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99jjeerwerc

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Posts posted by 99jjeerwerc

  1. First of all, you can change the category of your visa (change of status) while in the u.s as long as your non-immigrant status is valid(tourist,aupair,etc). It doesn't matter if you only have a few days left on your visa, you can send the paperwork before it expires and wait( or study) here until you get a written answer (no interview).

    I guess that your only concern is the amount of time you have on your b2 but since your school is sending you the decision in April and you'll travel in May, then why don't you wait in your home country, apply for a student visa and then come back? You could save some money and time. The thing about changing of status from a visitors visa is that you won't be "visiting" and instead you'll be studying. Uscis tends to look closely to these type of cases and they'll question you a lot. You'll have to get a notation on your I-94 saying that you'll be visiting schools. It's up to you to do this but you can cut time by doing it at home.

  2. Hi everyone. I'm confused about what I should do with my taxes. First of all, I'm doing AoS (I married a USC) from a student visa (F-1) and we have our interview on the second week of march. Right now our financial situation is not the best: my husband didn't make enough money last year and for this reason we used his dad's income. On the other hand, I was an Aupair until last June and then I changed my status to F-1. Since I didn't have all the money to support my F-1 status, I had to use a sponsor which happens to be my father in law. I didn't make enough income when I was an Aupair and I haven't had any income ever since I became a F-1, 'cause I'm not allowed to work. Oh I forgot, I got this 1098 form from my school and it says how much I paid for tuition last year (above $5.000).

    Just a few questions:

    1. Should I file as "married filing separately"? or should we file together?

    2. I don't understand that much about taxes but I know that some people can claim his/her spouse as a dependent and get a tax break? Can I do that with my husband?

    3. Should I wait to file taxes until after the interview? I haven't changed my name with the S.S and right now it would be difficult since I don't have a strong reason to do it.

    4. If my parents in law claim my husband as their dependent, can I claim him too?

    5. Can I do online filing?

    I appreciate any help

  3. Hello,

    I met my wife in college two years ago, we were both engineering students at the time. I am a naturalized citizen, and my wife was a student on an F-1 visa. We got a lease together 9 months ago, and have lived together ever since. We got married this December on the day before our graduation; this was also the same day that her F-1 visa expired. We planned to file the I-130 petition along with the I-485 Adjustment this January, while she was within the 60 day grace period. Unfortunately, we had to wait for our income tax to afford the filing fees, and her status changed to "F-1 overstay." To make matters more complicated, she had to go to Mexico last week for a family emergency. She still had a valid B-2 visa which she used to return to the United States. We live in El Paso TX, so she did not receive an I-94 on her return (it is not necessary if you do not leave El Paso, there is still another checkpoint outside of the city limits).

    It is my understanding that she can no longer file as "F-1 overstay" and must now file as "B-2 overstay". Am I correct? If so, what do I put down for the I-94# on the I-130 and the I-485?

    Also, I have read a few forums, and it seems many people assume that applying for an adjustment of status after a B-2 overstay amounts to fraudulent intent to immigrate. I believe this is not the case for us, because we got married while she was still valid in the United States on the day of her F-1 visa expiration. Should I be worried about any extra scrutiny from ISCIS?

    To make matters oven more complicated, I just got offered a high paying engineering job in Houston, so I will have to leave in 3 weeks and we will no longer be able to live in the same city until she is granted the adjustment. Would it be better for her to return to Mexico and file the I-130 petition by itself, or should she remain in El Paso and do the adjustment? Which would be faster and more wise?

    Thank you very much for your help.

    Tony

    Is the b2 expired? If it has expired then you should put OOS which means out of status. If she came with a valid visa and then overstay, it doesn't mean she still has the visitor status. She lost it when she decided to stay past the expiration date.

    The thing about adjusting from a B2 (or OOS) is that the officer will perceive it as fraud because she entered the country with the intent to immigrate and not to leave the country when her visa expired. So you can expect a lot of questions about this.

  4. I'm familiar with this type of visa as I used to be an Aupair. Unfortunately, she can't ask for more time to stay after the two weeks are over. These two weeks are stipulated by the Deparment of State and the agency has to complain with this rule. What she needs to do is talk to her local childcare coordinator and work out something before she has to leave the country. The agency has to do everything they can to make sure the Aupair has a pleasant experience. I know some coordinators(Aupairs too) post ads on craigslist about the aupair and what her qualifications are and sometimes they find a family.

    It's really frustrating that the agency refuses to pay her ticket back but there's nothing we can do about it. Most of the agencies do this just because they don't wanna pay for it. It sucks!!!!!

    One thing I can suggest you in case she has to leave the country, is to write about her case to the Deparment of State (exchange visitors section, I'm not sure about the name). It might seem useless but at least they'll know that this J-1 program needs to be changed and redirected.The more they tell stories about it, the better it would be for future J-1 visa holders.

    If she ends up going home, the best thing she can do is to reapply and start the process with a different agency. I know some Aupair agencies are better that the others especially when they have better families.

    Good luck.

  5. Regarding the SSN, is better if you do it after your AoS is approved. One of the reasons is that right now you don't have a strong reason to have one. You can try by calling the SSN hotline number but it's likely that they'll tell you to wait. Even if they tell you that you can file for a number, you would have to do it again once you have your green card because of the restrictions when you're not a permanent resident. You can save time and wait until the AoS is done, that way you'll have a SSN card unrestricted(means that you can work).

    About the early biometrics, I would say no. I read that if you go ahead of time they might tell you to wait until the date on your notice. I'm not a 100% sure on this one.

    Good luck.

  6. The thing about finding someone else to sponsor her studies, is that is really hard. NO ONE in this country would be willing to pay for her college and boarding unless there's something like work or family in between. I'm telling you this because I know it and I've been in the same situation. Your friend is lucky that she found this new family 'cause honestly only a few people can find a sponsor like this one. She can try with this new family and it would be great 'cause she wouldn't have to work for them and the biggest expenses such as boarding and school tuition (this one is really expensive here) would be paid. She would only have to pay for small things that can be easily paid. If I were her, I would let this family sponsor me.

    Now, if your friend wants to work she can do it as long as is in campus work. For the first 12 months of her F-1 visa, she's only allowed to work on campus and for no more than 20 hours a week. Once her visa reaches the 12th month, she can apply for an EAD or better known as work permit. This would allow her to work outside the campus. When she finishes all of her units she can apply for OPT which is one more year where she can do an internship in her field and most likely get paid.

    Just make sure your friend does a lot of research before taking this step 'cause it's not easy.

  7. I'm doing an AoS from an F-1 visa and of course I'm concerned about my situation right now. Last month, I talked to my Designated Officer at the International Program in my college and he explained me that my current status (F-1) will become void ONCE I get the approval of my I-485 petition. In the mean time I'm still subject to the F-1 regulations. He also said that dropping out my classes would make me "look bad" in front of Immigration.

    What I would suggest is to talk about your situation with your DoS at your school. Don't try to hide or do things behind their backs as they will immediately know and you might get into unnecessary arguing and troubles. Be honest and tell them what you're doing. You might get help.

  8. 99jjeerwerc : Thanks for your answers. Based on further research I think for question C.22 we have to put our local office in the left part if our spouse is currently in the US, though I've also read that some people used Chicago, IL and didn't get a REF. I'm going to put my local office just to be safe.

    Here's a local office locator you can use:

    Local Office Locator

    I'm still unsure about question C.19 "Your relative's address abroad" I thought that was only for those outside the US? Further feedback would be appreciated. My wife does not plan on returning home so can I simply put N/A or must I really put her family's address there?

    Just put the abroad address even if she doesn't wanna go back. They just wanna have an address in record so they can proceed with the background investigation right after your biometrics are taken. I heard this from a friend who did an AoS succesfully.

  9. I don't know the answer to your first question, but other Canadians should be able to help you with that. Her address is abroad is the last address where she lived in Canada, with her family. The last address at which you lived together is your current address. I wrote Chicago for the USCIS office, but I've seen people on VJ put the name of their local office there successfully as well.

    Do I put Chicago Lockbox or just Chicago, IL?

  10. Hello

    I'm gonna put the answers right next to the questions.

    C.14 Arrival/Departure Record (I-94)

    My wife is Canadian (her status: visitor) and does not have this. Do I put N/A? If yes, should I still put when she got here under "Date arrived"?

    - Are you sure she doesn't have an I-94 card? In case not, put the date she arrived.

    C.19 Your relative's address abroad

    Even though she lives with me now, must I mention her address back home? She used to live with family. If not, do I put N/A or None?

    - You have to mention her address abroad. You have no other choice even if she lived with her family.

    C.21 Give last address at which you lived together

    Do I put N/A or None, or should I put our current address?

    - put your current address and right next to it put the dates. It could be an estimate.

    C.22 Your relative is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the USCIS office in

    I'm a little confused. Do I put Chicago or Boston (where I live)

    - This is one is tricky and you might have to decide whether you put the Chicago office or the boston office. I'm in the same situation and I think I'm gonna put Chicago even though I live in L.A

    Also, is it okay if I put dashes (------) in certain boxes?

    i.e. For Apt. No. and Middle Name

    - It's not recommendable to use dashes in certain boxes. It's better if you put none or n/a.

    Good luck, Happy Holidays

  11. Hello everyone,

    3

    I have two questions about form 485. One is, I had a change of status approved in the U.S(j-1 to F-1)which means I didn't get a stamp in my passport only a stamp in my I-20. So on part 3 processing information it says something about non immigrant visa number and consulate where the visa was issued, what or which number should I put there? I check my I-20 and I don't see anything that clearly says Non immigrant visa #. Should I put the number in my original visa?

    The other question is, on part 3 item c says something about listing past and current memberships or any association with groups etc. I came as an Aupair originally and I did it through an agency which was my sponsor in my DS-2019. Should I list the agency or should I just put "none" in that field?

    The question for the biographical info is , at the very end where you print your name, Do I use my maiden name or my new name? I'm asking because I'm kind of confused. My friend used her new name and not her maiden's.

    That's it for the moment, hopefully this packet will be leaving my house in the afternoon.

    Thank you for your answers

  12. hello

    I have some questions about the I- 130.

    1.On part C info about your relative it says something about employment and present employment. I (the immigrant) don't a have job 'cause I'm an F-1. Should we put none, n/a or any other thing.

    2. On the same part C, do we put my husband's name?

    3. On part C question 22. I will apply at the uscis office. The thing is, I'm on the uscis website and it says something about local offices, application support centers, service centers, national benefit center. Which one of these should I look for?

    4. Finally, we're typing our info in the forms but some boxes are too small to fit the info. Is it okay if we write down the stuff that we can't type?

    Thank you for your valuable help

  13. 1. none of that needs to be notarized. At least that's what I've seen in this website and also from the instructions for the form.

    2. you (usc) are the principal sponsor even if you don't have a job. Your dad is the co-sponsor or joint sponsor. That means you have to file one I-864 and your dad needs to do another I-864. He doesn't need a letter of employment, I was told that the most important thing are the tax statements. If he makes enough money and matches the poverty guidelines for the size of your household then it's fine. The I-864a is the contract between the co-sponsor/sponsor and the household member. In other words, between your wife and you and another between your wife and your dad.

    3.the ead is free when you send it along with your AoS packet.

    We're on the same boat. I'm trying to send this as fast as possible but we're missing a couple of things. Good luck.

  14. Thank you for your replies. I'm panicking right now but we're filling out our forms as fast as we can. They (my school) never told me about this procedure they only asked me if I wanted to continue my studies there and I said yes. Just a couple of days ago I went to an orientation meeting for F-1 students and they told me that I was fine. I guess I should've been more informed and less naive. Good thing we're filing for AoS.

  15. Hello everyone,

    So here's what I learned today. I called the DMV to get my new license and they told me that my school report me to Homeland Security as Inactive student and that's why they can't give me a new one. What does this mean? Am I out of status? Will I be deported? All I know is that I'm not taking all the 12 units as required but I the international office in my school knows about this, and besides I signed a contract with them saying that I will finish my degree there and I'll keep 12 units for this upcoming semester. They told me that I could continue my Fall semester. Has anyone gone through this? I'd like to know. Also, I married my boyfriend (u.s citizen) and we're thinking of filing for AoS.

    Thank you in advance for your help

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