blueniv

Seriously. You are hiding behind a blank avatar and trying to insult me? Just because me and some other people point out facts.

What are these "facts" you are pointing out? All you're doing is showing the world how spiteful you are and how superior you feel for having gotten your GC the "right" way. My gripe is that you have zero understanding why people make the decisions they do and have the audacity to generalize everyone while making wild assumptions about people's motives. You have a lot of growing up to do, since all you can see is "omg no fair! I had to wait so long and they didn't!"

And yeah, I don't post my photo here, what do you think this is, Facebook? Give me a break.

Lol. Zero hardship, really? More proof that you have no idea what people go through, all you see is "omg AoS from VWP!" and presume that everything is premeditated.

you experienced ZERO hardship in the process. Really, immigration was a piece of cake for you. You just hopped on a plane "changed your mind" and lived happily ever after. Who are you to tell how people to feel when they are separated from their loved ones for close to or more than a year in some cases? The VWP and visitor's visas are not intended for marrying. Just because something is permitted/excused doesn't make it right either. I can go on and on about standards of behavior throughout history that were legal yet wrong in a moral sense.

Lol. Zero hardship, really? More proof that you have no idea what people go through, all you see is "omg AoS from VWP!" and presume that everything is premeditated.

Do you feel better about yourself now? Of course all I can do is whining on an online forum. You got what you wanted, you got your green card, be more humble.

You presume to know even the first thing about me, ma'am. I suggest you take your own advice and be more humble yourself.

People being allowed to adjust from tourist visa IS a loophole.

When someone on a tourist visa enters the US, he will obviously say at POE that he has no intent to immigrate because if he said otherwise, he wouldn't even be let into the country. All the tourist visa adjusters claim to "have changed their mind" while being in the US.

But who exactly checks what their REAL intent was? Based on the AOS interview experiences I have read on this site, the only thing that can happen to them is the immigration officer asking "what was your intent when you entered the country" and they just have to say "no intent to say" and bamm they get their green card.

I came to visit my then-fiance/now-husband on ESTA but it never even crossed my mind that I should stay. Boy, we love each other madly and it was so hard to say our "see you laters" at the airport. But we knew that the K1 visa is the right thing to do. And by the way I don't get how can one simply "change his mind" and stay? Don't they have a job, school, family, pets, etc in their home country?!

How exactly does this affect your personal life? If you feel so strongly about it, go into politics and get the system changed. Whining about it on an online forum does no one any good.

Wow congratulations.

Btw, Why did you get the RFE regarding Tax return?

We didn't have one because we were unaware that if a U.S. citizen works abroad, they still need to file taxes in the U.S. The U.S. Is like one of two countries in the world that require their citizens to report income not earned in the U.S., even if they don't live there. And we were living in Holland at the time, paying Dutch taxes.

You have Seattle stated as "local office" in your profile, are you flying to seatac again? Apparently, according to my husband who came through there two weeks ago, VWP travellers who have already been to the U.S. on at least one occasion now get to use one of the automated kiosks instead of having to deal with an actual CBP officer. And even if you do, I wouldn't fret too much. If you tell them you're staying with friends, they'll ask you if they're any kind of "romantic" friend, and if the answer is "no", you have little to worry about

edit: nevermind, apparently after using the kiosk you still go to a CBP officer for final processing

Had my interview this week and had my case approved Green card production has been ordered, I've been registered as a legal permanent resident and couldn't be happier

I'd just like to thank everyone here on the forum who contributed to answering questions I had about the process!

If you are married; she has to go back to UK and you file the I130. wait like 6 months and she will be processed. Even tho you are married; she will be out of status as of tuesday and here illegally. She cannot wait for the I 130 to process. You dont do the aos until they have already been approved on the I130. Sorry, but you will have to be separated for about 6 months or more.

This is 100% b%ll$h!t. She doesn't have to leave the country and will be absolutely fine once USCIS receives the I-485.

Also keep in mind though that even an expired F-1 visa will continue to guarantee lawful presence in the US if you have valid student status. So if she was enrolled in school at the time her visa expired, she would still have been legal for as long as she remained a student. Technically, she could use an expired F-1 visa indefinitely, as long as she didn't leave the country and was enrolled in some school or college.

Why wouldn't you want to show your green card?

I'm confused. Are you a US citizen? If your plan is to have your parents come over on a tourist visa and then adjusting status for them by filing I-130/I-485, that would be illegal. If you're asking if you can pay for their holiday to the US, then yeah, sure.

Be careful - the mother might not understand what a complete tax return is and send you something that is incomplete. Then you will be denied. It is better to ask her to request tax transcripts from the IRS.

Gotcha, we'll also do that then. And to make sure, we'll also go back to the accountant we went to yesterday seeing as she was a Russian lady married to a USC and likely had to go through the same process

Btw, what if it gets denied? Can I immediately file another I-485?

Well, I'm not a 100% sure on this, but I remember reading a memo from USCIS saying that any I-130 filed by a USC on behalf of a non-USC spouse is either to be accepted or approved on the spot and cannot be denied, hence making a visa number available immediately. I can't find it online >< But I guess that could explain why the I-130 being processed has no effect on the I-485 interview?

Someone else should be able to answer this better than I can, I'm in way over my head haha

The requirement is 6 months pay stubs btw. Perhaps that is a sticking point? Did you write a note explaining why you don't have that?

Also if you can scan the RFE perhaps we can more clearly see what they're asking. or compare to mine over here

I agree with Harpa though, you got to be careful in how you respond. I asked a bunch of people and figured it out. and had a very clear cover letter showing what they claimed was missing and how i've corrected it etc. It went through just fine after that. Do not reply to the RFE if you still have confusion....

We only had paystubs from March through June because my husband started his job at the end of February and we did explain in a separate note why we were unable to provide 6 months worth of paystubs. My RFE is the same as yours, except I don't have that first request, the one asking for proof of employment and paystubs, which now confuses me even more.

His mother is sending us copies of her tax returns of the last three years and yesterday we met with an accountant and got his 2013 tax return sorted (0 earned, 0 owed whoohoo...). My deadline for the RFE is November 3, and to be sure we're going to have an attorney look everything over to make sure we have all the correct evidence.

Also, in the meantime, I think we have 6 months worth of paystubs and a couple of bonuses. Should we send those in too?

We met with an accountant, the tax return business has been taken care of. The only thing which still confuses me is why they claim he doesn't make 125% of poverty guidelines seeing as this year alone he's earned enough gross income to sponsor a household of three. We sent in all available pay stubs and a statement from his company (not some mom and pop store either, it's a big multinational) that he is employed full time and shows his annual income. But w/e, my mother in law is going to co-sponsor just to be safe.

so thees absolutely no way I can get a job OFF campus?

Only with express permission from USCIS. But chances are very very very slim. So don't count on it.

His being a student also has nothing to do with whether he needs to file taxes or not.

If he did not work, then you need to say he was not required to file taxes, by law, because he had no income. The explanation that he was a dependent or that he was a student is not acceptable, because it is just not true. You will need to do that, no matter what.

If you want to use the mom as a co-sponsor, and she files joint taxes with the dad, then she needs to fill out I-864 and the dad needs to sign I-864A, saying it is okay to use the joint income for the sponsorship. Include all supporting evidence and proof of her USC status.

Yeah in the meantime I found out about the I-864A, thank you

We did include a letter stating just that, that he had no income and therefore was not required to file any taxes. Unless student loans count as income? I think I'm better off letting my husband sort this mess out because I really don't know the first thing about US taxes :S it seems much more complicated than Dutch taxes, the employer usually takes care of everything.

Thanks for the information, I appreciate it

Being a dependent does not mean that the person does not have to do their own tax returns. You guys are confused.

Dependent kids also need to file their own tax returns if they worked. You just get less exemptions because someone else claims you as a dependent.

The parent claim the person as a kid, but they do not add the kid's income or pay taxes on it.

Did your husband work last year?

No he didn't, he was a student

So... taxes and income. We just received a RFE for taxes filed in 2013 and proof of income. My husband started working for a company in Seattle starting last Feb and makes more than enough money to sponsor a household of 2 (around 40k). With the I-864 we sent all the paystubs we had (4-5 months worth), a letter from his employer stating he is employed full time and makes 40k a year and a letter stating that we are unable to file any tax returns because this year is the first year he's not a dependent. So do we now file his parents' 2013 tax return seeing as he was a dependent under them? He's never had to file taxes solely for himself.

Also, just to be safe, we now want to add his mother as a co-sponsor. When she files as a co-sponsor, can she use the combined income of her and her husband as her income or does she use solely the income of her as an individual? They file taxes jointly.

okay thanks Boiler

whoops, can i get a job on an F1 visa?

You would only be allowed to get a part time job on college campus which would not pay much and there's a lot of competition for those.

http://www.***removed***/visas/studentvisa/working-parttime.html

_{What is your official status while awaiting AoS interview? Visitor? Trying to work out whether I can get health insurance on the marketplace while awaiting the interview as we are expecting a baby.}

I'm in the exact same legal status as you (I-485 filed, VWP AOS) and I have health insurance (Aetna) through my husband's company. I also have bank accounts with Bank of America and a credit card (a secured one since I have no credit). Once you file your I-485, no one is going to deport you while it is being processed. Don't worry, you'll be absolutely fine.

Depending on in which state you live you can even apply for a state ID/driving license. Here in Washington all I needed to do was declare I did not have a SSN and provide proof of residency (my name on the apartment lease, bank statements addressed to me at my WA address, etc).

Good luck

It sounds like you have absolutely nothing to worry about. File the I-485 with the NOA from your I-130. No one is going to organize a manhunt to deport you back to NZ, and even if you did enter the country with intent to immigrate, since you are married to a USC, that alone would not be enough to deny your petition, according to US law.

hmm now im worried! eek

Wait I just noticed you have your EAD already? Now I'm pretty sure you have nothing to worry about.

Sounds like you might want to contact USCIS and inquire about this.