angey_blueskies

39 minutes ago, angey_blueskies said:

HELP! I live in Washington state and am on my 2 year greencard, having received my AOS in November 2016. My Canadian passport expires in 2 weeks and I need to apply for a new one. I have questions and really need advice:

1) Because of getting married, my last name has changed. Can I apply for a passport renewal or is there a different application I need to fill out?

2) RE: Guarantors - I live in the USA. Canada.ca passport website says when applying from in the USA I must use guarantors who have known me for 2 years and are from professions like dentist, pharmacist, dr, etc, as long as they meet the "basic guarantor requirements". Problem is the basic requirement is that guarantors be Canadian! The dr/pharmacist/etc I know in WA are Americans. What do I do?

3) I can apply for my passport from the USA or I can take a day off of work and go up to Canada and submit my application there. If I submit it in Canada, can I put a rush on it and pick it up before the end of the day? Or do I just pay them to mail it to my US address and then use my greencard to get back into the USA?

 

 

A correction and addition since my last post...

1) Since my last name has changed due to marriage, I believe I need to apply for a whole new passport and submit a copy of the marriage certificate.

3.a.) If I go up to Canada and submit it, do I still fill out the Adult General Passport Application (in the USA) form? Or a different form? I cannot stay more than 1 business day in Canada so would then have to have it mailed to me in the USA.  Thus, would submitting it in Canada then having it mailed to me in the USA make it process faster than just mailing it from the USA?

Please advise 
 

HELP! I live in Washington state and am on my 2 year greencard, having received my AOS in November 2016. My Canadian passport expires in 2 weeks and I need to apply for a new one. I have questions and really need advice:

1) Because of getting married, my last name has changed. Can I apply for a passport renewal or is there a different application I need to fill out?

2) RE: Guarantors - I live in the USA. Canada.ca passport website says when applying from in the USA I must use guarantors who have known me for 2 years and are from professions like dentist, pharmacist, dr, etc, as long as they meet the "basic guarantor requirements". Problem is the basic requirement is that guarantors be Canadian! The dr/pharmacist/etc I know in WA are Americans. What do I do?

3) I can apply for my passport from the USA or I can take a day off of work and go up to Canada and submit my application there. If I submit it in Canada, can I put a rush on it and pick it up before the end of the day? Or do I just pay them to mail it to my US address and then use my greencard to get back into the USA?

I came to the US under a K-1 visa in March 2016 and my hubby and I were married April 2016. I applied for my Adjustment of Status (AOS) and went in for my AOS interview on Jan. 20, 2017. I received my conditional residency and 2 year green card, dated as starting Jan. 20, 2017 and expiring Jan. 20, 2019.

I realize that I need to apply to lift the conditions 90 days prior to my 2 year green card expiring. That said, both my husband and I recall the immigration officer who interviewed us for the AOS interview stating that ONE year after receiving the 2 year green card (i.e. we're approaching that deadline now), I should submit for a removal of conditions (ROC). So we were verbally told to apply for a ROC 3 months before my 1 year anniversary. BUT everything I've read seems to point to 3 months prior to the 2 year expiration date of my green card. 

My question is this: Is there anything at all that I need to do ONE year after receiving my AOS and my 2 year conditional residency green card? Or do I just continue collecting evidence of our marital relationship and submit the I-751 package before my 2 year green card is up? I just want to make sure I'm not missing anything here, since the immigration officer seemed to repeatedly say 1 year.

Thank you! I went to Canada for the weekend. They did pull me into secondary when I came back to the USA but it was only to add a "temporary I-551 evidencing permanent residency" sheet to my passport. What was funny is I got the same customs guy as I had when I moved across the border on my K1 and he immediately recognized me. 

Hi there! I was granted a K1 in Feb. 2016. Hubby and I married in April and I applied for AOS in June 2016. 

We received a few minor RFE's, which we easily dealt with. Today I got my combo card for employment authorization and advanced parole (I-512). YAY!

My family from Canada is excited to have me drive up and visit for the weekend. I'm scared though because our AOS interview is next week in Seattle. My K-1 expired in August 2016, but I did fulfill all the requirements. I am just afraid that I may be denied re-entry. Should I just be cautious and wait a week and go to the interview first before going to visit my family in Canada? Or am I totally and completely fine to travel?

Thanks! I think that's the reason I was worried about it: the I-797C they sent me about the interview said to bring an I-693 unless already submitted. Technically I never submitted one, since it wasn't needed back when I applied for AOS. So that naturally made me worry that I needed to get a new one. Probably the very same reason so many other people get this letter and are suddenly worried about it.

Our interview is coming up on the 23rd. I'll let you guys know if they ask us for a new one or not!

Did they ask you for a new one? How did it go?

The only thing that has me concerned is how, when I type in my receipt number on the USCIS website, it is still showing my interview as scheduled for December 19, 2016.

Well that seems to me to be a solid approval of your request... Like I said, if you want extra assurance you can go to your local office via an infopass appt and confirm with them in person that you are in line to be scheduled when a slot opens up. Thats really all you can do.

Are you traveling internationally?

No we are not traveling internationally. Just flying a number of hours out of state. If worse came to worse, the USCIS office in the state we're traveling to is only a 10 minute drive away from where we'll be staying.

or is it a confirmation number that your request to change the interview was accepted?? These are two different wordings... Please read it carefully. Basically when you put in a service request for something they open a "case" to ask for whatever it is you want. If you call on the phone the phone person does this. They make a case and enter in the details and then it gets bounced around to the people who need to handle it. Eventually it makes it way back to you via email and a letter in the mail with the official response. There can be various updates through out the process saying things like request received, need more info, request denied, or request approved.

IF you got the FINAL request approved confirmation then you shouldnt have any problem.

It can take a while for a new slot to open in your local office. You may not get the new interview date before you leave. If there are any open slots through info pass at your local office and you have time you can go down there and verify that they have gotten your cancellation info and that you are in fact in line to be scheduled for a new appt. This would put your mind at ease. Bring the paperwork showing your approved confirmation that you got from the service request.

For rescheduling- they dont have to reschedule you for a planned trip. It is at their discretion. They seemed to have approved you, which is great!

Let us know how it goes!

Hi Damara,

Thank you for your help!

I received an email from USCIS-CaseStatus@dhs.gov that states the following:

"U.S. Department of Homeland Security

I also have just received an RFE on my full legal name for forms I-131 and I-765.

Do you have to get the sworn affidavit notorized? The RFE doesn't say.

I received RFEs for my I-131 and I-765 saying, "Service records and information provided on your I-765/I-131 application conflict regarding your full legal name. Please submit a sworn affidavit indicating your full legal name...."

Do you actually have to get it notarized or can you just submit a sworn and signed affidavit?

Hi all, I'm a Canadian who married an American in WA in April under a K-1 visa.

On November 22, 2016, we received our Request for Applicant to appear for initial interview for our Form I-485 Application to register permanent residence or adjust status.

It set our interview date for December 19, 2016. Problem though is we have flights booked and have invested a lot of money to spend time with my great aunt.

Instead of checking with visajourney forums about rescheduling an interview, I just called the USCIS Service Center and put in a request to reschedule.

On Dec. 2, I received an email from USCIS saying that my request to reschedule my interview was approved and that I would receive a new notice once a new appointment was scheduled.

It was only after receiving this email that I read up on visajourney about the perils of trying to reschedule AOS interviews. And now I am VERY NERVOUS!

As it's been 5 days since we received the email saying that our request to reschedule has been approved, I decided to check our I-485 receipt number on the government's website and it is still listing us as having the interview on December 19.

I've heard horror stories of people receiving approval of a change in interview date by USCIS but that they fail to notify the local office, who still expects you to show up the original date and therefore deny you when you miss the date.

So what the heck should I do?

Make an appointment to speak with someone at the USCIS office we'd be doing the interview at before we're supposed to leave?

Reschedule our trip, not knowing whether our date is still on Dec. 19 or will be moved, as per our original request?

@KayDeeCee - thank you for your response. Yes, he is self-employed. The problem is he can't get his taxes done until his businesses taxes are done. We are going to include a letter explaining the situation and saying we'll send in the 2015 taxes as soon as they're done (which may take a few months) and request that if they give us an RFE that they please give us 90 days to produce the taxes, due to the complexity of them. We're also including a letter from his bank and statements showing his total deposits in his different accounts over the past year, to illustrate that yes the money is rolling in. I do hope this is sufficient.

This immigration process is a real pain in the butt.

My husband and I were married under a K-1 visa on April 2, 2016. We are in the process of preparing all our Adjustment of Status (AOS) forms + were planning on submitting it all as one package and paying the $1070 fee.

The issue we have: my husband filed an extension on his 2015 taxes for a variety of reasons and does not foresee having them done until about early Fall 2016 (deadline is October).

We had been planning on filing our AOS paper work with evidence of the extension + tax returns from 2012-2014 & letter from his bank showing deposits the past year. However, from what I've read, this will likely result in an RFE. And if we get the RFE before the taxes can actually be done, then my understanding is we will be out $1000 and have to restart the application. Is this correct?

It is my understanding that a lot of people post-pone filing for their AOS. We could do this and wait until the 2015 tax return is complete. The difficulty with this is both of my parents in Canada suffer from serious health issues and I'm worried that I will get stuck not being able to go to them if their health takes a turn for the worse. And quite frankly I miss my friends + other family members too and would like the freedom to travel back and forth across the border.

Should I just apply for Advanced Parole (AP) and wait to submit all the paper work for the AOS until after my husband is able to complete the 2015 tax return? Can you apply for AP after getting married but before filing for the AOS? Would it end up costing a lot extra to apply for AP separately?

Any and all advice is much appreciated.

Sample letter, adjust it if you want and show it to a bank rep so they will know what you are talking about.

....This certification is issued as supporting document to the Notarized I-134 Affidavit of Support form for the beneficiary _________________________________for visa application purposes....

I haven't read anywhere that the I-134 form has to be notarized?

We're doing our AOS on our own and I find it a lot more convoluted than the paper work that was needed for getting the K-1 visa itself.

Please advise re: the notarization of the I-134. Thanks!

At the interview you are not supposed to be asked for an updated (2015) return unless the interviewer believes that something other than the passage of time has changed with the sponsor's income. That comes from a long memo explaining the use of I-864....

There are several things to understand here. Certain things about this affidavit of support are written in immigration law. He must be a citizen or resident of the U.S. He must provide his most recent (at the time of filing) tax return. If you could show a W2 of two million dollars, they would give you an RFE if he did not provide a tax return or proof of his citizenship. So get AOS filed prior to April 18 and you should be good with a 2014 tax return. Get it done after April 18 and a 2015 extension proof may allow you to still use 2014 as the most recent tax return according to the memo....

@Nich-Nick - What memo are you referencing and where can I find a copy to read it?

Thank you for your time

Help? Anyone?

To my knowledge, I didn't apply for employment authorization. My student visa automatically allowed me to work p/t on campus. But I'm not sure, as this is all so confusing.

My husband and I were married under a K-1 visa this past April and are now doing all the AOS paper work.

Some background... I have a SSN from when I did my Masters degree in the USA from 2007 to 2009. Under that visa, I was able to work on campus, so my SSN card says, "Valid for Work only with DHS authorization." I have been using this SSN on my paper work. I have yet to go into the Social Security office and change my name on the card. I figured I would save that for when I get my green card, so that I can also deal with anything that needs to be dealt with for lifting the on campus work restrictions.

On to my question....

Re: form i-765 Question #11 asks, "Have you ever before applied for employment authorization from USCIS?"

Does having a student visa and working on campus 9 years ago count?

I don't recall applying for work authorization but rather that it came with my visa itself. I was offered a part time research position on the campus while I went to school there.

If having a student visa and working on campus does counts as employment authorization, what paper work do I need to provide along with the i-765 form?
Luckily, I believe I still have my student visa paper work. I no longer have the passport that had the visa in it, as I turned that in when I renewed my passport a few years back.

Please advise.

Many many people file AOS around the end of tax season. Based on observations the further it is from Apr 15th the more likely they are to ask for an updated 864. So pretty much in late Apr they sometimes let is slide since your form was valid when submitted. Past that though I cant recall anyone 'getting away' with it. Some people who had interviews Apr 16th or 17th needed updated info. As I said the rule is pretty straightforward- after tax due date when the year flips so does the what is considered the prior year and you need the prior year return. Its safer to assume you will then to assume you will get a pass.

They will either RFE you for updated info or ask for it at the interview. Often K1s dont get interviews.

I'm here in the US on a K-1 visa. My husband and I were married on April 2, 2016 then went on a honeymoon. My husband had filed for an extension on his 2015 taxes, as they are more complicated than most. He has completed his taxes for 2014, 2013, 2012 and prior.

It is now May 5th, 2016 and I am 3/4 of the way through completing the AOS package.

Can we just submit the evidence for the 2015 tax extension and W2 information, or must we truly get his 2015 taxes done first? What would happen if we get an RFE?

Would just submitting the extension + W2 evidence for now, while getting my husband on top of completing taxes be the best option? That way if we get a RFE, we could then just submit the tax return info as soon as it's received, while at the same time our application would be further down the processing line than if we just waited for the 2015 taxes to be done first?

Any and all advice is most appreciated.

I'm a Canadian applying for a K1 visa with my American fiance.

Regarding police certificates needed... obviously I need one from Canada. But I am confused as to whether I need one from Australia as well as what kind and how I should go about getting it?

I spent 10 months in Australia back in the year 2000 under a temporary volunteer ministry visa. I did not have any residence or home there for those 10 months, and was essentially backpacking all across Australia with a team of individuals volunteering running youth retreats. I maintained my home residence back in Canada during this time.

My questions:

1) Do I need an Australian police certificate?

2) Can a Canadian even get a police certificate from Australia? Looking at the Australian Federal Police website, they state: "The Australian Federal Police (AFP) can only provide National Police Checks for:

• residents of the Australian Capital Territory (ACT), Jervis Bay Territory and external Commonwealth territories
• people seeking employment with the Commonwealth Government
• people requiring a check under Commonwealth legislation
• Australian immigration purposes
• where the applicant resides overseas
• overseas employment
• overseas adoption
• visa applications for overseas travel.

When I tried filling out the online application for the AFP check, they have a required section where you choose the purpose of having the check done. It seems to me like all the purposes they give is directed specifically for Australian citizens. For example, there are only two purpose types listed: either you're getting a check done for working with the Australian Capital Territory OR for Commonwealth employment. I don't see myself falling under either type.

Any suggestions?

I'm trying to figure out two things: a) whether my time in Australia counts as having lived there; and b) how many criminal records checks I will have to get done and when I should start getting them done by so as to ensure little time delay in gaining the K-1 visa.

RE: my time in Australia.... the DS-230 - it asks on it to list all the places I "have lived" since I was 16 years old. I spent 10 months in Australia back in the year 2000 under a volunteer ministry visa. I did not have any residence or home there for those 10 months, and was essentially backpacking all across Australia with a team of individuals volunteering running youth retreats. I maintained my home residence back in Canada during this time.

I have 5 questions:

1. Does my time in Australia count as having "lived" there?

2. If yes, will they require me to get a criminal records check from Australia?

(I hope not because I could really see it as delaying my application. The Canadian Forces (CF) never required me to get a crim rec check from Aus, and they were screening me for top secret status due to the nature of the job I was applying for at the time. So I would find it incredibly ironic if the US government requires an Australian crim records check for a K-1 visa.)

3. Will I have to get a criminal records check for every Canadian province I have lived in?

4. I was a student in the USA for 2 years, but went home to Canada during holidays and summer. Does this mean I have to get some sort of criminal records check? Would it be a FBI background check or from the state I went to school in?

5. At what point in the K-1 visa process should I start working on getting any needed criminal records checks done so as to ensure no time delay?

Your assistance in this matter is much appreciated!

Thank you Zedayn and Pythos 1. It's been very helpful!

I am being told by a lawyer that I should still put the petitioner's name (my fiance) at the bottom of my (beneficiary's) form because he is in fact the applicant.

I am telling the lawyer that it doesn't make sense because on my beneficiary's G-325a form repeatedly asks: "Applicant's place of residence" "Applicant's employment", etc. Therefore it makes more sense that the same name of the Applicant that is on the top of the form goes on the bottom of the form.

Lawyer differs and I'm anxious about what to do, hence why I wrote the question here.

I find this paperwork frustrating and we're only just starting the process.

I found the examples of the G-325A forms on visa journey's "Assembling the I-129F Package: Checklist". The example of the beneficiary's G325A form shows the beneficiary's name in the bold box at the bottom.

For some reason the example they give for the US citizen's (aka petitioner's) G-325A form is actually just a copy of the beneficiary's form example linked above. Kind of confusing. I presume an error as the checklist itself said that the US citizen's/petitioner's G-325A should be "filled out by the US Citizen with their information, signed and dated".

Hope this is making sense.

We're applying for the K-1 visa and are just finishing up the I-129F application, which we want to submit this week. My fiance (the petitioner) is American and I (the beneficiary) am Canadian.

Regarding the G-325A Beneficiary Form, you know that "Applicant: print your name and Alien Registration Number in the box outlined by the heavy border below" line at the bottom of the form? I was told that my fiance's name goes there as he is the petitioner, even though the form itself has my information on it as the beneficiary.

Is this correct because it doesn't sound right to me?

Do you know of a detailed instruction sheet on how to fill out the G-325A for the I-129F application?

Thank you for your help