callmekay

My friend is currently in VN with his daughter.

They are scheduled to return to US this week, but when they went to the airport they advised him that only he is eligible for travel and his daughter isn't.

They filed for ROC and they got a letter of extension, but it only lists his name and not his daughter's name.

He's now being told to contact the US embassy to inquire why his daughter did not receive the extension for her green card when they applied for ROC together.

They both were requested to get biometrics done when the I-175 was processed and now he does not know what to do.

His wife and he are separated and Im helping because he doesn't know English very well.

Is the daughter stuck in VN? Anyone have any experience on this?

Thank you

I have two kids.

My husband has one.

In part 5 do I list all three of the children? None of which are from our marriage, but his daughter is also filing for ROC.

Both my husband and daughter received their GC 08/2014 but my stepdaughter had to get her corrected and it didn't come until October. So do I go by the first GC date or the correct one when it comes to filing ROC?

If his daughter is his dependent then he absolutely is eligible to claim her. All he has to do is file the application for the ITIN.

I'm not at the ROC stage yet but I'm pretty sure one of the conditions/requirements is that you have been living together. Unless there's an exception to that, I'm not sure.

We are legally married but things have been up & down between us since I had a lot of personal life changes. We were living together but currently we are not living together.

OP, I just realized both you and your spouse have your own children. That changes things a lot - following are the regs.

If you were still legally married as of December 31, you are considered unmarried (and therefore eligible for Head of Household) if all 5 of these conditions apply:

1. You won't be filing jointly with your spouse; and
2. Your spouse didn't live in your home after June (temporary absences due to illness, school, vacation, business, or military service don't count); and
3. Your home was your child's, stepchild's, or foster child's main home for more than half the year; and
4. You paid more than half the costs of keeping up your home during the tax year; and
5. You meet the qualifications to claim the child as your dependent, even if the other (noncustodial) parent is actually claiming the child as a dependent on their return.

You can also be "considered unmarried" for Head of Household if your spouse was a nonresident alien at any time during the tax year and you're not treating them as a resident alien.

Married filers who are "considered unmarried" cannot file with Head of Household status if their dependent is somebody other than a child, for example a parent.

Legally he is registered at my house. His permanent address is at my address, but physically he has not been living with me. I'm not sure if he and I are both eligible for HoH since we each have our own children and we have been living apart. His daughter has her green card but no social security # or TIN as of now. We may need to get her a number if he is to claim her.

I suggest reading the following about HOH and marital status:

https://www.irs.gov/publications/p17/ch02.html#en_US_2015_publink1000170792

I have read it and I do qualify for HoH. I am just unsure if he needs to be MFS, single, or HoH as well since he has his daughter.

Per my understanding if I file HoH he is ineligible to file MFS since we would be "considered unmarried"

Thanks for the response. I've talked wit him about it. He's up for ROC in May and we were unsure of if filing HOH would hinder his paperwork in the long run. I'm not sure if he's able to claim his daughter yet cause she doesn't have Ssn or TIN yet either. But if i was to claim HOH and he claims MFS would that work for his ROC?

I am the USC and I have 2 children. My husband has one child. He came over on K1 and we married June 2014. AOS was done and conditional GC was approved in August. For taxes 2014 we filed joint. However, for 2015 things are currently going up and down in our relationship. Legally he is still registered at my house, however, physically he has not really been home

Taxes are to be filed soon and according to HoH I have to be considered unmarried. Since he has not been living at my house (even though he's registered) Is it possible to file HoH and if things begin to get better (which hopefully it will before we file ROC) I just do amend? Or would I need to file MFS?

I'm going to assume if I file for HoH his return would need to be MFS? Or would he also be able to do HoH since he has his daughter too?

I havent seen another situation like this so unsure of what I need to do. Any guidance or assistance would be greatly appreciated. Thanks in advance

My stepdaughter's GC has her last name wrong and I was informed by USCIS representative to fill out i-90 form.

Question 5a asks for Destination in United States at time of Admission.

is it asking for where they were admitted when they entered the United States such as the airport?

Thanks in advance

Why not contact a tier 2 IO when calling the USCIS to ask about your case status? They should be able to tell you if their a mistake. There would be no need for an RFE on the I-864 if they already approved and sent out the green cards. You would need an approved and valid I-864 in order to have the green cards approved.

I contacted them before and the only thing they could tell me was "Please follow the instructions in the letter" so I'll just update with the missing information and send it in.

Thats why I was confused when they approved them for the GC.

That's what I assumed they meant. But they requested for RFE. But yet gc was approved.

Do I still need to submit RFE? Or was that a mistake?

I forgot fill out a section on the i-864 form and they sent me an RFE for the form with my filed tax papers.

When i initially filed I was making sufficient income, however, I have had a change of employment that makes me insufficient to support our family. My father in law is willing to become a co-sponsor and my husband is also working.

I'm kind of confused as to if I am able to use my husband's income as part of my income since we are in the household.

I am also confused that my husband and stepdaughter received their GC recently. I applied for EAD and AP as well but received notices that those two applications are terminated since status is acquired.

Does that mean that since they've received their GC they do no need a separate EAD or AP?

Any assistance would be greatly appreciated. Thank you

My fiancé arrived in the US on May 18 and we married on June 2.

Initially when the i-129f form was submitted I was the only sponsor for him and his daughter.

As of this month, I have had a change in employment and my income is possibly no sufficient to support our family of 4 (we each have a daughter). When I filled out the I-864 form I was at previous job and was making enough to support our family. We received a RE and it states that the I-864 was submitted but not by the petitioner as well as the person on page 1 & 3 were not the same person. I went back and looked at our paperwork and sure enough I did not fill out the section on the sponsor for page 3 (all these forms started to blend for me when I was filling them out!).

My question is when I filled out the first i-864 I had sufficient income, however now that I don't have sufficient income and will need a joint sponsor do I submit as part of the RE or do I wait for them to call me? This is all starting to get so confusing...my head is hurting.

Another issue I found was that my stepdaughter's last name. She has a different last name than her dad and while filling out the forms I did not change her last name so it is under his last name.

I've read on VJ that I should make an appointment with INFOPASS and bring documentation showing the correct name and when I called USCIS customer service center the rep advised me to write a letter about the name change and mail it to the office on the receipt. I'm assuming its the local office but I have to double check.

Can someone assist me in this...I'm not sure if I need to do the appointment or just mail in the letter or do both! Sorry for the long post but thanks in advance for any assistance.

Kay

Hello,

I am USC Petitioner and currently pregnant.

My husband and stepdaughter came over with K-1 & K-2 visa and we recently submitted the AOS packet.

I have a 6 year old daughter.

My income is sufficient and meets the requirement for a family of 4 since my unborn child is not included.

On the same count, my unborn child makes me eligible for WIC, which for a family of 5 income requirement is 51k. I am no where near that amount.

If I apply for WIC will that hinder my husband's application for AOS?

I did a search but the most recent response was last year so was just looking for some additional information.

Thanks in advance

i mailed our packet out on June 21st. Still no word

Fingers crossed for after the July 4th holiday...But hopefully we will hear something before the one month mark.

Ok one more silly question, the visa expires 90 days after arrival, and it takes 4-1/2+ months for the green card, does the receipt for the I-485 serve as a temporary visa extention??? how does that work???

did you send in three different notification forms for each of the forms? or just one?

I am in the process of getting my husband's AOS paperwork together and wanted to know,

once he receive work permit will his income be counted towards the income requirement for the i-184? Or would only my income be considered?

Thanks much

If the sponsor is pregnant is the sponsor eligible for medicaid?

She needs SS also.

Passport type.

I'm not sure how I go about getting her a ss#...shes only 9 so I'm not sure how I am to get EAD for her to get ss#. How do i register her for school or get her health insurance? this is kind of starting to get confusing. lol

Currently waiting for his ss card so we can get our marriage license.

You can get a SS# for a K2 when they get their EAD (if you applied for one for them) or when they get their GC.

my stepdaughter is only 9...How do I get an EAD for her? just file for it even though I know she won't be working?

Yes I understand now. I went on day 3 to get my wifes and it wasn't in their system. The clerk though went the extra mile and using her AO number went and got it and brought it into her system. It takes a clerk willing to do a search that will take an extra minute or two. Or maybe she was newer and didn't know how to do this. Either way it shouldn't take long and just go back and do it again. Congrats on the marriage. My first civil wedding was nice. The 2nd church wedding was fun too. Good luck and God bless.

Thank you. Now I just gotta figure out what to do with my stepdaughter. I'm not sure what all I'm supposed to do lol

How long he been here? It usually takes 2-3 days for him to appear in their system.

Since Sunday. But we had to apply for SSN. Baton Rouge bill got his wife # the day after she arrived. I'm in the same town. Lol

But it's okay. We still have time to get married

Do I just use a tax identification # for my stepdaughter?

How do I get her a ssn if I'm able?

you need the EAD but employers will allow with just ssn (your own risk)

File the entire package for green card, work and travel with all the required documents as soon as you are married on paper.

http://www.visajourney.com/content/k1k3aos

don't forget cover sheets.

We went to get his ssn today. They couldn't give us the #. Said we had to wait

We applied very next day after arrival for SSI number

the card wont come for 7 to 10 days but we asked for the number and they gave it to us, it is needed for marriage license.

now we will do the name change on the SSI Card for the marriage name.

as soon as you get the SSI number they can work according to the SSI office people.

We are going for her drivers license next. She has been very busy "remodeling" our home! :-)

so she doesn't need to get the work permit? that's the EAD right?

We are going to get the SSN tomorrow for my fiancé and his daughter.

I hope we have all the necessary paperwork and the wait is not too long.

BatonRouge Bill,
did you get married first and then request for social security and work permit?

or did you do it the other way around?

my fiancé just received his visa today so hopefully we can get him on a flight here ASAP