martin bk

2 hours ago, marcusa said:

As both US and UK citizen, do you pay dual income tax because of the dual citizenship ?

It’s my understanding you only pay tax in the uk for any work you’re paid for  while working and employed in the uk. 

The USA taxes world wide income but I think their is an agreement if your working in the uk so you don’t get taxed twice, but you still have to do your tax return in the USA. 

But I haven’t got to that point yet so someone else may have more information. 

Nope, same paperowrk. 

Do you have different phones, iPhone against an android device ? 

I think The app for Android has more options than it gives you on an iPhone. 

4 hours ago, Marley_09 said:

Congrats! Did you get the letter in the mail yet or just the e-mail? If the letter, can you tell me how long it took after you got the e-mail? You can't really continue the process till you get the letter... Thanks!

We got the letter, 275 days it took. 

27 minutes ago, Amisharjil said:

Hi There when did you file?

Sent on dec 23rd 2016 

9 minutes ago, Mrs Prestige said:

Congratulations.  Happy for u

Thank you. 

9 minutes ago, Mrs Prestige said:

Congratulations.  Happy for u

Thank you. 

Finally. 

Thank you Nebraska. A few days early for our anniversary, but I will take it. 

NOA2 received. 

Priority date 12/27/2016. 

4 hours ago, phoenix2017 said:

Thanks for your reply. But I am already in the States right now... does that mean I have to go back to my home country to wait for a year (CR1) before I can come back? 

Yes, you can marry and AOS - adjust status. 

And stay in the US. 

2 hours ago, Leeannejayson said:

Does it mean you have to start from the beginning ? We just got noa2 literally last night 😁 How many days were you there before you sent the paperwork.?  

Congrats on the NOA2. 

As far as I know it sets us back to the beginning, it was something we talked about, but 9 months in and still nothing on the CR1 even if it was approved it’s still at least a further 5 months - NVC can take upto 11 weeks plus sending it to the embassy doing the medical. Etc. So we figured it was a mute point. We still have to wait but we get to wait together. 

 my I-94 runs out tomorrow so I guess I was here 83 days before submitting the paperwork. 

On 20/09/2017 at 7:57 AM, Leeannejayson said:

Woweeeeeee that's exciting... but also nerve wracking with people going on about the new apparent aos rule.... wishing you well and I'm glad you have no more separation 😍 x Yes let me know how you get on... 

So we sent off the paperwork for AOS last Wednesday and today uscis cashed the check and texted me two receipt notices EAD and AOS, so now I’m waiting for the official NOA1 to come in the post. 

Youre right it’s exciting and nerve wracking. 

I was so worried I would go into overstay without having an AOS application being processed. 

38 minutes ago, f f said:

I would disagree here

 

by allowing people to adjust status in country it allows them to avoid having to get police certificates from the places they have lived. since the i485 does not require them but a spouse or fiance visa does. so in effect it removes a level of security from the process.

 

and the argument that because they commit fraud out there means we can commit it in here is crazy we should not stand for fraud to be committed in either place. and if that means having a usc be inconvenienced for the same amount of time a usc spouse who is doing it legally then good.

I just sent my AOS off and I had to include a police certificate.

9 hours ago, Leeannejayson said:

Curious to your case... how do you aos when you already started cr-1. Do you have to wait for your noa2 approval first?? Have you informed uscis about your change?? 

 

We finally agreed to try it. So I will let you know what happens, we basically sent the AOS paperwork,  On the I-485 it asks for a current petition/case that is already pending. 

In the instructions is said we could include the NOA2 for our I-130 or send with it pending. 

To be honest I have no idea how we are supposed to do it. I guess the new petition is our way of telling USCIS that we are changing. 

20 hours ago, mckirdy89 said:

Hi All,

 

I am about to begin the process of applying for my Green card. I have been married to my wife for nearly 4 years, she is a US citizen but for the duration of our marriage we have lived outside of the US.

 

In August of this year she gained employment in the US. Initially we thought the contract was only for a few months, but it has since been extended. I planned on visiting as a tourist for as long as my ESTA would allow before returning back to the UK (I am a British citizen). After arriving and spending a short amount of time here we have decided it would be much better if I stay and are therefore beginning the process of obtaining my green card, through AOS and forms I-485 and I-130.

 

My question is this: Will USCIS take issue with the fact that I entered as a tourist and have since changed my mind? I am worried that they will think that I entered until false intentions, especially given that my class of admission on my i-94 is WT.

 

Would really appreciate hearing from anyone who has been in or has knowledge of my situation, as most of the searches I have carried out on here show results where the alien arrived as a tourist and THEN got married here in the US.

 

Thanks in advance for clearing this up for me

Very similar situation to me, married to a USC and came over for holiday from the uk while waiting for my CR1 visa (260 days and counting for the NOA2) 

my husband is trying to

convince me to AOS while here. - he already convinced me to stay longer than originally planned, but still within the 90 days allowed on the VWP (ESTA)

I believe intent is determined at POE but if it goes wrong you have no appeal and the overstay will go against you and you won't be able to visit on an the ESTA (WT - visa waiver programme) on future visits. 

Thanks for this, I came over for a holiday (10days) on the VWP and my husband convinced me to stay the 90 days - currently 260 days in to the CR1 process and still waiting for the NOA2 from

Nebraska. 

The husband is trying to convince me that we should go the AOS route since I'm here, but I'm worried since I came here on the VWP that it's going to go horribly wrong. 

Your review has given me more information, still have 10 days to decide if I'm going back to the U.K. Or posting the forms. 

2 hours ago, Alexis9294 said:

Oh ok, well I'm glad you had a smooth experience. I've heard mixed reviews; some people say if they don't ask, don't tell (about pending petition) while others say it's better to tell them about it upfront because if they feel that you withheld that information it's not good. So I don't know...but thanks for answering my questions. I appreciate it!

Just answer the question truthfully, I said I was visiting family and friends, both true statements if he'd asked what family I had here I would have answered my husband. The key is always be truthful but never volunteer information that could lead to all sorts of questions and if the officer isn't happy with the response you could find yourself on your way back. 

It probably helps I've visited a few times - and never overstayed. 

As for withholding information, you don't have to tell the officer your doing the I-130 but if he asks you must answer all questions honestly. As long as you don't out right lie nothing will come of it. 

Your husband should be fine, remember you're not doing anything illegal - you are allowed to visit your spouse. 

4 minutes ago, Alexis9294 said:

Thank you for sharing. Did you tell the officer that you had a pending I-130? And what was your Port of entry? 

I flew into salt lake, he never asked about th I-130 I said I was visiting friends and family, he asked me what I was going to do while here and that was it, stamped my  passport and wished me a pleasant trip. 

2 hours ago, Alexis9294 said:

Thanks so much for the information and congratulations on being able to go to the U.S.! My husband is British and he can enter under the visa waiver program so I'm sure it's a bit different. Instead of having to get a visa approved he just needs to apply for an ESTA online (and be approved) prior to flying to the U.S. but the problem is that we've been told it's up to the officers discretion...

 

Has anyone had their spouse enter the U.S. on an ESTA with a pending I-130? If so, can you please share your experience? My husband will have documents from his job, lease (rental agreement), return ticket, etc., to show that he doesn't intend to stay. Is this sufficient? 

I came over to visit in June for 90 days on my esta. No issues with immigration, but yes it is upto the officers discretion 

sorry I'm not much help, But I was through immigration in less than 5 mins. He didn't ask me anything about my husband. Just told me to enjoy my trip. 

2 hours ago, TheWaiting said:

If you go back to my post on the same page, I've mentioned my PD along with my service center. I don't see how that falls under your category of unfairness. Also if you don't want to give information your free not to, I haven't gotten any answers from you, but thanks anyway. 

By filling out your timeline it helps give other people a more accurate prediction. 

It really does help, and takes no time. 

On 18/07/2017 at 8:28 AM, Mollie09 said:

 

It doesn't matter since the applications will be separate.

Good luck

So do I just fill in the I-485 and the I-765 or do we also have to resend the I -130 

or do I use the receipt number on the  NOA1 we got for  I-130 we sent for

the CR1 visa in part 2 question 3 (receipt number for underlying petition - if any)

I still haven't decided if AOS is something we will do, whilst my husband is keen for me to stay (so am I) I'm also worried that I will loose my ability to use the VWP to visit if it all goes horribly wrong. 

But I also don't want to go out of status if we decide to adjust, and the countdown to September 22nd (the day my flight is booked back to the uk) is getting closer, with my current I 94 running out soon after. 

9 hours ago, Wuozopo said:

Things to consider

 

Do you have a job in the U.K.? Go home and save up some money?

 

If something should go awry with your AOS application, there is no appeal. You signed off on any appeal by using VWP. You would have to go back.

I work in a family business, so

my job is secure and waiting for me if I return, as for savings money, yes my savings will run out but I am able to access more if needed, I'm hoping not too as the pound to dollar isn't as strong at the minute. 

As for things going awry, I have no guarantee my CR1 visa will be processed with out any issues - I don't have a criminal record, never been involved with drugs so whilst it looks good I'd rather not count my chickens before I have the visa in hand. 

If I do decide to stay and AOS what is the procedure, do I need to file before my NOA2 or wait, and I know we will have extra costs involved but weighed against travelling to London (twice, for the medical and the interview) as well as paying for the medical and then flights back to the USA, the overall costs will be the same. 

My main question is, is it possible but with people saying yes and no it's hard to decide. 

I don't want to be paying for a lawyer if it's a simple case of just sending another form. 

And will the overstay be forgiven if the AOS is being processed. 

Sorry,  like I said I'm prepared for the CR1 but have no idea on this procedure. 

Thanks for the responses, we are two guys, (I've been called a lot worse than wife so it's fine) not that it makes any difference to the immigration process. 

I know the money we spent on the CR1 will be lost, but if we can stay together, how much would you be willing to pay to be with your spouse. 

And I know I can't work while we wait for the EAD, but I can't work in the US until the visa is processed, so the only difference I can see is if we wait in separate countries or wait together, which is what we are now confused about. 

I had no intention of staying, and my savings are going to run out long before this process is finished, we are just wanting to know if it's possible, but with so many people saying different things it's hard to make the right decision. 

I do know that if I can, I would rather start AOS and spend the time together and actually start living our lives together. 

But I'm also prepared to go back and wait for the CR1 to complete. 

Just so confused about the whole thing. 

If this is in the wrong place, mods feel free to move. And sorry. 

So I married my husband in October, (he's a United States Citizen)  I came over on an ESTA (I'm from the UK) for three weeks and my then bf asked me to marry him - unplanned and I wasn't expecting it. 

I know we could have done AOS then but because it happened so quick I wasn't able to stay the possible three months while we waited for AP and everything else, so I returned home and we started the CR1 process. 

Fast forward  9 months and I'm here on holiday, I had planned on staying 10 days but my husband convinced me to stay longer which I am doing, with a new return ticket booked for September (staying 85 days out of the possible 90 as I didn't want to risk an overstay) 

Our case is still with the USCIS and we should get our NOA2 sometime in August, my question is this is it possible to stay and do AOS since I'm here in the USA and if so what do we do ? 

I've seen other people adjust but since we planned on the CR1 route I have no idea what forms and what costs are involved I am also happy to return and complete the visa in the manner that we started, but both myself and my husband would rather stay together and finish this journey if possible. 

Thank you for any help - advice you give us. 

Congrats to everyone that has got the NOA 2

i got into the states on Friday, border control was fine and I had no issues, even tho I was so nervous about coming over. 

Looking forward to spending the 4th with my husband. 

Doesn't look like we will get our approval while I'm here, Nebraska seems to have slowed down again. 

But the main thing is I get to spend some quality time with him. 

41 minutes ago, Yeonin said:

hey love! hope you're doing well, besides the nonsense timeline prediction. Mine still gives out June 18th-June 23th pretty accurate within the 5 months time span, but offcourse they're not fooling me. But looking at Feb filers there's one account that has filled in their Noa 2 with the same date as sent and noa1 received, I was waiting for it to screw up the timelines. Have a blessed sunday.

Our estimate has jumped from July 12 to July 29th - 10 August, Just when it looked like Nebraska was starting to move its slowed right down again  still on the bright side we haven't had an RFE or been denied so a little longer after nearly 6 months isn't that bad plus I fly out on the 30th for 10 days so all is good,

Hope everyone is having a good weekend