shayden10

20 minutes ago, K8t said:

The details would identify him. This was a high profile case. There was an assault charge but as I said, human rights organizations and many foreign governments including the US put out statements that it was a false charge. 

Even if governments and human rights organizations made statements that it was a false charge, it is still a charge on his record. You could definitely include some of those statements as proof that the charge was seen as false by many others and it may lessen the severity of the charge in the eyes of USCIS, but that doesn't change the fact that it is on his record in his home country and those statements will likely will not be accepted in place of a statement from the court or police record. 

I am assuming that he answered "Yes" to one of the questions on page three of the I-485. There are instructions next to "Answer the following Questions" should you answer yes. Those instructions tell you to explain on a separate piece of paper and submit continuation pages according to the guidelines on Page 3 of the Instructions. He must answer those questions and submit the corresponding evidence should he say yes. 

If you go to page 3 of the instructions of the I-485, the first section under "Initial Evidence" refers to Criminal History. It states that:

A. If you have every been arrested or detained by any law enforcement officer for any reason, and no charges were filed, submit: An original official statement by the arresting agency or applicable court order confirming that no charges were filed.

B. If you have ever been arrested or detained by any law enforcement officer for any reasons, and charges were filed, or if charges were filed against you without an arrest, submit: An original court-certified copy of the complete arrest record and/or disposition for each incident (e.e. dismissal order, conviction record, or acquittal order).

C. If you have ever been convicted or placed in an alternative sentencing program or rehabilitative program (such as drug treatment or community service programs), submit: An original or court-certified copy of the sentencing record for each incident; AND evidence that you completed your sentence, specifically: An origiral or certified copy of your probation or parole recordl or evidence that you completed an alternative sentencing program or rehabilitative program.

D. If you have ever had any arrest or conviction vacated, set aside, sealed, expunged, or otherwise removed from your record, submit: An original or court-certified copy of the court order vacating, setting aside, sealing, expunging, or otherwise removing the arrest or conviction: or an original statement from the court that no record exists of your arrest or conviction.

Whether he needed a waiver or not should not affect whether he submits the requested initial evidence. By not providing this evidence you will get an RFIE. 

In addition, part 6 of the Initial Evidence portion of the Instructions refers to Police Clearances. It states that if you are filing for AOS as a member of a special class described in an I-485 Supplement Form, please read the instruction on the supplement form to see if you need to obtain and submit police clearances, in addition to required fingerprints, with your application. 

I am unsure as to whether F1 has a specific Supplement Form, but because he has a criminal record it may be beneficial to get police clearances, they may request them later. 

The I-485 Instructions can be found here: https://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf 

I recommend you take a look at the instructions for all the forms you are filing if you have not done so already, so you understand the form, the purpose, and any other information you should submit with them. 

It is not advised your husband return home for these forms, as he may not be able to return or it may not look good when you adjust his status and they determine he went home to collect documents to adjust status. Hopefully his POA can get them for you in a timely matter.

Hope this helps, best of luck!

1 minute ago, Chardon Ne' said:

It usually takes about 10 days for the receipt number to work. You can contact USCIS if you would like but until they can use the number they will not be of much help. I would wait a week to see if your receipt number works and if it does, I wouldnt worry about it too much as the NOA is not as important as the NOA 2 because it is the approval. If you are applying for a spousal visa then it is immediately available and you do not have to worry about when priority date as yours will be current.  The main thing you want to be sure is that the receipt number is registered and when you are ready to check it works. Many ppl have had this problem recently. Good Luck.

I am adjusting my status from a K1 visa. I have noticed many people are having this issue and called USCIS and just pressed buttons until I got through to a person. They are having multiple issues right now, but will call me back by 9am tomorrow (I was instructed to call if I don't receive the call) to have the information updated and have my forms resent. Like I said, the only reason I need it is to get a driver's license ASAP. My FIL gifted me a vehicle and asked me to take care of my husband's grandmother as she is extremely ill, so the sooner I can get this cleared up the better! Thank you!

Hey VJers,

I have received my I-797C, Notice of Action forms in the mail for my AOS, EAD, and AP, however there are no dates on it (no received date, file date, or birth date) and my Receipt Number is not valid, I tried calling about it but they also said it isn't valid. I have tried going on the infopass website to schedule an appointment but it just says there are no appointments available, I looked at my service area and the three next closest centers. I was wondering if anyone knows another way to get a new NOA1, the only reason I am concerned is because I need to get a driver's license ASAP. If I am unable to get an Infopass appointment before a Biometrics appointment, will they be able to reprint me one there? 

I am super frustrated! I heard this was happening and hoped it didn't happen to me but low and behold! Ugh! Any advice to take care of this super fast would be great! Thank you!

SHayden

2 hours ago, CassandraSerenity said:

Hubby came into the country Dec 15th and we were married Dec 30th.  Had to wait to file taxes so I could submit them with our AoS (the tax refund was helpful too).

 

We submitted our AoS (all three forms) on Feb 13th via Express Mail. It arrived on Feb 16th.  Wait.. wait.. wait...

Our check was cashed today, but we haven't gotten the notice via text or email yet.  I'm hoping they will come in shortly.

I sent my package February 9, it arrived February 13. They cashed my check in the early morning hours on February 22 (those eight days felt like the longest wait). I still hadn't heard anything from USCIS that evening, but received all of my texts/emails around 12:30AM on February 23. (I sent in an enotification form for my AOS, EAD, and AP, so I received three separate notifications). Still haven't received my NOA1, but I also haven't checked the mail yet today! Try to be patient, they will come in the next couple days! 

I think you should slow down and really get to know and spend time with this girl. Like David&Femke said, you seem to be in an uncertain time right now, or maybe you feel rushed to settle down and start a family. A K1 is not easy, it's a lot of time, money, and stress. The commitment is 100% real when she gets here and you get married. Not to mention within a week you met this girl and she wants to move to the states, you should be careful and really get to know her and her motives. USCIS likes to see proof of relationship, and while it may not give you problems, it may not look good that you withdrew your petition at the beginning of February and have now found a new love and would like to begin a new petition and it's not even the end of February.

My husband and I fell in love the night we met, so I understand the feeling that you just know it's right. But at the same time my husband and I were able to live together for 5 months in my home country and had time to build that love, we spent two years long distance which was difficult and really tested our relationship but that only made our love more real and made the K1 process and leaving my home more worth it. Being long distance also allowed us to travel and explore, we went on vacations we otherwise may not have done and got to know different sides of each other. One week is not long enough to build love and trust, it is not a foundation for a relationship that will last a lifetime. Even when people get engaged a week after meeting, they usually spend months together before the wedding. 

I think you should consider getting the opinion of a lawyer who has more experience with K1 visas or calling USCIS yourself to get the prior petition and waiver figured out should you decide to move forward with another K1. 

I wish you luck in whatever you choose to do!

It depends on how you are sending it. The filing instructions can be found on the USCIS website for all forms, but for I-129F the instructions are:

File Form I-129F at the USCIS Dallas Lockbox facility:
For U.S. Postal Service (USPS):

USCIS
P.O. Box 660151
Dallas, TX 75266

For FedEx, UPS, and DHL deliveries:
USCIS
Attn: I-129F
2501 South State Highway 121 Business
Suite 400
Lewisville, TX 75067

When I sent my I-129F and my AOS, both times I addressed it to the address, not the lockbox as I wanted someone to sign for it. My father-in-law sent it both times with the clear instructions to send it FedEx or UPS and both times used USPS instead, which is supposed to deliver to the lockbox. It was not an issue either time, if that does happen, so don't panic (like I did). Make sure you get tracking on the package, for peace of mind, and if you get two day shipping after Thursday know that it will be delivered Monday because they are closed Saturday! 

Best of luck!

59 minutes ago, allyrose said:

Thanks, but it's hard not to haha

I know it's hard not to worry, especially with all the work that goes into the application, but patience pays off. I still have yet to receive an e notification that they have received my package, I just know they have because they processed the check. So you can't always count on them to send that notification, or they may send it late (when I did the K1 I received enotification after I got my NOA1). You don't want to bug them and have it affect your application. Just try not to worry! I'm sure they received it and everything is okay!

I sent my package in on February 9 and they processed my personal check today. Don't worry yet! Yours will probably be soon if you haven't heard anything yet!

1 hour ago, NewBrunswicker said:

Did you have a driver's license in Canada? If so, they don't allowed to renounce your driver's license in Canada in exchange for a driver's license from Delaware. When I moved to Texas back in 2014, I went to the DMV and was able to get a driver's without having to do any testing.

I've looked into it and my State doesn't have a reciprocity agreement with Canada which means I have to go through all the testing. Which sucks but I know I won't have any issues with the tests!

10 hours ago, MyMistaLovaLova said:

Hey Shayden! 

 

Every state is different.  I live in Florida, my husband took the drivers exam and road test on February 10th.  They only provided him with a temporary DL that expires when his  I-94 expires.  If I like to prolong it to a year, I need to provide DMV with NOA1.  Hope this helps.

 

FYI You will need a social security for a DL. 

I was hoping they would prolong it with the NOA1, so I think I'll wait until I receive my NOA1 to do it. Thank you! And I have a SSN so I'm good

Hey VJers,

I sent off my AOS packet February 9 (still haven't heard anything) but I am interested in getting a drivers license. 

I'm in Delaware, I have looked it up and determined I will have to take a written and road test, which I'm not worried about. I'm wondering how long the license will be valid for? My I-94 expires march 30, so will they only issue it until then? I have my own vehicle here (gift from Father in law) so I can get around, and I've applied for EAD/AP so obviously if I get a job it will be beneficial to be able to drive. I was wondering how to get a valid license for longer than one month. I don't really feel like going through all the tests and paying for a license just to have it expire and have to pay to renew my license! 

Thanks in advance for any advice!

1 minute ago, Suss&Camm said:

 

Just wanted to note that i-129f - NOA1, NVC letter and G-325A for USC are not required.

I have read in multiple cases that while they are not required, they can be beneficial and avoid RFEs. In addition, I experienced no pain when I photocopied two extra sheets of paper and printed the G-325A for my husband that was already complete from when I filed the I-129F. 

You need all of that information. Below is a list of all of the information I submitted to accompany my I-485, I-131, and I-765. I included duplicates of some of the requested evidence (like the Biographical Data Page and my Marriage Certificate). This may not be necessary, but it may help to speed things up. In addition, I was advised by a fellow vjer to include 2 passport style photos for each application, so I sent a total of 6 photos as I had 3 applications.

·

·         Form I-485: Application to Register Permanent Residence or Adjust Status

o    Copy of Biographical Data Page from Passport

o    Copy of K-1 Visa, I-94, and Stamps from Passport

o    Electronic I-94 and Electronic Departure Record

o    Copy of I-797C, Notice of Action

o    Copy of I-797, Notice of Action, Approval Notice for I-129F Petition for Fiancée

o    Copy of NVC Letter

o    Copy of Birth Certificate and Birth Registration

o    Copy of Marriage Certificate

o    Passport Style Photos (2)

o    Completed G-325A

o    Completed G-325A for USC

·         DS-3025 Vaccination Record from K1 Visa

·         I-765: Application for Employment Authorization

o    Passport Style Photos (2)

o    Copy of I-94 Admission Record

o    Copy of NVC Letter from original I-129F Petition

o    Copy of Passport (Including Biographical Data, Stamps, and K1 Visa)

o    Copy of Marriage Certificate

·         I-131: Application for Advance Parole

o    Form I-131 Supplement

o    Passport Style Photos (2)

o    Copy of I-94 Admission Record

o    Copy of Passport (Including Biographical Data, Stamps, and K1 Visa)

o    Copy of Marriage Certificate

·

If she wants to change her last name to yours, use her last name on all the forms. The marriage certificate will act as proof of name change.

If she doesn't want to change her last name, obviously use her last name, but if she changes her mind later and wants to change her name it will cost a lot to replace her green card with her married last name later.

Yes! You can visit  

I was denied entry prior to applying for the K1 Visa, and every time I visited the US to see my fiancé I had to show evidence of ties to my country, generally I showed return travel plans, letter from employers and most recent pay stubs and that was enough.  I received my NOA2 at the beginning of October and went to visit my fiancé at the end of November. When I went to the border I took the same evidence I always took, my NOA2, and my letter that said when my interview was. If you don't have your interview yet, just take the NOA2. If it helps, tell the border official you are going to visit and get the documents together for your interview (financial support forms and evidence, for example). 

You shouldn't have any issues either way, and if you do get denied it will be sad but do not think it will effect the interview. I told the interviewer about my denial and he said it happens quite frequently.

Good luck!

I am Canadian and enter from Canada, but I have been denied entry to the US due to the inability to prove ties to my country. I was provided a list of paperwork at the time of refusal that I needed to have with me next time I attempted to enter the states.

The list is:

Evidence of Employment (pay stubs, employee ID, letter from employer)

Proof of Foreign Residence (rent receipts, copy of mortgage, utility bills)

Evidence of Financial Support

Evidence of Financial Assistance

Evidence of Education Ties

Utility Bills (phone, gas, electric, and insurance)

income Tax Return Forms for current and past year

Confirmed Return Date (airline tickets, train/bus tickets, must be date specific)

Sufficient Funds for Intended Trip

Contact name of People you are traveling to see in the US

Address/Phone number where you can be reached in the US. 

I copied this list directly from the paperwork provided to me by CBP when I was refused. Unfortunately, with this list, the best evidence for me was always my return trip booked and information from my employer. They told me when I was refused that they wanted all of it, but you want the strongest evidence not all of the evidence. You can take a chance and go without any evidence, but even coming as a Canadian I learned fast that it's not an open door. 

I hope everything works out for you, best of luck!

Hi VJers,

my father in law sent my AOS package to Chicago today, yay! However, he told me he would be using UPS and sent it via USPS instead. I put the address on the USCIS website for UPS post (131 South Dearborn, Floor 3) as opposed to USPS address. Does anyone know if this is going to be an issue? 

Thanks in advance for any thoughts!

7 hours ago, caliliving said:

Yes, DO NOT move anything before a valid visa!!! that is a sure flag way to get turned around at the border!!!

fill up those hockey bags I tell u! lol they are the best way to pack in a lot of stuff with the most surface area/lightest thing! or ship things.. and u can ALWAYS come back later for the rest (I lived at home with my parents so I still had a few things left there! mostly pictures, albums ect.)

Haha from experience it's not a good idea to move things before hand. We were driving and it's 4 hours to the border and we got turned around twice in the same day, and I went through secondary screening every time I visited after. 

I definitely agree with the hockey bags! My husband plays hockey so he brought two hockey bags that I was able to stuff clothes and shoes into. I also brought a regular suitcase for when I travel, so I had that too. If I was going by plane I would have just taken the hockey bags. If you have family in Canada still, ask if you can leave a couple boxes, it will definitely take some pressure off! 

Best of luck!! 

I think you may be right to think you might not make your wedding  hopefully you do! However, I received the same email as you after sending my Packet 3 (I sent it before I even received my packet 3). They responded with my Packet 4 two days later, so even if it says 8 weeks it likely will not take 8 weeks! You can resubmit the Packet 3, but your status on the CEAC website needs to say "Ready," the moment mine said ready I sent my packet 3. Once I received my Packet 4 I scheduled my medical and interview. I was lucky that I didn't wait for my Packet 3 because I received my packet 4 on November 4, immediately got on my computer and was able to get an interview December 21. There were two left that day, and had I not gotten one the next available interviews were the end of January. My interview was approved, administrative processing took a matter of hours the next day and it was mailed to me. I would have received it on December 24 had it not been the holidays. So even if you receive your Packet 4 this week, you'll probably end up with an interview the first or second week of March, and it usually takes 1-2 weeks to receive it in the mail. 

I hope everything works out okay for you!

I had my interview for my K1 in Montreal on December 21, I live in Ontario and my now husband lives in Delaware, about 11 1/2 hours away. We decided he would drive up and we would go together for the interview then return to my home, where he stayed to celebrate Christmas with my family. We were lucky that the processing and shipping took a week (which would have been shorter if it weren't for postal services being stopped over the holidays! So we received my visa on December 28. His Dad is extremely supportive and was excited for my move so he and my brother-in-law drove up on December 30 for the night. We loaded all of my belongings into my husband's car and my father-in-laws truck, including furniture. It was like playing tetris to get everything to fit! But we did it. I have a few belongings left in Canada that either I will get when I visit or my parents will bring when they visit. That was the easiest and cheapest way we could move everything. With that being said my husband and I got our home last summer, I brought down a chest of drawers and kitchen stuff earlier. So in all we had three vehicles filled with belongings. Be careful moving belongings prior to receiving her K1, I did once successfully but upon trying a second time I was denied entry. We drove back through a snow storm and the drive took 15 hours, but it was still worth it, so if you can do it that way, I would recommend it!

Hey VJers,

I arrived in the States on my K1 on December 31 and applied for a SSN the second week of January, I married my husband on January 20 and have all of my forms ready, I just need to print my documents. My concern is that I haven't received my SSN yet, they said it could take four weeks (which would be next week) but I had difficulty applying for it because the DHS entered my name incorrectly in the system so it may take longer. I was wondering if it will be an issue if I leave the SSN portion of my forms blank, because I have applied for it and one was possibly issued but hasn't arrived yet? I just don't want them to look me up and find out I have an SSN two months from now when they are reviewing my paperwork when I left it blank... I can attach the receipt from when I applied for the SSN, but I don't want it to become an issue down the road! I want this to be as easy as possible!

Thanks in advance!

For my answer to question 34.A I wrote "see attached statement" in the space provided on the I-129F, and my statement was two and a half pages long. I wrote about how we met, all of our visits prior to applying for our K-1, getting engaged, and how we had visits already planned for the future up until the K-1 was issued. When I was choosing evidence of our relationship, I included all of the evidence that matched with the story. For example, I mentioned going on vacation to a beach in the States and playing rooftop mini-putt, I attached a photo we took at the mini-putt course and the scorecard from our game; I mentioned going out for dinner and down to the Falls at Niagara Falls on NYE where we got engaged and attached our dinner reservation, hotel reservation, tickets from the attractions we visited while there, and a photo of us by the Falls after getting engaged. With that being said, I chose the best evidence and not all of it, and I didn't include all of the sappy details in my statement but kept it factual! Good luck!!

11 hours ago, goodlulck52 said:

So before receiving green card, only international travel and working require special permissions Specifically,

 

To work: you need EAD

To travel abroad, you need AP

To study: you do not need any permit

To buy a house: you do not need any permit

To buy stock/invest: you do not need any permit

To buy a car: you do not need any permit, but you need a driver's licence to drive

...

 

VJers, please correct me if I am wrong. Thanks.

 

This was my understanding but I wanted to be sure. I was talking to a school who told me I needed to show proof I was able to study so I didn't know if my conditional green card and work authorization would be enough. Thank you!

You may get an RFE for forgetting to fill in the bold box at the bottom and the Chinese part because they do ask everything be translated. However, I had a couple minor errors (my fiances Mothers name was misspelt, Fathers place of birth was incorrect, and two dates for his recent employment were incorrect) and I didn't get an RFE. The only reason I thought they may notice his Fathers date of birth being incorrect is because he later submitted documents along with an affidavit of support for us. I also had my passport photos cut to Canadian standards and not to American, so I had it cut after already writing on the back of it. They didn't seem to mind the scratched out writing either. 

It is stressful waiting to see if you get an RFE, and unfortunately they pick and chose which cases get them for mistakes and which don't so it is hard to say if you will receive one. All you can do is wait, hopefully it isn't long. Mine took about a month and a half to be approved and I worried the entire time. My best advice would be to try to stop thinking of every reason you may get an RFE. Best of luck!