rs56164

My wife recently returned from a trip to China. While there she got a prepaid visa card from the bank of china (USD). Her plan was to purchase a new car paid in full.....The car dealership could not accept more than 3500.00,from the card. some law restricts the amount. The salesman assured us if we financed the loan, we could pay it off using the prepaid visa card, so we agreed... Chase bank financed the loan and we can't even use the dam credit card to make a single car payment much less pay the loan in full. My bank in TN has been no help at all. Any one run into this situation?

Thanks

She is not your dependent. Spouses can't be dependents. You can however choose between Married Filing Jointly and Married Filing Separately, whichever works best for both of you.

Correct...she had no income so I would assume filing jointly would be the best route

Thank you

I'm probably posting this in wrong location...I'm a US citizen. My Chinese wife and I were married in July 2012. We did not get her Greencard or SS# until this year. My question, can I claim her as a dependant on our 2012 Federal Tax Return?

Thanks

If you are just married you don't have to include too much evidence in your initial AoS submission. What you have listed is sufficient - in fact, I wouldn't bother with the affidavits from third parties.

Collect more and better evidence to present at the interview, preferably of financial comingling (joint bank accounts and credit cards, utility statements in both names, naming each other as beneficiaries on life insurance and retirement accounts etc).

Hey guys,

been on & off here a couple times in the past. I'll try to make it brief :blush:

I came into the country legally on an F1 in 2006. Graduated in 2011. My wife & I have finally saved enough money to adjust my status. I fell out of status over a year ago when my OPT got denied for being (1) day late in responding to an RFE.

We went through the list of things we need to establish that our union is infact true, and want to have as much as we can. We're young and don't own much but we were banking on her lease and this years tax return to support our petition.

This morning she filed her taxes using Turbo Tax. We noticed on the computer screen that it said that IRS rejected our return because my d.o.b doesn't match with what they have in their records. (We filed jointly, even though she makes all the money. We were told this was perfectly normal). So we contacted SSA (Social Security) since IRS said the error was from them. And low & behold their site asks for proof of "immigration status" to correct birth date errors. We tried calling, but their offices in Ohio (where we live) close at 12pm on Wednesdays.

So here's my question, how do i fix this d.o.b issue when i'm trying to adjust my status ? I'm sure this issue will rear its ugly head down the line no matter what, but what are my options ? Do i pursue it now, or file in hopes that when my application gets in I'll have some documentation that'll help me sort it out ? Is that even feasible ?

Now, I make no excuses for my overstay. Mika & i love each other, but we're both feeling very uncertain right now.

What would YOU do ?

Go to SS office with proof of DOB. You will need birth certificates for you and him for AOS filing. Did you not supply birth certificates already?

photos of venison jiaozi are always appropriate, but it must be ones you've cooked, la.

LOL she makes very tasty dumplings, haven't tried with deer meat yet. I used to be an avid hunter, but not so much lately. I will get some venison from my brother on our next visit.

Yay ! so just a data error with uscis. ug ug. They have been making more of those, last quarter and this one.

NOW you can relax, la.

Go Cook Something, to celebrate, aye?

Thanks Darnell, I can't thank you enough for the information and wisdom you have provided us throughout this process!!!

RS

It definitely sounded like a glitch because a few people got the same message, glad to hear u were approved

Thanks Greenie

eh - the magic question will be 'whats the status of my casefile?'

and that's it...

i say do try once more - doesn't have to be tonight, but sometime this week.

We spoke with 2nd Tier USCIS officer today and he saw nothing wrong or pending with our case He was also very friendly!

Thanks

hey ! one less thing to worry about !

Hang in there !

Thanks Darnell, I was planning to call USCIS tonight, but after further thought, I think I will let the sleeping dog lie?

UPDATE...We received wife's green card in mail yesterday, but I'm still concerned. Called USCIS on Sat and he said I would have to talk to tier 2 which are not available on weekends. I should be celebrating by I'm still worried.

wei - how did you receive the usps tracking #, exactly ?

Its posted on the USCIS website when I check our current case status. We also received a tracking number when the EAD card was mailed.

I have heard of this happening before in a past case. It likely means the approval is being reconsidered and in fact USCIS is getting ready to deny the case due to new evidence that they have found for whatever reason. The greencard that has been mailed would be revoked due to the new decision. You should contact a lawyer immediately.

It also could just be a random message on the website as it has problems sometimes. If I were you though, I would call a lawyer.

This text was present under the post decision activity (same text as NOA) and the case status changed to document/card production. Today we received the USPS tracking number for her Green Card. If they were going to deny the case, I doubt the case status would have changed and the card would not have been sent. I will call them when I get home.

Well, it is faster to update stuff on the internet, than it is to get a letter that was mailed by the post office. So I am guessing that they mailed you that letter before issuing the green card. So the "further review" that needed to take place probably happened while the letter was still in the mail, and therefore, the issuing of the green card update (online) and the receiving of the NOA happened at the same time. That's my opinion.

But in all honesty, who cares what it means, your wife is getting a green card, that's all that matters

Yes, I agree completely...but why would we receive an approval notice with that text included? makes no sense. She is either approved or not

Thanks for the reply

My wife and I had her AOS interview last week and were approved on the spot. Yesterday we received I-485 and I-130 NOA approval notices along with the welcome letter. Whats strange is the I-485 NOA Approval also says "After review, we have reopened the above application or petition. or reconsidered the decision previously issued. You will receive a notice under separate cover once all action has been completed."....Today the USCIS website status states her Green Card was mailed today....I'm confused...has this happened to anyone else? Makes no sense why they would mail the greencard if our application was under further review.

Thanks

Congratulations!! Wow, 4 months! I hope mine get processed that quickly

Provide complete/honest documentation to USCIS and you should be fine

Leaving is the worst. Glad it worked out.

Thanks my friend...I like your signature. True words of wisdom

Congratulations to you and your Lau po! Just out of curiosity what did your wife adjust from?

Thank you so much! We adjusted from B2..I could not bare letting her leave again, so I popped the question and thank god everything worked out

My wife and I attended her AOS interview today and we received the approval letter on the spot I've been stressing over this for weeks. I want to thank everyone on VJ for all your help! We would not have gotten through this without you. I will post our timeline once I calm down LOL, but basically the I-130, 485, 765 were received by USCIS on Oct 1st 2012. We received an RFE and supplied requested info within 2 weeks. EAD card received the middle of Dec. We received notice of interview the end of Dec. The questions were straight forward...She asked my wife her full name, had she ever been married before, all the y/n questions on I-485, our address...she messed up the zip code LOL,asked her the date of our marriage, what type of visa she came here on . She asked me my full name, how we met, when we first met, She asked me if we had planned to marry when my wife visited for the 2nd time...she said I supplied good initial evidence and if I had anything else. I showed her my wifes EAD card, SS card, debit card in her name, bank statement with both names (just received our first statement 3 days ago ) I showed her a few more pictures, she asked to see our marriage certificate....thats was it. She printed out the approval letter and kept my wifes I94 and said we should receive the GC in about 2 weeks....The whole process took about 4 months. Now I'm waiting to see the approval show up online, then my wife and I can restart our life without having to worry about the possibility of being separated.

God bless and good luck to all of you

If you have clear documentation of a legitimate relationship and act as a couple in front of the officer you will have no problems. If your wife doesn't speak English well, you have no evidence of life together, and she is 30 years younger than you...well, you might have some tougher questions but that is still not a game breaker. Just make sure you have everything in order and that you are both on the same page with your life stories and you will be fine.

She is not exactly fluent in English so we are taking a Chinese friend along to act as a translator if needed. I don't think she will have a problem with most of the questions. Thanks for your reply

What visa status is she adjusting from? K-1? If so, and it wasn't a red flag for her K-1 interview, then it's not likely to be a red flag. In any case a lot of people meet and start relationships on the internet. AOS interviews are for proving your marriage is for real and that you both aren't circumventing immigration laws. Good luck!

She came here to visit me on a visitors visa on two separate occasions and we met in person for the first time when I visited her in China. She's been to the US 4 times total and made several trips to Europe. We had no plans of getting married but it happened. I didn't want her to leave again. Our marriage is very real and we are both very happy.

Thanks for your replys

My wife and I have our AOS interview next week. I'm so stressed and full of anxiety I can hardly function. We have good documentation for our interview. My concern is we met on the internet. Is this a big red flag to USCIS? I would think it is very common especially since she is from the other side of the world. I need some encouraging words.

Thanks

Glad to hear the reply. To know one thing that I came to U.S. on a tourist visa too. And there was some topic before where someone totally disagreed with me claiming people with B2 to marry is simply immigration fraud and claiming that the beneficiary is spending the taxpayer's pennies. While I disagreed and I even asked my husband to send a very formal reply. That's why I was somewhat concerned about your case. The reason I sent you message was because I want to remind you guys of the cold truth of it. But now everything seems good after your explanation. A true love is not defeated by excuses. We all abide by the rules. Happy holidays my friends!

Happy holidays to you as well

It's not me who considers your case immigration fraud. I was trying to remind you if she came with immigration intent, your case will be considered that way. But if she came here with no intention to marry, that's good for both of you. Also when she applied the visa, the visa officer could probably ask her if she knows anyone in states or if she has a bf in states, she cannot lie on those questions. No lie is the rule. It will be good that you guys are following the rules. Good luck.

There was no intent. My wife is on her second U.S. visitors Visa. She has visited friends in the U.S. before I ever knew her and returned to China. She's visited me and returned to China. On her last entry she indicated to the officer that she was here to visit her boyfriend (ME). The officer had no concerns and there were no lies told. If there were intent, we would have gathered all the needed docs from China before she came here instead of keeping Fedex profits up.

Well as you mentioned, if you and your wife already knew each other before her recent visit, it will be considered immigration fraud for your case. So your focus right now cannot be only on the notarized b/c of the family member, but also how will you and your wife convince the immigration officer that your wife didn't have immigration intent upon her recent entry. Just to remind you of it.

We knew each other and visited one another several times. There was never any intent to marry. My wife had a good life in China. We fell in love and I asked her to marry me...plain and simple. I didn't want to be apart again. I don't understand why you consider this immigration fraud?