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Lainie B

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  1. Like
    Lainie B got a reaction from Nich-Nick in How long to receive NOA2 duplicate copy after filing I-824?   
    I have heard of people successfully using a screenshot of the online case status showing approval from uscis.gov if they cannot find the NOA2. You could try that and also include the email.
    To obtain a second copy of the NOA2 costs some crazy amount of money. I don't know how long it takes.
  2. Like
    Lainie B got a reaction from Lilay in Confused about AOS, SSN, EAD and AP... Please help me figure out the order!   
    Your plan would work just fine. Though remember there is a difference between the marriage license and the marriage certificate. You apply for the marriage license before you get married. There are certain requirements to meet (depends on your location) and you will have a certain period to use it (again depends on your location). There may be a "cooling off" period - ie in some places you must apply for the license then wait a certain amount of time, then have the wedding. In other places (Las Vegas is famous for this) you can apply for the license and get married all on the same day.
    The marriage certificate is what proves you are married. In some places this is a separate document to the marriage license, in others is simply the marriage license that has been signed by all parties and witnesses. The original stays at the court - you get a certified copy. You should ask for several certified copies (there will probably be a fee for extra copies). In some states you can get the marriage certificate on the day of your wedding, in others you have to wait and get it days or weeks later. You might be able to get a copy sooner if you ask.
  3. Like
    Lainie B got a reaction from Lilay in Confused about AOS, SSN, EAD and AP... Please help me figure out the order!   
    The K-1 expires the moment you enter the country. The I-94 you will be granted gives you 90 days of authorised stay. You need to get married within that 90 days.
    You don't have to apply for AOS within that 90 days, but it is better if you can.
    Once you apply for AOS you will be in a new period of authorised stay.
    You should apply for your SSN before you get married. These days there is no need to wait for 2 weeks to apply. Apply as soon as you can.
    Not many places require an SSN to marry any more. There might still be a few. But most places will accept a passport in place of an SSN. However you should get your SSN before your wedding anyway, it will make your life easier.
    When you apply for AOS for your green card (through form I-485) you should also submit forms I-765 and I-131 for your EAD and AP. These will take 60-90 days and will allow you to work and travel outside the US while you wait for your green card. The green card itself can take up to a year. You may or may not have an AOS interview. Usually those who are interviewed get their green cards faster.
    Some people have a court wedding as soon as possible so they can get their marriage certificate and get started on the AOS, and then have their "big day" wedding later. You can do that if you want to be able to work sooner rather than later, but you don't have to.
  4. Like
    Lainie B reacted to KayDeeCee in K-1 : I-485 : I-130 : Married 2 years : Have child   
    You are wasting money because the I-130 is not required when adjusting from a K-1, even when married over 2 years. You will get the 10 year card if married more than 2 years at the time of the I-485 approval.
    No, that is not the case any longer. You do not need the I-130. If married longer than 2 years at the time of approval, then you receive a 10 year card. There was a BIA ruling back in 2011 that stated a K-1 is not subject to get a conditional card if they have been married over 2 years.
    See Matter of Sesay>
    (2) A fiancé(e) visa holder whose bona fide marriage to the fiancé(e) visa petitioner is more
    than 2 years old at the time the adjustment application is adjudicated is not subject to the
    provisions for conditional resident status under section 216 of the Act, 8 U.S.C. § 1186a
    (2006).
    http://www.justice.gov/eoir/vll/intdec/vol25/3707.pdf
  5. Like
    Lainie B got a reaction from KayDeeCee in K-1 : I-485 : I-130 : Married 2 years : Have child   
    You don't need to file the I-130 as she arrived on a K-1. Other than that, no there is no waiver on the fees. She will need to get a new medical since the one she had for the K-1 has expired.
  6. Like
    Lainie B got a reaction from hir0 in Health insurance/medical care for K1visa holders after they marry their U.S. fiance(e)   
    Not automatically, but he can submit the paperwork at his work to have you added to his insurance policy. Usually there is a 30-day period after a life-changing event (such as marriage) where individuals can be added. If you miss this window then you will need to wait until the next open enrollment period, which is usually December or January, but varies with insurance policies.
  7. Like
    Lainie B got a reaction from Ian H. in Health insurance/medical care for K1visa holders after they marry their U.S. fiance(e)   
    Not automatically, but he can submit the paperwork at his work to have you added to his insurance policy. Usually there is a 30-day period after a life-changing event (such as marriage) where individuals can be added. If you miss this window then you will need to wait until the next open enrollment period, which is usually December or January, but varies with insurance policies.
  8. Like
    Lainie B got a reaction from Ian H. in K-1 : I-485 : I-130 : Married 2 years : Have child   
    You don't need to file the I-130 as she arrived on a K-1. Other than that, no there is no waiver on the fees. She will need to get a new medical since the one she had for the K-1 has expired.
  9. Like
    Lainie B got a reaction from Ian H. in USC address for I-129f   
    It would be much easier just to use the Florida address from the start. A change of address during petition processing doesn't always work - USCIS often sends notifications to the old address. It doesn't matter what address is on his drivers license.
  10. Like
    Lainie B got a reaction from DaveStephChalm in CR1/IR1   
    Yes, if you want to get the 10-year green card instead of the 2-year one, it's the date of entry into the US on the immigrant visa that matters, not the date you submit the I-130. You should go ahead and file now, and just make sure your US entry date is after your 2-year wedding anniversary.
    See: http://travel.state.gov/content/visas/english/immigrate/types/family/immediate-relative.html#12under "What is conditional residence?"
  11. Like
    Lainie B got a reaction from Ryan H in CR1/IR1   
    Yes, if you want to get the 10-year green card instead of the 2-year one, it's the date of entry into the US on the immigrant visa that matters, not the date you submit the I-130. You should go ahead and file now, and just make sure your US entry date is after your 2-year wedding anniversary.
    See: http://travel.state.gov/content/visas/english/immigrate/types/family/immediate-relative.html#12under "What is conditional residence?"
  12. Like
    Lainie B got a reaction from Ryan H in CR1/IR1   
    No, it depends on the date you enter the US, not the date of filing the I-130. If they file the I-130 before their second anniversary, and then have their second anniversary in the meantime before he enters the US, he will be IR-1 and will receive the 10-year green card, not the 2-year green card. That's why I was asking. If they are holding out on filing the I-130 in order to get the 10-year green card, they are mistaken.
  13. Like
    Lainie B got a reaction from Ian H. in Supplement A to form I-485, Do I need to pay?   
    To adjust status for your wife will cost $420 for the I-130 plus $1070 for the I-485. You will file these concurrently. There are other costs such as a medical exam. See the guide: http://www.visajourney.com/content/i130guide2
    If your daughter is a US citizen she should have entered on a US passport, not the VWP.
  14. Like
    Lainie B got a reaction from KayDeeCee in locations query   
    You can find your ASC (where your biometrics will be) by entering your zipcode here:
    https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=ASC
  15. Like
    Lainie B got a reaction from Ian H. in Address Change When 485 is Pending   
    Yes once you do the address change online you should call USCIS and make sure the address has been updated in their system
  16. Like
    Lainie B reacted to AuroreJeremy in What to do if you already have a SSN   
    Hi!
    I already had a SSN too (I was an au pair on a J-1 for 2 years before). You keep your SSN, it's yours for life now! Once you get EAD/AP or GC (whichever comes first) you can go to the social security office to get your name changed (if you take your husband's last name) and to change the restrictions on it.
  17. Like
    Lainie B got a reaction from Ian H. in Fiance is finally here   
    Moving to "AOS from Family-based Visas" forum
    Follow this guide http://www.visajourney.com/content/k1k3aos
  18. Like
    Lainie B got a reaction from NikLR in K-1 vs K-3?   
    IR-1/CR-1 has now pretty much replaced the K-3
    People might choose K-1 over IR-1/CR-1 because the K-1 is usually much faster, or they may not be able to marry first (if the non-US citizen is unable to get a tourist visa for the US, for example). Or they might not want to spend time apart as a married couple.
    There are disadvantages to the K-1 (more expensive, and the non-US citizen does not automatically become a green card holder upon arrival in the US and must apply and wait before they can work in the US and travel outside the US.
  19. Like
    Lainie B got a reaction from Boiler in UK fiance visiting in 2 weeks/ Detroit POE   
    May 8 to August 8 is 92 days, meaning he overstayed on the VWP. Are you sure about those dates?
  20. Like
    Lainie B got a reaction from Jacque67 in Can I visit using ESTA?   
    Best to try ESTA first. If you applied for a tourist visa and get denied, you will not be able to use ESTA for a period of time.
  21. Like
    Lainie B got a reaction from Pitaya in Fiance Visa   
    Moving to K1 processes forum.
    Check out the K1 guide and K1 flowchart:
    http://www.visajourney.com/content/k1guide
    http://www.visajourney.com/content/k1flow
  22. Like
    Lainie B got a reaction from TheBigO in K-1 vs K-3?   
    IR-1/CR-1 has now pretty much replaced the K-3
    People might choose K-1 over IR-1/CR-1 because the K-1 is usually much faster, or they may not be able to marry first (if the non-US citizen is unable to get a tourist visa for the US, for example). Or they might not want to spend time apart as a married couple.
    There are disadvantages to the K-1 (more expensive, and the non-US citizen does not automatically become a green card holder upon arrival in the US and must apply and wait before they can work in the US and travel outside the US.
  23. Like
    Lainie B reacted to Boiler in How to protect my wife???   
    Has she thought of seeking Employment elsewhere?
  24. Like
    Lainie B reacted to Nich-Nick in Just married and need Social Security Card   
    Your window for getting a SSN has closed because there's less than 14 days remaining of your 90 days. You could have gotten it your first week here. Getting it in the name on your POE entry is the best way to do it before you are married. Your next window for a SSN opens when you get your EAD or greencard, whichever comes first.
  25. Like
    Lainie B reacted to belinda63 in EAD denied :(   
    It was denied because he is no longer eligible for a stand-alone EAD. He is only eligible until his I-94 expires. He becomes eligible again when he files concurrently with or after filing for AOS.
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