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lostunderwaves

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Posts posted by lostunderwaves

    Transferring to CSC

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    So this may be a really stupid question, but I'm always seeing people talking about their AOS getting transferred to the CSC. I get that that's better and means no interview, but does anyone know the criteria for cases that are sent there? Is it because the application is really well put together, because their local office is swamped? And does it always result in approval if a case gets sent to the CSC?

    Sorry if these questions have no real answers, I'm just curious! (Especially because I've heard the Memphis local office, the one we have, is particularly swamped, so I'm hoping that's a reason for a transfer!).

    General Affidavit of Support ?s

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    Anecdotally, practically and according to the CFR, an overstay is forgiven by virtue of marriage to a USC. Providing that is the only infraction. He should not leave the country prior to receiving approval of the petition.

    Deportation usually takes a while. Usually. In most instances the immigrant would be given a Voluntary Removal opportunity - in other words, leave on your own.

    He will most likely be granted his EAD. There are others in this community who have longer overstays and received the employment authorization. It is a separate petition and has no bearing on the status adjustment.

    Denial of a petition takes more than one 'head'. The supervisor has to sign off on an Immigration Officers recommendation of a denial.

    You should file a I864 as sponsor and your father should file his own as joint sponsor. I believe (if you are using the correct form) that there is a designation on the form - tick the appropriate box. Definitely send both petitions together. Address any issues such as no tax returns because of no work history by a cover letter. Income that is not reportable to the IRS is also not reportable on the I864.

    Thanks for your quick response! Do you happen to know about the waiver/appeal thing? Or about the passport photos? Again, thanks so much for all that information-- we really appreciate it.

    You need to treat each application independently. 2 photos per. Sorry - don't know about your ability to appeal if denied.

    Thanks a bunch =) Hopefully the appeal thing will never come up (crosses fingers)!

    General Affidavit of Support ?s

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    Anecdotally, practically and according to the CFR, an overstay is forgiven by virtue of marriage to a USC. Providing that is the only infraction. He should not leave the country prior to receiving approval of the petition.

    Deportation usually takes a while. Usually. In most instances the immigrant would be given a Voluntary Removal opportunity - in other words, leave on your own.

    He will most likely be granted his EAD. There are others in this community who have longer overstays and received the employment authorization. It is a separate petition and has no bearing on the status adjustment.

    Denial of a petition takes more than one 'head'. The supervisor has to sign off on an Immigration Officers recommendation of a denial.

    You should file a I864 as sponsor and your father should file his own as joint sponsor. I believe (if you are using the correct form) that there is a designation on the form - tick the appropriate box. Definitely send both petitions together. Address any issues such as no tax returns because of no work history by a cover letter. Income that is not reportable to the IRS is also not reportable on the I864.

    Thanks for your quick response! Do you happen to know about the waiver/appeal thing? Or about the passport photos? Again, thanks so much for all that information-- we really appreciate it.

    General Affidavit of Support ?s

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    I'm a USC planning on filing my husband's adjustment of status package soon (he's British, came in on VWP). I'm an unemployed student, and don't have the finances to sponsor him alone, so I just want to make sure I'm getting this right: I file my own I-864 and the joint sponsor (my dad) fills out his own I-864-- the I-864A shouldn't be coming into play since he's not a household member (my husband and I live alone and in another state), right? Am I okay to assume that they'll see the two I-864s and realize that I'm the sponsor and my dad's the joint sponsor, or would I need to make a note of this?

    Second part: I'm 21 and haven't ever made enough money to file taxes, so I have no tax returns that I can include-- should I make a note of this somewhere, since my I-864 will be lacking any documentation? Additionally, I worked for about week total this year and made $80-- surely I don't need to note that as my income? Or should I put that down, just to be on the safe side?

    Third: how would you recommend packaging it all together? Paper clip and label with a post-it note each separate form? What about all of the supplementary information? Also, it seems that I recall that two of the forms we're submitting (I can't recall which) require 2 passport-style photos. Can we include 2 photos total, or would we need 2 for each form that requires them?

    Okay, a couple more questions I'm not sure there's an answer to: once the application for adjustment is submitted, is the approval or denial decision solely made at the time of/after the interview, or do they ever deny an application (not because of lack of required materials) before the interview? Also, we're filing for an EAD along with this package. Since he came in on a visa waiver and then got married ... and then overstayed beyond a year, is there a good chance it will be denied, and if so, does this reflect how the AOS will probably go too? We're just wondering if seeing the EAD denied would pretty much guarantee that the AOS is denied.

    Last bit, I promise: if the AOS is denied, since he came in on a waiver, he can't appeal, right? What would happen after it was denied? Would he be deported automatically or because he overstayed so long? And if he is deported, is he guaranteed to be subject to the 10-year bar?

    Thanks for any and all help-- I hope I included everything y'all need to know! I understand y'all aren't lawyers, so any input you feel comfortable giving would be really appreciated.

    I-130 Approved

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted

    We sent in the I-130 and the G-325A. He didn't come over with the intention of marrying me-- it just kind of happened. The original plan was for him to come for Christmas and then stay with his dad in Ohio until his return flight which was in January. We filed the I-130 package before his VWP expired, and received the NOA1 the day after his waiver expired.

    Does this count as overstaying? We read somewhere that as long as there was paperwork pending, it wasn't considered an overstay, and that overstays were typically forgiven in the case of marriage anyway. If it does count as an overstay, what will that mean for us?

    What *was* your intention when filing the I-130?

    "we read somewhere" is not what I'd call detailed research. You need a legal intervention. Sorry to be blunt.

    As to the overstay and what to do about it? Your husband should not leave the US under any circumstances (unless he's going for good) until you two have a firm understanding of what you're doing and what your particulars are. You'll get that from a lawyer.

    I know that it wasn't detailed research-- we posted here on VJ and spoke to relatives who have had similar situations, and what we filed was what was suggested to us. We were just told that his visa was going to be sent to the consulate in England, and they would have to stamp his passport there-- which would indicate that we have to go there anyway.

    If you reviewed your own initial posts here at VJ, several people explained where you should look and what the difference between a visa and an adjustment of status are.

    http://www.visajourney.com/forums/index.ph...ic=4021&hl=

    The last post spells out clearly what his status would be by only filing the I-130. I see that finances were/are your main concern; had you filed properly or followed up on the suggestions (hint: go back and re-read the links offered to you then) he could have applied for a work permit and would be working by now.

    Don't call uscis or visit them; the people you get to talk to will give you confusing and often incorrect info. You won't know until it's too late that the info is wrong (like the answer you got yesterday).

    See about borrowing the money for your applications, or pick up another PT job.

    Get your yellow pages out and look for immigrant's assistance groups like Catholic Charities that offer low or no cost assistance since all the lawyer talk probably put you in a panic. You must come up with the I-485 money and get this rolling---time will not improve the situation. : (

    After much digging (and reviewing my earlier posts both on this site and immigrate2us.net) I found this: http://www.uscis.gov/graphics/howdoi/LPReligibility.htm#j which indicates that we should stay here to file. I also spoke with a lawyer I found and he agreed that this is what we should do.

    I-130 Approved

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted

    We sent in the I-130 and the G-325A. He didn't come over with the intention of marrying me-- it just kind of happened. The original plan was for him to come for Christmas and then stay with his dad in Ohio until his return flight which was in January. We filed the I-130 package before his VWP expired, and received the NOA1 the day after his waiver expired.

    Does this count as overstaying? We read somewhere that as long as there was paperwork pending, it wasn't considered an overstay, and that overstays were typically forgiven in the case of marriage anyway. If it does count as an overstay, what will that mean for us?

    What *was* your intention when filing the I-130?

    "we read somewhere" is not what I'd call detailed research. You need a legal intervention. Sorry to be blunt.

    As to the overstay and what to do about it? Your husband should not leave the US under any circumstances (unless he's going for good) until you two have a firm understanding of what you're doing and what your particulars are. You'll get that from a lawyer.

    I know that it wasn't detailed research-- we posted here on VJ and spoke to relatives who have had similar situations, and what we filed was what was suggested to us. We were just told that his visa was going to be sent to the consulate in England, and they would have to stamp his passport there-- which would indicate that we have to go there anyway.

    I-130 Approved

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted

    I just spoke to a customer service representative for USCIS, and she said that we have no choice but to go to England (since his visa is being sent there anyway) because he overstayed. And that if we filed the I-485 here, it would be denied because he overstayed.

    What should we expect when we get to England as far as paperwork? Do we file the I-485 there?

    I-130 Approved

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted

    We sent in the I-130 and the G-325A. He didn't come over with the intention of marrying me-- it just kind of happened. The original plan was for him to come for Christmas and then stay with his dad in Ohio until his return flight which was in January. We filed the I-130 package before his VWP expired, and received the NOA1 the day after his waiver expired.

    Does this count as overstaying? We read somewhere that as long as there was paperwork pending, it wasn't considered an overstay, and that overstays were typically forgiven in the case of marriage anyway. If it does count as an overstay, what will that mean for us?

    I-130 Approved

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted

    I just got an email saying

    "Application Type: I130 , IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

    Current Status:

    This case has been approved. On June 20, 2006, an approval notice was mailed. If 30 days have passed and you have not received this notice, you may wish to verify or update your address. To update your address, please speak to an Immigration Information Officer during business hours."

    Since my husband and I already live in the US (he came in December on a visa waiver, we got married in late February), we were hoping to do an adjustment of status. What is in store for us next? We haven't gotten the actual NOA2 in the mail yet, so I don't know what other forms/documents that contains.

    Do you still have to do an interview if you're doing an adjustment of status? And as far as the affadavit of support, will they send the forms when they want/need them, or should we go ahead and have them sent now?

    Thanks.

    Going to school

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted

    My husband and I have filed for the I-130, but still haven't received a receipt or anything. We were wondering, however, is my husband able to go to school while he's here and waiting on paperwork to be approved? He came to the States on Dec. 19 on a visa waiver from England, which expired March 19. We sent the I-130 and G-325As, but that was all. So for him to be able to go to college, what would we need to do/send? Or would we need to wait until he gets his visa and all that?

    Vaccinations for I-693

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    I see that in the I-485 package, the I-693 is listed, but as I have been reading some members' timelines, it appears as they did not have to send off this form until after the I-130 and I-485, etc. had been received. The reason I ask is that we're spending our entire savings on this paperwork, and barely have enough (assuming that the medical exam is $100 as we have been quoted by a local authorized surgeon). The main concern is that if immunizations are required, we won't be able to afford them.

    I see that the information page for the I-693 says:

    What are the vaccination requirements?

    You should have vaccinations for:

    * Mumps

    * Measles

    * Rubella

    * Polio

    * Tetanus

    * Diphtheria toxoids

    * Pertussis

    * Influenza type B

    * Hepatitis B

    If you are unable to submit all your vaccination records at the time of the exam, or if you have never had certain vaccines, the Civil Surgeon or Panel Physician can administer them to you.

    Important: Do not try to fulfill your vaccination requirements before you meet with the Panel Physician or Civil Surgeon, in case it is not medically appropriate for you to have one or more of the required vaccines

    But then on the actual form, it says under "Immunization Incomplete" on page 2 that "Immunizations are not required, but the applicant should be encouraged to go to a physician or local health department for appropriate immunizations." So does this mean that they really want you to be immunized, but it's not actually required? (Since the uscis description says "should" rather that "must.")

    Sorry for getting so technical!!

    Initial package

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted

    Another question:

    I see that in the I-485 package, the I-693 is listed, but as I have been reading some members' timelines, it appears as they did not have to send off this form until after the I-130 and I-485, etc. had been received. The reason I ask is that we're spending our entire savings on this paperwork, and barely have enough (assuming that the medical exam is $100 as we have been quoted by a local authorized surgeon). The main concern is that if immunizations are required, we won't be able to afford them.

    I see that the information page for the I-693 says:

    What are the vaccination requirements?

    You should have vaccinations for:

    * Mumps

    * Measles

    * Rubella

    * Polio

    * Tetanus

    * Diphtheria toxoids

    * Pertussis

    * Influenza type B

    * Hepatitis B

    If you are unable to submit all your vaccination records at the time of the exam, or if you have never had certain vaccines, the Civil Surgeon or Panel Physician can administer them to you.

    Important: Do not try to fulfill your vaccination requirements before you meet with the Panel Physician or Civil Surgeon, in case it is not medically appropriate for you to have one or more of the required vaccines

    But then on the actual form, it says under "Immunization Incomplete" on page 2 that "Immunizations are not required, but the applicant should be encouraged to go to a physician or local health department for appropriate immunizations." So does this mean that they really want you to be immunized, but it's not actually required? (Since the uscis description says "should" rather that "must.")

    Sorry for getting so technical!!

    Initial package

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted

    My husband and I are applying for him a CR-1, and we want him to be able to stay permanently in the States, so we also intend to file for the AOS at the same time. This means that we need to file:

    I-130

    G-325A

    I-864

    Reading on the USCIS web site, it seems that we also need to include an I-693. Is this accurate, or can this be sent at a later date? Also, are there any other forms that need to be included at this time that we're missing? Thanks.

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