Tee and Megan

Hey all!

My sister and her husband are currently adjusting his status from an F-1 that transferred to OTP. They have looked over all the evidence my husband and I sent in for our K-1 and would like to add several letters of support from family members to bulk up their evidence when they file for AOS.

I know for the K-1 the VJ guides say to include a line like, "I know this couple will adhere to the requirements of the K-1 visa and marry within the 90 day limit"; so I was wondering if there are any important facts I should include in my support letter for them as they file their AOS paperwork. I know there are obvious things I will say, like facts about how long I've known my sister's husband, our relationship, and my knowledge of their character, but I was wondering if anyone else has any additional advice to offer. Thanks so much all!

Blessings to you on your journeys.

Megan

HI,

My fiance and I are about to embark on this K1 process We plan on filing on April 5th (i'm going to squeeze in one last visit from next week until april 4th)

Is there such a thing as including too much information for the "proof of an ongoing relationship?" Today I had the idea of including our contract and deposit slip for our wedding venue.

The other things I plan to include are:

- 10 pics

- sample of emails over time

- boarding passes, tickets, passport stamps from both our passports.

I really don't want an RFE for that type information, we've put our wedding for very late october, So i believe we'll have enough time!

What do you guys think?

We front-loaded our application as well, and it was so worth it. Our final I-129F was nearly 5 inches thick and weighed three pounds; but we had no issues with our process. All of those things sound very good!

You could also consider including:

Signed letters from people who know you both together,

Selected notes from messenger apps

Phone logs

If you're friends on FB; you can go to the "See Friendship' link on your beloved's page and see everything you've ever posted about each other, which I printed and submitted with our application

I also went kinda overboard and submitted scanned receipts from purchases I made while in my beloved's country, as well as statements from my bank account noting when I bought my plane tickets and purchases made while in the country as well. (I didn't want to give them ANY reason to deny us or slow the process down, as beloved's country is a high fraud country)

Finally, I also made notes throughout the application connecting evidence together. For example, if we had boarding passes showing a trip to Thailand, I also put "See passport pages for matching stamps" and "see pictures from trip to Thailand"

I figure too much info is better than too little and it is good to submit things that are considered difficult to fake. What you have sounds really good though! Congrats on already planning your wedding!! October is such a gorgeous time for a wedding.

Blessings to you and your beloved on your journey!!

Meg + T

Ha, using the date the conditional card expired as day one, counted 89 days backwards for the date we signed the I-751 and mailed it off. But feel with their processing times, should be at least a year, but doesn't make a bit of difference as to how you feel.

We got married a little over two years after we met, all kinds of complications, wife sure didn't want to leave her daughter behind, and I agreed to this, her ex left the country and had to trace him down to get permission.

We covered all this during our AOS, was a long interview, selling property, changing schools, quitting a high paying job, moving expenses, or private life was an open book. Was shocked when I heard only a conditional card was to be issued, something to do with fraud, and we are guilty of this untile we prove ourselves innocent.

Was told to get that I-751 and N-400 forms and read those, with the I-751 was 21 months of collecting evidence. With the N-400, learned we had to record all of our trips. Ha, can't remember what we did yesterday let alone a trip we made three years ago.

And reading the I-751, if we did break up for some reason, with everything my wife did to leave her home country plus her daughter, would be an extreme circumstance for them to go back, had nothing left in their home country. So could have stayed on that basis alone. Or if my wife asked me a question that I didn't answer, ignoring is also considered a form of abuse.

Immigration was greatly limited in 1986, only way to come here was with marriage, and the INS was very lax in their AOS with fraud. But this wasn't enough, came out with the I-751 in 1988.

Wouldn't be that bad if they issued that ten year card within that 90 day period with a ton of evidence, but took well over 15 months, one year extension also expired. And trying to explain to the DMV and an employer what a one year extension was, even worse, an I-551 stamp was really troubling. Practically everybody hasn't even heard of the USCIS let alone their way of conducting themselves and what they put us through.

But we have no choice, and extremely difficult to be nice especially of you are a vet of a foreign war, but you have to be very nice. Most of the interviewers we met were immigrants themselves and would think they would be very understanding. Ha, they couldn't even speak good English.

NickD,

I'm sorry your process was so stressful! Ours was too at times. I wish things moved smoother!! Guess we just have to play the system for now; but pray for a better future for immigration in the US. Blessings and thanks for sharing your story!

Hi all!

My husband's conditional green card expires on September 2017; and we were wondering how early is too early to apply for lifting conditions. We have some big life changes coming up (A big move and thinking about when we will start a family!) so even though that seems terribly far in the future, we want to be proactive.

I've read in some places we can apply as early as 6 months before this card expires; but on VJ it says 90 days? Any advice on this?

Thanks everyone!! Happy Spring!

Megan

Chum reap sou!

Congrats on getting this far in the process! And on your wedding!

Have you tried calling the Embassy? Once I heard our petition left the NVC, I called the Embassy several times to see if they had received the petition and they were very nice. Maybe they could give you an idea of why it is taking so long? I know it took a month or so to see our interview date on the interview page at the Embassy. And then it was nearly a five month wait until the interview itself! It felt like forever! Sending prayers things have moved along for you!

Hello all!

Long time no see, VJ! So good to be back on this website. The VJ community was a HUGE blessing to us during our K-1 process; we don't know what we would have done without you guys! Now my sister is beginning the immigration process with her fiance, who is from India. Would appreciate any help or insight/advice because their case is quite different from our own. Here are the facts:

1. My sister's fiance is from India, but has been studying in the U.S. for the past 7 years under an F-1 visa. (He started with his Bachelors and got accepted into a Masters program a few years back) He's always obeyed the terms of his visas and has never had any trouble with immigration.

2. He graduated from his master's program last summer and began a year of OPT, expires October 10th.

3. They have been together for a year and a half, and got engaged last week.

4. They have taken several vacations together within the US and currently live together (so lots of relationship evidence, which I assume one needs for this process, just as we needed it for the K-1)

5. They are planning to get married before his F-1 OTP expires in October. At the moment, they are planning a small courthouse wedding, which they hope can take place on May 28th of this year.

My questions for this amazing VJ community are as follows:

1. Is he eligible to marry and adjust status using the I-130 form?

2. What other relationship evidence do people submit when applying for AOS for fiances that already live in the States?

3. Should we do anything special during the ceremony or get any special paperwork ready prior to the wedding to make the AOS process smoother? (like, do we need to let the USCIS know they are getting married beforehand? Do they have to get married in the courthouse under a judge or could they have a bigger ceremony with a wedding officiant?)

4. Besides the I-130, do they follow the same AOS process we did once my fiance got here under his K-1? (I know the AOS from a K-1 process very well, having just done it last year, so I'm trying to figure out if I can show them any of the forms I used to help them understand the process better)

5. Given their situation, would you all recommend they meet with a lawyer? (Many times on VJ, I read that an immigration lawyer just wasn't worth it, and in our case, it turned out to be true, as we had no issues with doing the K-1 process on our own (praise God.) )

Thank you all so much!! Blessings to everyone on their immigration journey!!

Megan

Hi all!

My friend is applying for a K-1 with her fiance from the Czech Republic; and he was born in Prague. However in the Czech Republic they call it Praha. Which is the correct spelling for their application? (I think it asks for city of birth on the G-325A?)

Just got the text that our GC is in production! Only 8 months after we filed! Praise God! But so many blessings to everyone still waiting. It's been a loooonggg wait. But he's here and that's what matters,right? Yay! No more USCIS for two years!

Just wanted to let ya'll know i received my welcome letter yesterday.

Congratulations!!!!

Hi all!

So, my beloved and I are quite confused. Would anyone be willing to help us understand the next steps of the process?

On June 11th, we got a letter saying we might get our interview waived. And that's the last thing we've heard about the Green Card. We received my husbands EAD and AP back in February, but we haven't even heard if they've transferred his case out of Missouri. Is that normal? Our case status on the USCIS website still only says "Fingerprint Fee Received," the same as it did when we first got our NOA1 back in January.

If we do get our interview waived, what exactly does that mean. We don't have an interview now, but will have one for sure when we remove conditions? We just get a two year green card in the mail (we've been married less than two years)

My final question is my biggest one:

At the next interview, whenever that happens, will they ask us about our income? I've kept careful track of everything we share together, joint bank account statements, pictures together, receipts and such from our wedding, our joint taxes, a joint lease and so on, but I'm still worried about whether or not they'll ask us about the income requirement during our interview.

At the moment we make more than enough to meet the requirement, but in a year, I am required to do one year of unpaid internship to complete my graduate school training. We will be receiving and stipend and our rent is covered, so it's not like we'll be applying for aid; but I'm worried about them checking on our income during this year and it causing problems for us because we'll be below the income requirement. (We'll still be living together, and sharing all assets and such together, of course)

Does this sound like it's going to be a problem? I know it's kind of complicated. But I'd really, really appreciate any advice or wisdom you all could offer.

Thanks so much everyone!

Blessings

Megan and Tee

Has anyone who got an Interview Waiver Letter heard anything? I'm getting nervous. I've heard terrible stories of people waiting like, 5 years for their Green Cards. Should we be nervous we haven't heard anything? Does a Waiver letter mean we still might not hear anything for 6 months? Or more??

We got our interview waiver letter, dated June 11th. What do you all think? Is this most likely going to mean we don't need to do an interview? Why can't they just say one way or another?

Hi VJers!

My husband and I have kind of a complicated situation and were wondering if anyone can help. We might need to go to an immigration lawyer. I'm kind of at a loss.

When we first got married and filed for AOS, I didn't think it was possible to do a name change because of how complicated our name change would be.

My husband's legal name is a name the Cambodian govt forced him to buy, thus though we use it on all his legal paperwork, he still goes by Tee (the name is mother gave him)

I want to change my name to Megan "Tee", but was told that I can't change it to Megan Tee unless his name was changed. But during AoS, I didn't know it would be possible to change his name back to Tee, so we submitted all our AOS paperwork under the name the Cambodian govt forced him to buy.

Now that we've gotten our heads on our shoulders and have had more time to think about it, we'd really like to figure out how to change both our last names to "Tee."

But if we want to change his name after we've already filed for AOs, is that going to be massively complicated? The Social Security office said I can't change my name to Tee until he does. But how can we change his name after we've filed for AOS? Thoughts VJ family? Thank you all so much.

Hi all!

We're joining this forum a bit late, but we sent in all of our stuff in late December and got the notification January 5th that everything had been received.

Biometrics and everything are done, have the EAD and AP, but still waiting for any word on our Green Card. Has anyone else had their case completely silent since it was received? We haven't even heard if it was transferred anywhere.

Hi Megan and Tee,

Thank you very much for your reply. Yes, that helps a lot. I think the embassy changed their system last December, they no longer want I-134 and 169 sent in anymore. They want us to present those during the interview. I think. I will call them to confirm once I get the notification from NVC. Thank you very much. I am sure I will need help again as it gets close to the interview, thank you for your help. Right now, I am just waiting for NVC to notify, then I will start collecting my supporting docs for I-134. I also plan to go in for the interview with my fiance in Phnom Penh. Do you have any suggestions? I read your interview post too, it looks like early morning till afternoon - all day event. I am excited and nervous at the same time.

I only need packet #4 right? to bring to the interview with me. For my fiance, she will have all the docs on the checklist 169. I think that should be ok. I just want to be able to schedule the interview soon, so I can plan the trip there, buying plane tickets, etc.

I remember hearing that from another couple that just interviewed. I think you're right; they don't need to see the I-134 until the day of the interview. I'm so glad you can go with your fiance! That is wonderful! Tee and I were really glad we could go together, to support each other on that day. The interviewer even let us stand together as he was interviewed, as long as I let him answer all the questions. My only advice is to stay calm and answer all the questions as clearly as you can, with confidence and smiles. We were SO nervous, but tried to appear as calm as we could. (We also held hands while he interviewed us which helped)

My other advice would be to dress super sharp. I really think it helps add confidence and professionalism to the application. We also took all the staples and paper clips out of our application, but I'm not sure they're still asking people to do that. Sending lots of prayers and blessings your way. Keep us posted and let us know if you need anything!

Blessings!

Megan and Tee

Hi Megan and Tee,

Thank you very much for your reply. Yes, that helps a lot. I think the embassy changed their system last December, they no longer want I-134 and 169 sent in anymore. They want us to present those during the interview. I think. I will call them to confirm once I get the notification from NVC. Thank you very much. I am sure I will need help again as it gets close to the interview, thank you for your help. Right now, I am just waiting for NVC to notify, then I will start collecting my supporting docs for I-134. I also plan to go in for the interview with my fiance in Phnom Penh. Do you have any suggestions? I read your interview post too, it looks like early morning till afternoon - all day event. I am excited and nervous at the same time.

I only need packet #4 right? to bring to the interview with me. For my fiance, she will have all the docs on the checklist 169. I think that should be ok. I just want to be able to schedule the interview soon, so I can plan the trip there, buying plane tickets, etc.

Oh! And yes, to the best of my knowledge, you only need packet #4 and your American Passport. They should give you lots of time between your interview date and when you find out to book the ticket. Did you know it's sometimes cheaper to book on a Tuesday? Don't know why this is. Best wishes!

Hi Tee and Megan,

I am currently waiting for NVC to get my petition and process the case. I have a question regarding I-134, you said fiance in Phnom Penh has to send that in along with DS-160 confirmation page and form 169 checklist right? So I am currently in Austin, so I fill out the I-134 and DHL it to my fiance in PP? So she can send it into the embassy? What did you do in your case? Did she just drop it off at the embassy? I don't really trust the postal service in Phnom Penh. Please help. Thank you very much.

On the checklist 169, it also says don't send anything in except DS160, Im a bit confused.

I am not sure if they are still doing this; but when we were applying, they wanted me to send in my financial info (the I-134 and accompanying documents) prior to the interview. Thus, I sent that in on my end, and Tee sent in the DS-160 an the checklist on his end. We sent the documents in separately.

As far as we know, they won't let you drop them off (Tee went to the Embassy to ask the same thing) You have to send them in. We used DHL for the speed and safety. (I know its a little more expensive, but we wanted to be sure everything arrived safely and they have a pretty good track record) We also didn't trust the post in PP, so that seemed to be the safest way to get it done.

For the Form 169, we checked every box that applied to us and signed it, even though we didn't necessarily have everything done when we sent it in (you can't do the police record and medical check too early because the forms expire within three months)

Does all of this help? If you need anything else, please let us know! Happy to help!

Megan and Tee

Hello all;

My husband and I were contemplating saving up to go with study-abroad experience my graduate studies program is offering next January. My husband should have his Green Card by that point (we would hope) and were wondering if the travel would affect any of the rules and constraints of the GC.

The trip would last about three weeks. We would get to travel all over India! (a huge dream of mine) We do have his AP document as well, if the GC really does take as long as it seems to be taking.

Any thoughts on this?

Hi All,

My husband and I filed for our Green Card on January 06, 2015; and though we've received his EAD card and AP, we've heard absolutely nothing about our GC. Aren't they supposed to at least transfer it out of the Missouri Benefits Center? We haven't even had that notification yet. Should I be worried??? Is anyone else in this situation with us?

Thanks so much everyone. The commiseration and collaboration really helps.

Megan and Tee

Hi all!

My husband and I are wondering about extending his Cambodian passport? We are thinking about sending it to the Embassy in Washington DC, but not sure how long that takes, how much it costs, how to pay, or if it is safe. Any ideas? We've called them a bunch of times to ask, but they never answer their phone, and their voicemail box is full.

Thanks everyone!

Megan and Tee

This is correct. My husband elected me as a resident alien for 2014 even though I only got my green card in Feb 2015. We filed jointly, and used Exemption C.

We had a CPA do our taxes for less than $300, and it was absolutely worth every cent. We got into a lower tax bracket and had a sizable refund.

I was so worried that I'd have to pay the penalty since I was uninsured for 2014, but according to my CPA, we could claim a full-year exception on Form 8965 for myself using Exemption C, and I wouldn't be subjected to any penalty since we filed as a household.

I'm not sure if it'll apply to you as well, but I would suggest going to a good CPA who can help you with it.

Thank you so much sophiesworld. I had my Aunt prepare this because we were so confused (my first time filing taxes not being a dependent, having a fairly good job, being married and so on); and I think she already put down exemption C for us. I'll try to get him health insurance for 2015 as soon as possible. Hopefully we won't get too much of a penalty for 2015 (or can we claim Exemption C until he gets his GC)

Did you have to have an interview with your AOS? Did they ask you about your taxes at all? Thanks again, everyone!

Taxes and immigration are two different things. Legally your husband is considered as a non-resident alien until he has his green card. But when filing taxes, you can choose to elect for him to be a resident alien for tax purposes. You need to make this election in order to file jointly with him.

Ok here is your reference:

Publ. 519 U.S. Tax Guide for Aliens http://www.irs.gov/pub/irs-pdf/p519.pdf

Look at the bottom of page 9 where it says Nonresident Spouse Treated as a Resident:

If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other spouse is a nonresident alien, you can choose to treat the nonresident spouse as a U.S. resident.[...] If you make this choice, you and your spouse are treated for income tax purposes as residents for your entire tax year.

In other words, by being married to a US citizen you can be considered a resident alien for tax purposes.

I really appreciate the responses and research. I've read this before, but helps to see it again. If I claim him on my taxes, then the idea would be we need to pay the penalty and not use the IRS agent's advice to put exemption C?

Thank you all so much for the responses. Suki, he does have an SSN and just got his EAD; does that change things?

I am not a tax accountant. But...a K-1 visa is NOT a residency visa. It is a temporary visa and is only good IF you marry within 90 days of POE AND file AOS. Therefore, I think Exemption C is exactly the right thing for 2014 for your husband. While he is lawfully present in the US under the K-1, he is not a Legal Permanent Resident (LPR) for 2014 (as I understand the immigration law). If you wish to feel a little safer, you could file Married, Filing Separately (if it doesn't hurt you money-wise) for 2014.

Sukie in NY

Thanks Suki! That is what the IRS agent seemed to think too. Even though we married and filed for AOS within 90 days. His argument was simply that my husband is still not an LPR and not a USC, so he's just not eligible for health insurance. I'm still nervous because I don't want to file taxes and have whoever receives them think that he's illegal and have that somehow get back to the USCIS (because we followed ALL the rules for AOS). Sigh. I thought about filing separately,but I thought it would be good to have "married, filling jointly" taxes to show at our AOS interview

Good morning VJ community,

When my husband (then fiance) arrived in the U.S. on October 18th, 2014 on a K-1, I called the Health Insurance Marketplace (not knowing much about taxes or insurance) to see if he was eligible for healthcare and if we'd have to worry about the penalty (I have health insurance through my mother for another year or two).

I was told by two different employees on the Marketplace hotline that he wasn't eligible for health insurance because he didn't have a Green Card yet and not to worry about it until he received his GC. Thus, not knowing anything about Exemption Certificate Numbers or taxes, I just left it at that, thinking we'd get him insurance once his Green Card came in the mail. (We filed AOS back in January but still haven't heard anything about his GC yet)

When I went to file taxes, claiming him on my tax return by filing "married jointly," I was told by the MarketplaceI needed to fill out form 8965 to claim him as exempt from health insurance and to avoid the penalty. However, despite their having told me he was exempt from having health insurance until his Green Card came when I called before, this time when I called, even after being transferred to the Advanced Solutions Center, they couldn't give me any answers or tell me how he was exempt. They told me to call the IRS.

I called the IRS and they too, had to send our case to some "Advanced Solutions Center" because they didn't understand what a K-1 visa means or the GC process of AOS from a K1.

When the IRS got back to me, they said he was qualified for an exemption because he wasn't a USC or Permanent Resident yet. They called this Exemption C. I asked them several times to clarify that he was exempt under this provision, I think I was also clear to stress that he is indeed here legally, (in the past one of the health care navigators seemed to think I was trying to apply for health insurance for my illegal husband) .

But when I went to look up Exemption C it says this:

• A resident alien who was a citizen of a foreign country with which the U.S. has an income tax treaty with a nondiscrimination clause, and you were a bona fide resident of a foreign country for the tax year; or

• Not a U.S. citizen, not a U.S. national, and not an individual lawfully present in the U.S. For more information about who is treated as lawfully present for purposes of this coverage exemption, visithealthcare.gov.

I don't think Cambodia is under the nondiscrimination clause as far as I know, but he is lawfully present, so now I'm thinking this exemption doesn't apply to him either and the IRS agent wasn't aware that a K-1 is a valid, legal visa and he will be a valid resident of the US when he gets his GC.

What do you all think?? I know this is a super long post,and I apologize. I'm just so, so frustrated. I would've gotten him insurance, if I had thought he was eligible, but I trusted the Marketplace and by the time I started to question their assertion that he was exempt, the Marketplace had already closed.

Should I trust the IRS agent and put down exemption C? or should I just give up and pay the penalty for this year and try as hard as I can to get him insurance as soon as possible (despite the fact that his GC probably won't get here for another two months) ?

thank you all SO much

Megan and TEe

Federal marketplace will accept NOA (797c receipt) for I-485 or NOA (797c receipt) for I-765 for qualification purposes if you do not apply for a tax credit ( manually say no tax credit sought or say married filing separately so you don't qualify for it).

You said husband arrived October 2014 on K-1. You said EAD last week in 2015. So with no green card in 2014, substantial presence test applies for 2014. Oct, Nov, Dec around 90 days + 2014(days) + (2013 days / 3) + (2012 days / 6) .. is it greater than 183 ? If not and no green card in 2014, then he is NON RESIDENT ALIEN in CY'2014. You could file Married Filing Separately. List spouse name in name section (USCIS will expect it there). For social of husband, write in NRA. (Note than this prevents electronic filing and NRA is normal procedure but not supported in efiling systems).

Alternatively, as was referred to above, you can elect to make him a resident for tax purposes. Be ready for what that entails as his worldwide 2014 income would then have to be disclosed on the return. For many, this is not worth it.

Remember that as far as exemptions go, all parties claimed as exemptions must have SSN.

Good luck.

Thanks so much for this info! So, what you're saying is the Marketplace was mistaken, he's not actually exempt and we will probably have to pay a fee?