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haagen_dazs

Hi I am new here *wave*. Is this the right place to post?

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Filed: Timeline

HI folks.

I am new to this forum and am about to start this daunting task of adjusting to a green card.

I was on H1B work visa (1st cycle) for a few years but lost my job about 1 month ago (Apr 2010).

I was already engaged and my fiance and I decided to get married in Apr 2010 to get a readjustment of status to a green card so that I can legally stay here.

Well things got busy with wedding planning (Jun 2010) so I am now getting down to this visa thingy (May 2010)....

My delay wasted some time so anyways.

We are both in the USA. My wife is a US citizen.

Is this the right sub forum to post questions on readjustment to a green card? 9I30 and I485 stuff?)

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Yes, this is the correct subforum, since you will be adjusting status based on marriage. :thumbs:

I'm sorry to hear you lost your job.


NATURALIZATION
02/15/13 - Mailed N-400
02/19/13 - Received by Phoenix Lockbox (day 01)
02/21/13 - NOA1 issued (day 03)


REMOVAL OF CONDITIONS (WIFE)
02/18/12 - Eligible for Removal of Conditions on Residence
03/23/12 - Mailed I-751 to CSC
03/26/12 - Received by CSC (day 01)
03/31/12 - Received NOA1 (day 06)
05/02/12 - Biometrics done (day 38)
10/23/12 - Received approval email (day 212)
11/01/12 - Received green card (day 221)


IR-2 (STEPDAUGHTER)
06/01/10 - Mailed I-130 petition
06/03/10 - Package delivered to USCIS (day 01)
06/08/10 - NOA1 issued (day 06)
11/03/10 - Received approval email (day 154)
11/08/10 - Received approval notice in mail (day 159)


NATIONAL VISA CENTER (STEPDAUGHTER)
11/08/10 - NVC received case from USCIS
11/09/10 - NVC case # & IIN generated, email addresses given, DS-3032 sent via email & USPS (day 01)
11/16/10 - Received and paid AOS bill (day 08)
11/17/10 - AOS bill marked as PAID; AOS packet express mailed (day 09)
11/19/10 - Received and paid IV bill; DS-3032 accepted (day 11)
11/22/10 - IV bill marked as PAID; IV packet express mailed (day 14)
12/03/10 - Sign-in failed (day 25)
12/09/10 - INTERVIEW SCHEDULED FOR JANUARY 10, 2011 @ 6:45AM
12/28/10 - Medical exam done at SLEC Manila - PASSED! (day 40)
01/10/11 - Interview at USEM Manila - APPROVED! (day 53)
01/21/11 - Stepdaughter received passport with IR-2 visa! (day 64)

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Filed: Timeline

Thanks alot

I have a few questions on the I-130

I am the "relative"

Under C-15, should I leave it blank since I lost my job in Apr 2010 or should I still leave the company name there as I have worked there for 2.5 years and they are ones who petition for my H1B.

Will leaving it blank raise red flags etc or be detrimental to the application?

Under C-22

It says "Your relative is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the USCIS office in :"

From the instruction sheet, it seems that if you are anywhere in the USA, it all goes to CHICAGO IL

Is this what I should put down as?

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Thanks alot

I have a few questions on the I-130

I am the "relative"

Under C-15, should I leave it blank since I lost my job in Apr 2010 or should I still leave the company name there as I have worked there for 2.5 years and they are ones who petition for my H1B.

Will leaving it blank raise red flags etc or be detrimental to the application?

I would place "None" for that question, as that is the case. You should never leave any question unanswered. Always answer or place "None" or "N/A", in my opinion.

Under C-22

It says "Your relative is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the USCIS office in :"

From the instruction sheet, it seems that if you are anywhere in the USA, it all goes to CHICAGO IL

Is this what I should put down as?

No, you do not place Chicago, IL. Chicago may be your filing location, but it may not necessarily be your local USCIS office. Enter your zip code to find your local USCIS office.


NATURALIZATION
02/15/13 - Mailed N-400
02/19/13 - Received by Phoenix Lockbox (day 01)
02/21/13 - NOA1 issued (day 03)


REMOVAL OF CONDITIONS (WIFE)
02/18/12 - Eligible for Removal of Conditions on Residence
03/23/12 - Mailed I-751 to CSC
03/26/12 - Received by CSC (day 01)
03/31/12 - Received NOA1 (day 06)
05/02/12 - Biometrics done (day 38)
10/23/12 - Received approval email (day 212)
11/01/12 - Received green card (day 221)


IR-2 (STEPDAUGHTER)
06/01/10 - Mailed I-130 petition
06/03/10 - Package delivered to USCIS (day 01)
06/08/10 - NOA1 issued (day 06)
11/03/10 - Received approval email (day 154)
11/08/10 - Received approval notice in mail (day 159)


NATIONAL VISA CENTER (STEPDAUGHTER)
11/08/10 - NVC received case from USCIS
11/09/10 - NVC case # & IIN generated, email addresses given, DS-3032 sent via email & USPS (day 01)
11/16/10 - Received and paid AOS bill (day 08)
11/17/10 - AOS bill marked as PAID; AOS packet express mailed (day 09)
11/19/10 - Received and paid IV bill; DS-3032 accepted (day 11)
11/22/10 - IV bill marked as PAID; IV packet express mailed (day 14)
12/03/10 - Sign-in failed (day 25)
12/09/10 - INTERVIEW SCHEDULED FOR JANUARY 10, 2011 @ 6:45AM
12/28/10 - Medical exam done at SLEC Manila - PASSED! (day 40)
01/10/11 - Interview at USEM Manila - APPROVED! (day 53)
01/21/11 - Stepdaughter received passport with IR-2 visa! (day 64)

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Filed: Timeline

Thanks alot for answering the USCIS question.

What I meant for the employment is should i leave as NONE or should i put in my previous employer though I lost my job 1 month ago

Will NONE raise any red flags while trying to get a green card status to stay in the USA?

Edited by haagen_dazs

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Thanks alot for answering the USCIS question.

What I meant for the employment is should i leave as NONE or should i put in my previous employer though I lost my job 1 month ago

Will NONE raise any red flags while trying to get a green card status to stay in the USA?

Question C15 is asking for present employer, not previous employer. So, I would still place NONE, as in no present employer.

It shouldn't raise any red flags. I'm assuming you no longer have H1B status, correct?

USCIS does not expect you to be presently employed, nor presently have an employer. This would be illegal because you're not presently authorized to work.

I think it's best to apply for AOS, that way your status would be pending.


NATURALIZATION
02/15/13 - Mailed N-400
02/19/13 - Received by Phoenix Lockbox (day 01)
02/21/13 - NOA1 issued (day 03)


REMOVAL OF CONDITIONS (WIFE)
02/18/12 - Eligible for Removal of Conditions on Residence
03/23/12 - Mailed I-751 to CSC
03/26/12 - Received by CSC (day 01)
03/31/12 - Received NOA1 (day 06)
05/02/12 - Biometrics done (day 38)
10/23/12 - Received approval email (day 212)
11/01/12 - Received green card (day 221)


IR-2 (STEPDAUGHTER)
06/01/10 - Mailed I-130 petition
06/03/10 - Package delivered to USCIS (day 01)
06/08/10 - NOA1 issued (day 06)
11/03/10 - Received approval email (day 154)
11/08/10 - Received approval notice in mail (day 159)


NATIONAL VISA CENTER (STEPDAUGHTER)
11/08/10 - NVC received case from USCIS
11/09/10 - NVC case # & IIN generated, email addresses given, DS-3032 sent via email & USPS (day 01)
11/16/10 - Received and paid AOS bill (day 08)
11/17/10 - AOS bill marked as PAID; AOS packet express mailed (day 09)
11/19/10 - Received and paid IV bill; DS-3032 accepted (day 11)
11/22/10 - IV bill marked as PAID; IV packet express mailed (day 14)
12/03/10 - Sign-in failed (day 25)
12/09/10 - INTERVIEW SCHEDULED FOR JANUARY 10, 2011 @ 6:45AM
12/28/10 - Medical exam done at SLEC Manila - PASSED! (day 40)
01/10/11 - Interview at USEM Manila - APPROVED! (day 53)
01/21/11 - Stepdaughter received passport with IR-2 visa! (day 64)

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Being married to a U.S. citizen seems like a perfectly logical reason to apply for permanent residence.

You still, however, must provide proof of a bonafide marriage. :thumbs:


NATURALIZATION
02/15/13 - Mailed N-400
02/19/13 - Received by Phoenix Lockbox (day 01)
02/21/13 - NOA1 issued (day 03)


REMOVAL OF CONDITIONS (WIFE)
02/18/12 - Eligible for Removal of Conditions on Residence
03/23/12 - Mailed I-751 to CSC
03/26/12 - Received by CSC (day 01)
03/31/12 - Received NOA1 (day 06)
05/02/12 - Biometrics done (day 38)
10/23/12 - Received approval email (day 212)
11/01/12 - Received green card (day 221)


IR-2 (STEPDAUGHTER)
06/01/10 - Mailed I-130 petition
06/03/10 - Package delivered to USCIS (day 01)
06/08/10 - NOA1 issued (day 06)
11/03/10 - Received approval email (day 154)
11/08/10 - Received approval notice in mail (day 159)


NATIONAL VISA CENTER (STEPDAUGHTER)
11/08/10 - NVC received case from USCIS
11/09/10 - NVC case # & IIN generated, email addresses given, DS-3032 sent via email & USPS (day 01)
11/16/10 - Received and paid AOS bill (day 08)
11/17/10 - AOS bill marked as PAID; AOS packet express mailed (day 09)
11/19/10 - Received and paid IV bill; DS-3032 accepted (day 11)
11/22/10 - IV bill marked as PAID; IV packet express mailed (day 14)
12/03/10 - Sign-in failed (day 25)
12/09/10 - INTERVIEW SCHEDULED FOR JANUARY 10, 2011 @ 6:45AM
12/28/10 - Medical exam done at SLEC Manila - PASSED! (day 40)
01/10/11 - Interview at USEM Manila - APPROVED! (day 53)
01/21/11 - Stepdaughter received passport with IR-2 visa! (day 64)

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Filed: Timeline

Being married to a U.S. citizen seems like a perfectly logical reason to apply for permanent residence.

You still, however, must provide proof of a bonafide marriage. :thumbs:

since we are married for a very short time frame

i can only show "Documentation showing co-mingling of financialresources;"

which would be joint bank accounts

what else should i send to them?

our wedding invitation for the ceremonial marriage in June?

photos of us together for the last 4 years?!?

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since we are married for a very short time frame

i can only show "Documentation showing co-mingling of financialresources;"

which would be joint bank accounts

This is the strongest evidence, IMO. When were you two married?

what else should i send to them?

our wedding invitation for the ceremonial marriage in June?

photos of us together for the last 4 years?!?

Do you have any rental lease/agreement? Health/car/life insurance? Car loans? Utilities? Cell phone bills? The more of these, the stronger your case.

Sure, the wedding invitation is great. The photos, over the course of 4 years, is great! Any letters between you two? Or better, any letters addressed to both of you?


NATURALIZATION
02/15/13 - Mailed N-400
02/19/13 - Received by Phoenix Lockbox (day 01)
02/21/13 - NOA1 issued (day 03)


REMOVAL OF CONDITIONS (WIFE)
02/18/12 - Eligible for Removal of Conditions on Residence
03/23/12 - Mailed I-751 to CSC
03/26/12 - Received by CSC (day 01)
03/31/12 - Received NOA1 (day 06)
05/02/12 - Biometrics done (day 38)
10/23/12 - Received approval email (day 212)
11/01/12 - Received green card (day 221)


IR-2 (STEPDAUGHTER)
06/01/10 - Mailed I-130 petition
06/03/10 - Package delivered to USCIS (day 01)
06/08/10 - NOA1 issued (day 06)
11/03/10 - Received approval email (day 154)
11/08/10 - Received approval notice in mail (day 159)


NATIONAL VISA CENTER (STEPDAUGHTER)
11/08/10 - NVC received case from USCIS
11/09/10 - NVC case # & IIN generated, email addresses given, DS-3032 sent via email & USPS (day 01)
11/16/10 - Received and paid AOS bill (day 08)
11/17/10 - AOS bill marked as PAID; AOS packet express mailed (day 09)
11/19/10 - Received and paid IV bill; DS-3032 accepted (day 11)
11/22/10 - IV bill marked as PAID; IV packet express mailed (day 14)
12/03/10 - Sign-in failed (day 25)
12/09/10 - INTERVIEW SCHEDULED FOR JANUARY 10, 2011 @ 6:45AM
12/28/10 - Medical exam done at SLEC Manila - PASSED! (day 40)
01/10/11 - Interview at USEM Manila - APPROVED! (day 53)
01/21/11 - Stepdaughter received passport with IR-2 visa! (day 64)

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Filed: Citizen (apr) Country: Australia
Timeline

Yes, this is the correct subforum, since you will be adjusting status based on marriage. :thumbs:

I'm sorry to hear you lost your job.

No it's not. This forum is only for K1, K2, K3 and K4 visas. As the OP is adjusting status from a visa other than those mentioned, I will move this topic there.

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from a H1B visa and the prior forum is for K1, K2, K3 & K4**

**Edit - the OP didn't get a FAMILY visa to come to the US. They are applying based on marriage yes, most are, but it's the visa you're AOSing FROM that matters (note the title, AOS from family based VISA). As a K1, I do not file an I-130. I filed an I-129F when I was in Australia in order to get my family visa, which for the K1 was a fiancee visa. The OP is adjusting their status from a H1B visa, not a family visa.

Edited by Vanessa&Tony

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Hi, haagen_dazs and congratulations! From the way I read it, you are not actually married yet, but will be in June. Please note that you need to get married BEFORE filing your AOS package. You probably already knew this, but I thought I should err on the side of caution. Good luck!


Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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No it's not. This forum is only for K1, K2, K3 and K4 visas. As the OP is adjusting status from a visa other than those mentioned, I will move this topic there.

Sorry, my bad. Thanks for the correction.


NATURALIZATION
02/15/13 - Mailed N-400
02/19/13 - Received by Phoenix Lockbox (day 01)
02/21/13 - NOA1 issued (day 03)


REMOVAL OF CONDITIONS (WIFE)
02/18/12 - Eligible for Removal of Conditions on Residence
03/23/12 - Mailed I-751 to CSC
03/26/12 - Received by CSC (day 01)
03/31/12 - Received NOA1 (day 06)
05/02/12 - Biometrics done (day 38)
10/23/12 - Received approval email (day 212)
11/01/12 - Received green card (day 221)


IR-2 (STEPDAUGHTER)
06/01/10 - Mailed I-130 petition
06/03/10 - Package delivered to USCIS (day 01)
06/08/10 - NOA1 issued (day 06)
11/03/10 - Received approval email (day 154)
11/08/10 - Received approval notice in mail (day 159)


NATIONAL VISA CENTER (STEPDAUGHTER)
11/08/10 - NVC received case from USCIS
11/09/10 - NVC case # & IIN generated, email addresses given, DS-3032 sent via email & USPS (day 01)
11/16/10 - Received and paid AOS bill (day 08)
11/17/10 - AOS bill marked as PAID; AOS packet express mailed (day 09)
11/19/10 - Received and paid IV bill; DS-3032 accepted (day 11)
11/22/10 - IV bill marked as PAID; IV packet express mailed (day 14)
12/03/10 - Sign-in failed (day 25)
12/09/10 - INTERVIEW SCHEDULED FOR JANUARY 10, 2011 @ 6:45AM
12/28/10 - Medical exam done at SLEC Manila - PASSED! (day 40)
01/10/11 - Interview at USEM Manila - APPROVED! (day 53)
01/21/11 - Stepdaughter received passport with IR-2 visa! (day 64)

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Filed: Timeline

Hi, haagen_dazs and congratulations! From the way I read it, you are not actually married yet, but will be in June. Please note that you need to get married BEFORE filing your AOS package. You probably already knew this, but I thought I should err on the side of caution. Good luck!

HI ValirieA.

We already performed the civil marriage by a justice of peace at cityhall.

Thats should be enough to start the filing process right?

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Filed: Timeline

This is the strongest evidence, IMO. When were you two married?

Do you have any rental lease/agreement? Health/car/life insurance? Car loans? Utilities? Cell phone bills? The more of these, the stronger your case.

Sure, the wedding invitation is great. The photos, over the course of 4 years, is great! Any letters between you two? Or better, any letters addressed to both of you?

Hi Markieboy.

We do not have those because we abstain from living together before we are married. We went through the civil marriage and signed the papers to speed up the process. We have emails between the 2 of us. Thousands. How am i suppose to show this to the govt ?

Hmm I just realized I am now on her health insurance since Massachusetts require health insurance.

That helps too. Cool

Question C15 is asking for present employer, not previous employer. So, I would still place NONE, as in no present employer.

It shouldn't raise any red flags. I'm assuming you no longer have H1B status, correct?

USCIS does not expect you to be presently employed, nor presently have an employer. This would be illegal because you're not presently authorized to work.

I think it's best to apply for AOS, that way your status would be pending.

I suppose I do not have H1B since I expect the previous employer to pull it and the H1B visa is on hold as I am not employed.

I am not sure what you mean best to apply for AOS (sorry newbie)

Is that the same thing as applying for the I-130 and I485 listed in this link?

http://www.visajourney.com/content/i130guide2

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Hi Markieboy.

We do not have those because we abstain from living together before we are married. We went through the civil marriage and signed the papers to speed up the process. We have emails between the 2 of us. Thousands. How am i suppose to show this to the govt ?

Hmm I just realized I am now on her health insurance since Massachusetts require health insurance.

That helps too. Cool

I suppose email may be sufficient. However, some say that emails can easily be faked and therefore, are not the best evidence.

Remember, it is not necessary to prove living together BEFORE marriage. If you were married since April, even 1-2 months proof of co-habitation may be sufficient.

You can have friends or family members submit a notarized affidavit, attesting to the validity of your relationship and marriage. Who else attended your civil marriage? Photos of the civil ceremony are great evidence.

I suppose I do not have H1B since I expect the previous employer to pull it and the H1B visa is on hold as I am not employed.

I am not sure what you mean best to apply for AOS (sorry newbie)

Is that the same thing as applying for the I-130 and I485 listed in this link?

http://www.visajourney.com/content/i130guide2

The term "AOS" usually means "Adjustment of Status" Technically, it's the I-485.

Yes, that guide explains the concurrent filing of I-130/I-485 package. Follow that guide as close as possible...and you should be okay.


NATURALIZATION
02/15/13 - Mailed N-400
02/19/13 - Received by Phoenix Lockbox (day 01)
02/21/13 - NOA1 issued (day 03)


REMOVAL OF CONDITIONS (WIFE)
02/18/12 - Eligible for Removal of Conditions on Residence
03/23/12 - Mailed I-751 to CSC
03/26/12 - Received by CSC (day 01)
03/31/12 - Received NOA1 (day 06)
05/02/12 - Biometrics done (day 38)
10/23/12 - Received approval email (day 212)
11/01/12 - Received green card (day 221)


IR-2 (STEPDAUGHTER)
06/01/10 - Mailed I-130 petition
06/03/10 - Package delivered to USCIS (day 01)
06/08/10 - NOA1 issued (day 06)
11/03/10 - Received approval email (day 154)
11/08/10 - Received approval notice in mail (day 159)


NATIONAL VISA CENTER (STEPDAUGHTER)
11/08/10 - NVC received case from USCIS
11/09/10 - NVC case # & IIN generated, email addresses given, DS-3032 sent via email & USPS (day 01)
11/16/10 - Received and paid AOS bill (day 08)
11/17/10 - AOS bill marked as PAID; AOS packet express mailed (day 09)
11/19/10 - Received and paid IV bill; DS-3032 accepted (day 11)
11/22/10 - IV bill marked as PAID; IV packet express mailed (day 14)
12/03/10 - Sign-in failed (day 25)
12/09/10 - INTERVIEW SCHEDULED FOR JANUARY 10, 2011 @ 6:45AM
12/28/10 - Medical exam done at SLEC Manila - PASSED! (day 40)
01/10/11 - Interview at USEM Manila - APPROVED! (day 53)
01/21/11 - Stepdaughter received passport with IR-2 visa! (day 64)

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