simpl_

3 hours ago, iwannaplay54 said:

If you have ever sponsored another immigrant you have to disclose it anyway

 

If you were married less than 10 years your record never applied per the SS rules, you can’t work 5 years and she work 5 years and then claim 40 quarters of SS for her, it doesn’t work that way.  

 

If you were married for 10 years and each worked 5?  Absolutely.  You aren’t “moving in and out”, she was not married to you long enough to be credited with your record.

Not too go too far down that rabbit hole, but I think you are mixing up qualifying for retirement benefits (which does require 10yrs of marriage together) with what the USCIS is concerned about (being reliant on welfare programs like SSI, Medicare, food stamps). 

For the latter, the determination is done without consideration of the 10yr rule, just 40 quarters per this: https://secure.ssa.gov/poms.nsf/lnx/0500502135

Just now, Boiler said:

1. Yes you do.

2. Yes you do.

If I'm still the sponsor 😅 So yeah, it's a little confusing.

I'm thinking of staying on the 'safe' side and doing both, but it would really be nice if there was a better way for me to check with USCIS concerning my obligations. I know the facts of my situation, but there really isn't any more information about the "qualifying and then divorce" situation. If I look at federal/state programs which have determination of benefits, then I would generally say that yes, I am still the sponsor, but I am not sure what the SSA determination would be at this point.

1 hour ago, Boiler said:

Let us start at the beginning, is this a real issue or just for general interest?

 

As an aside I have never heard of USCIS checking this.

This is a very real issue. 

My ex-wife would independently have 18 quarters as of Q1 2022. At the time we were married/finally got divorced in Q2 2021, she had over 40 credits by including me during our marriage. If I blindly assume that she doesn't marry and keeps working, then she would only hit 40 quarters in 2027 (or maybe sooner if she got married again and counted that spouses quarters.) Alternatively, she could naturalize or leave the US, but all three of the before are completely out of my hands/ability to know.

I'm currently engaged to another foreigner, so now I'm looking at two issues that are dependent on whether or not I am still obligated as my ex's sponsor:

1) I moved, so do I need to file the I-865 change of address form for my ex-wife, and

2) if/when I fill in the I-864 for my future spouse, I have no way of knowing if my I-864 family size (which has to include previous sponsored people if I still have an obligation). My salary isn't a concern whether I put 1 or 2, but I just want to be doing the right thing.

1 hour ago, carmel34 said:

The only work quarters that are relevant for the I-864 are your ex-wife's, not yours, and not combined, unless you are still married.  The I-864 that you signed is very clear that she, on her own, needs 40 work quarters or credits (if still married to you) for your obligations to end, among other things.  So once you are divorced, she is no longer entitled to SSA credits for your work, and your obligations continue as stated on the I-864:

I guess this is the stem of my question. Since we did have over 40 credits at the time of the divorce, does that mean I can prove to USCIS that my obligation ended at that time? Or can my obligation come and go, depending on her situation?

Let's say she gets married again, and uses that spouse's married quarters - she qualifies/gets over 40 credits. But then she divorces him shortly after - now she doesn't qualify and I am a sponsor again?

It just seems crazy that my responsibility as a sponsor can flip flop back and forth completely dependent on things which I have no control over and really have no way of tracking...

1 hour ago, arken said:

Of course SS office wouldn't disclose you info of a different person. Possessing other's copy of SSN/card without their authorization may be illegal.

 

 

Oh yeah, I don't have  copy or original, just the number written down from long ago when I needed to manage family stuff, etc. I definitely am not a person to use this information in a dishonest way!

4 hours ago, randy32 said:

I would suggest you call SSA.

Ask questions like and You might get an answer.

 

1. Are they able to tell you how many work quarters you ex has earned?

2. If there a page to assist you calculate work quarters?

 

If they don't have a straight answer for you, how can you figure it out with other resources.

Thanks, yeah I had thought of this, but I don't think they will be at liberty to give me her information, even though I do still have a copy of her SS#. 

To calculate work quarters is fairly easy, its just 4Q per year, with a minimum $/quarter required. Since she was an F1 student, she didn't have any work until after we were married/she got AOS. My problem/question really is - once she has achieved 40 quarters (using both mine and hers) and that box goes 'qualified', does the box go back to 'disqualified' since we got divorced.

4 hours ago, iwannaplay54 said:

SS rules:  She has nothing credited to her under SS under your account if your marriage lasted less than 10 years.  

 

That's only true for retirement/widower benefits - not for determining affidavit of support termination. See Section (a)(3)(B)(ii) 

So several years ago (per my timeline) I married and sponsored an F1 student, applied for AOS and got her a green card. Now, I do understand the conditions of being a sponsor, and the pathways which could lead to my responsibility ending: death of either party, her giving up PR, becoming a citizen, or getting 40 qualifying quarters per SSA.

My question is, that at least according to my math, my ex-wife and I would have had over 40 quarters combined at the time of our divorce. Let's say for sake of example, that I had 35 quarters and she had 10. 

Does that mean that I am no longer here sponsor, since I can prove that at the time we were previously married, the conditions of sponsorship ended? Or, am I now somehow "back on the hook" because I can't include my quarters with hers anymore (even though previously we could and did get over 40 quarters.)

My problem is, the divorce was extremely messy and she basically cut all communications with me and moved to a different city. I don't have any of her immigration info at this point, and I guess her email probably, but she even changed phone number, etc. So I could try to get info through her lawyer, but I don't know what I'd be looking for (besides asking, is she still a PR, or has she left or applied for naturalization - which I don't think she would ever do.) But either way, it wouldn't help me solve whether I am no longer the sponsor per the qualified quarters rule 

Does anyone know how the USCIS checks this, or how I could check with the SSA?

17 minutes ago, cooltxeel said:

 

Hello, how is your case now? 

Hi, we got scheduled to interview on November 22, 2016. The medical exam had expired, so the lady said the interview went well but to come back with a new medical exam. By the time we had sent that back in, they recieved it and we were approved on December 12.

Thanks Bill. I thought it should be ok for the same reasons given, just wondering if anyone else might have experienced the same. My wife did say that one time when they were entering her AP paperwork, that they mentioned they looked up the Houston office and the GC's were pretty delayed (this was this past July).

As for showing up at the CIS office without an appointment, I'll leave that to someone who experienced it. The times I went, they made me prove I had an appointment before I was allowed into the waiting area. I never tried going without an appointment.

I'm hoping that we can get in if we have to. I know the Houston office has all the paperwork they need to finish the GC, so I'm just wondering if it's worth going and sitting there until someone pulls up our case. The lady at the front when we went in last time just asked "Do you have an appointment?" and looked at our interview notice, and then told us to check in with a certain lady at reception. I don't know if they wouldn't let someone in without an appointment though...

Hi everyone,

We just had our PR/Green Card interview on November 22nd. During the interview, the officer said that the medical was expired, so we sent that and it was receive Dec 1st. I have a feeling that the interview went well, as my I-130 was approved and she said all we should need is an updated medical I-693, so I'm really hoping that we get the GC approval sometime in the next week.

Currently my wife has AP and we were planning on traveling over the Xmas break as my grandfather recently passed away - but she would be gone a little longer through Jan 13 but I have to come back earlier for work. I have two questions, sort of related to each other.

1) If the GC is approved prior to her leaving, is it OK for me to Fedex it to her overnight when I get back? Assuming it has been mailed by then (first week of January.)

2) What happens if she leaves on AP, and the GC is approved while she it out of the country (say, early Jan), and I don't receive the GC in time to send back to her? In my head, it would seem like she is technically allowed to travel the whole time - AP to GC, but she might come back and have the wrong paperwork when she gets to the people in the US airport?

Also, I don't know if getting the I-551 stamp is possible without an Infopass appointment. Assuming we get the GC authorization this week, we both have next week Monday off and could literally go to the office and sit there all day if we had to, is that allowed? I have been continuously checking the Houston office and there is nothing available...

Thanks for the information. My case is similar to you where RFIE request co-sponsor. My RFIE received on Sept 27.

I went to my congressman office to request them to expedite my EAD. The receipt numbers are not even working online.

I know Houston got a long wait for AOS so I only focus on getting the EAD/AP asap.

Best of luck to all of us.

Fortunately, the EAD/AP is processed by a separate office than the AOS application (National benefits center vs Houston local office.) They are typically taking 70-90 days to process the EAD/AP, so unless you have financial or personal reasons to really get before the 70 days, you should be ok!

Anyone with RFIE for 485 and can tell us how long it will take to get the EAD approved from the date they received the RFIE response?

Hi Tara, I'm a filer from Oct 2015, but when we applied, our timeframe was:

Checks cashed 10/14/15

RFE Request 10/29

Submitted response 11/9/15

Response received and "working on case again" 11/17/15.... and that is where it has stayed since then...

Hey guys! Hope everyone is doing well.

After 3 service requests, my case status is still at ready to schedule for interview. I called the USCIS customer service this morning and the guy told me that seems like the Houston field office is processing the cases from December 2015, so my case is definitely outside of normal processing time (filed 11/5/2015). He said that I could make an info pass appointment at the Houston office. I checked and there is nothing available for the next two weeks. I'm so frustrated. It's been too long. Does info pass appointment even help? What else can I do besides waiting...

Hey, so I know you posted that about a month ago, but from the USCIS processing times site, the customer service rep was probably off by about 2 months. I'm still waiting to hear anything from my application (recieved in Oct 2015, RFE request completed Nov 17). I've put in a case inquiry as well as contacted my Congressman (House of Representatives), but both of those said I should hear by the end of this month (October) and that if I didn't then I should contact them again...

Hello Houston Filers,

I have married to US Citizen in May and filed our case mid July 2016. My question is about the RFE review. The status says for I485 at RFE review for 30 days now, is it normal? Doesn't it should switch to ready for interview?

Thank you

I wouldn't be too worried at this point. There are people on this forum who filed back in October/November 2016 who haven't even been scheduled for an interview yet (like myself), so I doubt they'll have done much for you as you just filed recently. Good luck!

So, I'm not sure if this varies office by office, in our case I am looking at the information provided by the Houston field office. Their site now says:

"Field Office Processing Dates for Houston TX as of: June 30, 2016

When I check the Houston office processing time, it says as of April 30 they are processing applications from August 21, 2015. When are they going to update that data?

They have updated the filing dates.

As of May 31, 2016, the latest of each type of application the Houston office was processing:

I-485 Application to Register Permanent Residence or to Adjust Status September 17, 2015

N-400 Application for Naturalization November 4, 2015

N-600 Application for Certification of Citizenship 5 Months

When I check the Houston office processing time, it says as of April 30 they are processing applications from August 21, 2015. When are they going to update that data?

I've been watching the official processing time updates as well, but it seems like they are about 2.5 months behind on updating their information since at least March... We might get the May 30th info around July 20th or so if the trend continues...

Yes I was able to apply for FAFSA but of course it said I had to have the actual permanent residency to receive any award. Either way, I think it wouldn't hurt to apply at this moment since it's due soon!

Are you paying the international tuition? I think it may also depend on the school, but at my school (U of H) once I filed for AOS, I went to the international student office and changed my status to permanent residency pending (you need to show them the receipt notice). I was able to change my tuition status to resident since I had lived in the state for over 12 months. I'm paying resident tuition now! It's saving me over 20k...so I would check with the school and see if they can offer you resident tuition

I went onto the site, but it says I have to provide my wife's SS# in order to proceed... how did you complete the application without the SS#?

Also, my wife does go to UH as well, but she's tried twice to change status to get Texas residency after filing for AOS and neither time has it been successful. The registrar said that the rule is that you have to live in Texas for 12 months *after* filing for AOS, and not just 12 months (she's been here for almost three years now, but only filed for AOS in October...)

I think you can apply first, although you won't be able to the actual award until you have the green card. That's what my school told me, it may be different elsewhere though.

Really? I'll see if I can pull up and complete an application! International student fees are so much more than resident, so anything the govt can subsidize would be great... Esp considering we are already filing joint tax returns!

Any 2015 Nov filers out there? I was checking the USCIS processing time but which one should I check? Houston field office or TSC?

Filed in October with an RFE from November, still haven't heard anything from them... So annoying cause I wanted to try filing the FAFSA for my wife (currently a student) but can't without a GC and the FAFSA is due in two days...

We filed in October, around the 8th, with first notification on the 15th. Because we were looking at traveling during Dec, I got worried and did call in to expedite the AP/EAD.

You are at a funny place (EAD/AP is usually about 65 - 70 days, max 90, might be a bit slower due to Xmas/NYE/MLK holidays), and I don't see too big of a benefit to calling due to the following: expedite might shave a few days off, or might not be useful at all, as you are already close to getting via the normal timing, and USCIS would more than likely send you another request for evidence (that your job is upcoming/necessary/whatever).

That said, it can't hurt to call to expedite because the expedite request should not interfere with the normal timing. When you do call, say you are requesting to expedite due to financial loss (which it is), as your job is expected to start soon. Usually the agents are decent and will take your info over the phone, but like I said, you'll probably get an email (if you provide your email) and snail mail saying to post/fax job information. I'm not sure what information specifically, as when we expedited it was for other reasons.

We were in a similar place as you (close to the 'normal' processing time) so to be honest, I don't know if the expedite did actually help us, or if we just got it in the normal amount of time. But like I said, it didn't seem to slow it down.

If it's an emergency make an appt or walk into the local office and they can approve it the same day depending on the circumstances, it would be AP only...

Hi Shauneg, appreciate the reply. I had looked into emergency AP, but I don't think we either want or need that. I would say urgent vs emergency at this point, really I'm shooting to get it prior to mid-Dec when airfares get crazy... :/

Hi all!

Before I start, just wanted to say I am aware of the requirements needed for expedited AP/EAD and fairly certain that I meet the criteria (family emergency/settling estate). To the questions:

Currently we're concern is expediting the advanced parole (for my wife), not worried about getting EAD. So, when we were on the phone, we gave the agent the receipt number for the AP and asked that it be expedited. Now, it says online that the expedited AP has been assigned to an officer, but doesn't show anything on the page for the EAD. I know that when filing for both, you get the combo card, so will the AP alone be expedited, or will both AP and EAD be expedited? I am assuming both will come through on the card, but I wouldn't want to be in a situation where the AP comes through, we leave the US briefly, then the AP/EAD combo comes through and somehow the solo AP is now invalid.

Second question, how long does the process typically take from calling to expedite to approval/receiving? They said to wait five days, but I wasn't sure if that was for assignment to an officer for review, or for the complete approval decision to be made.

Appreciate any help!

Hi all,

I would like to find out if anyone has experience with traveling while transferring between universities. I will be changing to a different institution next Spring (2015), but would like to visit family it possible during the Christmas/New Year break.

Is there any restriction to traveling out of the country while having the I-20 transferred from one university to another?

Hi all, I was hoping to seek some advice for a few questions in what seems to be a unique situation.

A little background. My girlfriend came to the US under an F-1 visa in August 2013, I'm a US citizen, and we got married in May 2014 (got all the right documentation and have actually been dating for a long time previously.) She has/is currently attended a community college to get all the "core" classes out of the way before progressing her degree major. She will be transferring from the community college to the major university this coming Spring 2015 semester.

Question 1

As she is transferring between institutions this December to January she will have to change the sponsoring university in SEVIS and have a new I-20 issued. She would like to visit family in the UK over the break, but I just don't want her to travel and then find out that because of the transfer she gets in a bad situation. Would there be any reason that she couldn't travel while transferring between institutions?

Question 2

I have read that it isn't the best thing to be traveling while your case is under review, but I also want her to start notching time as a permanent resident so she can get residency status for university tuition/be eligible for better student loans. Would it be better to delay applying for adjustment of status/conditional green card until after the university transition and traveling over winter break?