gotham10011

Thank yo every much for your replies!!

Now, I am getting confused because I thought that battered would be enough to qualify for the waiver. On the Waiver Request Filling it says:

1e. "I entered the marriage in good faith, and, during the marriage, I was battered, or was the subject of extreme cruelty, by my U.S. citizen or permanent resident spouse."

It's been a long time visajourney!

Not trying to be dramatic but I never thought I will be writing this tonight..

I got married in November 2013, filled my AOS in February 2014 (from a B2 visa, while my i129F was pending) and received my Green Card on April 17th.

I am now due to file my ROC on January 17th 2016.

My husband and I separated in February 2015 (this year, 1 year and 4 months after our wedding date, 3,5 after after we started dating).

I am sure I must have my share in why our relationship did not last but he is the one that physically attacked me several time (once on July 2014 and then on January 2015).

The first time I left home and felt that I had to go to the police station because I wanted them to know. Early this year, I had to call 911 when he through a chair at me after punching me in the face.

I now have my 2 police reports, a restraining order that I did not even asked for, and more proof that we were in a bona fide relationship.

We stopped talking a few months ago because it always escalates and I am tired of being called names. We did not start our divorce paperwork.

It is not that I am afraid to bring the subject on the table but I just learnt that I could file my i751 as a battered spouse alone and it sounds like a better idea to me.

I also want to precise that I am a man married to a man.

Here is so far what I have in my possession:

- Social medias screenshots of us together.

- New pictures with his entire family. (not given at the time of 1st interview)

- Flight tickets for us traveling together. (not given at the time of 1st interview)

- Joint filed taxes of 2013 and 2014. (N/A at the time of 1st interview)

- Joint health insurance policy (N/A at the time of 1st interview)

- Affidavits from friends. (not given at the time of 1st interview)

- Updated electricity bills in both names (up to May 2015)

- Joint bank account still open

- Credit cards that we had together (N/A at the time of 1st interview)

- My 2 police reports (one from July 2014 and January 2015)

- Restraining order from the judge.

- This might be weird but I also have a letter from my landlord telling me he is not renewing my lease (1)

(I knew it was because NYPD showed up in my building to arrest my husband 7 times so I wrote him a letter (2) and explained the situation. Got back a letter saying that he is happy with my explanation and since my husband does not live here anymore he is renewing my lease (3).

- I could print our recent text messages but it is so intense (for him) that I am too ashamed to show that.

Do you think I need more documents?

Should I file "now" using the waiver or wait for our divorce to be finalized (though it is not even started).

I am not very proud to file under the battered spouse waiver but I would like to get my 10 years Green Card sooner to be honest.

Also, what is battered spouse? Did I need to be battered several times or do I need letter from a doctor? I did not go to the hospital.

Thank you for your help!!!

No, once you update your SS card by showing them your green card, you will receive a new card with no mention. Just your name and SSN, like for US citizens.

No it won't

Thanks!

I agree with Harpa, check for UK visas instead.

Good answer. To quantify the delay, every day you are outside the USA counts against you one day. You need three years permanent residency. Leave the US for 30 days and then it's 3 years plus 30 days, and so on. Leave the USA for six months and your three years starts over from zero, upon your return.

I'm sorry to highjack this thread but I think you're wrong.

I am not sure each day spend out of the U.S is an extra day before you can file N400. I am aware that you need to permanently reside in the country to qualify but I thought you lost eligibility if you leave for more than 3 or 6 months. The idea is not to break the residence requirement.

http://www.uscis.gov/us-citizenship/citizenship-through-naturalization/continuous-residence-and-physical-presence-requirements-naturalization

Hi everyone,

I hope I am posting in the right section.

I applied for (my first, no update) SSN with my conditional Green Card yesterday and I was wondering if will mention "VALID FOR WORK ONLY WITH DHS AUTHORIZATION"

The receipt I received explicitly says "You can use your SS card for work only if you have authorization from the DHS" so now I am wondering.

Thanks!

Bonjour!

I'm not sure if this can help you but I submitted my AoS with this "multi-langues" birth certificate and it was fine.

I'm pretty sure the U.S Embassy in Paris, will be more than ok with it.

You don't need to get a notarized translation :

http://www.uscis.gov/forms/forms-and-fees/general-tips-assembling-applications-mailing

Many people on here did translate by themselves documents they submitted to the USCIS.

The U.S Embassy in France accepts both French and English documents.

Bon courage!

Hi,

I have my itw scheduled for April 16th, we do have picture, joint bank statements, joint rental insurance, utilities bills, correspondence but we can't provide a joint lease cause my husband has such terrible credit that it was easier for me (AoS applicant) to sign a lease and get approved.

I was really surprised to receive an interview date 2 months and a half after I submitted the AoS package especially for the New York office and also after a RFE.. So we won't have joint health insurance at that time either cause my husband just started a new job and he had to wait 60 days.

I have a guarantor for our (my) lease, should I get a letter from him explaining the situation?

I am confused cause it feels like a joint lease is a pretty important proof of a bona fide relationship..

Thanks for your ideas!!

Hi everyone,

I just received an RFE for my I-864 which will easy to correct.

I have a feeling that they won't accept my "international" birth certificate and I don't want to receive another RFE in a couple of week.

Can I use this "opportunity" to add other document to my I-485 or I should not?

Thanks!

3)

I don't have any joint bank a/c , asset etc as still i m searching for jobs.

We have pictures together in Malls , Buses , Trains , Theaters etc.

Are those enough ?

Hi msseraz,

do you have some utility bills or leases agreement with both of your names?

This is really important.

The joint account is also something that IO like to see.

I feel it will be kind of tricky to open one 3 weeks before the interview, be prepared that they ask you why you don't share either a checking account or a credit card.

And do they stamp I-551 instantly on request in case approved in the interview ?

I need it very much as I got a job offer which is asking me for it , and holding my employment till March 21.

If it is not approved in the interview , how long it took to receive the welcome letter in other's cases ?

I heard they don't necessary do the I-551 stamp anymore but you can either request it later (info pass). If you're approved on the spot, you could received your 2 years GC on March 21st.

If you're not approved you'll have to wait to receive the letter of denial.

Hi everyone,

I just received texts saying that I have a RFE for my I-485, I was wondering if I could know before receiving the hard copy why the request is for.

I would like to save some time.

Also I received 3 emails (same case number) and one text, does that mean it has 3 different reasons?

I'm sorry but I'm confused even if I might know why it's for.

I assumed I qualified for I-864EZ since it was a lot easier to fill out. Also, my birth certificate is french on the front and english on the back so maybe I should have done a translation.

Can you call to know the reason of the RFE? Can you get another RFE after that? (like today I-864 and in 3 weeks for I-693) and also, does that I affect my I-131 or I-765?

Thank you so much for your help!

Hi everyone,

I keep seeing that I should have filed taxes with the IRS even if I was not working in the U.S and that it could be an issue at the interview.

Basically between 2011 and 2013, I did spend more than 183 days in the U.S so I should have filled taxes.

Since my EAD/AP is still pending (along with my AoS) should I get in ITIN number (form W7) and back file taxes with the IRS?

It's starting to be really confusing.

For 2013, it will be ok since I'll be on my spouse tax return.

But I did spend more than 183 days (on a B2 visa, not working) in 2011 and in 2012.

Thanks for your help!

It is in progress, should know shortly. I got a request for supporting documentation to back up the severe financial loss reason and faxed them a letter from my employer stating I would have to go on leave without pay and a cover letter explaining how it would cause me financial loss and lost benefits etc so will see how that goes.

I'm sure it will be approved.

I requested my I-765 to be expedited.

Was that accepted? I thought that was a little hard.

When I came to the U.S I had no idea I will end up staying here (it will be really easy to prove).

I understand why it could be an issue, I also see how this is not a problem.

Short story:

I got fired while I was visiting my husband and I had no reasons to go back to France, looking for another job knowing I would leave the country in the next 6 months or so, counting the days and checking uscis.com every morning when I wake up to see if our petition was approved or not. I also thought about saving one round trip to France just to get a visa, the fees associated with the visa and all the stress.

Abandoning the K1 route was cheaper and since I also have a B1/B2 visa I will be able to appeal my case in case my AoS is denied because of that.

We are pretty young (26 and 27) so we don't have much money and did not want to be separated anymore.

Hey everyone,

Our situation changed since I submitted an I-129F and we decided to get married do the AoS (I-130 and I-485).

I called USCIS today to withdraw my previous petition but they said it had been approved and that the case is now at NVC and the representative said there is not much I could do since "your fiancé just won't show up to get his K1 visa at the embassy".

Sounds weird to me, honestly...

I don't want us to have any issue at the interview cause we did not cancel the fiancé petition.

I tried to call NVC but it seems like the lines are busy.

I don't have the NVC case number.

Thanks for your help!

If u cannot answer the questions the girl is asking the people from the forum, then don't respond at all.. Shte definitely doesn't need your opinions and she probably know the fact that it is illegal to work before EAD and she knows her option to go back home, so both of your posts are really rude mean and not helpful. This forum is created to help each other.

So back to her questions..

1. about I-693, I am not 100% sure, because I sent my medical exam with my package and I didn't have any RFEs, so hopefully somebody else from the forum can answer u on this one. In my opinion I don't think they can send u EAD before u send the medical exam, but I might be wrong

2.about the poverty guidelines - yes he needs to earn at least that amount and even if he doesn't e is still your sponsor, but u will need a co-sponsor, that earns enough and that is ready to help u providing u all kind if personal info such as SSN, IRS transcripts for the last 3 years, pay stubs etc.

P.S. U might need to wait certain amount of time because u came on a tourist visa. I am not very familiar but I believe there are good enough people in this forum that knows better about tourist visas and can answer u with more details. So even if u receive few responds like the previous ones, don't give up, keep researching, reading the instructions of the forms and keep asking questions in the forum!

Good luck!

Thank you so much!

You even answered my future question about the transcripts, we were about to send the W2s not the tax transcripts!

I am sorry if you were offended. I did not intend to freak you out. I was simply being realisitc, you and your spouse have to eat. If you don't have the money to file the forms you might end up with a ban and be ordered out of the country. That would be much worse. I am NOT trying to scare you. I am merely pointing out some issues. I will pray for both of you.

Oh and by the way, a gallon of milk here is 10.00. Houses start at 380,000.00. The cost of living here is very high. 3 bedroom home rentals start at about 1800 a month. It's expensive here too.

God Bless

Aloha Ke Akua

I won't get a ban because I won't have submitted the medical examination form! This is insane!

We saved enough for the AOS package (around $1,500) but we forgot the $250 for the medical.

This is because we do need to eat and pay the utilities that we were wondering if the medical could wait.

I understand your warning though

Hi mimolicious,

Did you actually read my post?

"Will (I) be able to provide the I-693 at a later date?

Is it most likely to be a RFE or I will need to give the enveloppe the day of the interview?

Will this affect my EAD/AP? I have in mind to start working to be able to pay for the medical examination."

I NEVER said I will be working without authorization! Period, end of the story.

Hey everyone,

My husband and I decided to get married (in the U.S) while my I-129F was pending cause my situation changed and I ended up staying here instead of the 2 weeks holidays I've planned. (I basically got fired while I was on vacation here).

AOS from my tourist visa was the cheapest solution since I will avoid a trip back to France and the cost of the K1 visa at the U.S Embassy.

I am compiling the AOS (from tourist visa) package but I have some questions about the medical.

We barely enough money to pay for the I-130 and my I-485, do you think I will be able to provide the I-693 at a later date?

Is it most likely to be a RFE or I will need to give the enveloppe the day of the interview?

Will this affect my EAD/AP? I have in mind to start working to be able to pay for the medical examination.

My second questions is about the affidavit of support. I am the only person my husband is sponsoring and he only uses his income to file the I-864.

Can he file the short form I-864EZ?

Also, regarding to the 2013 HHS Poverty Guidelines, if he has to make more than $19,387 to be able to sponsor me?

Thanks for your help!

Good morning everyone!!! I just got an email notification from USCIS that reads, On August 6, 2013, we transferred your I129F, PETITION FOR FIANCE(E), to your local USCIS Office for further processing. The new office has jurisdiction over your case and will send you a decision as soon as processing is complete or you will be notified if further information or action is needed. I filed on 07/22/2013, got NOA1 on 07/25/2013, Alien Registration Number has changed notification on 07/30/2013, and now this. I am very happy and excited. I have been looking through forums on this site and it looks like after people get this notification its just a few weeks shy of a NOA2. Anyone else get this?

Hey there!

I'm exactly in the same situation... Same sex K1.

I was thinking the same thing about people got transferred to a "local" USCIS and then receiving NOA2 shortly afterwards.

Don't want to be a downer, but I really don't think we should be too much excited. I don't see ANY REASON why our petitions should ALL got expedited. I believe and hope people who had to face separation for too long could get approved for expedite processing though.

But don't get me wrong, I thought the exact same thing when I saw my case was being transferred -- I remember I've read topics saying "Case was transferred to a new USCIS office and got approved soon after"

Great !!

You can follow this guide starting step #4

http://www.visajourney.com/content/k1flow.

Basically start sending a copy of the original petition to your fiancé(e) just in case and fill out affidavit of support (I134)

Add an updated of Letter of Intend with a more recent date. Original.

The beneficiary will also need that during the interview. And proofs of ongoing relationship.

http://www.visajourney.com/content/k1guide

They (texas) recieved our info packet to the RFE on 7/16

Just wondering if anyone has had recent experience with an approval to an RFE from Texas and how much time it took?

Thanks

I don't have any experienced since I just received my NOA1 BUT... evrytime you look at a timeline, you can see than the NOA2 (so approval petition) was issued really soon after RFE was received, sometimes even a few days after they received it (and then reviewed them)

This is why I kind of think that RFE is not that bad since you're losing a few weeks but at the same time you know the wait is almost over.

Good luck !!

I went over to see my Fiance in May and went prepared with all sorts of evidence like letter from my employer etc. My fiance emailed me the receipt and I printed that out as well. I was so nervous!! But all they did was ask why I was visiting and how long was I there for....then stamped my passport and I was on my way. I think if you have all the other things as a back up then you should be fine?

Great! I don't think they will be that easy with me though...

I am really concerned about the fact I spent A LOT OF time in the U.S before

IMO, your list is good.

Thanks for participating in my post Ryan!

Ties to your country carry more weight than an NOA1.

Do you think I have enough then?

Cause I was thinking :

- Risk of overstay : Even if my immigration history is weird, it is explained by the fact DoMA was enforced so we did not have much options, I always went back to France before my I94 expired.

- Risk of getting married and file for AOS : NOA1 to prove that we following the right path. I also have other arguments that will prove that I really don't want to file AOS since I would be very confused during the interview to show that I did not lie to the IO at the PoE. I also won't overstay cause I would have a ban and won't get issued the fiancé visa.

- Risk of a public charge : Insurance for this trip

- Risk of working illegally : I can support myself, credit cards and bank statements with my savings

- Ties in my home country : Employment letter stating when I am supposed to be back to work, utility bills, bank statements (again). On top of that, I also have a B1/B2 visa that I don't need since I could use the VWP. I was supposed to do a road trip in 2010 but my friend changed our plan and that road trip lasted 3 months instead of 4 but my visa was already granted. I mean that I proved at the U.S Embassy that I have strong ties in my home country, I mean at least in 2010! IMO I feel that getting this unneeded tourist visa is a little proof of strong ties.

I believe the could deny my entry based on length of my previous stays. I was working on my dissertation for school and my subject was about American consumer behavior, so I had tons of free time, 2 of my best friends moved to New York and on top of that I met my fiancé. That's why I used my B1/B2 quite a bit.

I understand why they could believe I am (was) using my tourist visa as a way to live in the U.S but at the same that was not illegal... I am (of course) really confused and stressed. (and I feel bad annoying you guys with my story)

Thanks Ryan !