ducky06

Okay. Thanks all. This confirms what I've read, I was just kind of confused by the USCIS employee's response; he basically said a letter might help in her situation, as each applicant is different. I wish El Salvador would just post something about letters not being useful, like other embassies have, but it seems like in some cases they do look at them at the interview.

I have a former work colleague and friend who has applied to visit the US for the holidays. I am a USC and I lived in her town in El Salvador for a few years. She asked if she could list me on her application, as I plan to host her for a few days, but her principal motive is to visit extended family members here for Xmas, who live near me (they are undocumented). I advised her that she should tell the truth, but she rejected that advice and omitted them on her form. She also listed her planned visit dates, including Christmas, when I will not be here.

She insists (because she was told by the people who prepared her paperwork) that she needs a notarized invitation letter from me. El Salvador's embassy website is mute on the topic and the DS-160 instructions are vague as well. I called USCIS and asked if the letter is ever helpful and the guy said, "it depends" (basically).

I'm not comfortable misrepresenting the truth in the letter. My husband has a greencard and is from Central America and I don't want to be flagged. I've told her this. And I think a truthful letter will seem odd, if I'm vague about whether I will host her the entire time. I can gush about her but I can't say I will host her all of those dates.

Thoughts? Would an invitation letter have any impact at all?

Okay, thanks all. I'm guessing/hoping that the Guatemalan consulate doesn't have direct communication with USCIS, but I guess you never know.

I may ask a lawyer about what the real risk is of something happening to her brothers. I don't think she currently knows their street addresses, just the town where they live. It seems like honesty about her plans to see them would help her, though. I'd think they will ask about her brothers and whether she plans to see them.

Anyone else have any experience with this?

Thanks!

I lived in a Central American country for two years and worked closely with a woman who is now one of my best friends. She would like to come to the United States to visit me and also to see her two brothers, who are undocumented. I happen to live near to her brothers currently so now seems like the perfect time.

On the application, I see that she must declare any siblings in the US, give their names, and state their immigrant status.

I know the penalty for lying is stiff and I am sure this will come up in the interview, so I would not encourage her to lie.

Just wondering if she has any chance of getting the tourist visa if she tells the truth. In her home country, her ties are pretty strong, but I don't know if she can remove all doubt she might stay. She has a government job, some savings, a house, and land, but no husband/children. Her elderly father applied a few years ago and was denied.

Also, could there be ramifications for her brothers if she provides their full names on the application? I'm wondering if she just shouldn't apply at all. Seems very unfair!

You can walk in elsewhere for the bio, but I would plan on an interview at the local, because you are living apart.

OK, good to know. A walk-in at DC for the bio might work if he could do it a few weeks before the assigned appointment; that way if he's not able to walk in, he could fall back on his regular appointment (which I'm assuming will be at Milwaukee or Detroit).

I think we will still try to request the interview in DC. I don't see anything to lose if they ignore us.

Thanks for the help, everyone.

Thanks for that perspective, milimelo. We'll try calling if we're called for an interview and see how that goes. Not sure if it will work (especially for biometrics- Milwaukee is the closest office to us...)

Maybe it would be worth it to request in the cover letter?

Thanks, Harpa Timsah! It's definitely small peanuts compared to the headache some people go through, but definitely inconvenient for people in rural areas. Let's hope we don't get called for the interview!

Thanks, Flora01!

Does anybody else know if there is a way to request biometrics or the interview at a different USCIS office than the "local" one when filing to remove conditions? Thanks!

Hi all,

My husband will be eligible to file this month to remove conditions on his residency! Wow, can't believe two years have almost gone by!!

My husband and I are together but living apart since February for professional reasons- I got a 6-month fellowship in Washington, DC ; he has a post-doc in Michigan. This is a short-term thing for sure.

Two questions:

(1) I am assuming I should put my current non-Michigan address on the petition. Will that likely flag us for an interview? Is it worth it to submit a note or explain in the cover letter why we have different addresses?

(2) Is it possible to request that he do his biometrics (and interview, if we're interviewed) in the Washington DC office? Our residence is in the-middle-of-nowhere Michigan and last time they sent him 7 hours away for biometrics to Milwaukee, and we had to travel 9 hours to Detroit for the interview. What a hassle that was- it would be much cheaper and easier for him to fly here and combine it with a visit rather than both of us having to take time off to fly to Detroit for one day. Unlike the I-485 I did not see a spot on the I-751 to request a different office, though.

Thanks for your help!

Steph

It's important to re-iterate that the 30 / 60 / 90 day rule is not law or policy and is not the way things work.

Nobody should rely on it, ever, because it holds no weight.

Really? I'm surprised to hear this because my husband (on an F-1 visa at the time) wanted to leave the US to conduct a research trip, return, and then get married the next month and adjust status. Our lawyer warned us up and down against it, explained the 30/60/90 "guideline", and insisted that his AOS application would likely be denied if we got married within 30 days of his last entry - AND that he could potentially be accused of immigration fraud and given a 5-year ban for entering the US on an F-1 visa with intent to immigrate.

So.. what makes you say it holds no weight? Experience or legal theory or something else? And if it holds no weight, why is it so commonly cited? Overly cautious lawyers?

If it's true 30-60 holds no weight, it's too bad, as our worries over this made our lives excessively complicated!

I've seen several posts on here that indicate that living apart for legit reasons is not a big deal for removing conditions, but just wanted to check about living in different countries for 4-6 months during that time. Has anyone heard of issues with that before? My husband is a conditional permanent resident, about 8 months into the provisional period. I'm a USC and potential candidate for a 2-year job overseas to start immediately, but he has to stay in the US for the summer to finish his PhD. We've lived together for one year.

We are thinking if I am offered the job I could go ahead to get settled and he could apply for a re-entry permit immediately, and follow when he's done with the PhD. We would travel to the US in 2014 to remove conditions and apply for a new re-entry permit to tide him over while my job finished. At that point we would have a joint lease for Apr 2012-May 2013 & September 2013 onward, joint taxes for 2012/2013, joint bank account statements, travel stubs, secondary docs like photos and affidavits from friends... Seem like enough?

Thanks!

Thanks for the tip, I'll let him know!

Your understanding of taxes for F-1 is wrong. Before he got a green card, what determined whether he was a resident alien is the substantial presence test. F-1 is usually exempt from the substantial presence test for 5 years; for him that was 2005, 2006, 2007, 2008, 2009. For all of 2010 and onwards, he meets the substantial presence test and is a resident alien. So he has already been a resident alien for several years now.

Thanks, newacct. I had read that online but he filed the 1040-NR in 2010 and 2011 (which is a matter between him, IRS, and International Student Services at his university) so there was some ambiguity in my mind. Anyway, my question has been resolved. Thanks.

Yes, you guys can e-file.

Thanks

I know that we can file jointly, but my main question was whether we can e-file? He was non-resident for four months of the year, and I read something about needing a written statement that he elects to be considered resident for the entire year if filing jointly, but I'm not sure if USC-married permanent resident aliens are automatically considered resident for the entire tax year in which they married.

You actually did have to file taxes as an F-1 student. (I do taxes for a living.) And yes, you can file jointly this year as long as on Dec. 31 of last year you were married.

He did file taxes and paid income tax as an F-1 student, but he didn't pay ss and medicaid taxes. I thought that was a non-resident alien thing at first, and thought he'd have to pay for last year, but in retrospect I'm realizing that's an exemption that applies to students paid by their universities.

Thanks!

Just wondering if anyone has experience with this: can you e-file jointly with a spouse for the tax year in which you became a permanent resident if you adjusted from an F-1 visa?

My husband lived full-time in the US from August 2005 to May 2012 on an F-1 student visa (making him exempt from resident alien tax status) and received his greencard in August 2012 based on our marriage. Since F-1 time is considered exempt for tax residency purposes, and he was on the F-1 for four months of the past tax year, I'm not entirely clear on whether he's considered dual-status for 2012.

If he's dual-status, does that mean we can't e-file and have to submit a signed statement that we elect for him to file as a resident alien for the entire year?

I also noticed on his W-2 that social security and medicaid tax was not taken from his fellowship stipend, even though he was a permanent resident for almost half the year. Since he is filing as a resident for 2012, does that mean he'll owe back Social security and medicaid tax?

Thanks!

@The Patriot - Thanks, good to know. We would certainly be together overseas, so it seems it could work. (With some coordination of schedules/paperwork...) I just wasn't sure if living outside the country during your provisional 2 years was frowned upon, though I suppose it's really only to establish that you're still married, and so long as you have a re-entry permit, there shouldn't be an issue.

He's not currently planning to apply for US citizenship because he doesn't want to give up his German citizenship - though maybe long-term it would make our lives less complicated.

Is it possible to apply for a re-entry permit as a Conditional Resident if you plan to be gone for the entire second year of your conditional residency? Do you always have to be physically in the US to remove conditions?

My husband has lived in the US for the past 7 years under an F-1 visa and has been a Conditional Resident since August 2012 -- will be due to remove conditions in May-June 2014. He is about to finish his PhD and the opportunity exists for a short-term position in his exact specialty at a UK university (1-2 years).

This would be a great career step for him - but we are curious if there is any way he can take the position and save his green-card. We have every intention of living here permanently, as my family is here and he has many professional connections, but we don't have a house or any other property - just one joint bank account.

Could he get a re-entry permit valid through August 2014 and we could move back for a few months after the semester ends in May 2014 to remove conditions? (And apply simultaneously for a second re-entry permit, if the position were two years long?) Seems crazy, but...

Otherwise, losing the green-card and re-applying via consular processing would not be worth the renewed expense and break in his career (not much work in his field in his home countries, so the benefit of the post-doc would sort of be negated...)

Any advice? Thanks very much!

Didn't the notice say UNLESS ALREADY SUBMITTED? I wouldn't worry about it but it never hurt to have it on hand just in case

Goodluck

It did say that, just curious because people on here have talked about bringing their tax returns and pay stubs to the interview and I was wondering if they were just over-prepared, or if it can actually come up. My reading of the letter was that it's not necessary, but I'm going through those last-minute "what ifs"... since the docs are 16 hours away..

Thanks

Hi Dave&Judy,

1. Those documents will be sufficient.

2. If your wife's income is fairly constant year-to-year and should be the same in 2011 as 2012, you could list her income from 2011. (For example, my mom has had almost the same salary for 10 years, so we listed that.) If not, it would be justifiable to simply multiply the hours she expects to work over the year, by the pay rate listed by her employer in the letter.

3. You do not need to include your own tax returns, since you are the intending immigrant being sponsored and you do not intend to use your income to meet the minimum.

4. Your wife is sponsoring you (the principal immigrant), so she checks "yes", of course.

5. I don't have firsthand experience with this, but if your case is a spousal visa petition, it looks like she doesn't need an entirely separate I-864 or a second copy of the supporting documentation -- though you do need to submit a second copy of the I-864 (same to yours), and your wife will need to check the box in question 9 and list your daughter.

from http://travel.state.gov/visa/immigrants/info/info_3183.html :

"Does each accompanying family member need separate documents if they are traveling with the principal applicant?

No, however, dependents immigrating with the principal applicant must have a signed original or a photocopy of the principal applicant's Form I-864, and I-864A if applicable. Copies may only be used by dependents named on the principal applicant's original forms."

Another more detailed answer to this question is found at : http://www.uscis.gov/files/form/i-864instr.pdf under "Do I need to submit a separate affidavit for each family member?"

Good luck!

Hey all,

My husband and I have our interview for his AOS this Thursday in Detroit (9 hours away)!

My question is: we submitted the I-864 with the original application (Mom is co-sponsoring); is it necessary to bring the original proof of citizenship, tax returns, paystubs for the co-sponsor on the I-864? My first interpretation was that you didn't need to worry about bringing the I-864 docs at all if you already submitted copies, now I'm not sure...

I don't have my mom's originals, nor even a full copy of her tax returns (seemed like overkill at the time to copy the copy). I know it's always better to be more prepared, but at this point I'm not sure we could get them before the interview anyway... Should we expect any issues?

Thanks! Tell you all about it on Friday...

Hi, imwithu,

Hi guys, I am kind worried recently. I concurrent filed my I-130, 485, 765 by June.27. I did my biometrics on July. 18. Right now my status still shows pending for all the three cases.

While some people get their interview appointment notice within two weeks of biometrics, a month-long lapse between biometrics and getting some sort of update is normal. I would recommend to wait on this one a little more, since you are just approaching one month since your appointment. Up to six weeks' wait would seem "normal".

My questions are...

1. I didnt file the advance parole travel document, i thot it's no required and Im not planning to travel outside of the U.S. Is that ok not filing it?

You are just fine . There is no need to apply for the advanced parole travel document unless you plan to leave the US before you receive legal residency. As long as you remain in the US until your greencard is issued, this won't affect your application.

2. I was under OPT F1, but it has been expired on July. 19, so what's my current status? I assume that I can only stay in the U.S. but i cant do anything, such as study or work unless i receive my EAD?

Your official status is "AOS Pending". If you were already studying, you can continue to study, because you are still in the country legally. If you are enrolled as a student you usually may also continue to receive income as a Research Assistant/Teaching Assistant or work part-time up to 20 hrs/wk on campus (Just check with your uni or scholarship source to make sure eligibility for your current aid doesn't depend on F-1 student status.)

You may also apply for and enter a new program of study while AOS pending. If the university asks for it, a copy of your filed I-130/I-485 is proof of legal status. Although since you will be in status limbo-- neither international nor permanent resident-- you may not be eligible for financial aid of any kind.

As for non- "student" employment, however, it sounds like your OPT EAD card has expired. My understanding is that you will have to wait for your new EAD card before you can work full-time or work outside of the university.

Sounds like you are doing fine. Just wait it out a little more, and if you have any other concerns, contact international student services at your uni. They might have more insight into your particular situation.

Does anyone know what the shortest amount of time possible to get a non-expedited visitor visa is from a Central American country like Guatemala? Could it take less than two weeks? Less than a month? More than that? My brother-in-law's coming and we know he ought to apply 3-4 months in advance, just wondering what is typical and what is the fastest possible turnaround. Could his passport and visa be sent the same week as the interview?

Also-- invitation letters--

We gather the invitation letter is not the most critical part of the application (the applicant's demonstrable ties are)... But does the applicant bring it and any other supporting docs (letter from employer, etc) to the interview at the Consulate? There is no way to attach docs to the online DS-160, right?

And,should the inviter attach any sort of Affidavit of Support? Seems excessive for a 10-day visit.

Thanks!

Steph

06/272012 DENIED AT THE INTERVIEW 212(A)(5)(a) They were pist off due to the fact I sent in 2000+ pages for our REF. Told him they were waiting for him to come in. They gave him all 2000+ pages and told him to take them home.

This is pure curiosity, and I apologize I can't be more helpful, but why did you send in 2000 pages in response to a RFE? This is good to know for the future... Best of luck...

I'll skip around a little here, but just to add to some of your questions:

3. My OPT days are to expire soon, then it will be followed by a grace period (60 days). Assuming, I made an application for an adjustment of the status by the end of this period of 60 days, but I won’t have the work authorization and advance parole, can I still reside in the US to wait for the answer to the application? Or will I still have to leave the country?

Just to clarify, once you file for adjustment of status from your non-immigrant F-1 visa, you cannot leave the US until you receive your advanced parole document, or permanent resident status (if you do not apply for AP). You do not need the EAD or AP to remain in the country; having filed the AOS application changes your legal status from F-1 student to "AOS Pending". If you leave the US after applying for AOS, while married to a US citizen and without AP, you will probably be denied entry at the border and have to apply for a spousal visa (CR-1) from your home country's consulate. So, you should plan to be in the US for 2-3 months after getting married, before you receive AP. Also, you may have a gap where you can't be employed (depending on when your OPT ends and when you get your new EAD)- another reason to file sooner rather than later.

Keep this in mind if you have any essential international travel that you need to do in the next few months. The advanced parole application (I-131) as well as EAD can be filed concurrently with the I-130 and I-485, carries no fee when filed concurrently, and is usually issued within 90 days of filing, sometimes sooner.

Shall I make other applications (for visitor B-visa or extension of OPT)?

If you really love each other and want to marry, it sounds like AOS (concurrent filing of I-130/I-485) is your best bet. The general rule is, don't file a non-immigrant application if you can't demonstrate conclusively you intend to return to live in your country of origin when your visa expires. The law assumes all non-immigrant applicants have immigrant intent- not the other way around- and the burden is on you to prove otherwise. Entering the country on a non-immigrant visa with immigrant intent can result in penalties if you are caught. If it seems you are entering the country for your girlfriend and not for the stated purpose of your visa, that could be a red flag.

Along those lines: If you have re-entered the US on your F-1 visa within the past 60 days, it is a good idea to wait until 90 days have passed before marrying. Immigrant intent is expressed not only when you apply for the visa, but also whenever you use the visa to enter the country (whether you are directly questioned by an admitting officer or not at the point of entry about your intentions). So if you marry within 30 days of entering on an F-1, the government can presume you abused the conditions of the visa (which for an F-1 visa is a 5-year ban). You may be okay at 60 days, but there should be no question at 90 days. Maybe this doesn't apply to you, but just to let you know!

To play devil's advocate here, while you mention the option of extending OPT: If you are uncertain in any way about the relationship, maybe you could extend your OPT and spend more time together before deciding. But I would only do that if you can demonstrate that your WORK (OPT) is the compelling reason to stay, and not your girlfriend, and that you are planning to return to your country at the end of OPT.

Shall I do that after we find the place to live together, open a common bank account, i.e. gather bona fide evidence or before? Or I should 1. marry 2. bona fide evidence 3. file for AOS (all these three steps before the overstay begins)?

I think what is important here is that you have honest justification for when and why you did what you did. I would not rush the process artificially to avoid overstay- because that may make it seem like the marriage is for that purpose. But if you both would like to live together now, you might as well move in together asap and get that joint lease. You could also justify moving in together after marriage if you feel more comfortable with that for moral or religious reasons. As others have mentioned joint bank accounts and insurance may need to wait until you are legally married anyway.

Hopefully you already have some pictures together from the past six months, but start taking them if you don't. It would be good to make sure you have someone take a good variety of pictures at the ceremony and at dinner show clearly how the two of you relate to each other as a real couple, and also show how your friends interact with you both as a couple. But as others have pointed out, you don't want to go over the top and stage pictures either. That would be worse! Just send in ones that show who you are naturally together.

Given the short length of your relationship, if you can involve your families in the ceremony, great, but you should be okay as long as you have other real-life evidence. Showing your girlfriend's family is supportive and vice-versa can lend legitimacy, but relationships can be legitimate without that support, too. Just know this will probably come up at the interview, too, and might be a reason to take another year in a committed relationship before marrying - so that your families are on board. It's your choice, though, only you know your circumstances.

You might also start to look at the paperwork before you marry. The med exam is required in your case, so try to find a doctor/schedule that for soon after you marry, and get the I-864 from a joint financial sponsor if you need one. If your wife's incomes/assets do not meet 125% of the poverty line- you may need a family member or a friend who has a steady income or greater assets than yours.

I think everyone else has given good advice. Read things carefully and you should be fine. Good luck.