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lcfreshful

Just a simple guy with a few questions.

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Hello everyone.

First off, let me go ahead and say that it is awesome that a community like this exists; supporting each other in the constant pursuit of happiness, and helping each other get over the hurdles and confusion caused by legal immigration. My name is Chris and I'm from Myrtle Beach, South Carolina; yep, you guessed it, I'm new here. I could really use some help on a few topics just to make sure I can be put in the right direction. Yes, I understand that advice given isn't always 'the right thing' unless given from an accredited lawyer; however, I just need a basic idea of things so I won't feel so.. In the dark. Let's get cracking..

1) I plan to file for the K1 visa for my Fiance. While trying to do some research over the web, I'm seeing a lot of sources that says the U.S. Citizen/Petitioner should annually make above 100% of poverty guidelines. Others say 125% if you also plan to get a 'Green Card'. I make well over 100% of the poverty guidelines, just a bit short of 125% (After taxes). Would I still need a joint/Co-sponsor? (I already have one willing to cooperate if that's the case.)

2) The situation that I'm in is rather frustrating. I know by the end of this year I stated I will make well over 100% of the Poverty Guidelines; yet, I obtained two whole raises prior to the end of this year, plus another expected sometime in March, and October next year. Which would mean in 2017 (I plan to file in January after the holidays) My earnings would add up to be over 125%. Is there any way I could explain this to the U.S. Embassy/Consulate where my Fiance must undergo her interview, so they won't have to look too heavily with discretion? I get the idea is to prevent her from becoming a public charge, but I know we'll be fine.

3) Probably the most complicated question of all three. I've seen that the gross income from your w2 (Tax Refund) is used to determine your Financial situation. Is it possible to use your final check stub of the year? My reason behind this is; according to my employer, the Gross amount of money paid out to me will actually be OVER 125% of the poverty guidelines; however, it's after taxes that it would be cut just short of the 125, but still well over 100%. Can I use this information? Or am I stuck with using the Tax Return information only?

I would really appreciate it if someone could shed some light on these questions. I plan on making a timeline and marking the important points in our love story for the overall support of this website and praise to this community.

My Fiance is from Greece; she's my Greek Goddess and we've been in love for 3 years. Yes, we've visit each other every year; but we've finally decided that we no longer want to live so far apart. We want to spend our lives together and happily ever after. (If that's not too corny.)

Much regards,

Chris.


Consulate : Athens, Greece
I-129F Sent : 2017-01-07
I-129F NOA1 : 2017-01-17
I-129F NOA2 : 2017-04-26
NVC Received : 2017-05-04
Date Case # assigned : 2017-05-16
NVC Left : 2017-05-18
Consulate Received : 2017-05-22
Packet 3 Received : 2017-06-08
Packet 3 Sent : 2017-07-03
Packet 4 Received : 2017-07-11
Interview Date : 2017-08-10
Interview Result : Approved
Visa Received : 2017-08-16
US Entry : 2017-09-24

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Hello everyone.

First off, let me go ahead and say that it is awesome that a community like this exists; supporting each other in the constant pursuit of happiness, and helping each other get over the hurdles and confusion caused by legal immigration. My name is Chris and I'm from Myrtle Beach, South Carolina; yep, you guessed it, I'm new here. I could really use some help on a few topics just to make sure I can be put in the right direction. Yes, I understand that advice given isn't always 'the right thing' unless given from an accredited lawyer; however, I just need a basic idea of things so I won't feel so.. In the dark. Let's get cracking..

1) I plan to file for the K1 visa for my Fiance. While trying to do some research over the web, I'm seeing a lot of sources that says the U.S. Citizen/Petitioner should annually make above 100% of poverty guidelines. Others say 125% if you also plan to get a 'Green Card'. I make well over 100% of the poverty guidelines, just a bit short of 125% (After taxes). Would I still need a joint/Co-sponsor? (I already have one willing to cooperate if that's the case.)

2) The situation that I'm in is rather frustrating. I know by the end of this year I stated I will make well over 100% of the Poverty Guidelines; yet, I obtained two whole raises prior to the end of this year, plus another expected sometime in March, and October next year. Which would mean in 2017 (I plan to file in January after the holidays) My earnings would add up to be over 125%. Is there any way I could explain this to the U.S. Embassy/Consulate where my Fiance must undergo her interview, so they won't have to look too heavily with discretion? I get the idea is to prevent her from becoming a public charge, but I know we'll be fine.

3) Probably the most complicated question of all three. I've seen that the gross income from your w2 (Tax Refund) is used to determine your Financial situation. Is it possible to use your final check stub of the year? My reason behind this is; according to my employer, the Gross amount of money paid out to me will actually be OVER 125% of the poverty guidelines; however, it's after taxes that it would be cut just short of the 125, but still well over 100%. Can I use this information? Or am I stuck with using the Tax Return information only?

I would really appreciate it if someone could shed some light on these questions. I plan on making a timeline and marking the important points in our love story for the overall support of this website and praise to this community.

My Fiance is from Greece; she's my Greek Goddess and we've been in love for 3 years. Yes, we've visit each other every year; but we've finally decided that we no longer want to live so far apart. We want to spend our lives together and happily ever after. (If that's not too corny.)

Much regards,

Chris.

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Chris,

1. You will have to have 125% the poverty guidelines based on the amount of dependents including yourself and Fiance' (2). If you are active military it is 100%. see https://www.uscis.gov/i-864p.

This is adjusted gross income AGI (taxable) and not gross income and it will be based on a average of 3 years. So in prior years you made less than, it is best to get a additional sponsor.

2. 3 year average See form I-864 Section 19 https://www.uscis.gov/sites/default/files/files/form/i-864.pdf

3. have to use 3 years W-2 and Tax forms/transcript if you need a tax transcript go to https://www.irs.gov/individuals/get-transcript

Sincerely

John

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If it's only you and her in your household (once she arrives) and if you earn more than $20,025 before taxes you'll be fine.


K-1: 12-22-2015 - 09-07-2016 (260 days)

AP: 12-20-2016 - 04-07-2017 (108 days)

EAD: 01-18-2017 - 05-30-2017 (132 days)

AOS: 12-20-2016 - 07-26-2017 (217 days)

 

ROC: 04-19-2019 earliest filing date

 

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Chris,

1. You will have to have 125% the poverty guidelines based on the amount of dependents including yourself and Fiance' (2). If you are active military it is 100%. see https://www.uscis.gov/i-864p.

This is adjusted gross income AGI (taxable) and not gross income and it will be based on a average of 3 years. So in prior years you made less than, it is best to get a additional sponsor.

2. 3 year average See form I-864 Section 19 https://www.uscis.gov/sites/default/files/files/form/i-864.pdf

3. have to use 3 years W-2 and Tax forms/transcript if you need a tax transcript go to https://www.irs.gov/individuals/get-transcript

Sincerely

John

Ah okay, I figured the 125% may have been the expected figure. I informed a trusted family member and they agreed to help. Thanks for clarifying that information so far. My average of 3 years wouldn't be acceptable. I suppose the idea of them only viewing the most recent Tax information was just ludicrous info spouted.

Forgive my ignorance for this is the first time I've actually seen the newly updated pdf file. But i don't see in the I-864 (or could find a section 19 for that matter) where it states that 3 years of w-2 is required.

I appreciate your quick answer. I never thought anyone would jump on so fast.


Consulate : Athens, Greece
I-129F Sent : 2017-01-07
I-129F NOA1 : 2017-01-17
I-129F NOA2 : 2017-04-26
NVC Received : 2017-05-04
Date Case # assigned : 2017-05-16
NVC Left : 2017-05-18
Consulate Received : 2017-05-22
Packet 3 Received : 2017-06-08
Packet 3 Sent : 2017-07-03
Packet 4 Received : 2017-07-11
Interview Date : 2017-08-10
Interview Result : Approved
Visa Received : 2017-08-16
US Entry : 2017-09-24

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If it's only you and her in your household (once she arrives) and if you earn more than $20,025 before taxes you'll be fine.

When I say /Before Taxes/ I mean the allotted amount of money acquired on the year to date figure on a check stub. That I know will be more than 20,025. (Just by a little) The Federal Taxable Wages portion says it's a bit below that. I just don't want to write down the wrong thing, not use my Joint-sponsor, and waste valuable time I could be using to build life with the Greek Goddess. Lol .

Thank you for your quick reply.


Consulate : Athens, Greece
I-129F Sent : 2017-01-07
I-129F NOA1 : 2017-01-17
I-129F NOA2 : 2017-04-26
NVC Received : 2017-05-04
Date Case # assigned : 2017-05-16
NVC Left : 2017-05-18
Consulate Received : 2017-05-22
Packet 3 Received : 2017-06-08
Packet 3 Sent : 2017-07-03
Packet 4 Received : 2017-07-11
Interview Date : 2017-08-10
Interview Result : Approved
Visa Received : 2017-08-16
US Entry : 2017-09-24

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It is my understanding that you go by your gross income, not after taxes. You can also submit a letter from your current employer stating your annual salary/income. It must be on company letterhead and include their address and phone number.

Sounds a little complicated. I ask this out of the sheer request of having ignorance alleviated; I obviously would need to consult my store manager in order to obtain this letter, correct?

Man, all of this is just a complete eye opener. I never believed immigration the legal way was easy, but oh man.


Consulate : Athens, Greece
I-129F Sent : 2017-01-07
I-129F NOA1 : 2017-01-17
I-129F NOA2 : 2017-04-26
NVC Received : 2017-05-04
Date Case # assigned : 2017-05-16
NVC Left : 2017-05-18
Consulate Received : 2017-05-22
Packet 3 Received : 2017-06-08
Packet 3 Sent : 2017-07-03
Packet 4 Received : 2017-07-11
Interview Date : 2017-08-10
Interview Result : Approved
Visa Received : 2017-08-16
US Entry : 2017-09-24

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Ah okay, I figured the 125% may have been the expected figure. I informed a trusted family member and they agreed to help. Thanks for clarifying that information so far. My average of 3 years wouldn't be acceptable. I suppose the idea of them only viewing the most recent Tax information was just ludicrous info spouted.

Forgive my ignorance for this is the first time I've actually seen the newly updated pdf file. But i don't see in the I-864 (or could find a section 19 for that matter) where it states that 3 years of w-2 is required.

I appreciate your quick answer. I never thought anyone would jump on so fast.

Chris,

See attached I-864 page 6 "My total income (adjusted gross income on Internal Revenue Service (IRS) Form 1040EZ) as reported on my Federal income tax returns for the most recent three years was:"

and I-864 instructions pages 6-8

You can get a employer letter for this year or even next if you file after January. The instructions for this are pretty clear.

Just FYI, this is a nerve raking journey you are about to take. It is a lot more simple than it seems but the steps are very precise with no room for error. I have used RapidVisa.com, granted it will cost you a little, but they have all the answers and staff ready for you. They also have a very friendly interface that fills all the documents out for you and all you have to do is sign. Instead of submitting documents to the USCIS or NVC later you send to them. The organize, bind, and review before forwarding to the government. I give them 5 stars right now.

i-864 (1).pdf

i-864instr.pdf

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Chris,

See attached I-864 page 6 "My total income (adjusted gross income on Internal Revenue Service (IRS) Form 1040EZ) as reported on my Federal income tax returns for the most recent three years was:"

and I-864 instructions pages 6-8

You can get a employer letter for this year or even next if you file after January. The instructions for this are pretty clear.

Just FYI, this is a nerve raking journey you are about to take. It is a lot more simple than it seems but the steps are very precise with no room for error. I have used RapidVisa.com, granted it will cost you a little, but they have all the answers and staff ready for you. They also have a very friendly interface that fills all the documents out for you and all you have to do is sign. Instead of submitting documents to the USCIS or NVC later you send to them. The organize, bind, and review before forwarding to the government. I give them 5 stars right now.

Okay, I see that now. Thanks for pointing it out for me. You're right, this is a nerve racking experience and I haven't even started it yet; however, I will go through it for the one I love.

I looked up Rapid Visa, and for 375, they do quite a bit. I think I may take that route for I don't trust myself with all of this paperwork. Thanks for the advice,


Consulate : Athens, Greece
I-129F Sent : 2017-01-07
I-129F NOA1 : 2017-01-17
I-129F NOA2 : 2017-04-26
NVC Received : 2017-05-04
Date Case # assigned : 2017-05-16
NVC Left : 2017-05-18
Consulate Received : 2017-05-22
Packet 3 Received : 2017-06-08
Packet 3 Sent : 2017-07-03
Packet 4 Received : 2017-07-11
Interview Date : 2017-08-10
Interview Result : Approved
Visa Received : 2017-08-16
US Entry : 2017-09-24

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Need to clear up some misinformation in this thread.

Your current annual income is not based on your AGI, and certainly not on an average of the AGI for the past 3 years. It states that nowhere in the I-864 instructions. On the I-864, the current annual income and the Total Income(AGI only if you used 1040EZ form) are two separate sections/things. You will need to know all of this down the road, after you are married, filing for AOS and needing to provide an I-864. For the K-1 visa interview, you need the I-134.

Current annual income is gross income. You will provide a complete copy of your most recent return or an IRS transcript, AND proof of your current income via letter from employer and/or recent pay stubs. This will be true for the I-134 and the I-864.

Current annual income is not past income It is not how much you made so far in the year, or even how much you earned in a specific year. It is just how much you currently earn at the time you fill out the affidavit of support, based on your pay rate and amount of hours worked for the length of a year's time.

Your current annual income can be figured out by multiplying how much you currently earn per hour times how many hours worked per week, then the weekly amount times 52. For example, if you make $10 an hour and work full time at 40 hours per week, then you make $20,800 annually.

You do not need the I-134 and supporting financial documents with the I-129F petition. You will not need those until it is time for the K-1 visa interview. If you are not even filing until next month, you definitely have a few months until you will need to provide it. You will probably have already filed your 2016 taxes by then.

Edited by KayDeeCee

Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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1) I plan to file for the K1 visa for my Fiance. While trying to do some research over the web, I'm seeing a lot of sources that says the U.S. Citizen/Petitioner should annually make above 100% of poverty guidelines. Others say 125% if you also plan to get a 'Green Card'. I make well over 100% of the poverty guidelines, just a bit short of 125% (After taxes). Would I still need a joint/Co-sponsor? (I already have one willing to cooperate if that's the case.)

You only have to meet the 100% for the K1 visa but you will need to meet the 125% for the AOS. If you do not meet the 125% when applying for the AOS I believe you will need a co-sponsor

2) The situation that I'm in is rather frustrating. I know by the end of this year I stated I will make well over 100% of the Poverty Guidelines; yet, I obtained two whole raises prior to the end of this year, plus another expected sometime in March, and October next year. Which would mean in 2017 (I plan to file in January after the holidays) My earnings would add up to be over 125%. Is there any way I could explain this to the U.S. Embassy/Consulate where my Fiance must undergo her interview, so they won't have to look too heavily with discretion? I get the idea is to prevent her from becoming a public charge, but I know we'll be fine.

You only need to meet the 100% for the K1 and i would say if you are not filing until January then you will already be meeting the criteria, I would see what your situation is financially when it comes to the AOS. If you need a co-sponsor then use one, If you don't then sponsor yourself. The I-134 is not required until the interview which is possible a few months away yet

3) Probably the most complicated question of all three. I've seen that the gross income from your w2 (Tax Refund) is used to determine your Financial situation. Is it possible to use your final check stub of the year? My reason behind this is; according to my employer, the Gross amount of money paid out to me will actually be OVER 125% of the poverty guidelines; however, it's after taxes that it would be cut just short of the 125, but still well over 100%. Can I use this information? Or am I stuck with using the Tax Return information only?

I believe your earnings are based on pay before tax and not after. Its hard to do but try not to make it too complicated for yourself. It is stressful as i'm sure most people on here would agree but we do cause a lot of the stress ourselves by worrying about it. Your latest tax return I believe can be under the limit of 100-125% for the K1 (my fiance's was as she was a student worker). I supplied one of her tax returns that showed she earned way under the amount she needed to when she filed her taxes last however I provided a letter from her employer and 6 pay stubs (weekly)

I would really appreciate it if someone could shed some light on these questions. I plan on making a timeline and marking the important points in our love story for the overall support of this website and praise to this community.

My Fiance is from Greece; she's my Greek Goddess and we've been in love for 3 years. Yes, we've visit each other every year; but we've finally decided that we no longer want to live so far apart. We want to spend our lives together and happily ever after. (If that's not too corny.)

I know these could all be different depending on the country the beneficiary is from however they are all processed by the same people (Americans behind the window at the Embassy)

They move to different countries every month or so i believe so I am sure the same rules apply to everyone applying. I just know some countries are classed as high risk where it may make them ask for proof of relationship or more evidence but i think financially it is all the same.

Good luck and let us know how you get on!

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1) I plan to file for the K1 visa for my Fiance. While trying to do some research over the web, I'm seeing a lot of sources that says the U.S. Citizen/Petitioner should annually make above 100% of poverty guidelines. Others say 125% if you also plan to get a 'Green Card'. I make well over 100% of the poverty guidelines, just a bit short of 125% (After taxes). Would I still need a joint/Co-sponsor? (I already have one willing to cooperate if that's the case.)

You only have to meet the 100% for the K1 visa but you will need to meet the 125% for the AOS. If you do not meet the 125% when applying for the AOS I believe you will need a co-sponsor

2) The situation that I'm in is rather frustrating. I know by the end of this year I stated I will make well over 100% of the Poverty Guidelines; yet, I obtained two whole raises prior to the end of this year, plus another expected sometime in March, and October next year. Which would mean in 2017 (I plan to file in January after the holidays) My earnings would add up to be over 125%. Is there any way I could explain this to the U.S. Embassy/Consulate where my Fiance must undergo her interview, so they won't have to look too heavily with discretion? I get the idea is to prevent her from becoming a public charge, but I know we'll be fine.

You only need to meet the 100% for the K1 and i would say if you are not filing until January then you will already be meeting the criteria, I would see what your situation is financially when it comes to the AOS. If you need a co-sponsor then use one, If you don't then sponsor yourself. The I-134 is not required until the interview which is possible a few months away yet

3) Probably the most complicated question of all three. I've seen that the gross income from your w2 (Tax Refund) is used to determine your Financial situation. Is it possible to use your final check stub of the year? My reason behind this is; according to my employer, the Gross amount of money paid out to me will actually be OVER 125% of the poverty guidelines; however, it's after taxes that it would be cut just short of the 125, but still well over 100%. Can I use this information? Or am I stuck with using the Tax Return information only?

I believe your earnings are based on pay before tax and not after. Its hard to do but try not to make it too complicated for yourself. It is stressful as i'm sure most people on here would agree but we do cause a lot of the stress ourselves by worrying about it. Your latest tax return I believe can be under the limit of 100-125% for the K1 (my fiance's was as she was a student worker). I supplied one of her tax returns that showed she earned way under the amount she needed to when she filed her taxes last however I provided a letter from her employer and 6 pay stubs (weekly)

I would really appreciate it if someone could shed some light on these questions. I plan on making a timeline and marking the important points in our love story for the overall support of this website and praise to this community.

My Fiance is from Greece; she's my Greek Goddess and we've been in love for 3 years. Yes, we've visit each other every year; but we've finally decided that we no longer want to live so far apart. We want to spend our lives together and happily ever after. (If that's not too corny.)

I know these could all be different depending on the country the beneficiary is from however they are all processed by the same people (Americans behind the window at the Embassy)

They move to different countries every month or so i believe so I am sure the same rules apply to everyone applying. I just know some countries are classed as high risk where it may make them ask for proof of relationship or more evidence but i think financially it is all the same.

Good luck and let us know how you get on!

Thank you for your input. I really appreciate it.

I've noticed that I haven't seen anyone really post about experiences of success when making less than 125% of poverty guidelines and using a topic.

Not that I've seen denials, but just a lack of the subject in general. I plan on changing that so at least if I mess up, others can learn from my mistake.

Really hoping I don't mess up, though.


Consulate : Athens, Greece
I-129F Sent : 2017-01-07
I-129F NOA1 : 2017-01-17
I-129F NOA2 : 2017-04-26
NVC Received : 2017-05-04
Date Case # assigned : 2017-05-16
NVC Left : 2017-05-18
Consulate Received : 2017-05-22
Packet 3 Received : 2017-06-08
Packet 3 Sent : 2017-07-03
Packet 4 Received : 2017-07-11
Interview Date : 2017-08-10
Interview Result : Approved
Visa Received : 2017-08-16
US Entry : 2017-09-24

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You're right, there is a lack of information when it comes to this... The one thing a lot of people do is jump straight to the conclusion that you require a co-sponsor however this is not the case.

So long as you are earning enough now to take you to the 100% poverty guideline and have proof of your income ie. Letter from employer and pay stubs, you should be fine.

When they asked me for her tax return i explained that at the time of filing taxes she would have been well under that 100% as she was at Uni and working part time at the Uni itself. He still wanted the tax return and just asked if she was above it now to which i advised she was and here was her letter from employer and pay stubs to prove that fact.

Also the reason people quite rightly say about the 125% is because this is what you need for the adjustment of status so it makes it easier when applying for that. I have heard (but cannot speak from experience yet) that they are more strict when it comes to things like tax returns. It says you need to provide so many like 3 i think but some people do not have this so there must be another process at that point, as to whether they have used co-sponsors or still just go ahead with it on their own and explained they do not have them i am not so sure.

Maybe someone else on here will have had a lower income at the time of AOS or even where their tax returns have been lower than the required amount (that person at this point would be greatly appreciated by me and you i think)

You won't mess up, Keep faith that you will manage it. You earn enough for the K1 visa either way if you're above that 100% guideline :)

Just remember this can be a long process and show some challenges so my advice would be focus on this part first. Once your fiance joins you in the US then you can work out what is the best option for you at that time be it sponsoring yourself or using a co-sponsor

:)

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Need to clear up some misinformation in this thread.

Your current annual income is not based on your AGI, and certainly not on an average of the AGI for the past 3 years. It states that nowhere in the I-864 instructions. On the I-864, the current annual income and the Total Income(AGI only if you used 1040EZ form) are two separate sections/things. You will need to know all of this down the road, after you are married, filing for AOS and needing to provide an I-864. For the K-1 visa interview, you need the I-134.

Current annual income is gross income. You will provide a complete copy of your most recent return or an IRS transcript, AND proof of your current income via letter from employer and/or recent pay stubs. This will be true for the I-134 and the I-864.

Current annual income is not past income It is not how much you made so far in the year, or even how much you earned in a specific year. It is just how much you currently earn at the time you fill out the affidavit of support, based on your pay rate and amount of hours worked for the length of a year's time.

Your current annual income can be figured out by multiplying how much you currently earn per hour times how many hours worked per week, then the weekly amount times 52. For example, if you make $10 an hour and work full time at 40 hours per week, then you make $20,800 annually.

You do not need the I-134 and supporting financial documents with the I-129F petition. You will not need those until it is time for the K-1 visa interview. If you are not even filing until next month, you definitely have a few months until you will need to provide it. You will probably have already filed your 2016 taxes by then.

^^^THIS!!!^^^ (Thanks KayDeeCee!)


Mahalo/Salamat!

Steve and Joan
Met on Facebook 2/24/12
Met in person 6/5/12
Second visit 10/2/12
Engaged 10/3/12
NOA10/15/12
Third visit 12/10/12
Joan got her passport! 2/20/13
NOA2 4/24/13
Fourth visit 5/28/13
CFO 5/30/13
Embassy Interview APPROVED 6/6/13

Joan passed through immigration in Hawaii! She's home! 6/13/13

MARRIED 8/24/13

AOS, EAD and AP petitions sent to Chicago via Express Mail

EAD/AP Received 11/13/13

AOS Interview APPROVED 11/26/13

2-year Green Card in hand 12/5/13

ROC (I-751) sent to CSC via USPS Express Mail 8/31/15

ROC check cashed 9/4/15

ROC Biometrics 10/1/15

ROC Approval 4/6/16 (waiting for actual card)

Permanent Green Card Arrived 4/14/16
Naturalization Interview 2/22/17 APPROVED!

Oath Ceremony 3/21/17--Joan is a US Citizen!

Kayak small lagoon crop 10 72 for VJ.jpg

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