Esme2015

If qualifying based on a new job, USCIS usually want to see 6+ months at the present job. Sounds like you need your husband to complete two I-864As for you or have a joint sponsor fill out I-864s.

Thank you for your reply.

So if i send 5 months of pay stubs it will not be enough along with a letter from my employer? My husband also started a new job this April so we both have new jobs.

I can send pay stubs from June - October if i really want to wait. I have 87 days to reply to their request but i would rather not wait so long. Was hoping to reply on September if possible.

Just a quick update, her case was approved and she received the letter of approval yesterday August 29th and when i checked online her card was sent for production on August 27th

I hope everyone else receives their approval soon.

Hello everyone!

I have applied for my parents green card as well as adjustment of status ( I130- and I-485). My parents had their fingerprints taken first week of August. Yesterday my parents received a Request for initial evidence and the letter says that the sponsor does not meet the 125% poverty guideline for the household size. I am certain that I am well above the 125% poverty guideline, but let me explain why i think there might have been a problem.

When i filled out the I -864 form, one each for mom and dad. I had to submit tax information for 2013, 2014, and 2015. I graduated from university 2014 and my first job was August 2014. So I did not file for taxes for 2013 since i was a full time student and no job, living on grants, scholarships, and many loans. I was not required to file taxes. Then i did file taxes for 2014 but since i worked for less than 6 months during the whole year my income was very low, my husband's income was also low because he also started his first job around May 2014 right out of college.

Then 2015 taxes, my husband's job did not offer insurance plan other than COBRA, so i had him under my plan, i was paying medical, dental, had an FSA plan, and 401k, so by the end of the year, even though i had made well above the poverty line for my household size + 2 (parents), on my W-2 taxable income was below the poverty line because of all the before tax deductions. I am above the line with my husband but i would like not to get him involve since i know i qualify and have the income.

This year, i got a new job on June 1st, paying me about 70% more than my previous job, a big increase from my first job. My husband also got a new job that takes care of his insurance and dental, so that expense is not under me anymore. So i was certain i wouldn't have any problems. The thing is that i sent the application around the first week of July. I got a receipt dated from July 11th of applications acceptance. By the time i filed I only had 2 pay stubs from the new job. One of the paystubs was only 32 hours from the first week that i worked (holiday week), then second paycheck was full amount (80 hours). I attached copies of paystubs from previous job, big bonus check copy, and a paper from new employer stating my annual expected income, hourly rate, and overtime rate, date of hire. I thought this would be enough but maybe it wasn't.

My question is, should I send the same application again, but now with more pay stubs? I have around 7 pay stubs now and i can wait like a month to get two more so i can establish a steady income? I could also ask for a more official letter from my employer stating my pay rate and the stability of my position? Would this be enough? Could i also write a letter explaining my situation and why i think I'm over the poverty line?

We also have someone else that can be an sponsor but i would prefer to sponsor my parents instead of this close friend of my parents. I have made an info pass but that is until two weeks from now and my parents have gotten worried. What do you think is the best course of action? I do not want to send the same form again and then find out that they still do not consider me above the guidelines and not sure if they would give me another opportunity (then file sponsor as my parents friend), or would this be enough to not approve the application.

Thank you in advance.

Thank you everyone for your replies! I'm hopeful that she wont have any trouble on her future travels

This link was very helpful F1H1I130, thank you so much.

Agreed on the first point, not the latter - travel to Mexico is a bit different.

https://help.cbp.gov/app/answers/detail/a_id/751/~/traveling-to-other-countries-while-in-the-u.s.-on-a-b1-or-b2-visa

Yea usually when i cross there is no revision leaving the country, so no problem there. I was just wondering if the same permit will be valid once they re enter the same day or following day, and it looks like it is. Thank you for sharing your experience Marc_us82

I crossed from SD to TJ just for a few hours and came back with my b1/b2 visa no problem. There was no inspection entering Mexico, just a turnstile.

Hello,

I am not sure if this questions has been asked before but i wanted to explain the details so please let me know if i can find a similar topic or if you have an answer. My grandma has a 10 year multiple visa. She usually does a 3 month trip every year to the US but she has been travelling more often because of family events. On 2015 She traveled from March- June for my parents 25 year wedding anniversary. Then she came April-July this year.

My Aunt, uncle and cousins are coming to spend Christmas this year and they are the ones who take care of my grandma so they would bring her along from December - January at the end of this year. My grandma is really worried because her immigration counselor told her to only travel one a year and only 3 months maximum. She also wants to come Summer 2017 for my sisters high school graduation, brothers university graduation, and cousins graduation so she wants to stay alone back home but she is old so we do not feel comfortable doing that.

In your opinion, would she have any trouble travelling so many times in a period of ~1 year and 3 months? ( April-July 2016 , Dec-Jan 2017, April -July 2017) ?

I don't think it will be a problem but i wanted (and my grandma asked me) to get more opinions since she is set on not travelling with my aunt and uncle during Christmas.

Also, I plan on taking them to mexico for dinner and for them to visit for a day or two since i live in San Diego, they are from El Salvador. With a 6 month permit, can they freely leave and enter the country? Lets say just for dinner like 4 hours and then cross back to the US? I know Mexicans have that liberty once they have a 6 month stay permit but I'm not sure if it's the same for other countries considering neither is their country (US and Mexico) ?

Thank you so much in advance for your information!

I did my interview on May 10th and passed. I applied thru marriage but was not asked anything regarding any documents, not even taxes. She was very friendly (not so much at the beginning). I answered the first 6 questions correctly and we went over the application and noted any changes from the filling date (additional travel, name change, address change). Then I signed the application and the picture and that was it. Overall it took around 30 minutes but because i had a question about a name change and she had to go ask someone else.

Last week my status from my application was changed to "Will schedule interview" and so far I am still waiting. I am really hoping to get into the June ceremony =]

I will let you know of any updates.

We are almost at the end of the race

I am super excited as i just received a text message stating my interview has been scheduled. I am probably one of the last ones to have an interview scheduled so this is very exciting. I will be updating with the date once i get the letter. Time to start studying

I just came back from travelling so I don't have an exact day of when the letter was received. I'm guessing either April 7th or 8th. My interview is Scheduled for May 10th in San Diego Field office.

Finally some movement after so many months!

BTW, could someone update the timeline? I don't know how to do it. Thanks

So just an update,

My friend got her bios taken and now she is just waiting to see if it get approved. It seems like its a mistake on their part, it's true that they can't just terminate an application before actually considering it. She never received that letter either. On her account online it says her applications are processing while the MyCaseStatus still says terminated.

Hello! Me supongo que la mayoria aqui hablan español, escribir el ingles se me dificulta. Estoy super preocupada me llego la carta que mencionan para creear una cuenta en uscis la cual no eh creado porque no tengo acceso a una pc y en el celular no se pudo bueno despues de esa carta me llegaron los dos recibos: el del premiso de trabajo y la otra y al igual al checar el numero de la 821 me sale eso que ha sido terminated y en el otro numero me dice que esta en proceso y espere la carta para mis bios??! No entiendo nada. Mi caso lo recibieron el dia marzo 18 el cheque lo cobraron el 24 y los recibos me llegaron el dia 30 de marzo justo a dos semanas de que mi abogado lo envio, me llama la atencion que todos los que emos recivido esto somos casos recientes, sera que es un error?! Estoy asustada ya mande un email a mi abogado y cualquier cosa que solucione los mantengo al tanto! Igual llamare a uscis el lunes a primera hora.

Hola,

La verdad no creo que hay de que procuparse. A mi amiga le mandaron la carta de Biometrics y tuvo que hacerlos antes porque no va a estar en el estado la fecha que le mandaron. Dice que todo salio bien. La verdad pienso que es un error de parte de ellos y no ceo que sepan. Si tu abogado puede investigar algo nos avisas =]

I am super excited as i just received a text message stating my interview has been scheduled. I am probably one of the last ones to have an interview scheduled so this is very exciting. I will be updating with the date once i get the letter. Time to start studying

Thank you. This is strange because I did not receive any other notification besides the receipts. My receipts start with the IOE as well. Hopefully, I'll receive the letter with the log in information soon. I should be getting a letter mailed to me expecting the decision to terminate my case. Maybe that will have the link to create this other account as well. Will you let us know when you have more information? I'll post updates too, so anyone on the same boat know what to expect. Seems like it is a glitch.

Thanks again!

I will definitely keep posting as soon as i have more information

Hi, can you clarify this further? What is this letter and what is this account that she created? Is it not the MyUSCIS Case Status, where it shows the status for our 821-D? I have received two letters stating that my applications for DACA and Work Permit was received. Then, I checked my status after a week on USCIS Case Status, and saw that my DACA has been terminated, with a letter coming my way. Is this the letter that asks us to create an account somewhere else? My Work Permit application doesn't have any other update besides it being received.

Thanks for any knowledge that you can provide.

Sorry for the confusion. So before receiving the receipts, which are the two that you received, she received a letter stating that she could create an account and they provided an unique number. I am assuming that the reason is because her file was sent to another office, her receipts number starts with IOE. I had never seen that, usually they start with WAC. So she made the account and it says that everything is processing and she can access her full scanned application. Before creating the account, they sent her an email with the receipts number saying that they were accepted. When she checked the numbers she saw that the daca app said it was terminated, but the work permit says that it was processing and rerouted to another office. Probably BNC center. She showed me but i forgot. Now her work permit number says her biometrics were scheduled. Her DACA application still says her case was terminated. Both in the My USCIS Case Status. Now inside her account that she set up it said they were processing. Its two conflicting information, so i wonder if this is a mistake on their part since so many people seem to have this problem.

I talked to my friend and she received the two receipts from the DACA app as well as the work permit application. She also made the account with the letter she received. The letter did say that she could only use that number before 30 days. She wouldn't be able to make an account afterward. Her DACA app still says terminated in the case status tracker, but her work permit application says her biometrics appointment has been scheduled. I really don't know why the 821 would say it was terminated, it's so weird.

OH OK .. DID SHE GET HER FINGERPRINTS DONE YET? IF I DONT GET THAT NOTICE FOR ONLINE LOG IN THEN I AM GOING TO GIVE THEM A CALL AS WELL..

Not yet, and she just send he application 2 weeks ago so i don't expect her having her fingerprints notice yet. I was thinking that maybe they are rerouting cases to different offices and if IOE doesn't have a lot of workload then that might be why. She will just give it time since she can access her full application online and everything seems fine.

I JUST NOTICED MY CASE HAS THE SAME THING .. BUT IT SHOWS THAT I AM SCHEDULED FOR FINGERPRINTS ON MY I-765 .. BUT HAVENT RECEIVED ANYTHING EITHER.. HAVE YOU RECEIVED A NOTICE YET?

She has not received any notices yet, only one giving her access to make an ELIS account. She made the account and seems like everything was accepted. Everything seems very weird, she will be calling soon if she doesnt receive that letter that they said they had send because her case was terminated.

I helped a friend file her DACA a coupleweeks ago, I never file for anyone, just help them with providing them with forms, telling them what type of evidence they should get such as school records, bills, etc. Usually i have seen DACA cases Receipt with WAC receipt number, up until her case which starts with IOE. I had never seen that so i researched and it shows that is for electronic filling, which is really odd since they send the application by mail. The check was cashed and she received 2 notices by email and text msg. One for her work permit and the other for her DACA a couple days ago. She has yet to receive the letters on the mail. She then searched for the numbers on the case tracker on USCIS site and she saw something really odd, her DACA application said it was terminated. Her case was received March 8th, her work permit receipt says it was accepted and she will get a receipt notice on the mail. Her I-821D receipt number says her case was terminated and they mailed a notice with instructions. On the emails she received it says they were forwarded to the California Service Center and they were accepted. Is very confusing and i have researched and haven't found a case like this one. Does anyone know what this could mean?

Thanks

Went to my interview yesterday. I'm probably one of the last ones in this group to interview, but here it goes anyway:

Arrived 30 minutes before scheduled time, which was 1:40PM, but wasn't called until about 45 minutes after. Actual interview lasted only about 15 minutes. I was asked to do an oath that everything I say will be the truth, blah3x. Then asked to read: "What state has the most people?" and then asked to write: "California has the most people." He verified the demographic information on my N-400 application. We had moved to a new address and he wrote it down on the form, despite having an AR-11 in the file. Then I was asked the civic questions:

1. What were the amendments about who can vote? (I initially answered only one, but he said go on, so I answered all four)

2. What was the main concern during the Cold War?

3. If the President can no longer serve, who becomes President next?

4. Name one branch of the government.

5. Name two rights of everyone living in the United States.

6. What is one reason colonists came to America.

Then I was asked the yes/no questions. In between those, he kept going back to how many children we have, my birthdate, is this my first marriage, is it my husband's first marriage, are our kids US citizens... Then he printed out a form with my information, asking me to sign to verify its correctness, then he printed out another form with the "recommended for approval" checkbox marked!

I brought a few documents with me, specifically 2015 tax forms, recent joint bank account statements, recent pictures, new lease agreement... Basically anything I could think of as more evidence for our marriage since I sent in the application. But he only asked for my.

That's it. Now to wait for the oath date, and hope my husband's off on that date so our whole family can go!

Congrats!

And you are not one of the last ones :/ i'm still in Line for the interview since Dec 8th. The waiting is killing me.

I'm feeling really left out no news of when my interview will be scheduled. I don't wanna wait anymore, i would like to plan my overseas trip asap

Still waiting for appointment to be scheduled

Almost everyone has had theirs scheduled. Waiting is very stressful.

Well actually the deal is that he started accruing "unlawful presence" when he turned 18. He stopped accruing it when he got DACA. If he accrued 180 days of unlawful presence and left the US, he would incur a 3-year ban. He could only have accrued less than 180 days of unlawful presence if he got DACA less than 180 days after his birthday, which means before October 2.

Anyway, since he has DACA, he should stay in the US until he has gotten a viable solution figured out. His ability to immigrate based on his parent's petition is probably at least about 8 years away (time for you to get citizenship + parent to immigrate + wait time in F2B category), so there is nothing he can do about it for a while anyway.

I have just checked and his DACA got approved October 18. That would mean 196 days of unlawful presence. Assuming that everything goes as planned he will be approaching his 30s. His situation might have changed by then. Right now it's just a waiting game

they are saying of the possibility way in the future, the daughter will file for citizenship, she can file for her parents, her parents will become LPR, they file for their unmarried children which will have to go through consular processing, but parents qualify for them to file the waivers, out of the US unless the laws change and they are able to file something like the i601A, what the President tried to do

Yes, this would be in a long time, not right now. I was just trying to inform myself. My brother's bday is April 5th, i highly doubt he receive his DACA October 5th. I just know its in October, so most likely 18 yrs and 7 months. That will put him out of status for 1 month, since everyone is saying he starts accumulating at 18.5 yrs. My sister will be different since she will be applying for DACA very soon seeing that my aunt's application will not go thru. I will be applying for my parents AOS sometime next year if everything goes right with my citizenship application.

Thank you all for your replies.

If your siblings adjust through marriage to a USC they would not either, but that was no what you were asking.

No, i meant, if my parents petition for them will they have to go out the US?

You have evidence that they entered legally?

This siblings could get AP through DACA and re enter and adjust when there visa number is current, quite a norma work around.

We do, we have I 94. Is going out really necessary? I didn't have to do that. I was able to adjust thru my husband without exiting the country. Just did AOS.

hi

once you become a USC, you can file for your parents since they entered the country legally

now your siblings are another story, when did the come, when did they enter the country? it's to know if they qualified for DACA, why your parents never filed DACA for them

month, year and age for the older brother are needed to know if they qualify for DACA

at least in that way, they could get a work permit, but it all depends on when they entered the country and at what age

they have the same problem as they have now, they don't qualify for any type of family visa to adjust status in the US

It would be faster for your parents to petition for your siblings once your parents immigrate, assuming that your siblings remain unmarried. (You can also petition for them, if you are 21, just to be safe; multiple petitions don't conflict.) Unmarried under-21 child of LPR is F2A category, with a wait of 1-2 years; unmarried over-21 child of LPR is F2B category, with a wait of 6-7 years. Sibling of USC is F4 category, with a wait of 12-13 years.

In any case, your siblings won't be in the Immediate Relative category so they still can't do Adjustment of Status if they are out of status. So they will have to leave and do Consular Processing. But leaving might trigger a ban for them, depending on when they got here and other circumstances. The one who is 16 won't accrue unlawful presence until 18, and so won't have enough unlawful presence to trigger a ban on leaving if she leaves before 18.5. The one who is 21 may already have enough unlawful presence to trigger a ban on leaving (again, you didn't give enough information to tell). There are other things like unlawful presence is not accrued while on DACA, so if they got DACA before 18.5, that also prevents them from having enough unlawful presence to trigger a ban on leaving. If they will trigger a ban on leaving, then you need to consider whether it is possible to get them a hardship waiver based on hardship to your parents, etc.

My brother turned 18 on April 2012. He applied for DACA that same year as soon as it was available. His permit was approved by October 2012, so maybe a little over 18.5 yrs. Idk exact day of approval.

My parents are waiting for my sister's application because we though she might be a derivative but i will be helping her out filling out the application soon while she waits for my parents to petition her.

We all came to the US mid 2004. I adjusted status by my husband when i was 21 and did not received any penalty, or ban, so i was hoping it would be the same for them. I don't know if the type of petition had anything to do with that.

Thank you all for the valuable info. I will be passing it along to my family. If there is anything else you forsee or was not said please let me know

There is a conondrum as you and your family are in the US out of status. Depending on how long you have overstayed you will have a ban. A sister is not an immediate relative so no waiver is available. Does mom have either parent here in the US legally?

Thank you for this info, my aunt is the only us citizen and i'm in the process of the application. Hopefully i will become a citizen during the first months of next year.