JayMar2019

14 minutes ago, jean baptiste said:

ok guys i have none of those yet but congratulation it's a good starting. i know there have been these discussions here before but i'm not sure to catch the ending  what are we after our visa expires

illegal?

out of status?

or averstay accumulator? i'm asking because i know for some reason it can act against us if we later try the citizenship 

As long as you filed your AOS paperwork before your I-94 expires you are NOT out of status. Your status is pending because you're waiting to adjust. If you file after your I-94 expires, you are out of status. 

10 minutes ago, Joselio said:

our check was cashed yesterday morning and last night I received 3 e mails from USCIS notifying me that they received the applications, I'm assuming is one for each of the applications (I-485, EAD a,d AP),

Yes, each one of them was for each application you applied for. So, I guess I will received our email/text notifications later on this evening too!!!!!

The official waiting clock begins!!!!!

Morning everyone....just woke up and saw that USCIS has cashed/deposited our check which means they've accepted our filing. I'm sure I'll receive our text and email sometime today and NOA1 in the next few days. So it looks like it's taking a week from filing date for the to accept petitions. 

1 minute ago, NateAndJessica said:

Finally Married!!! Mr. and Mrs. Fredell!  August 13th 😍😍😍😍😍😍😍😍

Awwwwwwwwwwww.....you guys look so beautiful and happy!!!! Congratulations to you both!!!!!!

1 hour ago, jean baptiste said:

remenber to trust GOD please don't failed on that.

 

please if no one have the answer of my questions regarding the affidavit of support please say no answer because i still expecting an answer to complete the form and sent out. i have been doing some more reading and i find out that child under 14 don't need a seperate form i 864 but i have to make sure the kid is listed in section 9 of the form. can someone confirm or denied this to me and so if i need a separate affidavit for my kid i can move forward?

 

I would recommend that you read the Affidavit of Support instructions thoroughly so that you can get the right and correct answer to your question. Or start a topic under the AOS forum so you can get an answer from someone who has better experience to answer it for you.

1 hour ago, InnocentLove said:

Thanks! I had to remind myself. After my now husband got here, I became gravely ill. I had multiple surgeries within a period of 3 weeks, was hospitalized for two weeks, and recovering for the past few months...with no income. So I sent everything off much later than expected, and his visa will expire (the actual expiration date on the visa, not the I-94). So it’s all a bit unnverving, but I have to remember to trust God with all of this just like before when it seemed like nothing was happening. Thanks again!☺️

But as long as they accept his AOS filing, he will be fine. The K1 visa was no longer valid after he used it for entry so don't worry about that - the I-94 is what he has proof of his current status. Once you get your NOA1 then you don't have to worry about the I-94 anymore. Either way, you are with your husband and you two are finally together. The first hard battle was won after he got here. Be patient and relax!!!!

4 minutes ago, InnocentLove said:

My AOS package was received at the lock box on 8/5, and still no NOA 1. 😣 This process has me feeling the same anxiety as with the K1 visa.  Anyone else still waiting on NOA 1 that sent off around 8/3? I did send the e-notification form as well. 

If you haven't learned already from the K1 visa process, you have to relax and be patient. Your package was received on a Sunday and your package is not the only package they received over the weekend. It takes at least 10 business days to receive your NOA1 at this point. If you sent a personal check with your package, then I would check your bank account to see when the check has been deposited/cashed. Once that happens, that means they've accepted the petition and soon after that you will receive the hardcopy NOA1.

Relax and breathe...and be patient!!!

17 hours ago, jean baptiste said:

thx you but in my case i have my daughter so are we right checking the second following box as well?

The first box is what you're checking because the principal applicant that you're sponsoring is your daughter. If you were checking off the second box that would mean you sponsor her and her child or children, if she had any for you to sponsor. 

Read the instructions that come with this form regarding how to properly answer this question. 

3 hours ago, dynesyzygy24 said:

 

Good to know, thanks a lot 🙂

 

does anyone here have tried going to Social Security Office to change name? I’m  in California and I don’t if I needed to wait for the combo card to get state id and Driver’s license 

2 hours ago, dynesyzygy24 said:

 

I do have SSN with my maiden name and I didn't ask for new SSN in the forms... so basically I can't do anything now before the I get the EAD  I read somewhere that after they got the NOA1 and biometrics they were able to change it or get state ID , just not sure if this applies to all.

At this point, you need to wait until get your EAD. Before applying for AOS, you have your SSN with your maiden name which most likely verbiage was printed saying that this card does not give authorization for work or something in that form. SSA required you I-94 and passport in order to issue you your SSN. You can "try" when you get your NOA1 but the SSA is a federal agency and I doubt they would change your name with just your NOA1 because to them, the NOA1 only confirms you have a pending immigration status and that you haven't become approved for permanent resident yet. If you checked yes on your EAD that you want them to issue you a SSN#, then you will get another Social Security card sent to you with an updated issued date on it (most likely with your married name on it) and the SSN# will remain the same.

Regarding your State ID/DL - while it does vary from state to state, typically you can get a State ID but it will be due to expire on the same date as your I-94. My husband wanted a State ID and when we went to DMV they advised that it would only be valid until the same date as his I-94 and once he get his EAD/AP or GC (whichever comes first), he can get his State ID and/or DL which the expiration date would be for 10 years.

FedEx Tracker confirms our AOS package was delivered and signed for at 10:25am this morning. Next up is check being cashed and NOA1 text/email notification!!!!

4 hours ago, C.&A. said:

hi, newbie here  HELP. we just sent our AOS form + EWP and AP. we forgot to include his paystub coz it doesn't show on the requirement/guidelines. will that be ok? we submit his tax transcript and w2 for the last 3 years tho. 2015, 2016, 2017. forgot the Cert of Employment too. lol

 

It will depend on the officer reviewing your case if they need additional evidence or proof that you making over the poverty levels. In the instructions it does say to provide at least 6 months of paystubs, most recent tax year return or transcript and employment verification letter.  Paystubs and employment verification letter shows current proof that you make over the poverty level. At this point, you will have to wait and see if the case officer requests for you to send it in or if it they will wait and request for you to bring it to the interview.

14 hours ago, Unshakable Faith said:

No one gave my husband (fiance at the time) a DS-3025 at POE.  He gave them the envelope and he walked away empty handed except for his passport.

The clinic where he received his medical gave him a booklet with shot records, so we sent copies of that instead. 

 

I hope we didn't set ourselves up for an RFE!

The DS-3025 is not given at POE, it's given at the medical exam. The form list all the vaccinations/immunizations received and the dates they were received. The full, detailed medical exam report was in the manila envelope that your husband gave customs during POE. What the clinic gave him during his medical would be equivalent to the DS-3025.

Well, I just sent off my husband's AOS/EAD/AP Packet via FedEx, so will be arriving to Chicago, IL tomorrow!!!! Phase 2 of dealing with USCIS officially begins today!!! I see my wine shelves being restocked again!!!

Officially an August AOS filer now!!!! Let the waiting and nonsense begin!!!

Just now, ababsurd said:

Yes, but it has no consequence on the N-400 filing as you previously stated

Never said "consequence". But the clock starts and adds up when if a foreign person is considered out of status for long periods of time.

Just now, ababsurd said:

Sec. 319. [8 U.S.C. 1430] 

(a) Any person whose spouse is a citizen of the United States, 1/ or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse 1/ (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.

 

The "continuous residence" condition only starts when you qualify as a LPR, so after obtaining the Green Card. I doubt it has anything to do with the gap between your K-1 expiration and the AOS filing. 

See comment above yours in regards to gap between K1 and AOS filing. After I-94 expires, if the AOS is not file prior to this expiration, the foreign spouses starts to accrue "out of status" time. K1 is no longer valid once the beneficiary comes into the US...the I-94 takes the place until that expires.

12 minutes ago, ababsurd said:

I've never heard anything like that before. How could it affect the N-400 application if the one condition of the K-1 Visa (marriage with the USC petitioner within 90 days) was respected? Could you point out an official source that states it?

On the k1, you don't become considered "out of status" until your I-94 expires (provided you married before your 90 days of being in the US). Once you enter the US using the K1, the K1 is "null and void" and the I-94 takes the place to show your current status in the US. After you marry, you then file for the AOS. Some people don't file right away or even file after their I-94 expires, which is fine, but after that expiration date, the foreign spouse starts to accrue "out of status" time. However, once your file your AOS, you are still in good status even after your I-94 expires, for as long as your AOS is pending until you are approved for your GC.

That is why our foreign spouses will be able to apply for the US citizenship (naturalization) by the 3rd year of being a permanent resident. Depending on the backlog, many people file the "removing conditions" from their 2 year GC at the same time as the applying for naturalization because depending on your time in the country, each process takes months (if not a year) to get.

7 minutes ago, ababsurd said:

I've never heard anything like that before. How could it affect the N-400 application if the one condition of the K-1 Visa (marriage with the USC petitioner within 90 days) was respected? Could you point out an official source that states it?

Anytime you are "out of status" you start to accrue out of status time. One of the requirements in order to Naturalized is you have to maintain "continuous residence" and "physical residence" in the US more than 180 per year (i.e. 6 months). When you apply to Naturalize, USCIS will take account of all your time in the US to make sure you have been a permanent residence in the US and have "continuous" residence in the US.

It's in the Naturalization instructions or pamphlet on their website.

https://www.uscis.gov/n-400

click on the link this too: https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/continuous-residence-and-physical-presence-requirements-naturalization

4 minutes ago, D&Jmora said:

Our problem is that I dont have insurance until Sept either... we were living together in Colombia so I just got back the the US too. It's been rough getting reestablished even for me haha...I feel like an immigrant too! I think I'll feel more comfortable waiting until Sept...but his I-94 expires on sept 11th, although that doesn't matter, right?

As long as you file his AOS before your I-94 expires, you're fine. After his expiration date and with no AOS pending, he will start to accrue out of status time which counts later if he chooses to become a US Citizen in 3 years.

15 minutes ago, D&Jmora said:

Buffalo, NY...and yeah the same is happening here! I think I may just wait until September when my insurance kicks in...we will lose a month but also be sure that everything is completely done. What do you think?

1 minute ago, jean baptiste said:

  hummmm it's going to be one more month for you then.

before i arrived here i the US my wife have tried to put me on her insurance since she is working in an university hospital as physician but it wasn't valid until we got married and even for my extra vaccine we pay out of pocket before running after the human resources there at work to complete the insurance stuff thankfully we got to be paid back for all the expenses. can you ask them at your insurance if you can be rembursed for the expenses once it kicked in ?

I was able to add my husband as soon as we got married and my insurance retro his coverage starting the date of our marriage which was July 22nd. He was added on July 25th. Since it is a life event, most employers allow you to add your spouse and child as soon as the life event takes effect. All I had to do was submit a copy of our marriage license and that's it. His insurance cards came in the mail on Monday.

2 minutes ago, D&Jmora said:

Hello everyone! Technically I'm not an August filer yet...hoping to be! But I have a HUGE doubt maybe some of you could help me out with. 

 

I asked this question in a different thread and got a few answers, but the others who chimed in told me to double and triple check, so I will.

 

My husband does not have a complete ds-3025 and needs a vaccine to have those records up to date, but the civil surgeons in my area insist on doing the complete medical (even though it's not necesarry). We won't have insurance until Sept so getting the extra tests will be a fortune. In the other thread I was advised to send the AOS packet without I-693 to begin the process and will receive a reminder with NOA 1 to bring updated records to the interview. Anyone know anything about this?

 

Any responses are appreciated! Thanks!

I would send in the DS-3025 that your husband received during his medical to show that he did have a full and completed medical exam. When you received your interview letter, it will list all that is required for you to bring with you to the interview which then be the I-693 from the civil surgeon with the update vaccinations required by the US.

29 minutes ago, ababsurd said:

Have you guys included any proof of bona fide relationship in your packets? I understand it's not a requirement, but I figured it wouldn't hurt. I enclosed two photos from our marriage and a copy of our most recent utility bill (addressed to both).

 

No, I'm not enclosing any proof of ongoing marriage.

Just now, jean baptiste said:

YEST I GOT YYOU. HERE IS THE THING i'm the k1 holder and my daughter is k2 but yes i'm just filling the AOS FOR HER she's not filling for EAD nor AP

Ohhhhhh....I understand now..lol.

The form is the same but certain proof of evidence might be a little different than what you see on my checklist. Either way, make sure to read the instructions for each form and what is required for proof. the instructions can be found on the uscis.gov site for each form.

3 minutes ago, jean baptiste said:

OK thx for the answer. yesterday i was like dead when i figured out how much it's going to cost for my daughter and i what a crazy procces

are you filing for your daughter or for your spouse?

if filing for your daughter, my checklist may not have all that you are looking for and therefore, some of the proof might be slightly different. Either way, make sure to read the instructions for each form and what is required for proof. the instructions can be found on the uscis.gov site for each form.

1 minute ago, jean baptiste said:

hi sir if we're sending everything together along with the l 485 do we still need to send the proof or required documentation for each separately?

i'm asking because i'll be sending all together AOS, EAD, AP. THX IN ADVANCE

If you scroll up, you will see the checklist I provided for each form. But to answer your question....yes, you have to send proof of what is required for each form. You can put the whole packet together but each form has it's own proof/evidence requirements.