Greenhouse

Hi everyone,

We got our NOA2 and started to do some of the planning for the wedding. I have read and got some mixed reviews of going outside of the U.S. for the honeymoon...even to places like Puerto Rico. My question is pretty simple, is there a risk of going to PR....and would you advise agaist it? I am half PR but have never been, so I thought since we can't go anywhere exotic (And Hawaii is too expensive) that we can go to PR for the honeymoon...but now I'm not too sure.

Thanks!

Hello,

I am the spouse of a U.S. citizen and we are in the U.S. Virgin Islands since December 2014. We filed my AOS in March.

I travelled to Puerto Rico in April and last week I got mt travel document. Today we have the interview for the Green Card at our USCIS local office and they did not question the trip to PR. My I-94 says 'Departure' when I left for PR but it did not pose any problem for USCIS.

If you feel you want to spend in your honeymoon in PR, I would say go for it. The chances that your plane lands in another country to fill its tank are slim, same as you getting kidnapped and then returned to the US, where you lose your application Puerto Rico is a wonderful place but kinda hot too.

Good luck!

That's on my I-94

I dont think you should be too worried; my issue was my departure didnt happen.

If your arrival / departure dates are correct, I would think that would be ok

YMMV

I'm wondering if they might think that my departure was outside the U.S.

I called CBP and I was told my departure was mentionned on I-94 because they inspected me.

I read this post and I started to get a little paranoid.

I am adjusting my status and I have my interview for next month. I came in the U.S. in Dec 2014. Port of entry Miami. Then went to the U.S. Virgin Islands. A few weeks ago, I made a short trip to Puerto Rico. Both countries are U.S. state territories. I have applied for my travel document and I haven't received it yet.

I recently checked my I-94 online and I see my arrival in Miami (which is fine), then departure 27 April (day I went to Puerto Rico) and it doesn't mention the port of entry/exit!

Should I be anxious?

Update, for those in the same situation:

I attached a letter to the I-131, asking them to use my P.O. Box for all correspondance. They mailed the I-797C to the physcial address. As the post office could not deliver the letter, it was returned to them.

I waited for a month after they have received my application to call them. They changed my address on their system and I had to do it too online.

I received two emails: one for change of address and another for notifying that they are sending me the I-797C a second time.

This week I received a letter regarding the change of address for I-131 and finally the I-797C.

Update, for info:

I got the I-797C of I-131 yesterday, two weeks after calling USCIS and asking them to mail all correspondance to my P.O. Box. Initially they sent it to the physical address and the letter was returned to them as the post office could not deliver it.

Wow, that's quite a story Damara! You are right, as long as I got a case number, it's still good.

The I-131 asks for the Physical Address only, where they will mail the card. All our letters are delivered to a Post Office Box. I wrote a letter, asking them to send all correspondence to the Mailing Address and attached it the form I-131. I think they did not pay attention to it.

Any idea why for some people EAD is not reentry to the US whereas for others it is? I don't want to finally receive the EAD and then see that I won't be able to use it to travel.

Note: I have attached pictures of EADs which allows and forbids entry to the US.

Annoying iPad...

Greetings everyone,

I sent my package (I-485, I-130, I-131, I-765) a few weeks ago. I received four emails acknowledging the receipts of these forms and they assigned a receipt number for each of these forms.

Yesterday I found four letters in my PO Box:

Form I-797C, Notice of Action for I-130 (petition for Alien Relative)

Form I-797C, Notice of Action for I-485 (Application to Register Permanent Residence or Adjust Status)

Form I-797C, Notice of Action for I-765 (Application for Employment Authorization)

Form I-797C, Notice of Action for my Biometrics Appointment.

I am missing the NOA for I-131. On my Biometrics Appointment, they only mention I-485 and I-765. "Case type I-485 - I-765". At the bottom, the barcode reads only for I-485 and I-765. In other words, the reference for my case numbers exclude the I-131 one. Is this normal?

Do I need to panic or do I wait a few more days for the I-131 NOA to arrive?

Your opinion is most welcome!

This is not correct. Current annual income is what you make currently, and is basically a projection of what you earn in an entire year's time frame. It is not about past income shown on a tax form only, unless you are self-employed.

OP> If you are filing for AOS(adjustment of status) within the US, then you will deal with the USCIS and not the NVC. You need to list the last 3 year's Total Income(line 22 of the 1040) on the I-864 where it asks, and submit only the most recent complete tax return or IRS tax return transcript. For current annual income, if you are an employee, you take your hourly rate multiplied by hours worked each week, and then multiply the weekly rate by 52 weeks. That is what you list as your current annual income where it asks on the form. This is a separate question and section on the form from the tax information. You will supply a letter from employer and/or recent pay stubs to prove the income amount you list.

They will take into account the totality of your case. He was living abroad, and is now in the US and has a job here. Even though foreign income is not considered, they can still see he was employed and earning above the income requirement, which will go towards showing stable, ongoing income. Even better if he started his current employment back in 2014, and if your household size is only 2, then he is well above the income requirement. The job is new, seems like 4 months?, but I would go ahead and file with what you have. If they do not accept it, then they will send you an RFE, and then you can provide a joint sponsor at that time, if needed. Hopefully you will be okay without one.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

Hello KayDeeCee,

After the foreign earned income exclusion from Form 2555EZ, the total income will be $0 in 1040. So for the last three years, the income would be $0... Is that bad?

Thanks! I feel more confident now about my case.

Thanks Dualie! I hope it is going to work. I should get the tax returns in a few days.

Hi everyone!

In the I-131, they ask only for the Physical Address in Part 1. My concern is that I have a mailing address which is different from the physical one. The postman does not deliver to my house.

Should I attach a letter to the form, giving them my Mailing Address where they should send the AP?

Thanks,

Khema

Thank for the reply Jay-Kay. I'm relieved... There is still hope if they examine mainly his current income and not what he made the last three years ?

I will get his 1040 next week, by then, I should be able to fill the form with the help of your instructions. You understood the situation correctly. He was living abroad and we came in the VI when he got a job. It's been almost 4 months. I should have submitted the application 2 months ago but the AOS stopped us because of his missing tax returns. A joint sponsor would have strengthen our case but no one wants to take the risk. We have been here for a short time and we don't have close friends. We also don't have assets that we can use in the AOS.

I just hope that his previous foreign income and his current job will be enough for the USCIS.

Thanks for the information! Don't worry, it happened to me too, no harm done ?

So basically if 2014 income was above poverty level, regardless of 2012 and 2013, there would be no problem? Even if the income was foreign?

Hello everyone!

My husband (US citizen) has lived outside the US for more than 15 years. We are in the VI since Dec 2014 and we are applying for my GC. I am currently on a visitor visa. We are having major issues with the I-864.

He hasn't filed US taxes and we went to see an accountant to backfile the taxes for 2012, 2013 and for 2014. He was unemployed for 2012, so gross income will be $0, in 2013 he made about $20 000 and for 2014, $10 000 (abroad) + $ 1200 for a week of salary in the VI when he started working. For 2015, he will make about $50 000, which is above poverty level. Will the NVC be difficult about this AOS because of his previous income which was at a time, below poverty level? Or will they look just at his current gross income? Can an immigration officer see me as a potential public charge?

For 2 months we have been asking friends and families to be my joint sponsor but no one wants to take the risk. Unfortunately, that option can't be considered. I will have to return to my country in July and I hope to send the application before that. I have also applied for i-131 to allow me to enter the US when I travel.

I hope someone can give me some advice or share with me your experience about this subject

Thanks!