Dakine

Yes you do fill DS-156 out it application for Non-immigrant visa (K-3) You also will fill out DS-156K,

Maybe for China but K3s don't fill out the DS 156K for the Philippines.

2 copies of the DS 156

2 Copies of the DS157

No DS 156K

also, do both of us need to fill out and supply 4 copies of the G325A? or does just the US Citizen need to fill out 4 copies, or does just the foreign beneficiary need 4 copies?

thanks

Yodrak

'none' would be a fine answer I would state that I was a student - it's a more meaninful answer, give a more complete picture of the situation.

Yodrak

DITTO

You both fill out, sign and send in the originals.

Keep at least 2 copies of EVERYTHING you submit!

I just wonder what would happen if you did file a few days before the 90 days?

Would they send it back?

Slap you on the wrist?

Deport you?

Maybe with other petitions like sending in the AOS application before the fee increase without all your documents they'd only RFE you and you'd save BIGTIME!

my husband recieved packet 1(our I129 petition for husband got approved), he told me that i have to fill out for DS 156...... i looked at the form and some of the questions dont make sense..... does anyone one know if form DS 156 should be filled?

Yep! Sure does!

You have to realize that the DS forms are general forms used for many different non- immigrant visas and you just have to fill in what applies to you.

DON'T leave any blanks. Put N/A or NONE if the question doesn't apply to you!

DS 156K sure doesn't make sense for K3s but K3s no need fill it out!

While were at it!

What's the most common word you see misspelled on immigration forums.

How about RECEIVED?

What's the rule? i before e except after C?

Don't think that works all the time tho.

When mailing in my past 3 years Tax Transcripts with my I-864 do I need to include or provide the past three W2?

Simple!

If you have the W2s send copies. Doesn't hurt.

If you only have the most recent years W2s send them/it!

More ammo the better!

If you don't have any W2s send them also!! HUH???

Just adding a little humor to this grueling process!

beckypua,

No, they do not. They want line 22 on the form 1040, which is labeled "total income".

Yodrak

They want your "adjusted gross income"....

You may be correct for people not self employed but to "my" limited knowledge people that itemize and are self employed use their adjusted [net] income.

So you are saying if I had a total income of 30 K and had 20K in writeoffs and netted 10K and paid taxes on such .

USCIS would use the 30K as the amount for meeting the financial requirement?

Could be but doesn't seem right as you would only have 10 K to exist and support yourself and family on!

USCIS does strange things tho!

Thanks for the info Yodrak!

Thanks to you I will do a 1040x ammended return since I didn't take as many writeoffs as I could have.

Heck my accountant can get my adjusted gross income down to almost nothing.

I'll end up getting quite a bit of dough back!

What's your cut?

From what I understand if you have an interview for AOS and it's approved, they take the I-94 and stamp the passport with the I-551 stamp. That's like a temporary approval until the actual green card is in hand. However, I could be wrong.

They took my wife and a daughters I-94 at the interview and told us they'd have to get AP if she wanted to leave and return to the US until they got the GCs. Maybe they do things different in Hawaii!

Surprised me as I'd thought K3s were multi entry for 2 years or untl GC was received.

Another reason K3s suck!

Not much smarter than the parents that recently put their baby thru the X ray machine in kiddy car seat at the airport!

DAH

Hello I am sure this addressed before, but can anyone give me brief overview of how if even possible way to travel before the AOS is approved or/and the removal of conditions is ...or refer me to a www where I can look this up. Thank you very much!

What visa is your spouse here on? If it's the K3, it's multi-entry and he/she can travel without getting approval beforehand. I wouldn't, however, once the green card is received, stay out of the country more than a year or they will take the green card away. This is written in plain English in how to maintain your green card.

K3 is multi entry! BUT!If you have a AOS interview and they take the I-94 from your PP you aren't going [can go but no return] anywhere without advanced parole.

You have to wait for your GC.

"(vii) Primary evidence for an adopted child or son or daughter. A petition may be submitted on behalf of an adopted child or son or daughter by a United States citizen or lawful permanent resident if the adoption took place before the beneficiary's sixteenth birthday, and if the child has been in the legal custody of the adopting parent or parents and has resided with the adopting parent or parents for at least two years. A copy of the adoption decree, issued by the civil authorities, must accompany the petition.

(A) "Legal custody" means the assumption of responsibility for a minor by an adult under the laws of the state and under the order or approval of a court of law or other appropriate government entity. This provision requires that a legal process involving the courts or other recognized government entity take place. If the adopting parent was granted legal custody by the court or recognized governmental entity prior to the adoption, that period may be counted toward fulfillment of the two-year legal custo dy requirement. However, if custody was not granted prior to the adoption, the adoption decree shall be deemed to mark the commencement of legal custody. An informal custodial or guardianship document, such as a sworn affidavit signed before a notary public, is insufficient for this purpose.

(B) Evidence must also be submitted to show that the beneficiary resided with the petitioner for at least two years. Generally, such documentation must establish that the petitioner and the beneficiary resided together in a familial relationship. Evidence of parental control may include, but is not limited to, evidence that the adoptive parent owns or maintains the property where the child resides and provides financial support and day-to-day supervision. The evidence must clearly indicate the physical living arrangements of the adopted child, the adoptive parent(s), and the natural parent(s) for the period of time during which the adoptive parent claims to have met the residence requirement. When the adopted child continued to reside in the same household as the natural parent(s) during the period in which the adoptive parent petitioner seeks to establish his or her compliance with this requirement, the petitioner has the burden of establishing that he or she exercised primary parental control during th at period of residence.

© Legal custody and residence occurring prior to or after the adoption will satisfy both requirements. Legal custody, like residence, is accounted for in the aggregate. Therefore, a break in legal custody or residence will not affect the time already fulfilled. To meet the definition of child contained in sections 101(B)(1)(E) and 101(B)(2) of the Act, the child must have been under 16 years of age when the adoption is finalized."

Sorry for the smileys, the parentheses and letter B give me all those in the quoted statements..

Thanks for the try but I think these requirements are for petitioning a child adopted abroad and not for a foreign born child adopted in the US and acquiring automatic citizenship.

You do have to live and show legal and phyical custody for 2 years in the country you are adopting the child in!

At least in the Philippines. Don't know about other countries tho!

You can try sending a I-884 ! It's free and worth a try.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

beckypua,

No, they do not. They want line 22 on the form 1040, which is labeled "total income".

Yodrak

They want your "adjusted gross income"....

You may be correct for people not self employed but to "my" limited knowledge people that itemize and are self employed use their adjusted [net] income.

So you are saying if I had a total income of 30 K and had 20K in writeoffs and netted 10K and paid taxes on such .

USCIS would use the 30K as the amount for meeting the financial requirement?

Could be but doesn't seem right as you would only have 10 K to exist and support yourself and family on!

USCIS does strange things tho!

If your foreign born stepchild is adopted IN THE US.

Do you have to have 2 years legal and physical custody after the date of adoption decree for the child to get automatic USC?

You might find this relevant to your question:

"Frequently Asked Questions about the CCA

1) Does my child qualify for automatic citizenship under the CCA?

Under CCA, your child will automatically acquire U.S. citizenship on the date that all of the following requirements are satisfied:

At least one adoptive parent is a U.S. citizen,

The child is under 18 years of age,

If the child is adopted, a full and final adoption of the child, and

The child is admitted to the United States as an immigrant

2) Do I have to apply to USCIS for my child's citizenship?

No. If your child satisfies the requirements listed above, he or she automatically acquires U.S. citizenship by operation of law on the day he or she is admitted to the United States as an immigrant. Your child’s citizenship status is no longer dependent on USCIS approving a naturalization application"

Here's the link:

http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1RCRD

I hope this can help, in any way.

Thanks for the info. Problem is different sites show different reguirements.

Which Children Automatically Become Citizens Under the New Law?

Beginning February 27, 2001, certain foreign-born children—including adopted children—currently residing permanently in the United States will acquire citizenship automatically. The term "child" is defined differently under immigration law for purposes of naturalization than for other immigration purposes, including adoption. To be eligible, a child must meet the definition of "child" for naturalization purposes under immigration law1 and must also meet the following requirements:

The child has at least one United States citizen parent (by birth or naturalization);

The child is under 18 years of age;

The child is currently residing permanently in the United States in the legal and physical custody of the United States citizen parent;

The child is a lawful permanent resident;

An adopted child meets the requirements applicable to adopted children under immigration law2

Acquiring citizenship automatically means citizenship acquired by law without the need to apply for citizenship. A child who is currently under the age of 18 and has already met all of the above requirements will acquire citizenship automatically on February 27, 2001. Otherwise, a child will acquire citizenship automatically on the date the child meets all of the above requirements.

My child meets all the requirements except I can't find what the exact legal and physical requirements are.

Called USCIS and got 2 different answers. Don't trust their answers anyway.

Epiphany,

Look at a form 1040. Line 22 is total income, line 37 is adjusted gross income. Your income that you can report on an affidavit of support is the number on line 22.

(And is that number $70,000?)

Yodrak

They want your "adjusted gross income"As some said! Tax transcripts are best as they show you did file and pay.

Anyone can make out a 1040 and submit it to USCIS without even submitting it to IRS.

W2s and 1099s are really the only things that show you at least made the dough.

If there is a question tho USCIS can require you to get tax transcripts.

I've "heard" USCIS may require tax transcripts in the future.

May as well get at least 3 years while you're getting them.

They required 3 years taxes when we were doing AOS.

Did for me and I think it was because I'm self employed.

You can get tax transcripts for free . Call 1-800 829- 1040. 24/7 automated. Took 7 days for me to get them!

Aloha

Sorry to be so daft but adjusted means NET income. Example I earn 100k and have 30k write offs my adjusted is 70k?

Sure does but if you look on your ITR there isn't any NET income. It says Adjusted Gross Income!! Which is the same as NET!!!

They want your "adjusted gross income"As some said! Tax transcripts are best as they show you did file and pay.

Anyone can make out a 1040 and submit it to USCIS without even submitting it to IRS.

W2s and 1099s are really the only things that show you at least made the dough.

If there is a question tho USCIS can require you to get tax transcripts.

I've "heard" USCIS may require tax transcripts in the future.

May as well get at least 3 years while you're getting them.

They required 3 years taxes when we were doing AOS.

Did for me and I think it was because I'm self employed.

You can get tax transcripts for free . Call 1-800 829- 1040. 24/7 automated. Took 7 days for me to get them!

Aloha

This may also be useful to the OP.

http://tinyurl.com/2mkhj2

Thanks Tracy!

Sounds like they know what they are talking about!

Been there done that!

Wish I'd seen that when we were denied the K1 years ago.

Confirms what my senator and congressman said.

I didn't have a snow balls chance in a Hawaii!.

They did manage to keep the paperwork at the embassy for awhile while I faxed more evidence to the head man.

He did review it and still said no!

Papers went back to service center and got lost!

Reason for denial was lack of pictures with my mates family! Had pics with me and mate but none with her, me and her family!

I sent a notarized letter cancelling the petition and moved on later doing a K3/K4- CR-1/ CR-2.

LOTS of pics this time. Even with the goats and dogs!!

LARGE age gap but petiton flew with no problems.

I hit them with everything you can possibly get to prove a "bonafide relationship".

Trust fund showing joint proberty ownership, Will leaving everything to her, Life insurance. Bukoo communication records, joint bank accounts, snail mails, chats and screen prints, emails, daily phone records for a year, Blah blah blah!

At AOS interview the interviewer mentioned the Trust had a LOT of power and to be sure and resubmit it when we remove conditions!

Aloha!

If your foreign born stepchild is adopted IN THE US.

Do you have to have 2 years legal and physical custody after the date of adoption decree for the child to get automatic USC?

Its a long story so I will spare everyone the long read. I am hoping someone would be so kind to tell us the CIS mailing address and email address. I kinda messed up something so its important I contact them. Thanks Everyone- Gary and Marie

Give this a try!

http://www.immigration.com/newsletter1/cscdivxii.html

This is very difficult for me to type, because I am still in shock. My fiance went for his interview in Abu Dhabi yesterday. Our visa was denied -- case closed. The officer told my fiance that he would send our case back to USCIS. He was very nasty and humiliating towards my fiance. He denied the fiance visa on the basis of my fiance is likely to become a "public charge." I am unemployed but in the past worked as a teacher assistant. I am on housing assistance at this time. I had more than adequate assets (investment account and annuity accounts) and my son who does not live with me was my co-sponsor. He makes a good living and is more than twice the 125% poverty level in his income. I included a copy of my housing assistance contract. I had researched on the internet and also asked a woman at the State Department about housing assistance (including it as income.) I am on a voucher program - the money goes directly to my landlord, not to me. I found it odd that housing assistance could be included as income, but I thought that since other than my co-sponsor I only have assets at the present time to rely on, so to show some income is important. So I included my housing assistance contract. (I am not on wefare.) The officer told my fiance that I am a public charge and therefore he will become a public charge. My fiance has a bachelor's degree in electrical engineering and a master's degree in communications engineering. He has no intention of becoming a public charge. Other than the waiting period to get his EAD (or, if he could get a permit to work for ninety days from his port of entry to the US) he fully intends to work as soon as possible. And I want to get off housing assistance. (We did not mention it because we thought it would draw even more attention to our age difference, but I had hip replacement surgery a few months ago and will have another surgery for my other hip next month -- and when I am able to, I intend to work. Lately life has been a struggle for me.) The officer made a big thing of our age difference (23 years) and accused my fiance of using me for the visa. My fiance was very upset because he is loving and true to me and to our relationship. We have known each other on the internet for six years now and we met in person in August last year. I traveled to the UAE. All this did not make any difference to the officer. He didn't care about the co-sponsor. Now that the case is closed, is there any kind of appeal anyone knows about? I know that people get denied sometimes, but then they have another chance at an interview in a month or two. I don't know if their cases actually get closed and sent back to USCIS or not, of if they keep the cases at the embassy where the interview takes place. But ours is consdered DENIED and CLOSED and sent back. I don't know what to do. We are both in complete shock. We started our visa journey back in September, sending our petition in November, and now it is ending like this??? We have put a tremendous amount of time and energy into proving our relationship and getting all the papers we need.

I am so distraught and in deep distress. Does anyone have any suggestions as to what we can do about this? Thank you for reading this.

Normally takes about 3 weeks from the denial decision. You can fax what you have to them.

Once it's sent back the case is basically history.

USCIS says it will be reviewed in a couple years.

Senators and congressman can't to anything much but tell you why it was denied!

One recourse is for you to move to his country or a country he can get to.

Think positive as at least he and you can move on with your lives a lot easier not having married!

Salve and I had our interview today in Sacramento, Ca. We had to wait about 15 minutes after time of our appointment in a very hot waiting room. We had an Asian interviewer who was very pleasant. She asked for our passports, bank statements , our rental contract, our pictures which we gave her all of them since we copied on regular 8" X 11" paper, she ask for Salve's social security card, asked Salve her mother and fathers full name. her birth date, if she had worked here in the USA( no EAD very important). Then she turned to me asked if I had any children (only one who is grown and on his on) and if I was working? My answer was no. I am on workers Comp wages with my union disability retirement approved after my workers comp case is settled.

SHE THEN SAID WE WERE APPROVED AND TO SEND THE EAD CARD BACK WHEN WE RECEIVE IT. SHE EXPLAINED THAT WE WILL HAVE TO REAPPLY IN 2 YEARS TO REMOVE THE CONDITIONAL GREEN CARD.

WE ARE DONE "PRAISE THE LORD HE IS SO GREAT"

THANKS TO EVERYONE HERE FOR ALL YOUR ADVISE AND SUPPORT NOW WE CAN MAKE THAT BABY!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

To bad USCIS doesn't give refunds for EADs! I guess it's was worth the extra money if something holds up getting your GC tho!

Maria E,

My suggestion is to discuss the circumstances of the woman's history in the USA with an immigation attorney.

Yodrak

DITTO! There are to many variables in different cases!

HELP! I HAVE A DEAR FRIEND WHO IS MARRIED TO A US CITIZEN AND HAS A CHILD. SHE ENTERED THE US WHEN SHE WAS A YOUNG GIRL FROM VENEZUELA AND HER STATUS IS OBVIOUSLY AN ILLEGAL ALLIEN. HER HUSBAND WANTS HER TO BECOME A RESIDENT AND SHE WANTS TO FILE THE I-130 BUT SHE'S AFRAID TO PUT HER HOME ADDRESS DOWN AS HER ADDRESS FOR FEAR OF BEING DEPORTED. IF HE IS PETITIONING HER, WILL SHE GET DEPORTED IF SHE PUTS HE PUTS HER ADDRESS DOWN? I KNOW THAT SHE ALSO NEEDS AN I.D. WITH HER CURRENT ADDRESS (WITH HER HUSBAND), BUT SHE'S AFRAID TO GO TO DMV. SHE'S IN FLORIDA. ANY SUGGESTIONS?

Mae congratulations, Im late I know Im sorry sis =)

Thanks sis! Better late than never, right?

I checked the status of my visa at Delbros and this is what I got:

6/12/2007 7:27:29 PM SHIPMENT RECEIVED AT DISTRIBUTION CENTER

6/12/2007 7:05:26 PM SHIPMENT IN PROCESS

6/12/2007 10:58:27 AM SHIPMENT RELEASED BY THE EMBASSY

6/7/2007 3:52:36 PM SHIPMENT PROCESS IN THE EMBASSY

My delivery address is Laguna... how much more do I have to wait till I got my visa delivered? I'm worried because they might deliver it while I'm at work and nobody will be home. Will they contact me first before the delivery?

Any idea guys?

Thanks!

Mae

beckypua,

Point of clarification: SAVE is a USCIS database, not a SSA database.

Yodrak

Sometimes takes 2 weeks to get in the SSA data base. .....

Correct! Should have said it takes 2 weeks to get into USCIS SAVE data base so SSA can get into it!

Really doesn't make much difference tho! TWO weeks is TWO weeks no matter what you call it!

the new fees do include AP and EAD....

GREAT! They are giving nothing for nothing!

GC processing is faster than AP or EAD at this time.

They do say they will speed up processing times with the fee increase.

Don't hold your breath!

How do you figure GC processing is faster than AP of EAD?

Because it happens from time to time does not make it a rule

Definitely not a Rule. But at this time and the last couple months it's happening unless there is a RFE involved.

Things can change tho depending what the man wants to set priorities on.

Lots getting their GCs in 2 to 3 months.

Recently it's been the AOS , CRs and IRs

CR1's and IR1's don't file for AOS.

And if you are thinking the visa type has something to do with how fast one gets a greencard - that's incorrect.

The speed with which your greencard is approved has to do with several things beyond an RFE. Such as whether or not the petition remains at the petitioner's District Office or whether it is transferred to California Service Center; whether or not that service center is backlogged or not; and most importantly whether or not you become the victim of a stalled security clearance.

Operating under the assumption that your card is going to arrive in 2 to 3 months is highly optimistic.

And yes - the new fee does include Employment Authorization and Advance Parole that DO NOT EXPIRE in addition to the biometrics fee.

Sorry I guess I wasn't that clear.

USCIS is concentrating on processing AOS AND CRs and IRs faster at this time !