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  1. Hi everyone! I recently got a RFIE for my I-485, at this time I still don't know what the request is about but i am afraid it is related to my joint sponsor's I-864. When we filled for AOS my mother-in-law accepted to be my joint sponsor since my husband's 2022 tax transcript was below poverty line and we filled before he filed for taxes. Now his 2023 tax transcript is way above poverty line, if the RFIE is about it can we withdraw my mother-in-law form and send a new I-864 of just my husband's? I already uploaded on march 1st our 2023 tax transcript as a proof of bona fide marriage since we filled jointly. thank you so much!
  2. My partner (US Citizen) and I (U.K. Citizen) currently living in the U.K. and are unmarried. Our long term goal is to move to the USA; however, we are considering a move to Australia after filing the I-130 document post marriage. The plan is to marry in the U.K. and then move to Australia in August 2025 and stay for one year, leaving August 2026. Can the I-130 be filed in the U.K. in say, March 2025, and the application continued after emigrating to Australia? Additionally, how long can we wait after the I-130 is approved before starting the I-485 petition? The reason for this would be that we want to have a full year in Australia and are trying to determine a rough timeline.
  3. Hi: My MIL had her interview last Friday. As I wasn't present, I can only go by what I was told.... So the interviewer called her in because the paperwork seemed to have a mistake. A checkbox that was marked yes instead of no in section where was asked if you where ever part of the Communist Party. MIL was born in Russian Federation and is a Ukraine national. Long story short, my question is about the length of time till GC is issued. The interview went well and approved. I checked online and USCIS website has not changed to approved still. Should we be concerned or just wait patiently. Thanks for any answers.
  4. @joaovily What did you put for your household? I am in the same boat... As I read: So if my wife is filing for her mother (my mother-in-law)... My mother-in-law is the applicant for I-485. Do I put a household of 1 (applicant only)? The way I read it You = Mother-in-law (applicant) = +1 Your Spouse = N/A. Mother-in-law is divorced, she is the only applicant Your Parents = N/A. Mother-in-law is the only applicant Your unmarried siblings under 21 = N/A Your children as defined in INA 101(b)(1) = Cannot figure out what this is, but from what I read here (removed link), my wife is not a stepchild and is over 21 Any other individuals... (for both bullets) = N/A. Applicant has never filed a federal income tax return. Or do I put a household of 5 (my family plus my mother-in-law/applicant)? i-485.pdf i-485instr.pdf
  5. Hi VJ🙂 I now this thread probably does exist but I just cant seem to find it. If theres one already created please could you kindly point me to the right direction.. My husband filed for my son and myself back in March 2023 (we’re both British citizens).. My son received his biometric appointment and mine followed a month later. I’ve kept an eye out on our progress and theres a month difference between our progressing time. I-130 update is they are actively reviewing our case and nothing needs to be done and the same goes for i-485. Is anyone else in a similar boat as us? Or is there anyone that have received travel documents, social security or even interview date? If so how long after your biometric was this? Thank you in advance!
  6. Hi guys! After loong years of waiting, we finally heard something from USCIS. We filed concurrently I-130 and I-485 coz my mom is already here in the US as tourist visa. Now, the update we got is that they scheduled her for interview. What do they ask during interview? I’ve never heard of interview for parents. Is it coz she had 2 biometrics? The first one was u readable so they scheduled a 2nd one.
  7. Hello, We're getting ready to submit our AOS paperwork however even after thoroughly reading the instruction pages, we still wanted to double check/clarify a few things. Any input on any of the questions would be highly appreciated! On the I-485 AOS form, I just want to confirm that the K1 visa IS subject to the public charge ground of inadmissibility under INA section 212(a)(4) - (pt. 8 #61). I believe I choose yes which then brings me to #62. #62 - I am using my brother as a joint sponsor for my wife's petition since I don't have an income however my brother and I don't live together - would he still be considered in our household? #63 - Do I include his full income in our annual household income? #64 - Should we share my wife's savings account information as an asset (do we provide bank statement as proof?) #65 - would car insurance be considered a liability? We're living rent free with my cousin for now so we're unsure whether to include any liabilities On form I-864 Affidavit of Support, (pt. 7 #6- use of assets to supplement income) Should I add my wife's checking/savings info when it asks "Assets of the principle sponsored immigrant?" For reference, my brother as a joint sponsor will be filling out his own I-864 so he wouldn't need to fill this part out being that he exceeds the federal poverty guideline, however I will add my minimal assets, but I'm wondering if I should add my wife's savings account to both our I-864 forms. I don't believe I need the I-765 worksheet for K1 family visa however I wanted to verify that as well. Thank you in advance and good luck everyone!!!
  8. Hello everyone! My wife already got approved I-130 and I-485 and green card made and on its way here, she received social security card today! And because she got the green card first, she won't need to rely the I-131 or EAD. I hope everyone's cases get approved soon!
  9. Hi, recently I am applying my green card (I-485), and also waiting for my work permit (I-765). Also, I came to the States as fiancée visa (k-1). Is it possible to have remote job for my country (Japan) while I am waiting for my work permit? It would be great if you tell me your experiences.
  10. Hello, I am an AOS applicant based on k1 visa. I got rfe regarding jontsponsor's latest 2022 tax return which he lost his job and not making enough for the poverty guideline requirements which he used to make before and we used to submit. We are trying to find new jointsponsors but no luck so far.I was given till end July to submit. My question is what if I couldn't find one, what shall I do? Withdraw my case? In case of denial I read I may have 30 days to either appeal or reapply..again what if I failed to, do I have to be deported? I am freaking out Thanks
  11. Hello all, this is my first time writing in this forum. I was searching if there were any April 2023 filers, but couldn't find any. If there's one. please feel free to close this and direct me to it so we don't duplicate topics. I submitted in 28th of April 2023 and got a text that it was received on the 1st of May. Still waiting for the mail and so far no updates yet. I am new to this so lets se what happens next :). I know this would be a long journey so it would be great to not have to go through it alone!
  12. What is a Mandamus ? A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. In case of immigration it deals with asking Courts to intervene when USCIS is not performing its task of adjudicating immigration petition within 180 days of filing date. Congress as part of immigration law has written the law that USCIS should adjudicate petitions at the max period of 180 days ( as per 8 USC CHAPTER 13) ( link: https://uscode.house.gov/view.xhtml?path=/prelim@title8/chapter13/subchapter2&edition=prelim#:~:text=It is the sense of,days after the filing of) Here is the basic essence of wom process : Step 1: Draft and File complaint against Uscis . This will be the defendant. In the current scenario of April 2023, Mayorkas is the head of DHS or Jaddou is USCIS head. Court has a format for a civil complaint and a template (example of template from a court in San Francisco https://www.cand.uscourts.gov/wp-content/uploads/pro-se/legal-help-center-templates-and-packets/General-Complaint-Packet_12-1-2020.pdf). You can download it from local court website . You are filing the complaint as a "Pro Se" meaning yourself without a help of lawyer. The complaint will need the following information 1) Nature of the Complaint: You can write the complaint in simple English using the above template document and asking for something like below : Iam so and so( include your name ) who has filed for I-XXX( xxx can be the form ( i-131, i-485, i-751) with receipt number WAC21900XXXX and it was filed with Uscis on date (dd-mmm-yyyy) and Uscis is expected to adjudicate hold interview within 180 days of receiving the application as per 8 USC code 1186b. You can add more information about your petition as needed. 2) Second part is jurisdiction in the compliant . You can says that the court has jurisdiction cause you live there as per 8 USC 1391(e) where you are resident of the jurisdiction and the defendant is a United States officer .You are allowed to file the case in your local jurisdiction aka district you reside if the defendant is a United States officer 3) Third part in the complaint is statement of facts . This is where you tell the court why courts need to step in and tell Uscis to adjudicate the case. You are asking the courts to intervene as USCIS has not performed its duty assigned by Congress to adjudicate your case within 180 days of filing. ( see attachment X) So most complaints don’t go for trial and the us attorney will reach out to you over phone to discuss an agreement. Us attorney will call and say “ hey we won’t need a trial but we can get you a decision on your case in. 90/120/150 days “ ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Going back to statement of facts is where you write the story . The courts needs to know why they need intervene and it is for you to tell them why ?. You can say something like below You talk about the i-131/i-485/i-751 Petition you filed . You filed your i-131/485/751 on date dd-mm-yyyy.( see attachment 1) you completed biometrics on dd-mm-yyyy date and it has been XX months since you filed and you have not got a decision on your case . Uscis current processing time for i-131/485/751.is now about XX months which is 10x the time set by Congress in immigration act of 1990 as per 8 USC 1186b . Congress has set a guidelines of 180 days for Uscis to conduct to adjudicate the petition To close it out you can say USCIS has violated. 8USC 1186b or an immigration law section 8 USC XXXX ( read immigration law here https://www.law.cornell.edu/uscode/text/8/chapter-12) and failed to adjudicate your case as set by Congress. 4) Last part of the complaint is relief This is where you ask what court should do.You ask for court to enter a mandate time to adjudicate the petition. You sign the complaint at the end That is the end of complaint and your mandamus (Writ of Mandamus) It should be about 4-5 pages max 5) Attachments You attach a print out of your i-131/485/751 receipt, green card( if applicable) , USCIS processing time print out from USCIS.gov website Along with complaint you need the following 1) civil cover sheet 2) summons Here is a link for civil cover sheet https://www.caed.uscourts.gov/caednew/assets/File/JS_044.pdf. ( search your own local federal court for the correct form ) link to summons https://www.uscourts.gov/sites/default/files/ao440.pdf ( search your own local federal court for the correct form ) Step 2: Filing the complaint with court: Once you have the complaint and civil cover sheet and summons go to the local district court,Remember it is DISTRICT court Go to the clerk at the court and tell you have a civil case to file . This has to be in person . They will review the documents . Make fourh copies of complaint and 4 copies of civil cover sheet and 4 copies of summons Make a check for 402$ for filing fee Once the clerk accepts the complaint they will take two copies of all documents .1 for court and 1 for chambers . They will give you 2 copy stamped for you (one copy for you and one backup) . You will get a case number assigned and like 500 pages of instructions So now your complaint has been filed with Court. You now have to send a copy of complaint, Summons, Civil Cover Sheet and all the instructions that Court gave you to the defendant. Step 3 Serving the Complaint to defendants (USCIS/DHS) : So now the complaint is filed with court. Once the complaint is filed . You make like 4 copies of your complaint that was stamped by the court. You also make 4 copies of the documents given to you by court So you should now have 4 copies of your complaint , civil cover sheet, summons and instructions from court Now you need to serve three people 1) US attorney in your district 2 ) attorney general in Washington DC 3) Uscis office general counsel in Washington DC Take stamped complaint , civil cover sheet , summon, court instructions and send them via usps certified mail to the above 3 officers Address for US attorney can be obtained by calling your local us attorney office USCIS General counsel can he served at : office of attorney counsel ,dhs, 2701 Martin Luther jr ave, Washington DC, 20528-0485 Attorney general of United States office can be served at : US department of justice, 950 Pennsylvania ave, Washington DC 20530-0001 So now the complaint is served to three people 1) US Attorney in your district 2) Attorney General 3) General Counsel at USCIS/DHS The clock now starts for 60 window before which the District Attorney will give you a phone call to negotiate.
  13. Hello everyone!! Hoping your having a good weekend I’m doing AOS from a tourist visa (my husband is an USC) and we just received this notification. Context: I got my shots 03/30/2022 for the I-693 Report of Medical Examinations and Vaccination Record later on the 04/19/2022 got the seal envelope ready to mail to USCIS. I didn't got my Hepatitis B shot because the doctor said I was not-age appropriate HOWEVER on the 04/01/2022 USCIS change the requirements for Hepatitis B recommending vaccination for all applicants throughout age 59. My question here is do I need to get the whole medical examination again (form I-693) with a Hepatitis B shot? The form has change since I summited my documentation and is expired. Or should I just get the Hepatitis B vaccination and submit proof? Thank you for reading me and the help!
  14. I am filing my AOS for my K1 visa and my son's K2, he's under 14 years old. I was only issued an alien number and he was not. When filing his I-485, do I leave his alien number blank? Or is there a way to find his? I'm seeing people say that K-2 isn't issued one??
  15. Hi! Will be arriving soon with K1 visa, and a little bit unsure about what is currently the best and fastest way to go about with the SSN and the I-485. We are not changing our names, and want to apply as soon as possible after marriage. So, my question is, do you think it would it be possible to submit I-485 without SSN on the form, even though it's on it's way its way? To potentially save a week or two or three. Has anyone done this? Or should we wait for the SSN before submitting I-485 regardless, alternatively not apply for SSN separately but instead request it with the I-485 to be able to submit asap? I would prefer having an SSN, to make life easier while waiting off course.. At the time of handling, the form would be incorrect, as I have been issued SSN, even though at the time of submitting, it would be correct, as it's not yet issued. Or am I missing something completely with the I-485 and SSN process? Appreciate your help
  16. Hello, I recently submitted my application to USCIS that included forms I-130, I-30A, I-485, I-864, I-693, I-765 and I-131. However, my payment was declined because my bank thought the charge coming from USCIS was fraudulent. I received my application back today and it came with a green slip that said to refile with the green paper on top. The applications all came stapled together, my medical examination form came back open and some of the evidence I had submitted is out of order. Is it okay to re-submit the application as is alongside a money order. Or should I remove the staples, organize everything again and get a new sealed envelope from my civil surgeon? Thank you in advance
  17. Hello everyone, I hope this is the right section, if not my apologies! I am writing today regarding a RFE for my I-693. The note says: Submit a completed Form I-693, Report of Medical Examination and Vaccination Record. The medical that you submitted to the consulate was signed by the physician more then 1 year from when you submitted form I-485, therefore you must submit form I-693. A USCIS civil surgeon must complete and sign the form, and you must also sign the form. If the civil surgeon refers you to a specialist, the specialist must include his or her medical exam results and complete the proper sections of the Form I-693 before the civil surgeon may sign the form. Once everyone has signed, the civil surgeon will place the completed Form I-693 in a sealed envelope and give it to you. You must submit the sealed envelope containing the original Form I-693 that the civil surgeon signed and the medical exam results; we will NOT accept photocopied Form I-693 and medical exam results. Civil surgeons must use the current Edition of Form I-693. You can find the current edition of Form I-693 on USCIS’s website at www.uscis.gov. In addition, the civil surgeon must ensure that all parts of Form I-693 were properly completed. Please Note: All Forms I-693 signed by civil surgeons on or after October 5, 2022 must use the 07/19/2022 edition of Form I-693. USCIS will not accept the 09/13/2021 version (or any previous editions) if the civil surgeon signed the Form I-693 after October 4, 2022. Therefore, the civil surgeon administering your immigration medical examination must complete and sign the 07/19/2022 edition of the Form I-693. I was surprised to receive this note for the following reasons: 1. My physician signed the I-693 on 6/29/21 and I submitted form I-485 on 12/21/21, only 6 months after and not more than 1 year later as stated in the RFE 2. In addition, the USCIS website states that I-693 is valid for 2 years, from the website: We generally consider a completed Form I-693 to remain valid for two years after the date the civil surgeon signed Form I-693 (https://www.uscis.gov/i-693) 3. Moreover, the same website states: From Dec. 9, 2021 until Mar. 31, 2023, we are temporarily waiving the requirement that the civil surgeon’s signature be dated no more than 60 days before you file Form I-485. Should I still book another appointment for I-693 or talk to a lawyer? I feel overwhelmed by this never-ending process and would appreciate your thoughts on this. Thank you.
  18. Hello all, I applied for AOS in May 22 from OH and recently received an RFE. A couple weeks after I moved to GA and filed an AR-11 with the USCIS. Since the RFE notice was sent from Cleveland,OH, I am sending my response to RFE back to OH even though I am now in GA. My question is, even though I have already informed the USCIS of my change of address, would it be wise to include a copy of the AR-11 along with the documents I am sending out to reply to the RFE. I have often heard that sometimes departments within USCIS don't communicate such changes to the responsible officer and I don't want that to result in a denial of my application since my address now is different than the address I filed the AOS application with. Thanks
  19. Hello all, I filed for I-485 and I-130 in May 22 out of Ohio where I lived with my wife. I recently moved out of Ohio due to work while my wife is still living at the place I filed from. Should I report the change of address to USCIS? Thanks!
  20. Hey, Me and my husband are very confused at the moment. We are currently in the process of i-130 and i-485 and had a status of our Case being actively reviewed since October 2022. On 20th of Dec we've received RFE requesting Medical i-693 and any other additional evidence of our marriage (if applicable). We've send a package with Medical and other docs that we obtained since initial application on 12th of Jan (a week before the dead line). One of the things worth mentioning, is that this RFE came from the local office already and never appeared on my USCIS account as a status or in document section. We were waiting for their decision or any response (but were aware that it might take up to 2 months). BUT on 28th of Jan I've updated my USCIS status and under my i-485 it said that "Request for Initial Evidence Was Sent" as of 28th of Jan. When I looked into the document that appeared on 30th, it was 100% identical RFE (only with different dates of issue 20th of Dec vs 28th of Jan) that we received in December and responded to 2 weeks ago. But this time it does appear as a status on the website (but no physical RFE was received so far). We did call their customer support and they supposedly assigned a person to our case to double check and see what we have to do with it (we haven't heard back yet). So I was wondering if anyone else here faced this type of situation... and received 2 identical RFEs within 1 month pretty much? Since we are concerned if they lost our package with Medical (even though it was received based on the USPS status of the package) or it's some kind of glitch Our timeline: Applied (i-130, i-485 etc) - September Biometrics - October Medical RFE - 20th of Dec Response to Medical RFE - 12th of Jan (Deadline was 20th of Jan) Identical Medical RFE appeared on the USCIS website - 28th of Jan (no physical RFE received)
  21. We got an EAD approval notice today. Only 1 month and 12 days later after USCIS received! Looking at the notice I see this section: "If you have a pending or approved Form I-140 and a pending Form I-485, you may request to change employers if your Form I-485 has been pending for at least 180 days. In order to do so, you need to submit documentation about your new job offer. For more information on how to request a change of employers and what information you must submit, please visit the USCIS website at www.uscis.gov. If your EAD card expires before we make a final decision on your Form I-485, you may apply for a new EAD card." My wife, who is the recipient of this EAD, is currently unemployed. But she has an employer lined up. Can she just start working for that employer? The text above implies that EAD is tied to a specific employer. Does she need to do anything in that regard? Like let USCIS know who is going to be her employer? And what is the process if she decides to change an employer in the future? Thanks!
  22. Hi VJ Community, I have been searching for information regarding a stepchild adjustment of status, who currently has a pending i-130 with USCI; The dilemma here is that USCIS has the following: "Alternatively, if your stepchild is already in the United States, after USCIS approves your Form I-130, your stepchild may apply to adjust their immigration status to become an LPR by filing Form I-485, Application to Register Permanent Residence or Adjust Status," so since the i-130 has not yet been approved, the question is: Can the stepchild adjust status with the pending i-130 (797 - Receipt)? Based on other information I've read he qualifies as an IR of the US Stepparent and as such a visa should be immediately available Thank you all in advance for your help and time
  23. Hi, I received an RFE from my I-485 asking me for my marriage certificate and my I-693. I sent everything through the mail with FEDEX (original with seal marriage certificate and I-693 sealed by the doctor) and it says it was received and signed for on 12/19/2022. But my status online hasn't changed. It still says "Request for Initial Evidence was Sent". I have tried the chat on the USCIS website and they won't confirm that they received my package and keep saying I have to wait 60 days after I sent the response to talk to them again. Has anyone experienced that? I am trying to stay calm and wait the 60 days, but I'm scared and can't think about anything else. My timeline: USCIS received I-485 - September 22nd, 2022 Scheduled Biometrics - September 30th, 2022 Biometrics Appointment - October 17th, 2022 (Case status changed to "Being actively reviewed" on this same day) RFE was sent - December 5th, 2022 (letter available online 2 days after that, then response was received according to FEDEX on December 19th, 2022). Thank you.
  24. This USCIS page (https://egov.uscis.gov/processing-times/historic-pt) shows historical processing times for different kinds of immigration applications, among them I-131s. However, it splits the I-131s into 3 categories: "Advance parole document," "Parole in place," and "Travel document." The first two categories have much shorter current timelines (5-6 months each) than the third, which sits at 14.5 months. Which of these categories is relevant for a K1 visa holder who has arrived in the US, married, and filed for a I-485 adjustment of status? Or perhaps are they all relevant, meaning that the whole process may take the sum of all of those timelines? 😱
  25. Hi everyone! What does it usually mean when your I-485 is transferred from NBC to your local field office?? In my case, Wichita field office. Does it mean it's getting closer to the end of the processing? I'm just trying to figure this out! Thank you!
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