Haarp425

Reprint it from your computer if you have saved it before printing.

I am a current H1B visa holder. I was a student here on J1, than F1, than i applyed and worked for one year on OPT. than i was Emplyed by a company that has applyed for me for H1B. during this process from OPT to H1B, i was issued a new I-94, so now i have 2, one that i got when i got in during my F1 visa in CIN, and the new one that i got with my new job.

Me and my wife are about to apply for I-130 and change of status for me based on marrage. We got married in November, but she got transfered to a new job in another state, so we have to apply for change of status and make it easier for me to move with her and get a job there.

During the work on the paperwork, they ask for I-94 info, well i have 2 of them, which one do i use? and if i use the new one, what is my point of entry? since CIN was the point of entry of the old one, and the new one i just from the lawyers.

thank you for all your help.

p.s. what is A #, i have been looking for such # and have not been able to find it anywhere in my paperwork

Port of Entry is where you entered the USA and inspected. A# is your Alien Number. It consists of A then 9 digits. If only 8 digits showing on USCIS document, just add 0 in front of it. ie A012345678.

Use paperclips. Do not bend the application forms if possible. Use the USPS big envelope which it says "Flat Rate" to put your stuff together and pay extra for delivery confirmation tracking.

Ok first of all dont speak down to me like I'm some ignorant uneducated person ,ok. For your imformation I submitted my petition back in September and did it all my lonely self and I have yet to receive and RFE. I was simply asking asking on USCIS.GOV it says "I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN". That is why I asked because it says Fiance in there.

So please don't come on my posting being rude and trying to treat me like I'm an idiot.

Come on children behave. If your fiancee came here in the USA with a K-1 visa, she can file for AOS without needing the I-130 (extra pay). As long as she files for AOS within the 90 days validity of the I-94, she does not need to file I-130.

She can obtain SSN Card though but it will show "VALID FOR WORK ONLY WITH DHS AUTHORIZATION". Basically the SSN Card can not be used for work without EAD. "VALID FOR WORK ONLY WITH DHS AUTHORIZATION" will be removed from the SSN Card once the GC is granted.

The IO knows that you were out of status between the expiration of I-94 and filing for AOS.

You are fine. You did not get any deportation order or anything.

At this time, you would need an Immigration Lawyer to represent your wife to the deportation hearing on May 2011.

Find a good lawyer and check those lawyer that they recommend.

IHMO, talk to a lawyer and make sure that you feel comfortable with the lawyer and ask question and see how they treat you.

Ask your lawyer what is their strategy is going to be. Try to find out from your lawyer if they know what they are doing and see if they are willing to talk to you about their strategy. Some lawyers care for their clients and some don't. There are some members here in VJ that were taken advantage by lawyers.

You and lawyer can appeal the I-485 denial. Since she is going for the deportation hearing, your lawyer can request the immigration judge to get your wife's GC instead during her deportation hearing if she has an approved I-130 and then request to close the deportation order. Anyway, your immigration lawyer will tell you your strategy.

Haarp425, and is that A# different than the one that you have one NOA2?

The A# are all the same on NOA2, her VISA, and her I-94.

What i am wondering is my A# is the same except on my noa2 it is A#08788xxxx but written on my I-94 it is A#8788xxxx

so my question is should i include the 0 or not? are both numbers acceptable

They are the same. I would include 0 in front of it if it is only 8 digit. However, if you did not put 0 then USCIS will still know that there is a 0 for an 8 digit number written by the applicant.

I would go by NOA2.

On my wife K-1 visa, it does not show her A# but my A# as the petioner instead. However, on the back of her I-94 it shows her A#.

Refrain from using personal identifying information. You can substitute it with xxx or different number instead.

I think the Red Ink on the Visa is your actual Visa Number.

Correction: I re-read again my wife's K-1 visa, it does show her A# instead below my name. It also show her A# on the I-94. However, the Red Ink on the VISA is her VISA Number.

Hello! I have a question related to alien number. On the NOA2 we got from CSC the alien number is A027287630. However, on the visa page from my passport and I-94 form attached to my passport there is an A number A87-886-550. Which one is my alien number then? I'm pretty much confused! I really appreciate any help about this! Thank you!

I would go by NOA2.

On my wife K-1 visa, it does not show her A# but my A# as the petioner instead. However, on the back of her I-94 it shows her A#.

Refrain from using personal identifying information. You can substitute it with xxx or different number instead.

Alien number is printed on the Visa with red ink. Also they write it at the back of I-94 at the POE.

I think the Red Ink on the Visa is your actual Visa Number.

I would assume you came here as H4 dependent visa with expiration date probably on the 21st bday. What year did your parents become GC holder? If your parents filed an I-485 for their children, when did they file? When an I-485 was filed on our behalf, you will not accumulate "unlawful status" due to pending application.

Again, if you were on H4 visa, it would have expired on your 21st bday and starts accumulating days of overstay. Could you elaborate as to the reason why the application was denied due "work gap"?

Undocumented alien (an alien who was NOT inspected) is illegal alien.

Documented alien (an alien who was inspected) can be legal alien if he/she did not overstay.

Documented alien can become an illegal alien if he/she overstayed.

From USCIS

An alien in and admitted to the United States subject to any grounds of removal specified in the Immigration and Nationality Act. This includes any alien illegally in the United States, regardless of whether the alien entered the country by fraud or misrepresentation or entered legally but subsequently violated the terms of his or her nonimmigrant classification or status.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a097136d2035f010VgnVCM1000000ecd190aRCRD&vgnextchannel=b328194d3e88d010VgnVCM10000048f3d6a1RCRD

Do I need to file and I-130 if I came on K1 visa?

No, If you AOS within 90 days of your I-94 validity.

If you have not AOS within 90 days of your I-94 validity, your will have to include I-130 in addition to the I-485.

When filing this years tax return, I put (single) as my status.My wife doesn't have a social, and at the time, we thought it was required to file jointly.Only to find out too late that we could have applied for an ITIN.I am going to amend it,but IRS takes 8-12 wks to amend. Questions are, should I go ahead and send the one I have(single) with the preceding years,or send the preceding two years and W-2 with pay stubs in place of the (single) one, with an explanation as to why I didnt send in this years?

I'd rather not wait two more months to start the process. Please help. Thanks

Just want to clarify. You were married on tax year 2010 right?

Enter info on Part 1

Select Part 2.D

Enter date and length of trip on Part 3.1 and Part 3.2

Answer Part 3.3

Since this is Advance Parole Document, skip Part 3.4 - Part 3.5 and go to Part 7

Also, you need to create a letter for the advance parole document and print it. Sample letter below.

<Today's Date>

USCIS

P.O. Box xxxxx

City, State Zip

RE: A-<alien number>

Application For Advance Parole

Dear Sir/Madam:

The purpose of this letter is to request an advance parole document. I anticipate that I will be required to travel abroad for personal reasons to <insert home country> and elsewhere. I will return to the United States to pursue my adjustment of status application. For this reason, I respectfully request that you grant my request an advance parole valid for multiple entries for as long as possible under your current guidelines.

Thank you for your kind consideration of this application.

Sincerely,

<Your name>

Just in case you have to leave the USA regarding family matters. You never know.

contrary to everyone else's statement, the correct answer is: Legal alien ALLOWED to work. With or without EAD. The K1 is work authorised for SSA purposes. It's in their rules here: http://www.fosterquan.com/content/documents/govt_websites/SSEmploymentAuthorizationNonimmigrants.pdf (sorry the SSA link isn't working but this is the same rule). Read bottom of page 5, section C where it says "1. Aliens Work Authorized Without Specific DHS Authorization" and you'll see K1 listed on page 8.

If you're worried you can wait till you get to the SSA and they'll tick that box anyway.

That's what we selected as well. Legal alien ALLOWED to work.

Again, I want to thank everyone for their very helpful information I have been given the last few days and months. If I could turn the clock back, I would have filed somehow within the 90 days but thats in the past and I have to move foreward.

I will certainly not be taking a chance by leaving the US until I get my greencard(if approved)

One more question I do have. Do I have to have the greencard physically in my hard to leave the US or is the approved letter sufficient?

You should wait until you have the GC in your hand and verify the name and DOB is correct before using it to come back to the USA.

I would go and make an info pass ASAP.

MY wife and kids came over here in February on a K1 visa. Tried several times to get a ssi card and was told no 5 times, couldn't understand why, I stopped by again after we had marriage certificate was told we need a green card. My question is whats the fastest way to be able to legally work ?

My family doctor is the only Civil surgeon in my area. He's trying to tell me my wife needs a physical, well according to instructions of I-693, if entered on a K1, the civil surgeon needs to translate the immunizations only.. Maybe I'm wrong but he wants her to have a TB test, HIV,and Syphilis test, would been done already in the HCM hospital in Vietnam. He wants to charge me 650 to 1300 dollars per person. Is that reasonable? My private insurance covers all these test but he will not accept it because he considers it the immigration physical. I made an appointment with another doctor to run the test's and the rest of the immunizations.

Is there any self help manuals that can help me get through the Aos? I'm not paperwork savvy nor have alot of time.

Thanks Rich.

I agree to find another Civil Surgeon. They might test you for TB with a small injection on the arm and result is available after 48 hours. Second shot of MMR might be required also.

With regards to SSN card, as long as she still has 14 days left on her I-94, she can get SSN card. Please see my post regarding K-1 visa holder who just married in the USA after arriving in the USA and obtaining SSN card. http://www.visajourney.com/forums/topic/296376-eligibility-to-be-assigned-a-social-security-number/

There is no term called "unlawful presence" that is some #######!

I hope you have NOT giving these INCORRECT information to other individuals. Here's one excerpt from the document below that will be helpful to you regarding "unlawful presence". I hope the link in the document below will give you understanding regarding "unlawful presence".

For purposes of section 212(a)(9)(B)(ii) of the Immigration and Nationality Act an alien is “unlawfully present” in the United States after the expiration of the period of stay authorized by the Attorney General. The period of stay authorized by the Attorney General normally expires upon the expiration of the alien’s Form I-94 (arrival/departure record).

http://www.uscis.gov/uscis-ext-templating/uscis/jspoverride/uscisSearchOverrideRedirect.jsp?oid=e59101c2c2b28210VgnVCM100000082ca60aRCRD

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=5d82f98dc8df3110VgnVCM1000004718190aRCRD&vgnextchannel=5d82f98dc8df3110VgnVCM1000004718190aRCRD

There is no penalty for filing after 90 days, or after the I-94 expires.

Please do NOT give this incorrect information to other people that there is NO penalty filing for AOS after 90 days authorized stay. If you give bad advice to other individual to wait 2 years after the expiration of the I-94 and file for AOS, those individual are Unlawful Present in the USA and if they happen to be involved in some type of vehicle incident and asked by an LEO, more than likely that individual will be referred to ICE.

We have to be careful when we pass out information that we are not sure is correct.

YES, I agree you must be careful to pass out INCORRECT information.

Apply for SSN card 10 days after arriving in the USA.

Just show the SSA local staff the passport showing the K-1 visa and the I-94.

Once you the SSN card is received, then you can apply for marriage license and get married.

Go back to the SSA local office with the certified marriage certificate for name change on the SSN card.

RM 10213.305 Procedure when an SSN Applicant Files for an SSN within 10 Days of Arriving in the U.S or Having a Change in Status:

http://policy.ssa.gov/poms.nsf/lnx/0110213305

I suggest the next step would be to wait 10 days after arriving in the USA and go to the SSA local office and get your SSN card. You don't have to wait 10 days though but different SSA office might not know the new procedure. With different SSA local office interpreting the K1 visa holder and getting married, some SSA local office are denying the applicant for SSN card. To avoid SSA local office confusion regarding married K-1 visa holders, wait 10 days after arriving in the USA and apply for the SSN card.

RM 10213.305 Procedure when an SSN Applicant Files for an SSN within 10 Days of Arriving in the U.S or being Granted a New Status

https://secure.ssa.gov/apps10/poms.nsf/lnx/0110213305

Hey guys,

i just called the ssn office(the worst place to call, worst than banks as you are on hold for more than 30 min) and the lady told me my information has not been verified yet, and it can take up to 6 weeks, but on the letter they gave me from ssn office with my reference number on it it said it takes up to 4 weeks.

I'm startig to stress out as my hubby needs to file taxes by next month, and he can not do it unless i have my ssn.(he could but we would loose money)

So...my question is...should i wait another week or two? it's not like i have much choice, right?

tx again

When did you visit SSA local office to apply for SSN card? Usually, it will take 2-3 days to get a decision letter from your local SSA office and usually a week later you will get your SSN card if it was approved.