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faith42

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  1. I have a quick, but rather complicated question.

    I went for my scheduled citizenship interview today. I waited for 2.5 hours before I was called in. The officer was nice, but I could tell that she was not going to deliver good news :( Turns out my FBI name check hasn’t cleared and she stated that she could not complete the interview process today :crying:

    She didn’t have any more information for me :(

    Could she have done the interview today? What does this mean and how long does it usually take? What time frame should I look at? What are my options at this point?

    For those of you who have more experience please advise on what I should do next (I really have no clue where to start, other than contacting a lawyer).

    Thank you in advance!!!!!!!!!!!!!

  2. Hi all,

    My fiancee is here on a K1 Visa and I'm getting ready to file her AOS. I just returned from the civil surgeon's office with the I-693A, and here is what the doctor wrote:

    DT/DTP - Not age appropriate

    Td - Not applicable

    Polio - Not age appropriate

    Measles (or MR or MMR) - Not applicable

    Mumps (or MMR) - Not applicable

    Rubella (or MR or MMR) - Not applicable

    Hib - Not age appropriate

    Hepatitis B - Not applicable

    Varicella - Not applicable

    Pneumococcal - Not age appropriate

    Influenza - Not fall/winter (flu) season

    Bottom line was that the civil surgeon said that the "Not applicable" vaccinations weren't required, but then he checked the box at the bottom of the I-693A that says "Applicant does not meet immunization requirements."

    Does anyone know which of these vaccinations are required by the USCIS or not?

    This is really confusing. My fiancee received her medical and vaccinations in her country as a condition to receive the K1 visa. Then, immigration took her package and all her documents at the POE, so we have no papers that prove her vaccinations or medical exam. What a messed up system!

    Thanks,

    -Tom

    Tom

    vaccinations are still required. According to USCIS

    " K and V nonimmigrant (temporary) visa applicants. Individuals applying for a K nonimmigrant visa as the fiancee or the spouse of a U.S. citizen or for a V nonimmigrant visa as the spouse or child of a lawful permanent resident (LPR) (including those applying for V status in the United States) must undergo a medical exam, but are not required to comply with the vaccination requirements at that time. They will be required to comply with the vaccination requirements when they eventually apply for adjustment of status. "

    You may want to check the following link Medical/Vaccination

    Is there a way for her to get a copy of the vaccinations she has received, not necessarily the one filled out by the surgeon back home? She needs to show that she has had the vaccines (even if her old doctor faxes over a sheet of her vaccination history so she can show it to the CS).

  3. As NYC pointed out it is possible to complete the AOS, but you have to remember that the burden of proving the bona fide relationship is on you.

    You provided very limited information so I have a couple of questions for you:

    - Why did you have to move with your advisor? Did that cause you to change I-20s?

    - How far are you from completing the program?

    - Are you planning on applying for OPT?

    - How far are you from your fiance?

    - Would you explain your phrase

    "The catch is that if we get married after i finish and move back to her, my F1 will expire and i will have to get a H1 and then adjust the status. Instead i have a valid F1 visa right now and applying right now after marriage will save me the time and hassle to look for H1 visa later by some employer."

    Hey there guys

    thanks alot for taking time out to reply.

    I had to move with my advisor because i am in last year of my phD and hopefully by next may i will be done. My F1 status (and I20 is same) is still valid till next may and then if needed i will apply for OPT.

    I moved from richmond, virginia to portland, OR.

    what i meant by that phrase is that " as we all know processing a green card takes time so if i can prove my relationship while staying apart for a year( ofcourse with a valid reasons and will gather supporting docs like plane tickets , pics , etc) i can save time and get my green card by next year .

    The question was trying to ask is " how much emphasis the "USCIS" put on staying together.

    as NYC and yourself said " its doable with supporting docs " is reasonable

    thanks

    Just keep in mind that once you file AOS your F-1 is null, therefore there is no need to apply for OPT. In regards to "staying together" it all depends on the officer and the evidence he/she may be looking for. Once again the burden of proof is on the couple not USCIS. Who knows maybe by the time your interview comes up you may be living with your husband (to be).

    Good luck and keep us posted.

  4. 2. Yes, All forms go together to the same address (Chicago Lockbox). Make sure to check for the correct fees for all the forms.

    Ok - I think this is clear.. what about the note from the I-131 form? "I-131 form instructions indicate that "a copy of the USCIS or former INS receipt as evidence that you filed the adjustment application" must be included... do we have to wait for the ROA for the I-485 and I-130 package before we can submit the I-131? "

    Since you're sending everything together you may want to simply write "see attached I-130 and I-485 applications"

    3. Even though H1 is a dual intent visa, she should travel on her Advance Parole document rather than go to get a new visa. Just to be on the save side I would take the original Approval Notice(s) for her H1 along with the I-131.

    Ok - we will submit the Advance Parole docs now... if for some reason the processing is slow, is there some expedited process that we can do in a day??

    Emergency AP can be done through an infopass appointment, but you will need to supply documentation in regards to the emergency. The AP takes (on an average) 2-3 months (in some cases much faster).

    5. Yes, please write the additional information on a separate (white) sheet of paper. Make sure that the header of that paper includes your name as a petitioner and your wifes as w beneficiary, along with the reason (bases on which) you are filing.

    Ok - I think this is clear - just wondering why I need to be including the "reasons why we are applying"?

    Sorry, I guess I was not clear. The heading should read something along these lines:

    Petitioner: Mr. X

    Beneficiary: Mrs. X

    RE: Form G325-A Additional Address for Petitioner

    Accompanying Application I-130/I-485 (based on marriage)

    You really do not have to include the heading, but it helps them keep the things together when they start your folder or just in case the paper gets separated from the rest of the file.

    6. Put your current job. When the time comes (interview) you will need to file new I-864 and bring proof of new employment (letter + paystubs)

    Ok.. so in the meantime, I do not need to contact them besides the change of address? I will just bring a new form to the interview?

    You only need to contact them in regards to the change of address. The new financial documents are presented at the interview.

    10. The I-693 needs to be submitted along with the vaccination supplement (these documents should be submitted in a sealed envelope obtained from the CS)

    We do not have any contacts for a CS... are these available? I have heard that we should wait to hear from USCIS to go to the medical exam (like the biometrics) is this true, or can we find Civil Surgeons listing in our area?

    Since she is adjusting from H1 you need to complete the medical prior sending the packet (otherwise you are taking a chance of receiving an RFE). If you are in Chicago area you need to do some shopping around since price vary (and some CS are very expensive). She will also need to prove that she has received the main vaccinations, otherwise she will have to retake them. To find a CS go to the following link Civil Surgeon

    If she does not have evidence of vaccination she may want to request one from her home country.

    Biometrics appointments are given by USCIS and they pretty much include fingerprinting, picture taking and signature.

    Hope this helps....

  5. As NYC pointed out it is possible to complete the AOS, but you have to remember that the burden of proving the bona fide relationship is on you.

    You provided very limited information so I have a couple of questions for you:

    - Why did you have to move with your advisor? Did that cause you to change I-20s?

    - How far are you from completing the program?

    - Are you planning on applying for OPT?

    - How far are you from your fiance?

    - Would you explain your phrase

    "The catch is that if we get married after i finish and move back to her, my F1 will expire and i will have to get a H1 and then adjust the status. Instead i have a valid F1 visa right now and applying right now after marriage will save me the time and hassle to look for H1 visa later by some employer."

  6. 1. She does not have an A number yet. She will receive it once you file.

    2. Yes, All forms go together to the same address (Chicago Lockbox). Make sure to check for the correct fees for all the forms.

    3. Even though H1 is a dual intent visa, she should travel on her Advance Parole document rather than go to get a new visa. Just to be on the save side I would take the original Approval Notice(s) for her H1 along with the I-131.

    4. No, she has not applied for employment authorization herself.

    5. Yes, please write the additional information on a separate (white) sheet of paper. Make sure that the header of that paper includes your name as a petitioner and your wifes as w beneficiary, along with the reason (bases on which) you are filing.

    6. Put your current job. When the time comes (interview) you will need to file new I-864 and bring proof of new employment (letter + paystubs)

    7. Put your current address. Make sure you save the mail you receive at that address (especially the one in both names). Once you move file the change of address form.

    8. You need the Certificate of Marriage showing that your marriage has been registered with the state (this is different from the paper you signed on the day you got married). You will need to request a copy from the County Clerk's Office.

    9. Everything goes together (neatly organized and labeled of course)

    10. The I-693 needs to be submitted along with the vaccination supplement (these documents should be submitted in a sealed envelope obtained from the CS)

    11. Send copies of everything. No originals because they would keep them. They will ask to verify the originals at the interview.

    Good luck !!!

  7. Hey everyone. I announced a few days ago that my visa was granted. I would like to reiterate that this website is really VERY HELPFUL. I am now in the USA with my wife to be. I got on the plane three days after I got my visa. Meanwhile something incredible happened. :no::no:I got selected at the Green Card lottery DV 2007.

    Now I’m both happy and confused. Of course I will marry and apply for my Adjustment Of Status. With regards to the processing times, I just wonder if it wouldn’t be possible to go on with the lottery process at the same time and the first Green Card to be issued would be the right one. And it possibly could be the lottery one if I ask to have the interview outside of the USA.

    Can you tell me what you would do if you were in my place?

    Thanks so much.

    Kweli - Congratulations!!!!!!!!!!!!

    I think that you should consider consulting a good immigration lawyer if you are planning on exploring AOS based on DV. Remember that DV applications are filed in accordance to the fiscal calendar. Also, the applicants adjustment is based on the classification and visa availability. Far more letters are sent out than the number of GC available. In addition, if a person is adjusting status in US he/she has to wait until her number "comes up" In some cases a person may have had a successful interview, but he/she may not receive a GC simply because the quota have been filled and the persons number happen to be too high.

    It is true that you would get a 10 year GC rather than a 2 year CGC, but I think that you should consider all the variables before making a final decision.

    Once again, consultation with good immigration lawyer may help you make the appropriate decision.

    Good luck

  8. thank you very much to answered

    Yes that was very helpful, I just was wounding what is my situation, but do u think they will renew my EAD again when it finish, last time they renewed it very fast. And how long can I keep this EAD with me while I’m still Student

    Thank you

    I do not understand how you got it in the first place, it would appear from your posting that you have no basis to file for one?

    The OP seem to have won one of the DV lottery numbers in '05. He was completing an AOS process and had to wait for his DV number to come up. While his AOS was pending he was entitled to an EAD. It is unclear to me on what basis he received the extension (unless it had to do with the timing of fiscal v. calendar year based on the DV lottery number he received).

  9. There are a few things to consider:

    F-1 is a non-immigrant visa, therefore direct AOS adjustment is not possible.

    In order to be eligible for EAD (with F-1) you need to present a case that would show hardship on your and your sponsors part, therefore forcing you to ask for EAD. I understand that your case was different, but I hope that you have notified your designated school official about obtaining your EAD (just to avoid possible problems in the future).

    You have not specified which degree you are pursuing, so I am not sure if you have used your OPT option. Many F-1 students choose to complete their OPT after obtaining bachelor's degree and in many cases the company they work for chooses to sponsor them for an H-1 visa. H-1 is a dual intent visa which means that you can apply for AOS while still maintaining your H-1 status. The sponsorship of the H-1 is based on the premises that that no person currently eligible for work in US qualifies (or has applied) for the job you are applying for. It is a lengthy process and in order to change the status in US you must always maintain your F-1 status.

    Good luck with the whole process....

  10. :blush: Does the date of the medical matters.

    I think i did my medic al in June 2005....Do i need to do more exams?

    Thank You

    Jessica & Pierre

    Medicals are usually good for a year. I would contact the doctors office in regards to the actual date when you had your medical and take it from there.

    I hope there are some VJ members who have gone through the Miami office and can provide you with a bit more feedback in regards to the interview experiences.

    On the same note (a) did you turn in your vaccination supplement and (b)were all your vaccines up to date?

    Some VJ members have been asked for an updated medical while others have not. It is really hard to tell.

  11. It is always good to keep copies (for your own record). I hope you do remember what you wrote down (especially dates and addresses) since they may ask questions to verify (POE date, previous addresses, parents' names, etc).

    Lately, many VJ members have been sailing through the interviews and these questions were not even asked, but it is always good idea to review these dates (we all know dates sometimes blend into each other :o )

    By the way your time lines is not up to date and I am wondering how old is you medical (since you stated that your AOS was filed about a year ago).

    Good luck. :)

  12. I would greatly appreciate any kind of input given to my situation.

    I came to the US on an F-1 in 1998, on my last semester I got hired by a company that sponsored my H-1B. This visa was valid from February 2000 until December 2003 (December 1, 2003 was the date on my I-94).

    Now in December 2000, my mother (a US resident/green card holder) applied for an AOS based on family, we got our NOA1 at the end of December of that year and has been in process ever since.

    Now, my question is, am I considered "Out of Status" since my H-1B expired on December 1, 2003? But if I had left, wouldn't it had meant that I abandoned my I-130/AOS petition? I'm confused :(

    For more references, I got married to my baby (US Citizen) on March 29, 2006 and have applied for AOS on May 5, 2006. I'm asking this because I would need an emergency AP (my father had two strokes in the past month and I haven't seen him since 2003 when he came to visit) and neither my husband or I want to either threaten our application or be denied entry IF I get an AP.

    Thank you in advance and I appreciate your input.

    Also, do I need my original I-94 for the interview or a copy is enough?

    Any other relevant information:

    Mother petition AOS filed in TSC in 2000

    Husband petition AOS in VSC in 2006

    I am so sorry to hear about your parent. Hope you and your family stay strong during this difficult time.

    Here are a few questions for you:

    - Did you continue to work after the expiration of your H1B?

    - Was there a possibility of your company filing for an extension of H1B (usually H1B are done on the 3+3 method - you work for three and then you get an extension for another three years)

    - What status did you put on your application?

    H1B is a dual intent, as long as it is a valid one. As far as your AOS (filed by your mom) goes it is my understanding that you have to wait until your preference category become current (someone please correct me if I not saying this correctly). If you happen to be in the US (legally) then you can complete the AOS, if not the process would have been forwarded to the consulate.

    As far as the I-94 goes I am assuming they would like to have the original. (Unless you adjusted from F-1 to H1B here, therefore your I-94 would be on your NOA. In that case you should have your I-94 from the entrance on F-1)

    I would speak to an attorney before obtaining the AP and I would make sure that all he/she understands all the facts correctly.

    Good luck!!!!

  13. i have a question for you, hope you can help me.My girlfriend came to america, she is from the ukraine..she came over here on a j1 visa, (exchange student visa) it was good for 12 months, she is no longer in that program anymore, we are married now, and we want to change the status of her visa.. i am not really sure what step to take after marriage..any info would help...she is currently in usa and want to change status without leaving america. i am thinking since she is out of the exchange student program that her visa is closed status now.

    I believe you have asked the same question a couple of weeks ago :yes:

    http://www.visajourney.com/forums/index.ph...topic=11902&hl=

    Here is a link to similar topic at the site

    http://www.visajourney.com/forums/index.php?showtopic=12513

    I guess the main concern beside the home residency requirement is whether or not the J-1 holder has been out of status or not (prior marriage).

    I would consider consulting an attorney.

  14. You'll be surprised how that packet follows you wherever you go :) Mine initially came from LA then to Manila, back to LA again and now here in NC. When I did my AOS interview, I saw the big chunk of file with everything in it. I'll probably see it again during my naturalization interview, hopefully that's the last time I'll see it :)

    I hate to get off topic but I am just curious about your N-400. My understanding is that you can not apply until you have been a LPR for 3 years (minus 3 months). Did the guideliness change? Just curious as to what the actual process is. Thanks in advance

  15. My fiance and I looked over teh example forms for the DS-156 and had many questions.

    #6, 7, 8, 9... The name: Her name on her passport has 4 names, her mothers maiden name. How is she suppose to write her name the way it is on her passport if we just use the 3 name system?

    #16... Phone numbers: Does she REALLY have to put her work phone and fax number here??

    #28... Who will pay for trip: Is it better if she says she will pay? Does it hurt to say I will pay?

    #32, 33... Work or study: Again, is it better to say you will work and not study? She will work, but not soon.

    #34.... Persons traveling with her: I'm going to go there and come to the US together. Does my name go here?

    #40... Application prepared by: Does she fill this out or leave blank?

    Well I guess this is about all for this form. We just had these few doubts and could use some advice. Thanks for any help :)

    #6, 7, 8, 9 - She can always have 2 middle names. It is important that you keep consistency once you enter the US and apply for the AOS, etc. If she takes on your name (upon marriage) she will need to decide how does she want her name to appear and them fill out all the forms in that fashion. It is very important that she list the name as it on passport.

    # 16 - If she is claiming that she is currently working then she should list the number(s) of her employer

    # 28 - It does not matter who pays. If she says she will pay they will ask her for the proof of funds to pay for the trip.

    # 32 and 33 - she may express the desire to work and study, it is important to state that she will do so after filing the appropriate paperwork and obtaining authorization (EAD)

    # 34 - She may list you as a travel companion

    # 40 - Is someone else prepares this form for her (you, an agent, etc.) then this question should be answered. If she prepares the form herself, then she should leave it blank

    Hope this helps. The best of luck !!!!!!!!!!!!!!!

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