Qilipu

I suggest some of you read this - http://www.visajourney.com/forums/topic/547508-uncalled-for-comments/

To rephrase the question. If we do not know beforehand how long CBP will allow Soumanti to stay, then how can

she book a return flight prior to her trip not knowing the return date?? Or will CBP grant the stay duration based

on the return date on the ticket??

In principle, the CBP officer interviews the arriving alien, asking her about the purpose of the visit and the intended date of departure (sometimes asking to see the ticket), and determines the authorized stay period as he deems appropriate. In practice, if an alien arriving as a "visitor for pleasure" has a visitor visa (B-2, or B-1/2) or is a Canadian citizen (visa not required), she is almost always granted admission for 180 days (or maybe it is 6 months). If the alien arrives on a visa waiver (available to citizens of many EU countries, etc), admission is granted for 90 days. So the standard admission perdiod is designed to accommodate the needs of the overwhelming majority of visitors for pleasure.

The CBP inspector may, of course, authorize a shorter admission period than the standard 6 months, but that's fairly uncommon, and usually happens because the inspector feels that although the alien is admissible, she should not stay in the country for too long (e.g., the alien already has spent a lot of time in the US on previous visits within recent past, or the inspector is unsatisfied about alien's ability to pay for her expenses in the US).

So just book the tickets for as long as you plan to stay, as long as it is less than 6 months, and hope that nothing undue happens.

In practice, though, if the visitor is asked how long she plans to stay, and she gives plans for what seems to be an unusually long period of stay (say, 5 months), some additional questioning may follow. The inspector wants to be satisfied that the alien still has the intent to return to an un-abandoned residence abroad, and that she is not likely to resort to unauthorized employment while in the US. But long stays are not unusual, especially with retirees or with aliens who visit with their family members temporarily present in the US (e.g. as F-1 students or H-1(b) workers) as B-2 visitors (rather than derivative visa holders: F-2, H-4, etc).

If you're talking about any kind of work visa (H-1B, L-1) - answer is definitely no. Those have derivative categories (H-4, L-2) for spouses only.

She can technically enter with you on VWP but it doesn't give her any right to stay and it will be no different than regular tourist visit.

Exactly. It would be the easiest for the two of you to be married in Australia and to apply for US visas at the same time. If you have a choice as to which type of visa your employer will sponsor you, choose wisely: if you have H-1(b), your spouse (on H-4) won't have a right to work in the US, while if you're on L-1 or E-3, she will be entitled to apply for a work permit (with an extra fee, of course) once she enters the US; it will be valid for the same duration as your own period of authorized stay. ( http://canberra.usembassy.gov/e3visa/dependents.html).

In principle, if you are not married by the time you leave Australia for the US, your fiance can come on a B visa (assuming she can get it easily from a US consulate in Australia; the above page suggests doing it 2 months in advance!), marry you during her stay, and then file an application for adjustment of status to H-4, L-2, or E-3D by mail with the USCIS. The filing fee is around $300. She'll be then issued a "departure record" (Form I-94) that will enable the right to stay in the US for duration of your authorized status, and to reenter the US after short trips to the "near abroad" (Canada/Mexico). Note if she wants to travel overseas (e.g. to Australia) and reenter the US, she still will need to get an entry visa of the same class in her passport at a US consulate. (When dealing with US travel and immigration, one must remember that, unlike Australia, the United States never issues entry visas to people who are already "onshore". One can get an "extension of stay", or a "change of status" while inside the US, but not a new entry visa).

Note that she cannot follow the above procedure if she comes to the US with a visa waiver (instead of a B visa). Change of status from VWP to any other non-immigrant status is not allowed; so if she marries you in the US, she'll have to leave for some other country (e.g. Canada or Mexico, if flying back to Australia is too expensive) and apply for an appropriate US visa at a US consulate there, assuming they will allow her to apply there (which is not a given).

Hi everyone,

I am currently preparing for I-485 and my wife is filing I-130 for me. My status is H1B. In I-485, there is a question asking for my visa number. I first came as F1 and then adjusted to H1B. In addition, as a Canadian I have never applied for any US visa from US consulate in Canada. I googled but had no luck. Does anyone have similar experience and know what to do in this case?

Thanks much

As you never had a US visa, you should put "N/A" in the visa number field.

The form also has question about the date of last entry and about the I-94, and those you can fill easily.

It make sense to include a copy of your current I-94 (sent to you during the change of status from F-1 to H-1(b)) and a copy of your original I-94 (issued to you at the border when you first entered the country) with the application, as evidence of your original admission with inspection, and of your current status.

Some advisors also recommend including a copy of your old I-20, with all those annotations on the back, as an evidence that you indeed were in status all through the "D/S" ("duration of status") period on your I-94. I don't know if it's really needed (instructions don't ask for it), but I suppose there is no harm done in including that.

Hello All,

my and my same sex partner married in March 2014. She was her work EAD. She does not have a green card yet, we are waiting on that. We never applied for the SSN like we should have in the beginning (we didnt know)

so, she does not have a social security number. she does not have an ITIN.

I need to file my taxes. My W2 states married. Preparer said we need a SSN or ITIN. Im pretty sure she is not eligible for an SSN at this time as we are waiting on the green card and missed that opportunity. My spouse does not work, does not have an income. I only work and have a W2.

Logically, if she has an EAD, she is eligible for an SSN as well. (Otherwise how could she fill a W-4 if making use of her EAD to take a paying job)?

The SSA explicitly tells that Form I-766 (Employment Authorization Card) (aka EAD) is an acceptable document for the purpose of applying for a SSN: http://www.ssa.gov/pubs/EN-05-10096.pdf

There are more technical details here : https://secure.ssa.gov/poms.nsf/lnx/0110211420(not that you care for them).

As to the tax return for year 2014, I would think that you have an option of applying for extension of time to file, and waiting with the actual filing until the SSN is issued; or using the "applied for" description instead of SSN. At least that's how things used to be in the past.

... filing the I-130 + I-485 + I-765 + I-131 package ASAP (i.e., as soon as you can get all the required paperwork together) is the best investment you can make at this time,

Oops - I just realized that I replied to a post that was several months old, and that the original posters did file their paperwork early, and got the results by now... Congratulations!

My new question is this: What are the real chances of her being detained and/or deported? We are in upstate New York in Syracuse and live a clean life. If there's a turn signal out and she gets pulled over driving is the police officer going to check her immigration status and detain her if her papers are not in order? Anyone heard of such a thing in a similar situation?

Sounds like something that might happen in Arizona with a Mexican criminal that has no papers at all. My wife has a valid passport, drivers license, and valid visa. Her I-94 will expire Nov 22. Are police that trained to know immigration rules?

I mean... I have heard of (some) criminals that are here illegally being deported but what are the real chances of my cute Ukranian wife (Or any of the tens of thousands or more illegal aliens in NYC for instance) actually getting deported?

There are SO many eastern European women that are not even married to a us citizen in a similar situation but I have not heard of deportation from any of them.

The chances are small, but not zero. Syracuse is not too far from the border (yes, it is the Canadian border and not Mexican, but so what, as far as the government is concerned!), and ICE or Border Patrol do conduct "random sweeps" in the area, e.g. on buses and trains:

https://nacla.org/blog/2013/2/5/price-security-border-patrol-bounty-hunting-northern-new-york

http://cityroom.blogs.nytimes.com/2010/08/30/when-the-border-patrol-comes-aboard/comment-page-5/?_r=0

It helps to be white of course (as, I assume, your wife is), but white skin, or even "cute" appearance and lack of criminal history is not a 100% guarantee of protection from the authorities.

Money may be tight, but the way I feel it, filing the I-130 + I-485 + I-765 + I-131 package ASAP (i.e., as soon as you can get all the required paperwork together) is the best investment you can make at this time, even if you need to steal or borrow.

The last two forms ( I-765 and I-131) are free if they are filed together with I-485, and they will produce a nearly immediate "monetary return" of sorts: if the application is in order, the USCIS is supposed to issue an Advance Parole and Employment Authorization Document (EAD) within 90 days (and often this comes in somewhat faster). The EAD will allow your wife to find a job and earn some money, and the AP, to travel abroad if needed.

Under the current regulations, your wife does not have to take the medical exam right away (even though the instructions for I-485 may say so). It's OK to take the medical later (shop around for a better price) and to bring the completed and sealed medical report (I-693) to the interview, which will probably be several months away. If it that time she already has a medical insurance (e.g., through the employer), *some* kind doctors may combine the immigration medical exam (which would not be normally covered by one's insurance) with the routine annual physical (which the insurance may cover), thus saving on the exam fee. This is not common, however; ask around.

P.S. As others have said, your wife can apply for ITIN with the INS right away. ITIN is not tied to once immigration status or even physical presence in the US; it is for banking and tax purposes only. Later on, once she has an SSN, she can notify the bank (or any other institution where she has her ITIN on file) about her new SSN.

Walk-in successful at Indianapolis ASC.

As a service, to future readers, I can confirm the validity of your report.

A friend went to Indianapolis ASC at the appointed time (which was on Wednesday, when only ASC is open, and the USCIS office proper - which shares the floor with them - is closed), and was pleasantly surprised by how little time the process took. Apparently the ASC there is not particularly busy, and most of the time is friendly to walk-in customers, just as per your report. Unlike the USCIS office proper (which is closed on Wed), the ACS is open Monday thru Firiday.

While there is some parking near Landmark Center itself (where USCIS/ASC is located), an alternative place to park in the area is the underground garage under the new Indianapolis Public Library (which is worth visiting as a destination in its own right), located just a couple of blocks to the south. The parking there costs about $1 an hour.

Did some more research though and some sources say that we should have included I-131 and I-765 with the others.

When he went to renew his TN last year, Port Huron Officials said to send in the usual forms, but leave 131 and 765 out until we receive 797.

So I'll just do that...

His TN expires May 6th. I know once we send in the last two, it cancels out the TN, but still! Time is a tickin

I am a bit surprised you did not indeed include I-131 and I-765 into the original application package. People always do it with the concurrent filing, if they anticipate that their current work authorization may expire before the AoS has been completed, or if they anticipate the need to travel internationally and don't have a dual-intent status (H or L) already. The advice from the Free Trade officer at Fort Huron sounds a bit strange to me, but then their job is to adjudicate TN-1 applications for admission, and not to be concerned with the procedures for inland processing.

Anyway, since the original I-130 and I-485 have indeed been sent, you may indeed need to wait for the arrival of your Notice of Receipt (I-797) before filing the I-131 and I-765, since they have to refer to the original application for admission (I-485), and the NoR with its receipt number is a way of doing that. There is no fee to pay, because you're doing it with a reference to the underlying I-485.

The USCIS is supposed to issue to EAD/AP document with 90 days since a submission arrives in good order, and usually it seem to do it a bit sooner (maybe 75-80 days). So hopefully you still can get your EAD/AP in time for the expiration of the TN-1. Employers hate to have a "gap in employment" created when one authorization expires and the other one has not started yet... they have to terminate you and then rehire you from scratch, which of course sucks.

As to the "canceling out the TN" - I think it's more like, as soon as you start using the EAD for employment purposes, it indeed supersedes one's previous status (such as TN-1), but I don't think it automatically happens upon application. As to the AP... in any event, one probably should not try to cross the border in a non-immigrant (TN-1) status once an AoS application (I-485) has been filed; one pretty much has to wait for the AP (or the eventual Green Card) to travel internationally.

We will have to send in more passport photos though I'm sure. We do not have copies of the passport photos we already sent in, as they were all needed. Can we go ahead and get more done, even though the photos won't match the others we sent in?

This is (notionally, at least) a different application, so there is nothing wrong with submitting a different sent of pictures than with the I-130 and I-485. In any event, the USCIS will call your husband for a "biometrics" appointment (at an Application Support Office in Indy, Chicago, or wherever you are), where they'll take *the* photograph and fingerprints that'll go on the actual EAD/AP card (and the green card, eventually). If one submits all 4 applications together, there is normally just one biometrics appointment; I am not sure how they handle it when you have 2 different packages.

They should also acquaint themselves on the rules for withdrawing social security, Medicare benefits etc - I'm no expert but coming in at over 60 I don't think there is much if anything they would be eligible for - so it is not just a case of what they need to show a consular officer, but a case of: can they actually afford to retire in the US on what they already have?

Generally, to qualify for the social security benefits (the old-age pension) in the USA one needs to have accumulate "40 credits" (aka "quarters") of coverage, which means having paid US social security tax (the FICA tax) or the self-employment tax from one's wages or self-employment income for at least 10 years. (One receives 4 credits for each calendar year during which one has earned more than a certain threshold amount, which currently stands at ca. $5000).

In principle, someone in his early 60s can still have 10 years of earnings in his future, although the resulting pension will be quite small. (As per the SS benefit calculator, http://www.ssa.gov/retire2/AnypiaApplet.html, a person who earned $5000 in each of the 10 years 2005-2014, and then retired in 2015 at the age of 70, would get the pension of $126 a month. Greater earnings will result in a proportionally higher pension amount, up to the breakpoint of around $1000 a month, beyond which point you don't get much extra benefit from paying more taxes).

More importantly, having the 40 credits of social security coverage also enables one to enroll into Medicare Part A (government-run health insurance scheme for older people) for free, while otherwise there is a premium of around $400/month to pay. (There is also Medicare Part B, with the premium of at least $100, regardless of whether you have SS coverage).

If one also has a foreign pension, one's US SS benefits may be reduced (the Windfall Elimination Provision). On the other hand, totalization agreements with some countries may allow one to receive (proprtionally smaller) SS benefits even with less 10 years of work in the USA; but eligibility for these "prorated benefits" probably won't affect one's Medicare premium status.

.... And the RFE asked for my husband 1-864 and tax returns.

Here's the problem. My husband was working in his dad's shop which offer small manufacture service. And he has only so little income so he didn't file tax returns for a few years. His grandma listed him as dependent on 2011 tax return.

He got a part time job on Sep 2014 however doesn't have new tax return yet.

I agree with other posters suggestion of a letter explaining the tax filing situation in prior years. But since it's mid-January already, you and your husband probably will get all of your forms W-2 and 1099 within a week or two. So if you don't have anything particularly complicated on your tax return (e.g. no capital gains), maybe you can file your joint tax return for 2014 as soon as you have all the necessary forms in, and include a copy of that return with your response to the RFE.

Even if you don't send the joint return with your RFE now, make sure to have it (and a transcript of it from the IRS site, if already available at the time) at your interview later on.

1) I've read online that the TN can work for independent contractors in some cases. Does anyone know what these cases are? How would an employer make the distinction on the letter between a contractor and an employee?

I once worked in the States for a few month on TN-1 as a 1099 contractor. The employer gave me a letter pretty similar to what they'd give to a W-2 employee. The main difference was that instead of describing the conditions of the employment (40hrs/week, at such and such salary + benefits), the compensation section described the terms of the contract (billing rates of so many $/hr, expected amount of work would be so many hours over so many months). They also explained somewhere that the kind of work I would be doing would be that of a particular occupation that's on the NAFTA list.

A few months later they re-hired me on W-2 anyway, so I did not have to experiment with contracting anymore.

2) Does the size of the employing firm matter?

Maybe it's not size per se, but it probably would help if the company is prominent enough that the USCIS could easily verify its bona fides. In my case it was an organization established ca. 1765, and with thousands of employees all over the state, so at least its existence and ability to pay would not be in question. On one occasion, when adjudicating my TN-1 application at the border, the free trade officer actually looked up my employer, and my particular department, on the internet, using his desktop computer, and was asking my about the job title etc.

Thanks! Yes, he has been working here and we have lived here since 2007.

When he went to go renew his TN visa, the agent said that he might not renew his visa again unless and until he applies for his green card (!)

All assets we have, house here in the States, cars, etc, are from his salary earned here in the US.

Thanks!

1) As other said, one can avoid the entire I-864 mess if the intending immigrant is eligible to file a much simpler I-864W, based on having earned 40 "creidts" (AKA "quarters") of social security coverage. One earns 4 credits per year in each year in which one earns at least $4,800. (The amount is indexed for inflation, was lower in the past years, and will be higher in the future: http://www.socialsecurity.gov/oact/cola/QC.html).

So if your husband started his US employment in 2007, and earned at least $4,000 in that year, he should be eligible to use I-864W by the spring of 2016. By March or April 2016, the earnings statement he can get from ssa.gov will show his earnings for 2007 thru 2015, and he can use a recent pay stub to substantiate YTD earnings for 2016.

So in principle you can go the I-864W route, if you have a valid status in the meantime - that is, if his current TN-1 status was granted for 3 years (rather than just 1 year), or if his university is willing to sponsor a change-of-status for him from TN-1 to H-1(b) in the meantime. (H-1(b) is a dual intent status, and marriage to a US citizen is not a detrimental factor for obtaining it, unlike for TN-1, which is supposed to be a strictly non-immigrant status).

2) But if all your husband now has is just a 1-year I-94, you may want not to wait for the I-864W, but bite the bullet, fill an I-864 and file your I-130 and I-485 (complete with I-131 and I-765) right now (well, as soon as you get a proper marriage certificate from Canada). I-864 may seem daunting, but it is not really that hard. Read the instructions for the form ( http://www.uscis.gov/i-864), in particular item 6 on page 9. ("Can the intending immigrant help me meet the income requirements?"). Presumably you file just a single I-864. Your own income etc will be 0 on that form, but on page 5 of the form (items 6 and 12) you put the name and income of "Person 1", who is your husband and also the intending immigrant.

Obviously, you need to present an evidene of your husband's income in the past years, and the expectation that it will continue in the future. For the former, he can get a transcript of his previous year's tax returns and W-2s from the IRS for free, at http://www.irs.gov/Individuals/Get-Transcript. For the latter, he can ask his dean or the HR people for a letter confirming that they've been employing him for so many years, and expect to continue employing him in the future, as long as he has an appropriate legal status in the US. Probably the same people who wrote his TN-1 letter will be able to write this.

(On the other hand, if his university is willing to extends his employment every year by just *one* year instead of the legally allowed three, they *may* have a problem writing forward-looking statements... but then if he indeed has recently renewed his TN-1 for one year, it implies that he has at least 11 month left of "promised employment", which is probably not too bad, considering that Indianapolis USCIS is reputed to be a fast office, said to often approve permanent residence in just 3-4 months).