a tad bit of panic and upest but trying to...

[Kubey Jr. 0]

...stay calm.

Hi,

So we have completed filling out all but two forms....a extra form that is part of the AOS Affidavit ....... the Adjustment of Status package is so nearly ready but sadly not ready........travel authorisation.....the travel one wants a date and time that we would be visiting Scotland because my wife has never met my parents and one of them is very ill.

We cant leave however until I've been summoned for biometrics....summoned?...well I don't know if that's the right word or not but you know what I mean......

these forms that all make up the the Adjustment of Status package have to been sent of ASAP i believe?......and time since port of entry is now three weeks....its not been as fast as i'd liked because the SS Office trip to get a card did not happen until five days ago.....they were super fast though....five days was amazing to get one to me.....

however....the new Affidavit that the primary sponsor (AC's Father) is filling in requires him AND the AC to submit birth certificates....now, this is easy and quite quick for the AC's Father (because his is in Dallas)....but AC's is in Oklahoma, which is a bit more difficult to obtain.

We also need to get the AC a Passport......all just a tad stressy.....we thought we had got somewhere with the SS number arriving.

Do i just have to abandon a visit to visit the AC's new in laws because time is marching on?....what would you do in this situation?

Does the Travel form have to be filled in now or can you just not send it later?

Thanks

Edited July 4, 2013 by Kubey Jr.

[VanessaTony 3,567]

I'm not sure I completely understand your post. I assume you mean American Citizen when you say AC, which is actually USC on this forum. So i'm going to try and understand what you're asking/saying.

When you say AOS Affidavit I think you mean I-864. Travel Authorisation is AP (or I-131). SSN wasn't/isn't required for AOS. There is no deadline for filing AOS but you cannot work or leave the US (to reenter) without having filed for AOS (EAD and AP included if you want/need to travel before GC approval).

It appears you're saying you haven't filed for AOS yet because you're still gathering the documents together. You are concerned because one of your parents is ill and you haven't filed for AOS so don't have AP, and also the USC doesn't have a passport either. You also are saying that the I-864 requires birth certificate for the sponsors and that your USC wife's birth cert is hard to obtain because it's in Oklahoma.

SO. Here's my reponse. You arrived on a K1. The primary sponsor, your USC wife does NOT need to submit proof of citizenship because she already did in order to get you the K1 visa (incidentally, how did she prove her USC status to get you the K1?).

Also, AP does NOT require a date. There is a section for it of course, but you just write "unknown" in those spots. Given it's an emergency after you have received the NOA1 I would make an infopass to expedite the AP. You will need proof of your parents illness/reason for the expedite.

Her passport can be applied for and expedited. She may need her birth cert for that though... unless she's already had a passport and you're just referring to a name change.

Would I in your position abandon a trip for my spouse to visit my ill parent? Up to you. My husband never met my father. He did speak to him briefly once or twice via skype but he passed last year and Tony wasn't able to get time off work to visit at any point. Do I wish he'd had the chance, sure, but sometimes it doesn't work out that way.

[Harpa Timsah 13,258]

You cannot return to the US without an approved travel form. You can't travel.

[C-ma'am 684]

I've got a feeling this is an adjustment from Work, Student or Tourist visas....

Edited July 4, 2013 by Celeste & C

[Harpa Timsah 13,258]

It's K-1. http://www.visajourney.com/forums/topic/428857-my-full-story/

[C-ma'am 684]

It's K-1. http://www.visajourney.com/forums/topic/428857-my-full-story/

:facepalm: I hadn't seen this, and I also overlooked the signature.

[Nich-Nick 3,353]

Kubey--

1) You need your card that allows you to work and travel before you leave the US. Or you need a greencard. Otherwise you will not get back in the US.

2) To get the card, you need to apply for Adjustment of Status (I-485), Employment Authorization (I-765), and Advance Parole travel document (I-131). Then wait 2-3 months to get approved and receive the travel card.

3) The I-131 travel application does not have to have an exact date of travel. Say unknown. For a reason, you can say "visit my sick father". They will approve any reason you put.

4) For your wife to travel to Scotland, she needs a passport. She will have to mail off her birth certificate and wait for a passport.

5) There is no deadline or rush to filing your 3 application forms, but you can not go to Scotland until you file AND get the travel card in the mail.

6) You are correct that a photocopy of your father-in-law's birth certificate must be included with his affidavit of support I-864. Your wife does not need to prove she is a US citizen. She already proved that in earlier applications. Read the list I gave you. Proof of citizenship is not listed under sponsor (wife). It is only listed under joint sponsor (wife's Dad).

You should forget your plans to go to Scotland for now. Work on getting your package submitted. Without that, you won't get the permission card needed to return. You would erase all you have done to get here and would start over.

While you do that, tell your wife to work on getting her birth certificate so she can apply for a passport. If she was born in Oklahoma, she can fill out this form and order by mail http://www.ok.gov/health2/documents/VR_BCRequest_interactive.pdf

Maybe by November, you will be able to travel together to Scotland.

[Kubey Jr. 0]

Many thanks to Vanessa Tony, Harpa Timsah.....no problem Celeste & C

The USC has never had a passport....and it looks like maybe a full month to get a birth certificate

[VanessaTony 3,567]

Many thanks to Vanessa Tony, Harpa Timsah.....no problem Celeste & C

The USC has never had a passport....and it looks like maybe a full month to get a birth certificate

How did she prove her citizenship for the K1? She would have needed passport pages or birth certificate.

[Kubey Jr. 0]

How did she prove her citizenship for the K1? She would have needed passport pages or birth certificate.

I honestly don't know...she has a driving license...and, the original birth certificate is here in the house I am living in...however her mother wont relinquish it....so we need to get a certified copy made.

I've noticed though....that the Texans seem to hold the Texas driving license very high as a form of ID....but i dont know if that was used or not....the first stage to getting the USCIS approved letter for us was way back in 2011 and memory is a little hazzy on it....plus it was done with a immigration lawyer...(we now do it ourselves though)......I think I maybe I did see a birth certificate at one point way back then but couldn't say for sure.

Edited July 5, 2013 by Kubey Jr.

[KayDeeCee 4,892]

She had to of used a copy of her birth certificate then. A drivers license is not an acceptable proof of citizenship with the I-129F.

Very odd that her mother will not hand over her own birth certificate to her. Her mother does not need it, but she does and possibly will for other things in the future.

[VanessaTony 3,567]

I honestly don't know...she has a driving license...and, the original birth certificate is here in the house I am living in...however her mother wont relinquish it....so we need to get a certified copy made.

I've noticed though....that the Texans seem to hold the Texas driving license very high as a form of ID....but i dont know if that was used or not....the first stage to getting the USCIS approved letter for us was way back in 2011 and memory is a little hazzy on it....plus it was done with a immigration lawyer...(we now do it ourselves though)......I think I maybe I did see a birth certificate at one point way back then but couldn't say for sure.

Do you have a copy of the original K1 packet? Can you contact the attorney to get it (it should be made available free of charge). You don't usually need the original, just a copy. Plus, the mother doesn't HAVE an original. It's a certified copy of the original. the actual original (like with marriage certificates) is kept at the registrars office.

[Nich-Nick 3,353]

The original certified birth certificate must be mailed (or turned over at the post office where you apply) to get a US passport. It will be returned. The passport and birth certificate will be mailed separately, but it will come back.

She doesn't need a photocopy from the K1 packet. She doesn't need to send birth certificate photocopy with your AOS. She needs an original to get a passport.

Edited July 5, 2013 by Nich-Nick

[HeatDeath 430]

My USC wife has an old original (or certified copy) birth certificate that I could understand perfectly well her mother not wanting to relinquish - it's hand typed and very delicate. We sent a photocopy of it for the I-129F.

But we also have some much more recent official birth certificates, printed within the last few years on official security paper. If we had to send off one of her birth certificates we'd send one of those. They can be obtained trivially at the county health office for 10-20 per copy.

OP: as a grown up, your fiancee should definitely have her own copy of her birth certificate. If where she lives is anything like Utah, she should be able to go down to the local county health office and, for 10-20 dollars, get a brand new certified copy official birth certificate. Actually, she should probably get a couple.

[Kubey Jr. 0]

Many thanks everybody....i'm sorry didn;t see your post Nich-Nick it didn't show up..thank you nich nick........i'm seeing everybodies now though....very odd.

have printed that......i still dont understand what out of status means and how bad a situation that is?.....is it very bad?....or do you just hold on tight while paperwork and interviews are scheduled....i mean if i go back to the time where i was waaaaay over the deadline for Notice of Action......they started to require statements of intent written and notorised....would that be what would happen again?