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Found 193 results

  1. Hello, I am married to USC, and adjusting my status through him. I had an interview on February 6th, and since then, there has been no movement on my case, no communication from USCI, nothing. The status still says that the case is held for the review. What are my options now? Thanks.
  2. Question: Will USCIS reject my OPT extension application if I am married to an American citizen and we have not applied for AOS yet? I graduated from a university in the US in a STEM major, and I got my OPT approval at the end of last year (2016). While looking for a job for my OPT, I got married to an American citizen. I found a job and I have been working for this company for almost 9 months now. Unfortunately, my spouse and I have not been able to apply for AOS (F1-OPT to GC) yet because of the fee and lacking of documentations. (My American spouse forgot to file tax returns in some past years, and I know from reading many websites that my American spouse has to have the previous 3 year tax returns.) Now, my first OPT will expire within 3 months, and I am wanting to apply for STEM OPT extension soon because it can give me 2 more years of OPT period. My initial thought was, while I have the total of 3 years of OPT, I can apply for AOS with my spouse. However, I recently started feeling worried about whether USCIS will grant me the OPT extension because I am married to an American. I know that OPT is continuation of F-1 status, which basically is a visa for someone with no immigrant intent. This makes me think I don't qualify for OPT extension because I am married to an American citizen, making it look like I have an immigrant intent ( and in fact, I do have an immigrant intent now that I have an American spouse here). I am worried I might be in huge trouble now. I want to apply for OPT extension as soon as possible as my initial one is expiring soon, but I am not sure if I should they might reject it, considering the fact that I am married and have an immigrant intent. Can someone help me figure this out and give me some advice on what I can do now?
  3. Hello everyone. My husband and I got married in Brazil, last July. I'm a Green Card holder (permanent resident). As soon as I got back to the U.S., I applied for his immigration petition. He already has a receipt number, as well as priority date. We just bought his flight ticket to the U.S. in order to visit me in december, so that we can spend Christmas together. He changed his surname position on his birth certificate just before our marriage (because I want it to be our family name): He placed his middle name at the end of it, being now his last name (e.g.: "John Smith Mclane" changed to "John Mclane Smith"). Our marriage certificate applied for the petition is accordingly with it (his new name). However, his passport and tourist Visa contains his previous surname's order. Both names were informed in the Forms (I-130, I-130a), as maiden name and married name.We filled his flight ticket according to his passport and tourist Visa (maiden name). Since I will already have started his immigration petition under his new name, we don't want it to be an issue for him when passing through the immigration to visit me. Does he have to change his surname on his passport - updating it - before he comes in December? Or it will be enough if he just carry our marriage certificate, in case of an issue? His passport and tourist visa only expire in 2021. Thank you so much in advance, for any and all responses.
  4. I know that sounds silly but where can I find the place of marriage? I got the license from X city and got married in Y city (both in texas). So what is the name of the city I should put in part 4 20.a?
  5. Question: Will USCIS reject my OPT extension application if I am married to an American citizen and we have not applied for AOS yet? I graduated from a university in the US in a STEM major, and I got my OPT approval at the end of last year (2016). While looking for a job for my OPT, I got married to an American citizen. I found a job and I have been working for this company for almost 9 months now. Unfortunately, my spouse and I have not been able to apply for AOS (F1-OPT to GC) yet because of the fee and lacking of documentations. (My American spouse forgot to file tax returns in some past years, and I know from reading many websites that my American spouse has to have the previous 3 year tax returns.) Now, my first OPT will expire within 3 months, and I am wanting to apply for STEM OPT extension soon because it can give me 2 more years of OPT period. My initial thought was, while I have the total of 3 years of OPT, I can apply for AOS with my spouse. However, I recently started feeling worried about whether USCIS will grant me the OPT extension because I am married to an American. I know that OPT is continuation of F-1 status, which basically is a visa for someone with no immigrant intent. This makes me think I don't qualify for OPT extension because I am married to an American citizen, making it look like I have an immigrant intent ( and in fact, I do have an immigrant intent now that I have an American spouse here). I am worried I might be in huge trouble now. I want to apply for OPT extension as soon as possible as my initial one is expiring soon, but I am not sure if I should they might reject it, considering the fact that I am married and have an immigrant intent. Can someone help me figure this out and give me some advice on what I can do now?
  6. Hi, After months of paperwork and waiting, my fiancee is just a few days away from her consulate interview at the US embassy. As result we've been trying to figure out the timing of everything that comes after her arrival. Namely, three things: * Get Married (in Pennsylvania). * Get a Social Security card * File for adjustment, along with employment authorization There are a few things that are especially important to us. 1. Getting married asap so that I can add her to my health insurance (we got pregnant earlier this summer after filing the K1; she's due in February); 2. Getting her work authorization as soon as possible, as her current employer in Manila wants to keep her employed through their US office. Ideally, we're hoping that we can get married (via civil service) shortly after her arrives (there's a 3-day waiting period in PA, but we plan to apply the day after her arrival, and then get married immediately after the 3-day wait). After that, we plan to file the Adjustment of Status, along with work authorization request. After that (once she's been in the country for 2 weeks), we'd apply for her social security card, under her married name. Does anyone know whether we can do that, and in that order? I've seen consistency that we should wait 2 weeks after arrival before filing for a social security card, but there is conflicting information on whether we should/have to wait any length of time before filing the paper work to get married.
  7. Okay so I'm getting married next week and I'm already preparing my papers. My fiance and I living together in my place that I rented before I invited her to live with me. So I don't know how to prove we live together (any ideas?) Anyways, I was thinking of making her a co-owner of my car. What that work as a proof of course ownership of a property? It is for real but due to time restrains I find it difficult to to prove it's bona fide. That's what we're are going to do: 1) joint car ownership. 2 joint bank account 3) pix of marriage (small one) and me putting the ring on Any help is appreciated!!
  8. My significant other came to the U.S. in May 2017 on a B2 visa to see the U.S. and friends. I am a U.S. citizen. We met in July 2017 and began dating and now would like to get married. If we were to marry would he be able to stay beyond the B2 expiration date (November) and file for the adjustment of status? Also, what type of proof is needed to demonstrate the relationship is legitimate? We love each other very much and spend a lot of time together so I would think this would not be too hard to demonstrate?
  9. Hello everyone, I have been reading here for awhile now, and it has helped me and my boyfriend with our plans tremendously. I am currently in the US on a J1 visa, my employment authorization ended on September 30th but October is my "travelling month" so I'm still in the US right now. This is my third J1 visa and I have never overstayed, I would usually leave before the end of September. Anyways, so me and my boyfriend decided the best option for us would be to get married now. He doesn't want me to go back and wait for the K1 visa to be approved. We have been together for around 4 months now and are practically living together and spending all of our time together as well. We were also coworkers while I was still working. We have the full support of his parents who have been amazing so far and we are planning to get married pretty soon. My question is: can we file I-130 and I-485 with minimal proof of bonafide marriage and start collecting more asap? Let's say we file with just the marriage certificate, photographs, one hotel stay and one or two affidavits? Would that be enough just to get the process started? Since I am so close to the end of my visa, we can't just go and open a joint bank account or get a lease in both of our names. So I was thinking we can get more evidence in the months after the wedding when I can be here legally and get all of these things while my case is pending.
  10. Do I need to bring my original birth certificate to the AOS interview? The obvious, safe answer is YES. Unfortunately, my birth certificate is (or was) with my parents in my home country: they lost it during a move two years ago. I only have a scan which I made several years ago. That's the version I submitted with my paper AOS application. My husband and I are appearing for our I-485 interview in early June. My parents have tried and failed to find my original certificate. Perhaps fortunately, all of the information in my birth certificate is also in my passport (city of birth, country of birth, date of birth, mother's name, father's name). Is my lack of the original birth certificate a deal breaker? If the immigration officer asks, should I explain my situation and hope for the best? I'm just looking for thoughts, since no one here -- I think -- is an immigration officer. Thanks!
  11. Hi. I'm filling out my i-485 and all other documents for green card application. My situation here: -Graduated college and obtained another year from OPT. -Applied for H1B and got denied. -Got married to my bf who is U.S. citizen on 9/22. -60days of grace period is over as of 9/26. So currently I'm out of status. I already filled out OOS for my current status on my application. My question is, Do I need to fill out INA: ACT 245 (i) - Adjustment of Status under Section 245(i) - USCIS? I'm very confused because all lawyers who I asked if I'm eligible for applying green card with 'out of status' said I will be fine since if I'm married to US citizen, and haven't mentioned anything about this INA section. I just found about this while I'm filling out i-485 form.. (This is extra $1000 if I'm under this category.. my bf and I are trying to save money as much as we can and decided not to have a lawyer and this is really bad news..) If somebody was in the same situation as mine, please share yours with me.. I'm very nervous and tired of all this visa process since I was a student!!!!!!! Thank you
  12. Que visa necesito?

    Hola! Soy de Chile y me caso con mi novio aquí en noviembre. El tema es que el próximo año deseamos casarnos en Estados Unidos para compartir el momento con su familia, entonces a pesar de que he leído mucho no encuentro qué visa solicitar. Iré ya casada con él aquí en Chile, solo iré para casarme allá y para nuestra luna de miel, pero no tengo intenciones de vivir en Estados Unidos hasta cerca de 6 años más cuando jubile de mi trabajo. Qué visa puedo aplicar entonces? Muchas gracias por la ayuda estoy muy confundida !
  13. Hey everyone. I'm a US citizen and my wife is Japanese. We live and got married in Japan, and we're in the process of completing our Form I-130. I've read that we shouldn't submit ANY original documents at this point unless it is specifically required, but I'm still unclear on how that applies to certain special cases. For example, our original marriage certificate, health care cards, and proof of joint residency documents are all written in Japanese. We already got certified English translations of all those, and then we made copies of the translations and their corresponding certifications. So, my question is, when I put the Form I-130 in the mail, do I need to include the original certified translations, or is it all right to send copies of those certified translations and keep the originals for the future? We paid quite a bit of money for each individual translation, and I'm worried that we'll have to pay for them again later in the process (i.e., for the interview) if we send the originals now. Thanks for any help you can provide.
  14. Hello September filers (and anyone else reading!) My fiancé sent off our package to Lewisville on the 7th September and he received our I-797C letter on Saturday, so we're officially on our journey! Anyone else have the same sort of timeline as us and how are you all finding it?? Where are you all from? I wonder how long we can expect to wait until the NOA2. I'm really hoping it's only 3/4 months but there's just no way of knowing.
  15. Hello Visa Journey, I've been reading almost every topic I can on here for the last couple of weeks trying to find every bit of information I can pertaining to J-1 Visa holders and marriage to an Active Duty military member. To my surpirse, there's more out there than I expected. However, I do still have a couple of questions and I'm hoping that they can get answered here within the next few days. Where to start... My girlfriend, from South Africa, and I have been together for a year now. She came in the country on a J-1 Au Pair visa without the 2 year requirement. Her visa just expired, and she's currently in here grace period until October 15. We've been talking about getting married for a little bit now but more serious lately, without consideration of her visa. Back in may, she filed for a transfer to an F-1 Student visa because she wanted to go back to school. She recieved her receipt on it and frequently checks the status but has yet to receive anything else. I understand the following forms need to be filed in the case that we do get married: I-130, I-130A, (2) G-325A, I-864, I-485, I-765, I-693, I-131. <-- Do correct me if any of these are wrong. I've looked up the checklist on here and other sites trying to cross-reference everything I can so I don't get it wrong. Filing the I-131 because in April 2018, she plans to go back home to attend a brother's wedding and then return back to the US. This is where my main concern lies. I understand that while her visa has expired, if we get married and apply for an AOS, that time where she stayed is null so far as she remains within the US for the I-485. The fact that she would be leaving, would the week/month she was in her grace period be considedered an "out-of-status" or "unlawful stay"? I understand the 180/360 day rule and it only triggers after they depart, but I also understand that an I-131 does not guarantee reentry. I guess my main question is this (sorry for the confusion, my head is all over the place trying to figure this out): 09/15/17: Visa Expires (10/15/17 - Expected departure date) 09/15/17-10/15/17: Get married and start AOS application (forms mostly already filled out today, but just getting the money orders and follow-on documents) Does the month window of her grace period classify as out of status and would it affect her reentry into the US if the Advance Parole is approved? We plan on filing everything together to ensure it all gets there. I would be traveling with her to her brother's wedding if that changes anything also? I just want to make sure that she'd be able to travel home with the I-131 and not have that week/month affect her reentry. We will be talking to the JAGs at base legal on Monday and ultimately the USCIS branch in Virginia Beach on Monday as well, but I just want to calm my nerves and get everything set-up with no issues. Thank you for your time, Ethan
  16. I married a Ghanaian in Ghana in August 2017. We have been dating for 5 years, with a trip from USA to Ghana for each of those years. We would like to apply for a marriage visa but want to present a strong application. Should we wait before applying? If we wait or prior to applying, would any of the following help our case: 1) Changing my legal last name and documents 2) Scheduling another trip to Ghana The only proof of marital relationship since August that we have is joint land ownership and affidavits from US and Ghana. Should we wait to gather more evidence?
  17. Hello all, I'm currently in the middle of the N400 application where I just finished the biometric appointment and awaiting a letter for the interview. I'm planning to get married with my fiancee in about a month in our home country (Japan) since all of our family is there. I have read in other posts that it shouldn't technically be an issue to get married during the process of the N400 application if I take my certificate to the interview but could not find any other case if I got married outside of the US. I'm wondering if getting married outside the US will raise a red flag and potentially cause my application to be rejected? If it may not be a concern, do I just bring an authorized translation of the Japanese marriage certificate? To give a little background about myself, I've been a green card holder for over 22 years and I have pretty much been raised in the states. I still currently live here but my fiancee currently lives in Japan. I don't have a criminal record as far as I know. I'm also well under the # of days limit outside the US so I don't think I need to be worried about traveling for my marriage... I would greatly appreciate your time if I could get some feedback/past experience regarding my concern. Thank you very much for reading.
  18. Hello all, My partner is a Ukrainian citizen, currently residing in the U.S. legally through a F1-OPT visa. Her visa expires August 11th of this year, however her EAD card allows her to work and live legally in the U.S. until August 28th. We want to get married and have her apply for a green card (through Adjustment Of Status [AOS]) in order for her to stay and continue our relationship. This is a recent decision and we want this process to be as smooth as possible without the help of a lawyer. So that brings us here with some questions regarding the legal side of things. We are hoping it is not too late to go through this process. I hear there are lots of forms and documents to have prepared and mailed. 1. Is it necessary for USCIS to receive these forms before her visa expires or before her EAD card expires? OR is she able to submit these forms during her 2-month grace period? 2. Does she have to get another kind of visa while she's waiting for her green card? If yes, is it possible to do this in the U.S.? 3. If applying through AOS, do we have to fill out separate I-131 (permission to re-enter U.S.) or is this included? 4. Do we need to go to city hall ASAP to go through the ceremony or do we have some time? We are determined to make this marriage happen in time and appreciate any help from this community. Thank you, K and N
  19. Hello, My husband and I recently got married and I need answers regarding the waiver of the J1 visa. I was a student, under J1 visa between 2014 and 2015, and I am still under the 212(e) rule. I still have 10 months left to stay in my home country (Brazil). I did a little research and I found that there are ways to get a waiver in this situation. Since I was funded by the Brazilian government, one option is to get the Non Objection Letter. I would like to avoid this option, since it takes months to them to reply me and I would like to remain in US, if possible. Also, we found a waiver based on Hardship, and it seems the best option for us. Right now, I am under a tourist visa and it is going to be expired on September, 21, 2017. Do you think it is possible to me adjust my status and obtain a Green Card without having to go back to Brazil? Also, since my visa will expired soon, and the waiver process takes months to be completed, can I stay in US meanwhile? Thanks!
  20. Hi there, My husband and I are considering traveling the world for awhile after I receive my 2-year green card from marriage. How do we go about doing this in a proper manner? From what I understand I can't travel more than 6 months outside of the USA, however we can hop around during that time in other countries each year... right? How does a permanent residence work? If I'm renting our place out during our travels it can still be used as our "permanent residence", right? Thank you!
  21. Hi, everyone. I'm just really lost and needing help about this entire process of applying for a CR-1 for my husband. A little background about our situation: I am a US citizen by birth. I have lived in the US all my life, and in October of last year I married my British husband in the US. In January we travelled to my husband's home country of Wales. We spent six months there, and I was on a visitor visa. We moved to Ireland from Wales and will have been here for two months next week. My husband is working and exercising EU treaty rights, I've applied for a residence card, and just this week I got my Stamp 4 right to work. My main question is: do I still count as a resident of the US or a resident of Ireland? Does my legal residency begin when I get my residence card? I read that you must be legally resident for six months in a foreign country before sending out your I-130 if you want to do Direct Counselor Processing, but Ireland doesn't have a USCIS office and we will have to file through the Chicago lockbox. Does this mean I would file the same way I would if I were in the US? Do I have to wait until I've had legal residence here for six months, or can I submit the application now under my US address (my parents' house where I was resident)? Also, as far as the Affidavit of Support and meeting financial requirements goes, as one of my parents is willing to joint sponsor my husband, must I still meet financial requirements on my own? It seems unclear what I will need to show financially in this case. If I work in Ireland, will this count towards it, or must it be US based? One final question: if, during the process, after the I-130 approval, I move back to the US to get a job and prepare for my husband's arrival, can he move back to Britain temporarily or must it all be done out of Ireland since that's where we will be filing from? I apologise for the novel, but our situation is a little unique, and we are just needing some guidance. Thank you for any help/advice you can offer.
  22. Hello guys! The new form I-864 asks "If you ever violated the terms an conditions of your non immigrant status" if someone overstayed his/her visa should put yes or no?
  23. Good day to all, I have a friend who's saying that once you're married in the USA thru K1, you're also married in the Philippines. I said it is not true unless you declare it at the Philippine embassy here in the USA. She doesn't believe it. Can anyone here explain in detail about the difference between K1 and spousal visa and what are the procedures, advantages and disadvantages if there's any so I can send it to her? Thank you!
  24. My husband and I got married in Sweden a few weeks ago. He lives in Sweden and has been there for a few years. He currently has a travel document (originally from Syria) and will be applying for his Swedish citizenship summer of 2018. If we apply for the spouse visa (CR-1) now and hopefully get the application approved by next summer, he will be in the process of getting a new Swedish passport. My question is, how will this affect his visa because he will no longer have his travel document and will have a new passport?
  25. VWP/ESTA

    Hi, I'm a UK citizen traveling to the soon to visit my boyfriend on the VWP. We know we want to get married one day, but we'll want to live in the UK. If we spontaneously decided to get married while I'm there and have no intention of changing my status, but will come home within the 90 days, would that be acceptable? Would there be any undesirable consequences from it? I'd be very grateful for any direct answers. It's difficult to know where to go for the correct info on the web. Thank you to anyone who takes the time to answer. 😊
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