japanrecruit

6 minutes ago, Brandja said:

Hey congrats! I'm happy it all worked out. Now I can use your proof as a reference for future if anyone loses their appointment receipt!

Don't be name-dropping me now!  

Hey guys, just a data point-- wife went to USCIS dor her appointment without the letter, they were super nice and printed her a duplicate on the spot. Worried for nothing! 

Embarrassing, but can't find it. Do I need the letter for biometrics, or will it be OK as long as we have the case numbers? 

2 minutes ago, Suss&Camm said:

After the 14 day before i-94 expiration has passed they are not permitted to change anything in the SSA system that retains to the card, they are blocked from those functions until she again has legal status. The local office probably still have her info on file though, separate systems. They can still send ppl mail that don't even have a card,  if that makes sense

I see... so, do you think they sort of screwed up? We filed for the name change on 12/7, and the 2 week before i-94 expiration was around 1/1. Seems like they messed up or misplaced something, and once we reminded them they realized and now their hands were tied. Frustrating! 

I want to file taxes already, but if her name isn't changed yet in the SSN/IRS system... should hold off, right?

Hey guys, anyone know what we should do here? Here is a timeline to set this story up:

10/15/16: Fiancee Arrived to US

11/10/16: Filed for SSN (Card didn't arrive, SSN card was sent to our address but was sent back to SSN office)

11/29/16: Married

12/2/16: Went back to SSN office to ask whats going on, they told us about the mail coming back. They gave us SSN number without card that day

12/7/16: Received marriage certificate, took to SSN office to file for name change

Crickets

1/15/17: Called and asked what was going on, they said "still investigating"

1/18/17: Received letter saying they can not issue a SSN due to her K-1 expiring before they can issue a card. We called and they said we need to come back once she gets her EAD. 

What gives?? We have a SSN, it's just a name change at this point. We called multiple times and they said they have no record of a name change and that her name is still her maiden name. BUT, the letters addressed to her are addressed to her married name..... what is going oooooon

Hey guys, just got married to my wife who was on a K1. Filing for AOS now, and the Advanced Parole doc is confusing me. I know this topic is recurrent here (the humanitarian vs normal argument), I know we are entitled to file without reasoning due to filing the 131 concurrently with the AOS. My question is, it asks for a "receipt" from USCIS stating that an application has been filed. But, since we will be including the form with the application, no receipt obviously. I'm sure it's "common sense" that because we will be including it in the actual, physical AOS application, USCIS will know that it is concurrent, but just wanted to know what everyone else did, or if I'm missing something.

Tl;dr : No "receipt" required and just send in the document with no proof, or attach something else?

The letter from employer and recent tax return will suffice even. Bank letter not required, so you should be fine.

The I-134 instructions are vague and don't really apply to a visa with immigrant intent. Since the K-1 is processed through the immigrant visa units of the consulates, they tend to go by the I-864 guidelines, even when using the I-134. This is also because you will need the I-864 not long after obtaining the K-1, after you are married and filing for AOS. Check your consulate's instructions. If they do not ask for a bank letter/statements specifically, then they are not required. They are usually used for someone that is self-employed, someone using assets, or someone that needs to prove non-taxable income.

You can read through the whole section on public charge in the FAM, but here is an excerpt on the use of the I-134 geared towards a K-1 applicant>

https://fam.state.go...9FAM030208.html

(Previous Location: 9 FAM 40.41 N5.6-3 CT:VISA-1995; 06-06-2013)

(3) Use of Form I-134:

...

(e) To substantiate the information regarding income and resources, the sponsor should attach to the affidavit a copy of the latest Federal income tax return filed prior to the signing of the Form I-134, including all supporting schedules. If you determine that the tax return and/or additional evidence in the file do not establish the sponsor's financial ability to carry out the commitment toward the immigrant for what might be an indefinite period of time, or there is a specific reason (other than the passage of time) to question the veracity of the income stated on the Form I-134 or the accompanying document(s), you should request additional evidence (i.e., statement from an employer showing the sponsor's salary and the length and permanency of employment, recent pay statements, or other financial data).

Most consulates ask for them. See the excerpt from the FAM above. Your consulate might not insist, but their instructions state they are preferable. It is ok if your most recent taxes were filed with your ex. Show the 1040 and your W-2 to show your individual income from the joint return.

http://photos.state.gov/libraries/ukraine/895/pdf/K_Instructions_002.pdf

6. EVIDENCE OF SUPPORT: Any evidence from your American spouse/fiancé(e) which will show the consular officer that you and members of your family who will accompany you will not become public charges while in the United States. Documentation regarding financial support can be in any form – preferably one year of tax returns, W-2s, bank statements, earning statements, letters from employers. PRESENTING ONLY THE AFFIDAVIT OF SUPPORT I-134 FORM IS NOT SUFFICIENT. The I-864 form is not required for a fiancé(e) visa.

Hey KayDeeCee, thanks for the detailed response! This is what Tokyo Embassy's website has:

The sponsor’s affidavit should include:

• Information regarding his/her annual income
• Material/information regarding his/her other resources
• Obligations for the support of members of his/her own family and other persons, if any
• Other obligations and expenses
• Plans and arrangements made for the applicant's reception and support
• Expression of willingness to deposit a bond, if necessary, with the USCIS to guarantee that the applicant will not become a public charge in the United States and
• Acknowledgment that the sponsor is aware of his/her responsibilities under the Social Security Act, as amended, and the Food Stamp Act, as amended, that the affidavit will be binding upon the sponsor for three years after entry of the named persons and that the affidavit and supporting documentation may be made available to a public assistance agency (The provisions of the above law are in the instructions for Form I-134).

To substantiate the information regarding income and resources the sponsor should attached two or more of the following items to the affidavit:

• Copies of his or her latest federal income tax return
• Statement from his/her employer showing salary and the length and permanency of employment
• Statement from an officer of a bank regarding his/her account, the date the account was opened and the present balance
• Any other evidence adequate to establish financial ability to carry out his/her undertaking toward the applicant for what might be an indefinite period of time

Affidavits of support should be of recent date when presented to the consular officer. They are unacceptable if more than one year has elapsed from the date of execution. The affidavit of support should be given to the applicant to present on the day of his/her visa interview. If you do not wish the person to see this affidavit, it may be sent directly to the Embassy/Consulate with a cover letter giving the applicant's full name, date and place of birth and case number.

Bolding is mine; it says two or more, so I'm assuming copies of my tax return and my employer letter should be enough. Also, dumb question-- tax "return" can be the IRS Transcript?

Thanks!!!!

Thanks for all of the replies, everyone. That really helps. Is there anything in writing anywhere saying bank statements are not require if income is met? It is very vague, as most of you are well aware. Or is it more of an unwritten thing?

Hey guys, this might've been beat to death but I don't see too many "recent" entries here. I need to provide an I-134 to my Fiancee (who will interview in Tokyo), and am stuck on the bank statements. My income is well over 125% of the poverty guidelines, so I'm sure all I need is a letter from my employer, and my tax returns, correct? (Is it the actual tax return, or the W2?)

On the physical form (I-134), if only my income is sufficient, do I still need to fill out bank balances and whatnot? I'm sure it won't hurt to fill out, but I thought if I filled it out, they would want documents to back it up so was wondering what everyone did that had sufficient income.

Thanks!

What does everyone typically do in terms of getting married after spouse arrives to the U.S? Can't exactly plan for a wedding without knowing when the visa will come through, but once they get to the U.S you only have 90 days. Courthouse to get married legally, and then the actual wedding at a later date? Or do people plan weddings during the process?

japanrecruit, on 07 May 2016 - 08:56 AM, said:

Hey guys, bit confused on this one for myself. I lived in Japan (military-base related) as a child, but haven't actually lived in Japan for about 10 years now, I left that part blank on the G325A since they were originally asking for 5 years of residence history. Should I list a Japan address, even though it was a long time ago? Follow the form instructions about the length of time requested.

On another note, I have more residences than provided spaces on the G325A, so I made a simple excel sheet and used as a supplement. Foresee any problems? Thanks!! Going to submit today or tomorrow!! Yes, use a supplemental sheet, providing the similar information as the various fields on the form. Don't forget to reference the item number of the form and to date and sign the supplemental sheet

Welcome to the forum.

Thanks for the reply! Regarding "form instructions," it doesn't say anything about when the residence took place, so I guess I need to put down that Japan address....??

Hey guys, bit confused on this one for myself. I lived in Japan (military-base related) as a child, but haven't actually lived in Japan for about 10 years now, I left that part blank on the G325A since they were originally asking for 5 years of residence history. Should I list a Japan address, even though it was a long time ago?

On another note, I have more residences than provided spaces on the G325A, so I made a simple excel sheet and used as a supplement. Foresee any problems? Thanks!! Going to submit today or tomorrow!!

Hey all, kind of a dumb question but once everything is good to go and the visa goes into my financee's passport, how long will she be without her passport? She works for the airlines and needs her passport to work.... Thanks!!

US military and US government contractors who are sent overseas are usually considered to be on US soil. Always double check to make sure.

That is what I was thinking... but will check. Thanks!

hi

you would have wasted time and money, because the K1 is to marry and adjust status in the US after you are married, if you leave without adjusting, then it was a waste of time and money

instead of the K1, why don't you just go ahead and get married? you can marry anywhere, and she doesn't need to come to the US to marry

plus, you can file for the GC once you decide to return to live to the US, of course as you stated this is all hypothetically if you get a job

Thanks for the reply. Well, the biggest thing is that everything is "up in the air" so we have to proceed with everything as if we are staying in the states for an undetermined period of time. Therefore we want to get this done in the quickest time possible which leads us to the K-1. Plus, if I go to Japan it will most likely be for the U.S Government. Not sure how this works, but I'm assuming that although the job will physically send me to Japan, in the eyes of immigration law I'll still be in the U.S?

Hey guys, planning on proposing to my GF (Lives in Japan, Japanese national) within the next month or so. Planning on going through the K-1 Visa process immediately so she can get over here and get married.

Our issue is that although I am currently working for the private sector here in San Diego, I am trying to get over to Japan to work for the U.S Federal Government (on a U.S military installation in Japan). So my question is, will this be an issue? I'm nowhere near getting a job there, but if something comes up it may be a very fast process. Possible scenarios:

Scenario 1: Apply for K-1, get approved, she comes to the U.S and we get married, and then we both leave back to Japan under a Status of Forces Agreement. Issues? I think that would be considered "the U.S" so I don't think so?

Scenario 2: Apply for K-1, and mid-process/before approval go back to Japan. Again, issues? Technically, I'm moving to Japan but under Status of Forces, so I'm pretty much moving within the U.S for all intents and purposes. Will the processing still continue, or will it stop?

Also a possibility but unlikely:

Scenario 3: Apply for K-1, get approval, come to the U.S and get married. Then I go back to Japan *not* with the federal U.S government and work as a foreigner in Japan. Again, this is unlikely, but if this happens is it just a matter of "your status is revoked?" I just don't want any perception of apply for the K-1 while planning to leave right away, as this is not the case.

The biggest thing for all of the scenarios is that there is nothing in the works for moving to Japan, and I just don't want anybody thinking we went through this whole process with the intent of leaving right away. If I was in the process of getting a job and all that, find, but right now I'm only in the "applying" stage.

Thanks, and this site is a huge help!! Might not even need a lawyer with all of this information!!