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Everything posted by smilingstone
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Yes, there's really nothing to worry about unless you have a criminal history. All reported accounts of people being detained at POE have convictions which is what raised the flag in the first place. 99.9% of people making the move shouldn't have any concerns. It's best practice to file ASAP after marriage, and that was our intention, but I think in reality life just gets in the way. Maybe your partner is at work, and it's reasonable to not want to spend all your time together doing paperwork and admin. We married 16th Feb but didn't get round to filing until 7th April (10 days before my authorised stay was up). Unsure about your state, but in AL we got our marriage cert notarized and took it to the local probate court same-day. We asked the probate for an additional certified copy, knowing we'd need one for the AOS, so for a small fee we received the extra copy there and then, rather than submitting a request later and waiting potentially weeks. I see a lot on here of people being held back by waiting for marriage cert in mail, but I think in some states or bigger cities it's unavoidable. After that, you'll need to change your name on your SSN (if you already got one before marriage) and that will make it easier for you to get on bank account(s), driving license, etc. I've had difficulty with that with my SSN having my maiden name so we're only just starting those processes now. As for your question on shipping belongings, I can't advise as I didn't do that.
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It's difficult to go through the wait and not knowing, especially when you file during a brand new administration, as there's various things going on that cause delays, but this admin is really clamping down on immigration vetting processes. The best advice I ever received when I was at your stage was to just get on with my life. Your time will come so just put it to the back of your mind until that day comes.
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This isn't outside of "normal processing time", as there is no normal in this context. Every situation is different. You gave no details on the nature of your RFE, and my response to your query reflects that. If you want help, you have to help us help you. If waiting out the K1 approval is putting a strain on your relationship, causing you to consider abandoning then maybe this was never for you. Be warned, once a K1 is on US soil, in between EAD and GC, it will get harder.
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Perfectly fine to file I-129F while out of work. You will have around 8+ months to secure better financial situation in advance of the interview and further steps (AOS). You should however prepare a joint sponsor in the event that when income does become relevant, should your partner not meet income requirements.
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Your main challenge will be your partner having a very recent history of SH. From my understanding, and comments made directly from the panel physician at my medical, they are concerned with matters that have occurred within the last 12 months. Clearly your partner continues to struggle with severe mental health problems, but the only way to combat this for visa purposes is to evidence an effort to seek help and trying to get better. If your partner is continually being given support but their circumstances are not improving, then I am not sure how you would go about this. USCIS' main concern here is that the immigrant won't be a public charge, and a strong pattern of requiring emergency medical assistance doesn't seem to indicate as much. If it were me, I would be considering a move from US to Canada instead, to allow your partner to still have the avenues of support available to them as a Canadian citizen. You say they don't have problems while with you in the US, but let me say from first hand experience as a K1, the time that you move and find yourself at home alone, while your partner is at work, away from your family and everything you once knew, it can get hard. There's a chance that your partner may not fare so well when the "vacation mode" of visiting ends and real life sinks in. Wishing you the best of luck in your journey.
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K1 visa
smilingstone replied to Emmaaem22's topic in K-1 Fiance(e) Visa Case Filing and Progress Reports
When I was waiting for my NOA2, I was using ** and the stats showed that the week I filed was being completely skipped over. No idea why, could be any reason. I'd say that expecting approval in 4 months is incredibly hopeful... Average is more like 8+ depending on your circumstances. -
If the RFE letter includes the questions that were missed, with YES or NO boxes, then you should complete them in the letter. If not, then print the pages you missed and include them in the return mail. If the questions missed ask for further information if YES, then you should also include this. If this pertains to a criminal charge, then the usual procedure is to include police/court documents. You must read the RFE instructions carefully, as missing any step, even as small as signing/dating the page, could result in denial.
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Visa Availability
smilingstone replied to AneliaO's topic in K-1 Fiance(e) Visa Process & Procedures
I'm thinking there may be some confusion here as OP mentioned a K1, even though their timeline says F1. OP can you please clarify what visa you are referring to. Miscommunication would make sense considering OP had 18 month process in their head, which aligns with K1 more or less. -
I'm guessing that you didn't have strong ties to your home country, so the mention of a USC partner was perhaps reason for denial. How will you present this? Just pasted text on a Word doc? Like you said, I'd be worried about it being perceived as edited too. In theory, you could just type anything, any dates, any times. But as others have said, this is secondary and isn't that important. Personally, as Brazil is relatively high fraud, I would skip this entirely and focus on the messages you can actually screenshot. Similarly, we included only 1 photo together, with approx. 12 screenshots of messages, 2 letters of intent and a 2-page doc explaining how we met and that we want to start a life together in the US. But the main evidence was boarding passes, itineraries, Airbnb booking, etc that showed we had met. We had an RFE but it was because we missed a question on the I-129F, nothing evidence based. What is this?
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I-129F Proof of Ongoing Relationship
smilingstone replied to Modest's topic in K-1 Fiance(e) Visa Process & Procedures
Your best bet for proof of ongoing relationship is communication transcripts, such as texts, call logs, etc. You need to focus on evidence that shows what has happened, not may be happening, as @Edward and Jaycel said. What would happen if you submit this info but then for some unforeseen reason the trip doesn't happen? Best to avoid entirely at this point and save it all for further evidence at the interview stage. -
Rescheduling interview
smilingstone replied to nikaM's topic in Adjustment of Status from Work, Student, & Tourist Visas
I sincerely doubt you would get AP before the end of this month... -
Just my opinion: 1) I personally wouldn't consider basic safety as specialized training. 2) From what I've read, specific to this question, it is asking about organizations of political/religious connections.
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Resume demanded for US tourist visa (B1/B2)
smilingstone replied to b2visitor's topic in Tourist Visas
Not true. How are you funding your trip, getting there, duration of stay and returning? What do you have planned while in the US? Would be a red flag for a family vacation from India to US to not have some sort of planned excursions or contact details/address of where you will be staying. Both very relevant to a tourist visa. -
Resume demanded for US tourist visa (B1/B2)
smilingstone replied to b2visitor's topic in Tourist Visas
It doesn't matter what you think is relevant to a tourist visa. They want more detail so, unless you don't want your family to travel, you need to give them the information they have asked for. If certain points don't apply, as in the person has never conducted research and does not intend to conduct research, then say as much. It isn't possible to advise you what to say on each point as only you and your family are privy to your backgrounds. I only advise that you are fully transparent and provide as much detail as possible - too much info is better than not enough. -
Resume demanded for US tourist visa (B1/B2)
smilingstone replied to b2visitor's topic in Tourist Visas
The points aren't irrelevant if they have asked you for information on them. You should include information on every point, your full resume of education and employment background. Have you worked or studied in biological, chemical, nuclear research, AI, GPS, etc? It is a routine request for people in STEM fields as you could be regarded as a security risk. -
Husband needing to be employed to visit?
smilingstone replied to PapayaMango4's topic in Tourist Visas
Just provide evidence of all the other ties you mentioned in lieu of the employment. Same advice here during Trump administration as with any other administration. -
Divorce with my wife
smilingstone replied to Samibra's topic in Effects of Major Family Changes on Immigration Benefits
Imagine prioritising your job over your homeless children. -
Is the I-130 Approval Process Getting Longer Because of Trump?
smilingstone replied to NMinLasVegas's topic in Philippines
Probably.