Galilea

Today we got notification for interview: April 8th

I also got my EAD & AP combo card yesterday!

This is what USCIS considers a "certified" translation. You don't need a professional to do it. You, or someone you know who is fluent in both languages, can do it: (copied from http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextoid=ff053d146a7ee010VgnVCM1000000ecd190aRCRD)

Please submit certified translations for all foreign language documents. The translator must certify that s/he is competent to translate and that the translation is accurate.

The certification format should include the certifier's name, signature, address, and date of certification. A suggested format is:

Certification by Translator

I [typed name], certify that I am fluent (conversant) in the English and ________ languages, and that the above/attached document is an accurate translation of the document attached entitled ______________________________.

Signature_________________________________

Date Typed Name

Address

I also read " J1 Visa holders will almost always require a waiver and should consult with an immigration lawyer or the USCIS for more information. If you have any doubt, consult an immigration attorney." Why would we need a waiver and what kind? The USCIS office is booked up unfortunately.

Check your husband's passport (Visa page) and DS2019 document and see if it says anywhere that he is subject to the two year rule. I also had a J1 visa and I can read in it: BEARER IS SUBJECT TO SECTION 212(E). TWO YEAR RULE DOES APPLY.

The two year home residency is a condition of J visas. You need to remove it before filing for AOS by requesting a waiver. Check this link for info about how to: http://travel.state.gov/visa/temp/info/info_1296.html

Interview letter mailed out today. Interview on March 7th.

Yay! Nice to see how everyone is making progress!

Judging for your timeline, it takes around two weeks (since you see the case status change on-line) for USCIS to schedule the interview and notify you by mail. It looks that they let you know about a month in advance. Based on that I think our interview will be around mid-March.

I've just read the thread where you talk about the RFE you got. Before leaving Spain, I made sure I got the long/complete version of my BC, so I'm not worried about that

Glad someone can benefit from the advice in my RFE thread! Mucha suerte!

Hi! I thought I would post about my RFE reply. Just to be on the safe side, we requested an info pass appointment. The agent that reviewed our paperwork couldn't understand why we had gotten the RFE, and said that the he would have accepted the birth certificate we originally submitted... Ha! That was helpful! Maybe they did lost the one I sent!

Anyway, we sent copies of both my short and long BC along with translations and certifications (by a friend fluent in both Spanish and English). Our USCIS case status on-line changed today to Testing and Interview! Yay! Waiting now for an interview date.

Thank you very much to everybody who shared their opinion!

Our USCIS case status on-line changed today to Testing and Interview! I'm guessing the interview will be early to mid March.

I also did the BC translation myself, but, in theory, it needs to be certified (following the format you already posted above) but someone other than the applying parties. So neither you or your husband. We asked a friend who is also fluent in both languages to check the document and my translation and she was happy to sign it. I would comply with this step. We followed all the rules and still got an RFE because of the BC, just saying. By the way, as they've told you, a photocopy should be OK.

Send the long version and an English translation of it. No need to pay for a translation service. This does not make it better or safer, since it is not required by USCIS. All you need is someone fluent in both languages, it can even be the USC or foreign spouse themselves. My husband did his own with no problems. You just need to include the 'Certification by Translator' : http://www.visajourney.com/content/translations

Taken directly from this USCIS page: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ff053d146a7ee010VgnVCM1000000ecd190aRCRD&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1RCRD

Thank you for your advice. For what I'm learning, the RFE may have to do with the short version of my BC. I really don't think it's related to the translation as we followed the USCIS instructions that you mentioned ('Certification by Translator').

According to their website they want the following from Spain:

http://travel.state.gov/visa/fees/fees_5455.html?cid=9740

Is that the one you sent?

Definitely. The problem is that Spain gives two different BC types, so I may have sent the wrong one.

The birth certificate must include the names of both of your parents.

Canadians also have 2 types of birth certificates, one with the parental info and one without. Immigration requires the one with parental info.

What does the certificate you sent have on it?

Hi Hikergirl!

Thank you very much for your reply.

The certificate I sent only includes my parents' complete names. The rest of the information refers to me.

The longer version, which is a copy of the original manuscript page, has also my grandparents' names, my parents date and place of birth, their marriage date and place, their address at the time of my birth and some other official annotations.

It sounds like USCIS may want this last document. What do you think?

Finally, yesterday we got the RFE letter. We had seen online that it was sent on 12/20 and it really startled us to find out what it was about: "Submit a copy of the applicant's foreign birth certificate issued by the appropriate civil authority (...) and an English translation".

The funny thing is that we sent my BC back when we filed in December. We actually included 2, an original and a copy along with the English translation and the translator's (a friend fluent in both Spanish and English) affidavit.

What makes things worse is that the RFE doesn't say what they need to see: did they lose my BC or did I send an invalid one?

So, the one I sent is a multilingual, short version provided by the Dept. of Justice in Spain, with its official stamp and signature. I was also given a longer document, which is basically a copy of the manuscript page where my birth was recorded. I did not send this one. Now I'm wondering if I should send again the short, multilingual version along with the "manuscript" copy or if there is something else I'm missing here.

Doing some research I have read that some people get the translation notarized or done by a certified translator. Is this necessary? Also, other Europeans mention the Hague apostille for the BC (mine doesn't have it).

Anyone else got an RFE for the same matter? What kind of BC did you send? Thank you very much for your help!

Me again. You may want to check these links:

J-1 waivers: My link

AOS process:My link

Hi jasonh7575!

I am myself immersed in the process of adjustment of status through marriage from a J-1, so I can tell you a little about my experience.

The only problem we found trying to file for the green card from a J-1, was that my visa was subject to the two year rule (section 212-E), which means that if your girl gets this rule, she will need to get a waiver, otherwise she will need to leave USA for two years before applying for AOS. It wasn't difficult for me to get the waiver, but it took some time. The waiver can be requested under several bases. I did mine through "no objection from home country", which meant that I had to contact my country's US embassy to send a "No Objection Letter" to the US Department of State. Apart from this letter, the waiver application requires some paperwork, a personal statement and a fee of $215.

Not all J-1 visas get this rule, so if she doesn't have it, it's a much easier process and you could file for AOS once you marry and while she is still on her visa. And yes, she will be able to work once married as far as her visa is still valid, otherwise she'll have to wait to obtain her Employment Authorization Document.

You may want to research K-visas to learn about another possible way to bring your girl to USA.

Let me know if you have any questions. Good luck and happy 2013!

I just had my biometrics appointment today! Nice and easy: in at 8 a.m., out by 8:40. Hope the rest of the process is as smooth!

Happy New Year everyone!

I am on H1B visa and we were in a long distance relationship for over two years. We got married in December.

Hi!

My husband and I are in a similar situation: we married in June and we are living apart in two different states as I'm in my J-1 final year.

We are also concerned that not living together may add difficulty in our application. I keep seeing in visajourney that we'll need to present proof of our "commuting marriage": travel documents, bills, pictures, etc. I also think that having working visas will make our cases easier to understand: the interviewers have seen many other similar cases and they will know that we just want to be "reunited" with our spouses.

We just applied for AOS and EAD on 12/5. Keep in touch and perhaps we can help each other through our experiences.

And congratulations in your marriage!

Hi everyone! Here is another December filer! Got our NOAs today in the mail. Good luck and happy holidays!

Hello everyone!

I'm a current J-1 visa holder (currently employed, visa expires June 2013). I married an American in June. We are filing I-130 and I-485 concurrently this week. I got my two year rule waived. I received an I-797 from USCIS informing me of approval of the waiver back in September. Do I need to include it somewhere in the I-485 package? I can't find any information about it and we are thinking of including it, as it won't hurt. Since USCIS knows of the waiver, we are wondering if it's even necessary to address it in our petition for AOS.

Thanks!