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theanswerisdance

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Posts posted by theanswerisdance

  1. 39 minutes ago, Dayfish said:

    I'm a bit in the same boat. My wife has an extension letter, and it will expire in December. She just received a letter from work saying that they will need her new I-9 information before then so she can continue to work at her job. If we make an infopass appointment, will we get some paperwork that says her expiration date has been extended?

     

    I think we sent our extension paperwork in back in December to the California processing center.

    As mindthegap said, she only needs to show a state ID/driver's license and unrestricted SSN to meet the I-9 requirements. It's still a good idea to make an InfoPass appointment to get the I-551 stamp in her passport if she still has not received her new green card by the time the extension letter expires, because the stamp serves as up-to-date proof of her continued legal status and that's always good to have. 

  2. 8 minutes ago, Roxy18 said:

    USPS informed delivery is showing immigration related mail for me! I received NOA on August 9th - so if it is biometric appointment, that is pretty fast!

    Can it be  a request for more information? Will see today hopefully

    I doubt it would be an RFE, seeing as they already sent your NOA, which means the minimum requirements (payment, I-751 form, photocopy of your GC) were met. An RFE likely wouldn't come until late next year (at this rate) when they actually crack open your file to look at your evidence. I would assume it's your biometrics. Prior to the sudden stall some of the late July filers have been experiencing, it would be right about on time for you to be receiving your biometrics this week, seeing as you got your NOA a little over 2 weeks ago.

  3. On 2017-08-21 at 0:49 PM, Michelle13 said:

    Hello Wonderful People; 

     

    My husband and I filed November 2016 for our ROC.  We are considering moving from California to Texas.  Has anyone else changed their address while waiting for an approval? 

     

    Have any of you experienced this? Would love to hear how you went about doing it.  

     

    I know there's the address form online... but I've also heard of USCIS not getting the address and continue to send paperwork to the old address.... 

     

    I want to make sure my bases are covered :)

     

    Thanks, 

    -M

    In addition filing AR-11 and I-865, you must also update the address for the petition itself since you already have a pending I-751. As per

    https://www.uscis.gov/addresschange

     

    • Step 1: File Form AR-11 (online OR by mail), 
      AND
    • Step 2: Change your address on any pending or recently approved applications or petitions, online OR by phone at 1-800-375-5283. For TTY (deaf or hard of hearing) call: 1-800-767-1833.
  4. 6 minutes ago, siidman said:

    Not sure if this is the right area, but my wife, who we got married under the k1 process, has her green card and it expires next year. Does she get a new US passport after we file for whatever it is 90 days before her green card expires?

    U.S. passports are for U.S. citizens.

     

    The filing you're referring to 90 days before her conditional green card expires is I-751. That's to remove the conditions on her conditional green card, so she can be issued a new, 10-year green card in its place. If she then wants to file for naturalization, she can do so as early as the following year based on her marriage to you. But she can't apply for naturalization until she's first applied to remove conditions. 

  5. 55 minutes ago, Lelyze said:

    Question for everyone who received their bio appt. My letter has 2 application numbers. When i checked my case status at uscis website, the first number showed as invalid. The second one shows: Your case has been received. I did my bio a week ago, and it still doesn't say biometrics received. Anyone experiencing the same?

    The first number will always show up as invalid, only the second number works. As for no update on the second number, as far as I know we shouldn't expect to see that "case received" status change until approval late next year (or beyond, at the rate it's going!). In most cases it seems that the only online update we'll get is when the new card is being produced, and even then, some people never receive a status update at all. I don't think even RFEs and interview notices will show online.

  6. 20 minutes ago, Kim and Jermaine said:

    His is restricted and his GC expires 09-05-2017. We will go push for a new SSN card. I'll be prepared to hear them say the expiration is too near, but still push.  Thank you.

    If he goes basically tomorrow he will still make the cut-off. They typically won't make any changes within 14 days of your proof of status, in this case the GC, expiring (even though the I-751 extension letter serves as...well...a legal extension!!), so tomorrow would be the last day he could update it without the letter, but definitely try for it with the letter too if he can't go tomorrow. Good luck!

  7. Just now, Kim and Jermaine said:

    Since he has the extension letter would he take that to SSA to get an unrestricted SSN?

    Does the SSN he has currently say "Not Valid for Employment" or "Valid for Employment with DHS Authorization" on the front? Or does it just have his name and number? If it just has his name and number then it's already unrestricted. If it has one of those notations then it's restricted.

     

    So, if he has a restricted SSN, when does his conditional GC expire? If his GC hasn't expired yet, he should go ASAP to the SSN and apply for an unrestricted SSN. If his GC already expired then he can take the expired GC and extension letter to SSA and push to get a new SSN, but be prepared for a struggle, as it appears to be luck of the draw whether the SSA accepts the expired GC + extension letter and varies from office to office and even from employee to employee...don't ask me how that's allowed, I just know that some people have been refused an unrestricted card when using the expired GC/extension letter combo, even though it's valid proof of status.

  8. 49 minutes ago, sind27 said:

    Thank you so much for the info.. can you tell me what i should put in the letter?? Thanks for the help!!

    I didn't include a letter of explanation wth my husband's I-865 when I filed his late, and I received a confirmation from USCIS that they had received it a couple of weeks later, no questions asked. To be honest, I would just file it now, and if it is for some reason it's raised by USCIS at a later date, just be honest and explain that you didn't even know you had to file both an AR-11 and an I-865, and as soon as you were made aware of the need to do so, you did it. I would suggest not overcomplicating what in most cases turns out to be a non-issue (that's not to say it's not extremely important to file the I-865 now that you know you have an obligation to do so, but you are not the first person to have filed it late).

  9. 4 minutes ago, Kim and Jermaine said:

    My husband got his extension letter today after sending his I-751:jest:. I'm assuming his HR rep at work will know he can still work with the letter. Does he turn in a copy? Or do they need to see the original? I don't want him to lose it or have it stolen.

    Also does he keep the original in his wallet or a photo copy?:whistle:

    If he needs to update his employment information for any reason with his employer, he only needs to show an unrestricted SSN card and his state ID/driver's license. That may avoid any confusion or inexperience on the part of his employer with the extension letter as a legal immigration document. If he doesn't have an unrestricted SSN card and does opt to show the extension letter, make sure he does not give his employer the original. The original will be needed if he travels outside the country as it is watermarked and copies won't be accepted by U.S. immigration. So on that note, if he's keeping it in his wallet I would suggest keeping a photocopy since it will obviously be getting folded up and worn out. Keep the original someplace safe and save it for the international travel.

  10. 7 minutes ago, Roxy18 said:

    Thank you! I just got an interesting idea from August filers thread that one may sign up for USPS inform delivery notifications. They will send emails with pictures of the envelope's front on a day of delivery. This is something I've been looking for. Only problem  is they only take pictures of the standard mail envelopes  - who knows how the bio-metric app looks like?

    Yes! Many of us use USPS Informed Delivery. Unfortunately, you only get that day's envelopes, so it doesn't provide much advance warning, but if you're like me and your mailman doesn't come till 6 or 7pm, then getting that email 12 hours earlier and seeing something from USCIS is a great feeling! The biometrics is like all the other USCIS correspondence and comes in a letter-sized envelope.

  11. 18 minutes ago, Roxy18 said:

    Hi everyone,

     

    pretty sure this has been asked already, but I did not find any info.

    Is it possible to track online whether the biometrics appointment letter has been mailed?

    What if the mail is lost and you won't even know it has been mailed in the first place.

     

    Thank you

    Sent my package on August 8th, received NOA several days later. Sitting, counting days....

    Unfortunately not, since the biometrics letter itself is what holds the receipt number that you'll need to track your case from here on out. The fact that they don't put the tracking number for your case in your original NOA/extension letter is frustrating.

     

    Many July filers are still waiting on their biometrics notices, so if you only mailed your package on August 8th I wouldn't be too concerned at this point. If you haven't heard anything after 30 days I would call USCIS.

     

     

  12. 44 minutes ago, MikeNZ1984 said:

    Question: 

     

    a) does my wife need to fill out the I-685?

    b) does my brother in also also need to fill out the I-685?

    c) do they *BOTH* have to fill out the I-685? 

     

    Are there any penalties for my brother in law not filing his if it was required already? Or my wife not filing yet? 

     

    A) Yes (I-865, not I-685)

    B)Yes (I-865, not I-685)

    C) Yes (I-865, not I-685)

    Anybody who has signed an affidavit of support for you is required to update their address when they move. 

     

    Per USCIS, there is technically a penalty, but I haven't heard of anybody being hit with it. (doesn't mean it hasn't happened, just not that I've heard of). Still, do it ASAP. I suspect they'd be more likely to come after the sponsors on this issue if they discovered the immigrant had been receiving means-tested benefits.

    (from https://www.uscis.gov/system/files_force/files/form/i-865instr.pdf?download=1)

  13. 2 hours ago, noway123456 said:

    Hi you guys, first off congrats to our those who received news!

     

    my husband's extension letter expires in October. What are my next steps while waiting for the 10 year green card? When the extension letter expires is he then an undocumented immigrant and faces deportation?

    When his extension letter expires, all that means is that his proof of status has expired, not that his legal status itself has expired. You can make an InfoPass appointment for him to get an I-551 stamp in his passport that will serve as the new proof of his continued legal status. Many people wait until the extension letter is within 30 days of expiring to get the stamp, but if he's going to be traveling out of the country or needs it for employment reasons, it's possible to get it earlier. Some people choose not to get an I-551 stamp at all once their extension letter expires if they don't plan to travel internationally and they don't need it for employment purposes. Technically he could do that and he would still be fine, because he is still in legal status with or without the stamp while the I-751 is pending, but I'd suggest getting it regardless so he does have that up-to-date proof.

  14. 30 minutes ago, Samy Alex said:

    Hello everyone,

    My wife is a conditional resident until Dec. 11th of 2017. So the 90 day window for filing removal of condition I-751 starts Sep. 11. The problem is we need to travel overseas for a family member wedding within that 90 day window. Since we can't file while we're overseas at least for the bio-metrics, we thought that our best bet was to file when we get back to the states which is absolutely going to be well before the expiration of my wife's green card (Dec. 11th 17). So the question is; is it OK to travel back and forth within that 90 day window and file I-751 after we get back?

    Yes, no problem. Unlike with passports that are often subject to that "must have 6 months' validity left to travel" condition, she's fine to travel on her unexpired green card right up until expiry (though obviously I'm not recommending travelling the day before it expires :) ).

  15. 16 minutes ago, SimonAndKimberly said:

    OK, but that's not what was said:

     

    So if an immigrant moves, only the immigrant sends a form.

    If a sponsor moves, only a sponsor sends a form.

     

    It does not make sense that if the immigrant moves, the sponsor ALSO has to send in a form regarding the immigrant.

    Yes, but I think @Name O Boy was implying that if the immigrant and sponsor are a couple, and they move together, then both need to file their own form. Many of us have, in the past, wrongly assumed that only the immigrant needs to file a change of address with USCIS when both partners are moving together. 

  16. 25 minutes ago, SimonAndKimberly said:

    that makes no sense at all. What makes you say that both need to send one ?

     

    Because they do. 

    The AR-11 and I-865 are totally separate forms, and both have to be filed, as @Name O Boy said. If at any point in the past someone has completed an I-864 Affidavit of Support for an immigrant, they are required to file I-865 any time they have a change in address, whether the immigrant also moved or not. That applies for as long as the sponsor remains financially responsible for the immigrant.

  17. 18 hours ago, lemongreentea said:

    We moved more than a year ago and we filed AR-11 at that time. But we just found out that the sponsor needs to file I-865 as well. The problem is that I already filed I-751.....

    I looked through some other posts and most them just filed I-865 late after they found out about it. I don't remember what date I put on AR-11 before if we want to file I-865. 

    I wonder if it's necessary to do it or not since it's already late and most of the people who filed before didn't get confirmation after filing and didn't have any problems with ROC.

    Any input is appreciated.

    I only found out about I-865 about a month before I filed ROC so I did it then. I would absolutely do it because at least if you were ever asked about it you could say you didn't know initially that it needed to be done, but as soon as you did know, you sought to fix your mistake. I really wish USCIS did a better job of communicating (ha, right) about the I-865. How hard would it be to include a line on the AR-11 page and on the AR-11 form saying, "NOTE: If at any time in the past someone completed an I-864 Affidavit of Support to sponsor you, and that person is also changing address, they must file a separate I-865 Sponsor Change of Address form"? 

     

    I also filed AR-11 multiple times. We moved in March 2016, but when my reminder that ROC was coming up was sent this past April, it was sent to the address we hadn't lived at for 13 months. So I panicked and sent AR-11 again, and I've gotten my NOA and biometrics no problem at our current address, but I still worry that it looks to them like I was over a year late changing my address, let alone my husband's.

  18. 34 minutes ago, myfuture said:

    Oh my, didn't realize I would need evidence.  silly me. guess bills will be in his name. lol. Your response really helps me a lot. anything else I need to know?

    You'll want to have both of your names on as many things as possible, starting as early as possible -- tax transcripts, apartment lease/house mortgage, utility bills, car insurance, health insurance, life insurance, wills and powers of attorney, bank accounts, credit cards, etc. Everybody's evidence list looks slightly different but the more proof you have of co-mingling (over the course of the whole marriage, not just for a couple of months) the better. :)

  19. 44 minutes ago, myfuture said:

    Thank you very much. His cars expires in 2019. Ok so I'll just get ready before then. gonna mark the 90 days prior to on a calendar.  Thanks again 

    With regards to getting ready, it's never too early to start collecting evidence for the Removal of Conditions process. 2 years feels like a lifetime away at the start, but it gets here way too quick!! ROC requires that you submit evidence of ongoing relationship and financial co-mingling, so if you get in the habit now of just collecting documents in a file that attest to that ongoing nature of your relationship then it will be way less stressful once it comes time to build and submit your ROC petition. 

  20. 12 minutes ago, Sarah&Facundo said:

    Hello! My fiance will be moving here on the K1 visa in a few months. Especially because he really can't do anything until he receives his EAD permit, he really wants to enroll in college courses to work towards his degree. The college already said he will evaluate the classes he took in his home country to see if he can receive some credits. Can he attend college on the K1 alone? Does he need to change into F1? Someone at the school says he would have to change his status to F1 but that does not sound right to me because an F1 is an agreement to go back home and remain here legally only while in school. Does anyone have experience with this?

     

    Thank you!

    I had a similar experience when I came here on a K-1, and I got varying answers from different schools. A K-1 is a non-immigrant visa. Most of the universities I contacted told me that I would need my green card for them to accept me. Several community colleges in my area said I could take classes while in the AOS stage, once I had my EAD, before I had my GC, which makes sense. But the following document from the ICE website only makes it more confusing, in that it says K visa holders CAN study with a valid K visa (contrary to what many people believe, which is that because you can't work on a K-1, you can't study either), but of course the K visa has an impending expiration date that may not cover the full duration of the college semester. So what are the provisions, if any, for those holding an expired K-1 but who have a pending AOS application? The best answer I was able to find when I was looking through the forums a couple of years ago was "it's up to each school what they will and will not accept."

    https://www.ice.gov/doclib/sevis/pdf/Nonimmigrant Class Who Can Study.pdf

     

    The school telling you that he needs the F-1 doesn't work in your situation. If he comes here on a study visa with the intention of getting married, that's immigration fraud. And if he comes here on the K-1, he would apply for AOS to permanent resident once married, not apply for a study visa.

     

    I was fortunate in that my Canadian university has online classes, so after weighing the pros and cons and not having much confidence in the varying answers we received from school to school, we opted for me to continue with my degree through my Canadian school rather than  try to work out the logistics here.

  21. 2 hours ago, youzhiyuan9394 said:

    Thank you for answering!

    Does that mean I need to go to SSN department to update my SSN with the greencard and NOA letter?

    Thank you for answering!

     

    If your SSN card has no notation on it (like "Not Valid for Employment" or "Valid for Work With DHS Authorization") and you already removed the restrictions when you got your 2 year GC a couple years ago then you wouldn't have to update it. But if you never updated it and it does have one of those notations then yes, you would need to update it in order to be able to use it in conjunction with your state DL for your I-9 proof. You mention that your GC expires this month; SS might not update your card unless you have at least 14 days remaining on your proof of legal status, which in this case is your GC. In theory, it should be no problem for them to just look at your GC and the extension letter together and use logic to determine that your legal status is good for another year. But I've read and heard many stories of people trying to get an unrestricted card using the extension letter and expired GC and being denied. You might not have an issue if you deal with someone who understands the extension letter is a legal immigration document, but just a heads up that you may face a problem trying to update your SSN with it after your GC expires. It seems to vary from office to office (and employee to employee). So I would try and go ASAP.

  22. 2 minutes ago, cmhans said:

    My conditional residence (green card) expires September 29th and I'm just about to send off my i-751 petition and evidence. I feel very disorganized compared to some of the people on this forum. My husband and I have not been organized enough in storing financial documents etc. I'm worried I don't have enough evidence. I've listed below what I do have that I will be sending, and what I don't have and the reasons why I don't have those items. Can anyone offer advice and/or reassurance?

     

     

    What I do have:

     

    Affidavit from my parents;

    Affidavit from a friend and neighbor of me and my husband;

    Photos of my husband and I (but not many photos)

    Copy of joint lease of apartment rented by Clare and Kyle Hanscom;

    Bank statement from joint account shared by Clare and Kyle Hanscom;

    Mail addressed to each of us at our shared address;

    2017 tax filing documents;

    Pay checks for each of us showing our shared address.

     

     

    What I don't have (in my cover letter I explain why I do not include the following):

    Joint credit card info (we don't have any credit cards);

    Life insurance policies (we don't have life insurance);

    Driver's licenses showing same address (I do not drive so I have no license);

    Car insurance and car loan info naming both of us (both of these are in my husband's name only as I do not drive).

     

    Also:

    • We both have health insurance but have separate policies.
    • I am trying to get hold of tax transcripts from 2016 and 2015 but I'm not sure if I will get them in time so we might be sending just the 2017 documents.

     

    Thanks in advance for any advice/reassurance that people can give me.

    Is there a particular issue with getting those tax transcripts for previous years? Have you been trying to order them online? Those are a really valuable piece of evidence so definitely try to sort that out.

     

    You have a joint apartment lease in both of your names; do you have previous years' leases as well, or does the lease you're providing span several years? If you renew your lease annually be sure to include all past ones too. They're looking for evidence that spans the entire duration of your marriage, not just the most recent stuff.

     

    Do you have renter's insurance? Is it in both your names?

     

    You mentioned bank statement, singular, but again, they're looking to see continued co-mingling. Some people include one statement from every 3 months of their marriage, or you could play it safe and include every month's statement. But definitely include more than one, and make sure they span your marriage.

     

    How about utility bills? Are those joint? Even if not joint, if there are some bills in just your name and some in just his then you can include both to show that you're each responsible for shared expenses, and they'll see the same address on both.  

     

    If you don't have wills yet, I might suggest drawing up simple ones naming each other as beneficiary. If you don't have a lot of assets, property, or children, it doesn't have to be anything complicated, and you can use an inexpensive software program to do it. They like to see wills and powers of attorney. 

     

    If you've taken any vacations together since being married and have copies of the hotel bills with both your names on them, boarding passes showing you both on the same flights, etc. you can include those as well.

     

    Hope that gives you some stuff to work with!

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