US Immigration from Brazil

Hi -

I included the following in the ROC package to USCIS:

1. Complete and signed i-751 form

2. Signed and notarized affidavit from my Aunt stating our family has been living in her house (we do not have to pay rent and there is no signed contract)

3. Signed and notarized affidavits from my mom, dad, and younger brother attesting to know us, our marriage, and that it is real.

4. All bank statements from all 3 of our joint bank accounts.

5. Photocopy of wife's current green card, front and back sides.

6. Photocopy of our son's birth certificate, front and back sides.

7. Joint tax returns with both our names for 2020 and 2021

8. I THINK I included proof of 2022 and 2023 Health Insurance plans with both our names as well as our son's name, but I may have forgotten to include it as well because my wife found the copies at home after I sent the package :/

Anyway....I didn't include any photos and we don't have any joint mortgages, car loans, utility bill payments with both our names, and as stated I may have forgotten to include proof of our health insurance.

We received the NOA1 and the check to DHS has been cashed. Is a lack of health insurance proof, photos, or those other financial things going to be a big hindrance???

Hi -

My wife's ROC package has been delivered to the Carol Streams, IL USCIS dropbox since this past Friday around 6 am, and no one has come to pick it up.

There were a ton of papers so I had to use a box to send it all.

Is it normal to take this long for them to pick up a package or is something wrong? Pretty sure this was the right place to send it because we live in Ohio.

Thank you!

Hi y'all, got an RFE for my spouse's I-864 "because it has one or more deficiencies." I'm filling out the new one and realized that because we filed the I-485/I-864 in 2022, and the RFE came in 2023, I may have to now file my 2022 taxes before I can do anything with this, because there's now a new year included in "the last three tax years." So... do I need to do my 2022 taxes first? My 2022 taxes are going to suck because one of my previous employers doesn't want to send me my W-2 and I'm going to have to fight them over it lol, which is the only reason I'm not just doing my 2022 taxes right now to be safe... I CAN'T do them yet. :')

Hi

I read this WARNING here and am trying to make sense of the i30 process:

"If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US."

https://www.visajourney.com/guides/i130-spouse-inside-usa/

I am a native US citizen, and recently married a foreign national who came here in 2018 on a Tourist visa, then soon thereafter converted that to a F1 student visa, which is valid through September 2023. We met with an immigration lawyer who mentioned nothing about the need to return home abroad.

We have all the evidence and supporting documents and are just about ready to file, but these kinds of warnings are troubling. The fact is, she CAN'T return home abroad without a "permission to travel" - which is ONLY granted once an i30 has been submitted (F1 stduents cannot leave the US if their change of status was obtained in the US. They can only travel freely if their F1 was obtained in their home country) . So, what the heck?

Any advice is greatly appreciated!

Hey community,

I have a tricky situation that I would appreciate some input from you.

I currently live in the US on a J1 visa (I have the J1 waiver already), and have an approved I-140 for an EB2-NIW since August 2022. I was dq'ed by the NVC on October 2022 and am waiting for an interview at the consulate since then (Rio de Janeiro - Brazil).

My new employer wants to file an expedited H1B change of status (from J1 to H1B), and because they are cap exempt, they said that I could start working in around 20 days for the new company. I would have all the H1B paperwork, but wouldn't have a H1B visa stamp until I go to my country and get an actual consulate interview for the H1B. I accepted a job offer with them around November 20th 2022.

My question for you is: Should I go ahead with the H1B process, start working at the new company, and then when the EB2 interview comes I just go and get a green card?

Or is it best to just wait for the EB2 interview without getting a H1B?

Or even, should I just stay with a H1B and not get the EB2 visa at all?

Or doing any of these examples would jeopardize one or the other?

I really don't know what is the best option, but maybe someone has experience with this that could help me?

Thank you!