shira

Oh, something my wife just reminded me of: About three weeks ago, she cut her left index finger while preparing food. It's not completely healed, and the print made by that finger probably won't be perfect. Does this require re-scheduling?

Thanks for the reply.

Well, we'll go in first thing on Monday. It's too late today for me to call the USCIS number. Would they be able to explain this, or will they just say "show up?" In other words, is there any point in calling?

Anyway, we're December, 2015 filers, with her green card extended one year to early March. I sure hope this foul up on their part doesn't push us past her extended expiration date.

My wife had her biometric appointment on January 19, and we have the stamped receipt showing this. But today we received another Form I-797C for a biometric appointment. It's identical to the previous notice in every respect.

What's going on?

Thanks!

The first area of Part 8 is totally wrong. My wife's biometric appointment letter (which we received this week) is CLEARLY only for her, not for me. Yet the first section of Part 8 of the new I-751 refers "my ASC appointment" and indicates that I'll be providing biometric data and signing the "Acknowledgement of Appointment at USCIS Application Support Center".

As I said, that's totally wrong, but fortunately this is just an informational area.

for RoC - based on CR-1 visa -

use the evidence that you've been amassing from the day she immigrated INTO the usa until the day before you actually file.

I've written some stuff about this recently..

If USCIS wants only evidence since POE, why on earth do they explicitly instruct "The evidence you submit should cover the duration of the marriage."?

As it is, I've assembled a package of evidence over 4 inches think. If they want to simplify their lives, let them provide CLEAR instructions for what they want.

Good question. Like you, I submitted all federal tax transcripts but didn't include state tax returns. All I included was a refund from the state for 2013 but included nothing from the state for 2014. The worst that can happen is we could be issued an RFE for state tax returns. You certainly won't be denied for forgetting those.

This is my thinking, too. I called my state (Virginia) and was told that it takes 4 to 6 weeks to receive back a tax transcripts from them. I'm going to requests transcripts just in case, but I'll send out the I-751 without them

I just noticed that on the USCIS instructions for the I-751 it says

complete joint federal and state tax returns

I have tax transcripts for my 2012, 2013, and 2014 federal tax returns, but it hadn't occurred to me to include state returns. I don't know if tax transcripts for my state returns are even available. Are state tax returns necessary, and if so, is it sufficient to just make a photo copy of the state returns?

Thanks again,

Shira

Edit: The "nag" letter informing us of the need to file an I-751 also indicated "tax returns with verification that they were submitted to the tax jurisdiction." That's the beauty of IRS tax transcripts: They prove that the submission was made. But what does one do for state tax returns?

I think he's saying you should enter via the Syrian refugee program...he's also wrong with his garbage about lack of background checks, but I digress. Must be the delicious Wisconsin Leinenkuegels that got to him already.

In short, the documents need to show a bonafide marriage. I'm not sure what previous documentation already submitted will help with that, unless it's a continuation i.e. joint bank accounts from years BEFORE you went through the CR1 process AND up to and including the ROC filing date.

Bottom line is if the documentation will help build a case of commingled assets throughout the marriage, there's no reason that info prior to the green card issue date wont help, provided you back it up with a continuation of data.

Well, what the older documentation shows is financial commitment. I added her as the Payable on Death beneficiary to two financial accounts while she was still in China. And there's the joint tax return we filed while she was there. Plus documentation for all of my trips there (eight in all) and all of the money I spent.

My feeling was that it couldn't hurt to repeat this evidence, especially as the instruction in the letter makes clear that evidence back covering the entire marriage is required, and that early evidence would be a repeat.

From the time we submitted our AOS forms to approximately a year later when we finally had our AOS interview, couldn't do much of anything due to the American Patriot Act, not even open a tiny joint bank account, but could claim her as my wife on our very first income tax return. We could only show this joint stuff after she received her conditional green card, so all of our evidence started from that date. But did submit our very first joint tax return, was not required by the IRS to list her SS number. She couldn't even get on until she received her conditional green card.

Since we applied for ROC 90 days before her card expired that was about 21 months of evidence we accumulated over that time period, but since practically over a year went by, USCIS wanted an update for that extra year of evidence, mostly bank accounts and an extra tax return. We also purchased a new vehicle during that time, so could show a joint title.

But after that year went by, she was eligible to apply for US citizenship for the three year marriage privilage, so we submitted the same evidence again we used for the I-751, plus they also wanted just about all the evidence we already submitted during our AOS stage, proof I was a US citizen, freed to marry with yet another 51 pages of my divorce, and our marriage certificate. Could only ask why they wanted all this information again, because how could she get her green card in the first place.

For us a 450 mile round trip to our nearest USCIS office, 3 for biometrics, AOS interview, I-551 stamp, US citizenship interview, oath ceremony. 3150 miles of driving plus all those fees. Listened to that republican debate last night, one of the candidates said our legal system needs a major overhaul, he sure got that right. Plus all those fees.

Then bringing in refugees without even a background check, putting them in government housing, and giving free medical and food. We were sure on the opposite side of the fence for this, had to pay a small fortune for all of that medical out of my own pocket, not covered by our health insurance, times two, wife also had a daughter. For AOS, she was treated as a complete separate entity, kept on giving us separate dates for biometrics, wouldn't let us change so that was an extra 1,350 miles of driving, same for her citizenship.

Then I hear for all those minor children coming here illegally, the government is picking up the tab. None of these huge fees are tax deductible so had to be paid with after the tax dollars, and after that, wasn't very much left.

So are you saying that I SHOULD re-submit the older evidence? Should I make clear which evidence is a repeat and which is new?

My wife received a letter from USCIS, reminding her that she needs to file Form I751. The letter states:

"The evidence you submit should cover the duration of the marriage."

Well, my wife and I were already married for 17 months before the immigrated, and the first 9 months of our marriage were covered by evidence submitted with forms I-130 and DS-230 when she obtained her CR1 visa.

So my question is: Should I re-submit that "old" evidence? Should I also include evidence covering the last eight months she lived in China before she immigrated?

Obviously, I'm providing extensive evidence covering the entire period she's been in America.

Thanks in advance.

Shira

My wife immigrated on March 7, 2014 under a CR1 visa and was immediately covered under my company's health insurance policy. But, obviously, she wasn't covered from January 1 through March 6, as non-immigrant aliens are not required to have coverage under the Affordable Care Act (not to mention, American insurance companies require Social Security Numbers to grant coverage, and ITINs [tax-filing numbers for non-resident aliens] aren't good enough). However, line 61 of form 1040 has a check-box "Full-year coverage," which the Form 1040 instructions says means:

If you had qualifying health care coverage (called minimum essential coverage) for every month of 2014 for yourself, your spouse (if filing jointly), and anyone you could or did claim as a dependent, check the box on this line and leave the entry space blank.

Well, obviously, my wife didn't have "minimum essential coverage" for the first 2 months of the year, so I can't check that box.

Now, form 8965 (the new form specifically for the ACA) allows filers to claim various exemptions from the "every month of 2014" requirement. Unfortunately, the instructions for that form don't list an exemption that appies to 2014 immigrants. There is an exemption "G" that reads:

Gap in coverage at the beginning of 2014 — You had a coverage gap at the beginning of 2014 but were either enrolled in, or were treated as having enrolled in, coverage through the Marketplace or outside of the Marketplace with an effective date on or before May 1, 2014.

That COULD be used for my situation, but a "coverage gap" usually means there was coverage both before and after the gap. And in any event, there are obviously 2014 immigrants who entered the U.S. and became permanent residents AFTER May 1, 2014, where that exemption would not apply.

A situation similar to mine clearly applies to all immigrants who become permanent residents in 2014, so I cannot believe that there isn't a "standard" answer out there to the question of what is the appopriate way to fill out the 2014 1040 to handle this situation?

My wife immigrated today (yay!), and I plan on taking her to the local SSA office to get a Social Security Number. I was looking at the SS website, and I'm a little confused about what documents they need us to bring.

For the "Identity" requirement, we have her passport with her "endorsed" CR-1 visa, which fulfills the I-551 requirement

For "immigration status," we (again) have her passport with endorsed CR-1 visa.

For the "proof of age" requirement, we have the notarial birth certificate we used to get her CR-1 visa - is that acceptable to SSA? If not, the SS website says they'll use the Passport if a birth certificate isn't available. The problem is that the SS website also says that they need TWO documents: "We may use one document for two purposes. For example, we may use a DHS work permit as proof of both immigration status and identity. However, you must provide at least two separate documents." So if no birth certificate is available, there's only the one document (the passport). Or do the passport and endorsed CR-1 count as two documents?

Thanks!

I paid the USCIS immigrant fee the day my wife received her immigrant visa packet from the U.S. Consulate in Guangzhou . She'll be immigrating to the US on March 7, and I double-checked on the USCIS website just now. It says that the status of the immigrant fee is "Accepted." But in the "Status Details" area, it says "Your application/petition has been accepted and is pending review."

Is this okay? Should the immigrant fee status be "Optimized" or "Closed"? Do I need to take any action?

Thanks!

at the poe she won't get the ss-5, wait a few weeks then go to the social security office with your ss-5 and your documents together takes a few weeks to get in the system

Thanks for the reply, but I'm a little confused. On the DS-230, space 43a asks "Do you want the Social Security Administration to assign you a SSN and issue a card?" We answered "Yes." Won't that start an automatic process?

Thanks again!

My wife will enter the U.S. on March 7 on a CR1 visa. When we filled out her DS-230, we requested that a SSN be automatically be applied for upon her arrival. But i have a question:

At the POE, will she be given the opportunity to fill out an application for a SSN (Social Security form S-5), or should she bring an already-filled-out S-5 form with her? Or is there an already-filled-out S-5 in the sealed immigration packet the she'll be giving to the immigration agent? (And if so, does she need to tell that person "Here's a replacement S-5?)

I'm asking because I think it will be easier for her if her "American name" is official, and is the name associated with her SSN. And on the S-5, I see that the applicant can specify any name they want (but they also specify their birth name).

Thanks!

Just a word of advice, if things do work out with receiving a K1 in December. You will need to be married, apply for AOS and receive AP before heading back to China for the CNY or you will find your new wife stuck in China. Just making sure that you are aware of this. Best of luck.

You can get a visa, you will just need to do the following based on the new rules:

for L Visa

Provide documents showing (A) the itinerary including air ticket booking record (round trip) and (B) proof of a hotel reservation, etc. or (C ) an invitation letter issued by a relevant entity or individual in China. The invitation letter should contain:

(1) Information on the applicant (full name, gender, date of birth, etc.)

(2) Information on the planned visit (arrival and departure dates, place(s) to be visited, etc.)

(3) Information on the inviting entity or individual (name, contact telephone number, address, official stamp, signature of the legal representative or the inviting individual)

The OP is asking if a flight booking is required to obtain a visa. Your response is ambiguous on that point. So I've added three letters so that you can clarify

Which of the following is the requirement?

(A and B) or C ==> no flight booking required if C is provided with visa application

or

A and (B or C) ==> flight booking is always required

I'm going to apply for a long-term visa in early December. I'm hoping I can obtain a 5-year visa with 60-day stays. A co-worker (Chinese-American whose parents live in China) tried to get a 5-year visa, but was given only a 2-year visa because (they told him) he hadn't traveled to China very often. I've had two one-year multi-entry visas and in December I'll be making my eighth trip to China in 2 1/2 years. So I'm hoping I qualify for the 5-year visa.

I'll report back my experience.

During our video chat just now, my wife showed me the "sealed" envelope.

How come one corner of the packet is open, with the documents sticking out? That seems very weird.

Also, my wife told me that the CITIC bank person who handed her the packet asked her why the package was so thin. Apparently, most of the visa packets she hands out are much thicker. Other than for a mother and children immigrating together, I don't know why packets would be much different in thickness.

When my wife was staying in a hotel near the Consulate, she spoke with a woman who was about to have her fourth interview, this time to have her fingerprints taken - again. This woman had "passed" her previous interview, and it wasn't until four days later - after she'd returned home - that she was contacted and told that she'd need to make another trip to the Consulate to get her fingerprints taken again.

My wife never found from this woman why the first set of fingerprints wasn't good - we're guessing that one or more of the prints was smudged. So my wife and I began to worry about things like this that seem to be beyond our control. I mean, you can be completely careful about preparing your evidence and filling out all of the documents, but it's very unsettling to consider the possibility that errors made by the Consulate staff may cause continued delays and added expense. I told my wife that once she passed her interview, she should ask the interviewer to double-check her fingerprints and make sure that every one was completely clear. And I asked her to confirm with the interviewer that all required documents were there.

The fact that I've now heard of two "repeat fingerprint" cases tells me that there are probably a lot more. Shame on the Consulate. Shame! Shame!

11/4 - passed interview
11/5 - CEAC status "Issued"
11/7 - CEAC status still "Issued"
11/7 - ustraveldocs status is "Passport has been received from the consular section, and is currently being processed for delivery"
11/7 - Sent email to passportstatus@ustraveldocs.com with passport number in title: reply was "The current status of your passport is Origination Scan."

(The statuses from 11/7 continued as above until 11/12)

11/12 - received email from ustraveldocs. The English part said

"Your document(s) have been collected from the US Embassy/Consulate
The passport number being returned is xxxxxxx and the airway bill for tracking is xxxxxxxx"

But the Chinese part said that the passport is ready to be picked up!

Also on 11/12, the status on both ustraveldocs and the auto-email-reply from ustraveldocs said "Ready for pickup."

11/14 - Wife picked up passport from the bank.


Interesting note: When I paid the immigrant fee on the USCIS website, the site would NOT accept the A-number as written on the "Immigrant Date Summary." There were only 8 digits after the "A" and I had to add a leading 0 after the "A" to make the number "legal."

Ah, I found this USCIS Q&A sheet (bolding is mine):

http://www.uscis.gov/news/questions-and-answers/vaccination-requirements

Q. Certain vaccine series can only be completed with multiple visits to the civil surgeon. Am I required to complete the entire series before the civil surgeon can sign the Form I-693?

A. You are only required to receive a single dose of each vaccine when you visit the civil surgeon. You are encouraged to follow up with your private health care provider to complete the series. Once you have received the single dose appropriate at the time, the civil surgeon can sign and certify the Form I-693.

"Encouraged," not "required." So the boosters aren't a requirement.

fwiw - not getting the shots

does NOT keep her from walking out the exit door at the POE.

So you're saying that getting boosters is entirely voluntary at this point? There's no enforceable immigration requirement for receiving boosters?

my wife was told the 'same stuff' at her medical exam.

She has choices, too:

1. go back to guangzhou via train and get another round of shots or

2. get the boosters done when she hits usa soil or

3. find a competent hospital in her city that has real medicine and get the boosters prior to leaving.

she needed the boosters at least 1 month past getting the first set, IIRC.

My wife said that she was told that at least six weeks must pass before getting boosters.

But is there a maximum-allowed time between the initial vaccinations and her booster's? Is it acceptable to wait, say, four or five months without boosters and then enter the U.S.? Would she be refused entry?

Are the rules and protocols for boosters listed in any official USCIS publication?

It does sound like your opinion is that my wife could get another round of boosters at Sichuan University Hospital. But what's considered acceptable documentation of these boosters?

Hi there, and congrats on the approval! If she gets another in a series, have her yellow booklet marked (it's an immunization passport, right?) if there is space. If not, get a note from the doctor. Some vaccines must be done on schedule and some you can be late on. If she is scheduled for a vaccine and she is still in China, she should get it. Otherwise, she can wait.

Yes, a CR1 is an immigration visa.

My wife told me that the immunization instructions seemed to state that additional injections in China must be at one of the four medical examination centers. That would be extremely inconvenient and expensive. Do you know if this requirement is correct?

I really need her to make a copy of the instructions and send them to me.

My wife will be receiving her CR1 visa in the next few days, but she's not going to immigrate until early March (she wants to spend Spring Festival with her elderly (and very worried) father before she leaves). My wife received four vaccinations at the time of her medical examination, and was given a yellow booklet that shows the information on these injections. But she's required to receive additional injections to complete the series for some of these vaccinations.

My questions are:

1. What are the rules for getting these additional vaccination injections? Since she won't be immigrating until about 13 weeks after her initial vaccinations, is she required to get additional injections in China?
2. Can my wife get these injections from ANY American doctor, or are their restrictions?
3. How do we prove that all required injections have been received?
4. What do we do when all required injections are completed?

Thanks (again)!