kittenkaboodle

It's not an opinion that intent has been expressed...read the OP post again. It is quite clear.

If what you are saying is that you weren't intending to come across as a wink, wink, nudge, nudge response and that was just our opinion of it, than perhaps you should stop winking and nudging and be more clear.

ive been clear and precise with my previous posts... so winking is not allowed here too lol! this is a free country nobody's perfect, not all situations are the same so keep it cool. we're in adjustment of status from working, student, tourist forum right? ya we are just checking making sure im not in the k1-fiance topic

Exactly what is happening here - because intent has been clearly expressed.

just an opinion... winkle winkle

Kitten, I think the problem is that it sounds as though you're saying "what you want to do is technically illegal, but (wink, wink) here's what say to make it appear legal." And people on this site get really bothered by that.

(Just my opinion.)

just a kitten's opinion chill!

Maybe you didn't say what you meant, then. Because what your post sounds like is that you are suggesting that the OP get a tourist visa, apply for a fiancée visa at the same time, and then while it is processing come to "visit" on the tourist visa, marry, and stay.

Adjusting from a tourist visa IS legal if there was no intent to immigrate. OP has already stated they DO want to immigrate so they can't use a tourist visa for that. If they can get a tourist visa they can use it to visit and return home while their K-1 or CR-1 application is processing but NOT to file a 485.

yup you cannot get a tourist visa if your intent is to migrate, thats why you need to prove to the officers that you will only come here to VISIT and if they're not convinced and they sense that youre lying then theyll deny you.

You are still advocating fraud, which is a violation of the TOS on this site.

you're entitled to your own opinion.

The Op clearly has immigrant intent. He asked, "can I apply for a tourist visa get married and adjust status." So why are you talking about anything else?

Yes he can apply for a tourist visa and visit her gf and go back to egypt, then visit her gf again and if they feel like they want to get married here at that time of course they can, and of course the USC spouse can petition him without going back to egypt and he can adjust his status here from alien to legal permanent resident without leaving the country. The question is how can he get a tourist visa with an intent to immigrate since the consular officers are very strict when it comes to that, which is why there is a fiance visa cuz not everyone can get a tourist visa.

No, this is not a legal procedure. Please see my first post in this thread. The person will be doing something illegal in the course of this plan, by entering the US on a non-immigrant visa with the intent to immigrate.

Im not saying that it is legal to apply for a non-immigrant visa with the INTENT to immigrate cuz it is a fraud which is illegal of course. But what about the people who applied for example a working visa without the intent to immigrate and then later on get married here to a USC then apply for adjustment of status here? is that illegal? NO, beacuse it is a legal procedure that's why this forum is about adjustment of status from working, student, and tourist visa

Someone will correct me if I'm wrong, but I think you can only get a fiancee visa if you have met in person before. That's why I asked earlier, but no answer yet.

Is it possible for her to come to you and marry in Egypt? I'm not very knowledgeable about these things, but I think if you did it that way, she could return to the U.S. and petition for you from here.

1. oh im not sure about that when it comes to fiance visa though this is the best and safest way

2. yes she can marry him in egypt then petition him after but im not familiar with the procedure

Hello there, I am from Egypt, my gf is from Nevada, she wants me to come to her, and I want to do it legally

so ...

can I apply for a visit visa and when I marry her I adjust my status ? I dont want to over stay or do anything illegal

and what are my chances in getting a tourist visa ?

I am soooo confused

advise please ???

Here are the choices:

1. Apply for a tourist b1/b2 visa so you can visit her

2. ask her to petition you for a fiance visa

3. when you come here using a tourist visa and you marry her here in the US then both of you can file I-130/I-485 concurrently ( petition for alien relative/ adjustment of status) so you can get a green card ( legal permanent residence ). I'm not advising you to commit fraud by applying for a tourist visa for the purpose of marriage. but this is a FACT and this is a LEGAL PROCEDURE that can be done when the intending immigrant/alien is already here in the US even if he/she is still in status or not as long as he/she entered the US legally with inspection like tourist, working, student visa.

Yep....I did the same thing....no RFE yet. But also I am not required to fill out the I-864 until the NVC stage.

Did u file I-130 I-485 concurrently? Im wondering cuz you're not required to fill up I-864 yet

When we submitted the I-864EZ at NVC for our journey, we did not use all caps and we were fine. Don't worry, you won't get a RFE because of that.

Thanks you!

Uh...all caps? I never saw that. I haven't mailed anything yet though, so I'm off to fix it. Is it just the I-864EZ that has to be in all caps or is that every form?

Yes I think its only the I-864ez

We just mailed our I-130, I-485 packages then I realized that our I-864ez form was not filled up in all caps as stated in the instruction. will this cause an rfe? Im so worried, has anyone did the same thing?

We just mailed our I-130, I-485 packages then I realized that our I-864ez form was not filled up in all caps as stated in the instruction. will this cause an rfe? Im so worried, has anyone did the same thing?

And probably for no reason... but here's a few reasons why.

Idiot lawyer submitted all originals to USCIS.

So his 2010 tax return (the one our I-130 is based on) is sitting with them somewhere. We don't have the copies of the 2 prior years, we were told we didn't need them... but now I worry. They're sitting on my dresser 500 miles away and we aren't going back to our apartment until July.

We have not filed 2011 tax returns, and won't be filing for a while as we've got extensions. My Canadian papers are lost in the mail (they were forwarded to me on February 29th, and I don't have them, and they weren't returned to the sender).. and I'm still trying to get new copies in time to file my taxes. I have all his W2's and the like, but we wont' be filing until sometime this summer.

We don't take a lot of photos. Well no, I take a lot of photos, but I'm not in them. We have not had a single photo of the two of us taken since our wedding in September. We don't have social lives, so there really isn't anyone who's going to catch us in photos. I have more of us, but they were all taken at the same time as the ones already submitted to them. Wish I'd have taught the kiddo how to use the camera this winter....

We had planned a second, larger wedding this summer (we eloped so the person we credit with us being together could be there), but thanks to Idiot lawyer and her insistence that an AP wouldn't happen, we had to call it off because we weren't sure I could travel in time to get arrangements made. We also realized we were happy with the one we'd already had, and would feel better doing a vow renewal in 5-10 years.

No long form birth certificate for me, and unable to obtain one in time (I don't seem to be getting my mail from Canada, so even if we paid for it, I probably wouldn't get it). Lawyer insisted that we didn't need one so we didn't bother. So far no RFE about it though.

We don't have many co-mingled things. Our leases are in both names. Our tenant's insurance is in both names. But that's pretty much it. We have pay as you go phones, so it's separate bills. Our bank refused to let us do a joint account because I didn't have an SSN when we opened it, and it's 500 miles away and they require you to come into the office to do paperwork (it's a Credit Union). He's had some issues with National banks (or his ex did, in his name...) and the Credit Union's locally have some very strange requirements so we can't even go out and get an account together here. Power and Net companies have told us that they only do one person's name, and our car insurance company can't even insure me until I have a Wisconsin license (that's where our policy is, we're in Ohio until June).

Because we have pay as you go phones, we cannot obtain copies of his phone records. He was the one who always called me. So while I can make guesses from my phone records as to which ones are his, I can't prove it. His company won't cough up the details unless we get a court order or a subpoena.

Attempted to get a letter from his job saying his hours, what he makes etc.. and they told us they won't do that for their contract workers.... so all we've got are his pay stubs.

AND to top it all off.. got a letter from our lawyer tonight that she's going on Maternity leave next week until the end of May. You'd figure since it's only been 3.5 months since we signed our contract with her that she'd have informed us she was pregnant knowing that our Interview should be occurring while she would be away? I mean, yay she's having a baby, but we'd have gone with someone else had we known.

What has been submitted previously (was submitted in December):

Husband's birth certificate (long form)

marriage certificate

photos

Tenants insurance in both our names

Lease in both our names

Our airline tickets

husband's divorce certificate

my birth certificate (short form)

copies of our passport biographic pages

my medical exam

2010 tax return (and totals for 2009 and 2008)

Bank statement

paystubs for 2011

What we will take with:

any photos that might help

W2's for 2011 for him

Pay stubs for 2012 for him

copies of a photo book we had made

his divorce judgement (just in case)

the copy of the packet the lawyer sent is (just in case)

both birth certificates

both passports

my ead and ssn

all papers received from uscis

Do you think we've got it all covered? Is there anything that I'm not thinking of that we should have? Am I over thinking this and should go to bed and stop thinking about it?

my husband (USC) was able to open a joint account for us and he filed taxes jointly using my tin number since i dont have a ssn yet.

I felt I did a decent job of assembling my package, but after rechecking it the third time I still noticed I had missed a signature. Triple check before you send it off.

From what I can tell of your list, you seem to have everything, but someone else may spot something I missed.

The only thing that I noticed off right away was the extra pictures on the I-485 (they only ask for the applicants).

FYI - I may still get an RFE right up to and including in the interview, but so far it looks promising.

After i checked mine yesterday for the third time i noticed a typo error on my mom's name in i-485 form lol, so hubby printed out a form again and i made him change the " my opinion" statement then print out and made a copy of the whole package. Ill make a final check later, thanks for your help! and goodluck to your interview

My note about the credit cards not being a wise inclusion is just for your own security. If you feel comfortable with it, that's your decision. I still fail to see what it proves...your card has your name on it, his has his name on it...it proves you both have cards.

I would leave out the part of the letter that talks about 'his opinion'...stick to facts, that's all they care about. I would shorten the letter considerably and just attach a printout of the tax chart - that is a chapter book and not necessary.

The only relevant info is that he had no income and as such was not required to file income tax as shown in the attached forms from 1040 instructions.

They don't care that he was a student - it has nothing to do with it.

i saw that you're scheduled for an interview this april w/ no rfe's which means all your paperwork are filed correctly. so are my paperwork ready for submission?

They may be able to update the lease, and would probably like to, given that a new person is living there.

will do, the manager sees me most of the time anyway

My note about the credit cards not being a wise inclusion is just for your own security. If you feel comfortable with it, that's your decision.

I would leave out the part of the letter that talks about 'his opinion'...stick to facts, that's all they care about. I would shorten the letter considerably and just attach a printout of the tax chart - that is a chapter book and not necessary.

The only relevant info is that he had no income and as such was not required to file income tax as shown in the attached forms from 1040 instructions.

They don't care that he was a student - it has nothing to do with it.

oh i know what you mean about the credit card but we didnt make a copy of the back part w/c has the security code so no worries.

yup so he was simply not required to file taxes cuz he had $0.00 income for those years and mentioned that he was a full time student.

im actually thinking of changing the "my opinion" to Explanation or just omit it

Did you live together? A joint lease agreement or mortgage might be helpful.

yes we've been living together since aug. of 2011 but he signed the lease in his apartment 3 mos before i moved in with him ( i was living with my mom at that time) so i my name was not included in the lease contract.

Also, being a student does not automatically exempt a person from tax returns. The real question is, did he work at all? If so, how much money did he make?

he was a full time graduate student, held no jobs so he didnt have any income for 2009 and 2010

Also I would leave out the copies of your two credit cards, just because I don't believe that is a wise addition and it certainly isn't required.

And I would leave out the wedding band receipts because they prove nothing other than the fact you bought some jewelry.

Other than those things, from what I can tell it looks good..,

Did you include the applicable tax laws the show the petitioner being exempt from filing, or just an explanation? If not - you need to include the laws that prove it, in this case the charts that show income levels.

the credit card shows that he gave me an extension of his 2 credit cards so its just an additional evidence even if its not required or something. yes he in cluded applicable tax laws. here is the letter he wrote:

For the tax years 2009 and 2010 I had $0.00 income. I was a full-time graduate student, held no jobs, and thus had no taxable income. I graduated in December 10, and will be using my 2011 income for my affidavit of support for my spouse.

IRS Publication 501 (rev:2011) states in several areas the minimum income levels that would force one to file a federal return, or the special circumstances that may require one to file. I do not meet any of those specifications. I have attached the relevant pages of IRS Publication 501 and have explain my reasoning below.

The publication gives three tables to which one must meet in order to tell if one must file or

from table 1. Lowest income value that must file is $3,700 (married filing separately). I did not have any income from any sources, so i did not meet this requirement.

from table 2. Special requirement for dependents. My opinion: the minimum requirement for any of this situations is $5.00 income (earned or unearned). I did not have any income, so i did not meet this requirement.

from table 3. Special taxes Owed., Medicare savings issues, Self Employment earnings, or earnings from a religious organization. My opinion: I did not have any back-taxes owed or other special taxes owed, nor did i recieve anything from a medicare related account. Lastly, i did not recieve any moneys from a church or other religious organixation.

im focusing on the i-864 and supporting documents since i noticed that most rfe's are due to incomplete tax records or insufficient income from the petitioner.

Hi everyone! Me (beneficiary) and my USC hubby are about to send the i-130 i-485 packets. here is my cover letter and just want to make sure that we covered everything. Any suggestions would be greatly appreciated.

Table of Contents

1. Form G-1145 E-Notification of application/petition acceptance

2. Personal Check in the amount of US $420 for I-130 payable to U.S. Department of Homeland Security

3. Form I-130 Petition for Alien Relative

a) Copy of US Citizen’s Birth Certificate

b) Copy of US Citizen’s Driver’s License

c) Copy of Beneficiary’s Birth Certificate (in English)

d) Copy of Beneficiary’s Passport (biographical page, visa stamp, I-94 card front and back)

e) Copy of marriage certificate

f) Copy of US Citizen’s and beneficiary’s divorce decrees

g) G325A signed by US Citizen

h) G325A signed by beneficiary

i) Passport photo of US Citizen (placed in a small plastic bag , labeled with full name)

j) Passport photo of beneficiary (placed in a small plastic bag, labeled with full name)

k) Evidence of Bona fide Marriage

i. Copy of life insurance with Alien spouse as Primary Beneficiary

ii. Copy of our health insurance cards

iii. Copy of Car Insurance

iv. Copy of Federal 1040 filed jointly

v. Copy of our joint bank account with statement of account for February 18, 2012- March 19, 2012

vi. Copy of our 2 credit cards

vii. Copy of our Phone Bill

viii. Copy of Engagement Ring and Wedding Band Receipts

ix. Selection of pictures that document relationship and marriage

4. I-485 Application to Register Permanent Residence or Adjust Status

a. Form G-1145 E-Notification of application/petition acceptance

b. Personal Check in the amount of US $1,070 for I-485 and Biometric fee payable to U.S. Department of Homeland Security

c. Form I-485 (Application to Register Permanent Residence or Adjust Status)

d. Copy of Birth Certificate ( US Citizen & Beneficiary)

e. Copy of passport's biographical page (all pages)

f. Copy of visa stamp

g. Copy of I-94 card (front and back)

h. Copy of Marriage Certificate

i. Copy of US Citizen’s and beneficiary’s divorce decree

j. G325A signed by US Citizen

k. G325A signed by beneficiary

l. Two passport-type pictures of US Citizen (placed in a small plastic bag, labeled with full name)

m. Two passport-type pictures of beneficiary (placed in a small plastic bag, labeled with full name)

n. I-693 Report of Medical Examination and Vaccination Record (Completed by a Civil Surgeon sealed in an envelope)

o. I-864 Affidavit of Support (Petitioner will use 2011 earnings only)

1) Copy of Petitioner’s Letter of Employment

2) Copy of Petitioner’s earning statements from the period July 2011 – March 2012

3) Copy of Petitioner’s W-2 Form

4) Copy of Petitioner’s Federal Form 1040

5) Copy of beneficiary’s 1099

6) Letter of Explanation why petitioner has no income from 2009 or 2010 tax periods. (student)

I-765 Application for Employment Authorization

• Two (2) Passport-type photos

• Copy of Passport (biographical page, visa stamp)

• Copy of I-94 (Front and back)

I-131 Application for Travel Document

• Two (2) Passport-type photos

• Copy of Passport (biographical page, visa stamp)

• Copy of I-94 (Front and back)