CC90

The I-797C you received for your I-485 is proof of legal status while it's processing. If they know enough to ask for immigration status, they're probably a management company and not a landlord. Give them the I-797C and tell them it's your temporary visa and that you're waiting for the real one. Tell them to call corporate if they have a problem with it.

They don't have a lot to gain by denying you the apartment. I imagine they'll try to figure it out, but you have to be persistent.

Each state handles this differently. You should refer to state authorities.

It doesn't matter.

So you have not yet received the actual notice?

I'd wait until you have it in hand and see if it has the same date before wasting your time.

If you're truely tansgender, is there anything in your documents that references you as male (other than possibly your birth certificate)? Your passport and visa show Female right? If so, it might not come up at all.

Not true. According to Article 5 of the Nationality Law of the People's Republic of China, a baby born abroad to at least one Chinese citizen parent, and where the Chinese citizen parent(s) have not "settled abroad" (i.e. have a green card), the child is automatically a Chinese national. Period.

Not true. According to Article 4 of the Nationality Law of the People's Republic of China, a baby born in China to at least one Chinese citizen parent, is automatically a Chinese national.

I do appreciate feedback and understand these are US government policies that make this seem confusing.

Getting the GC was one of my options above. Another reason we had not started that process is because we were wanting to wait until at least the two year mark and it does become a little easier.

So do you suggest we file for AOS then apply for the K3 visa?

Still not clear on which spousal visa is the right choice and had read through this link already:

http://www.visajourney.com/content/compare#dcf

I don't mean to sound condescending, but you should consult with a lawyer or do some research on how this works before making any decisions. You don't seem to have a clear understanding as to how the US immigration system works as a whole.

US immigration law makes a distinction between visas and statuses. A visa is an entry document only--that can lead to a certain status. You have a B-2 visa, but are currently on B-2 status. In the US, you aren't "on a visa", but rather "on a status".

Non-immigrant visas (such as the B-2) have very strict requirements to gain entry. Some of which include strong ties back home, clear history of spending more time out of the country than inside the country in the immediately preceding time period, documentable job and income outside the US. Entering on the B-2 with *intentions* of living in the US or changing your status is illegal, even if you are legally entitled to it by marriage to a US citizen. This is why it is so dangerous for you to leave right now, and it would be a very good idea NOT to leave the US and instead file for Adjustment of Status, which will give you permanent residency status.

You will not need any sort of visa when you are given permanent residency status, and you will not have to leave the US. The issued green card is your visa (or, technically, your waiver of a visa). The K3 visa doesn't really exist anymore and is not issued.

Visas are not issued within the US because they are entry documents. They are only issued by consulates overseas. The AOS process allows you to option permanent residency status without leaving the US--and you will not need any visa to enter in the future (subject to a few rules). The AOS process allows you to stay in the US while you get your green card and takes a shorter amount of time than waiting for a CR/IR-1 visa overseas (which will lead to a green card anyway--the visa is invalidated upon entry and a green card is shipped to you).

The "two year mark" doesn't make it "easier", but it does allow you to avoid another step in the future (but it's rather trivial). Using this as a reason to not apply for AOS is not smart--and will make your marriage look even more suspicious if anything.

I'd start doing research and possibly consult with a lawyer on filing for adjustment of status as soon as you can.

The advice has been given: get a green card. The fact that you don't like it doesn't make it bad advice.

Especially now that your situation has "changed", you're going to have a real hard time getting back in on a B2. If you think the paperwork is bad for your child, try waiting 9-12 months for an immigrant visa after being denied entry.

Adjustment of status is reletively painless compared to that.

Please don't shoot the messenger. You're not arguing with me. It's the US government that has control. I'm just telling you what they do.

Yes I think it is possible that DOS or USCIS won't see it as a public charge, but as mentioned above that is not our first option.

I can understand your opinion as being a taxpayer and not happy with us still leaving emergency medicaid as an option, but my husband is a USC who has paid his taxes. Even if we were to take that route its not as if we are trying to take advantage of anything, he has paid into this system and should have this option for his family since this is his child too. Again I do understand how you could feel though. This is not as is we were both non-citizens, or non-tax payers trying to get what we can.

The reason we would have the baby in the US is because my husband is a USC, this is where his parents, grandparents, all his family live.

If the baby is born in the US, the baby is a USC. China does not allow dual citizenship. The baby would not be allowed a Chinese passport, but would have to get a visa just like my husband does each year.

We do have some options, and just trying to get some feedback from others who may have been in this position or know of someone who has. Many people come to the US each year for medical treatment and as long as they can prove financial responsibility its actually welcomed. Having a child here is different than just receiving medical treatment, but keep in mind this is a child of a USC too.

Yes, the US does have a medical tourism industry. The issue is that you're using a non-immigrant visa to have a baby with no clear plans to return to China. The other people that do this (NOT including having a baby in the US, which is a sure way to be denied entry--I mean other procedures like surgeries) have clear plans and ties to return.

You or your husband have no job and seemingly more family here based on your statements. That's not what the B-2 is for; it doesn't work like the Chinese visa system at all.

You should file to adjust your status in order to have no problems. Otherwise, using a B2 to continue to stay here is borderline illegal and your re-entry is not guaranteed.

I revise my statement about Chinese nationality. The baby will not be Chinese if born in the US unless both parents are Chinese citizens. (Source: Chinese Consulate)

However, the baby will need a Chinese visa before leaving.

Your wife's name has already been changed. You can use your executed marriage license as proof. You can file under her new name without a problem, and apply for a SS card under the new name. With the issued SS card, then you can get a Nevada DL under her new name.

Wow. That's pretty bad misinformation.

If you are filing for Adjustment of Status and NOT for a CR/IR visa to be issued by a consulate overseas, no fee for the I-864 is required. In fact, if you send it, your entire packet will be rejected and sent back to you.

The DOS is only involved in visas and has nothing to do with Adjustment of Status.

If you file them at the same time, you run the risk of losing your AOS fees and having to refile if your I-102 isn't processed in time.

Your I-485 will be accepted, but you'll get an RFE pretty quickly for your I-94. If they don't receive your replacement I-94 by the deadline of the RFE, you'll lose your AOS fees and have to refile all over again.

You leaving technically won't affect the petition (I-130), but it absolutely will affect your adjustment (I-485). Even after getting your advance parole, leaving for any more than a week or two is ill-advised.

The I-131 is a form used for multiple purposes. Only re-entry permits can be sent to consulates abroad. The I--131 is also used to apply for a re-entry permit, but you are not applying for this document and are not eligible for it.

You can ignore what we say, but you won't be able to continue your adjustment if you leave--and you very well might not be able to get back into the US at all.

The I-539 generally also takes a few months to process. You should file it shortly after arriving if you intend to do so. Again, you should have a very good reason.

As another poster said, you also will not likely be allowed in the US on that visa for a year after departing.

If it asks "Country of Citizenship", put whichever passport you plan to use.

I believe it asks "Country of Birth", as well, which would most likely be Ukraine for you.

ESTA is routinely denied when you have ever been denied a visa (regardless of citizenship). You have to answer "yes" to the question.

If you are denied, you will have to apply for a B-category visa at a US consulate.

Yes, we have employment letter.

He has filed taxes for the year he made any income. The other years he didn't make enough to file taxes (he was a student). We've gone through this with IRS. However, we only have a photocopy of the filed taxes of 2012 (income year of 2011) as he filed these late (a few weeks ago when we started this process) the 1040 and 2555. So we're sending these while we wait for the real tax transcript from IRS. And that's why I wonder, will my Advance Parole application be delayed because our i-864 may not be perfect?

If he wasn't required to file, then this is okay. You just have to explain very clearly why he wasn't required to file (preferably citing relevant tax law).

Transcripts or actual returns: there's no difference. If you don't have one, send the other. The transcripts are supposed to make their life and your life a bit easier (and cut down on shipping weight). Only exception here is Schedule C self-employment income in which you have to send the full return.

The AP/EAD will not be delayed because of this; it goes through a separate process.

Regardless of where your husband has worked, he is required to file US tax returns each year on worldwide income as a US citizen. In your case, the amount he's made does not really matter, but they had to have been filed. If these have not been filed, he will need to file them and pay any taxes/penalties he owes. These may even be $0 depending on the circumstances. Talk to a tax expert.

That aside, the main thing they want to see is that your husband currently has a rather permanent source of income that will exceed the poverty line. He can use a letter from the employer to prove this; no W-2 needed.

They will not even consider foreign assets; don't bother sending these.

And, no, you will not be deported. But you will just not get permanent residency until these issues are resolved. I wouldn't file until they are resolved, because you might loose the fees and have to file again.

What exactly are you worried about? Please give us the full story.

The sealing will have no effect on your immigration case. You have to disclose it regardless of it being sealed or not. This is very easy for them to find out, so trying to hide it will surely be a bad idea and result in serious consequences.

Yes, it can have an effect on your application, but we don't have enough information to tell you the extent. As the above poster said, bring all documents to a lawyer before filing any cases with USCIS.

what will happen if they will revoke it?? can we just get married with my new fiance and file a spousal visa?

Yes, you could. But you're going to have trouble either way. If the relationship is completely genuine, you'll get through it.

If the K1 is revoked, it just becomes revoked. Nothing really happens. Any subsequent application of yours is going to get a lot of scrutiny though.

It's impossible to tell you what's going to happen.

This type of situation is really suspicious to the State Dept, and they are trying to cancel the petition because it seems they didn't believe the interview. It takes a while for USCIS to respond in these cases, and it may be revoked.

You're going to have a tough time.

What was the final outcome of the first petition?