RFI and Misc

Our Change of Status Paperwork has been pulled off the shelf well ahead of when we expected it so perhaps the consolidation in Chicago has been a good thing. We did recieve a request for more information as it seems the fact they had proof of an approved K-1 was not enough. They also needed the I-797 notice of actioni that I had filed a K-1 on Suzie's behalf.

Not sure I have the energy to go all out on that like I should but by all means it speaks for itself. They had proof and records in their system of a valid K-1 to the effect it allowed entry into the countr and yet they not only need that but the early round notice of action that the K-1 had indeed been filed. If we do not send the information then our application is to be cancled. Needless to say we have mailed it but it really seems silly. To top it off it seems an RFI Also places an immediate injunction on the granting of any interim work priveledges. From what we could ascertain this did not apply to the EAD. Only to interim prevlidges granted after the K-1 expired and before the PRC is granted. It also places a 90 day waiting period on the granting of the privlidges from the time the actually recieve the requested information. OH yeah... and a weird one. We had 87 days to respond. not 80, not 90 but 87. Seems like such and arbitrary number. Was an oddity. Just seems to be me one more example of how little any form of logic applies to any part of this process.

In miscellaneous news I would advise anyone comming here on K-1 to already be a licensed driver in their nation of origin if they are going to need to drive (like say to get to a job). If such a license is not recognised for driving on US roads I would take the time to get an international license. Once you get here it would appear that (at least in the state of Alabama) that you cannot even get a learners permit unless you have residency status good for more than 160 days. THe K-1 is of course only good for 90 days despite the fact it can take 6 months or more for a change of status to be processed. So despite the fact that had Suzie been licensed in the UK she could legally be driving on the roads, the fact she is applying for a US license is denied just because of the paperwork snafu immigration is subjected to.

I dunno but last I checked a License did not give you any immigration rights. What is the point in denying ANYONE getting a driving permit that states they are safe to drive on the road. In the modern world, the US especially with its lack of wide spread public transport... denying even the ability to seek a drivers license is akin to saying someone can't walk from place to place. It is that fundamental a need to function in this society.

Ah well enough ranting for one day. I think there are some other pieces of information we have not gotten around to posting about. Will see if I can get something down about them as well later.

Comments

Anonymous said…
I've loved reading your webpage and I through your writing I relive some of the feelings I had whilst filing immigration papers for my US fiance here in my homecountry Iceland.

We are now starting on the K-1 experience since we're planning on marrying in the US next summer. The papers have just been filled out and will be mailed next week. What a tedious task it is....

Your site was a good help through that.

One question, have you used the advanced parole required to leave the country whilst adjustment of status is underway?
The advanced parole seems to be a nuasance as I would rather not want to be sitting idle in the US without a work permit when I could be earning good money back at home for the summer.
Tmortn said…
We have yet to file for advance parole. However her brother is getting married in Austrailia next march so if the change of status does not sort iteself out soon we will need to file for it. Filing for one in order to work while at home in Iceland would probably not work to well as change of status is based somewhat on making a real effort to make the US your home. IE you have to go through an interview or two and supply evidence of a real relationship. Such things as shared residence, bank accounts and such are a big part of that.

If you A) had to miss an appointment because you only had a short notice and couldn't get to the states in time for your interview it would be very bad. And B) even if you made it they might have a hard time beliving you were making the effort to make the US your permanant country of residence.

Silly I know. Seems to me quite reasonable if they are going to be so slow about it to stay put and work. But I have long since started working on the assumption that the last thing this process in intersted in is what works best for the people involved.

If you really are going to try and do that I would advise checking with a good immigration lawyer. Hope that helps. Later.

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