baniners

Hi everyone,

So my husband just got his conditional green card after us being married over a year. The notice that came with it says to lift the conditions 90 days before the green card expiration date (in 2020), but on the USCIS website it says to submit it 90 days before the 2nd year marriage anniversary, which would be in about 6 months. Based on what I'm seeing online, it sounds like the marriage anniversary, but I wanted to make sure they're not going to reject it or something if I send it in too early.

Thanks everyone! We actually got the approval notice last week, and the physical green card came in yesterday. I guess that means we won't need to apply for a renewal after all!

11 minutes ago, geowrian said:

Was the I-485 actually approved and you're just waiting for the physical card to arrive? Or did you interview and they haven't formally approved it yet (not just stated approved at the interview)?

 

The reason I ask is because if the I-485 was approved then you are an LPR already and therefore don't qualify for an EAD. You would need an I-551 stamp instead.

The interview took place, however it was not officially approved. The officer took a picture ID and fingerprints and said they will run a background check, and if nothing comes up we should receive the physical card in the mail. Will they update the myUSCIS case status if it is approved? Would they send a letter of approval first?

Hi everyone,

So a few months ago I was preparing to file the renewal application for my husband's EAD/AP card, and right when I was about to mail it in we got our notice for the green card interview. For some reason I hadn't thought of the wait time between the interview and receiving the green card, so I didn't bother to work on the renewal anymore, since I thought he would probably get his card soon.

It has been a month since the interview now and I just realized that the wait may be longer than I expected. I don't know why I thought it would arrive sooner rather than later (probably a little too optimistic about the interview). The EAD expires mid January and I'm not sure if I should just try to wait it out for the GC or just apply for the renewal. 

Thoughts?

@MariekeH Unfortunately I don't have anyone else who can check the mail for me, but knowing that it is around 4 weeks gives me a peace of mind. Thanks so much!

I'm just wondering, for those who received your interview letters in the mail--how many days notice did it give you for your appointment? My husband and I are going away for two weeks, and hopefully we don't get a notice that comes in that says we have an appointment before we come back!

I also forgot how I get to the timelines page where it shows everyone's date received EAD, received appointment, etc.. I'm wondering (for NYC filers) how long is the wait to receive an interview letter? My online status has of 1/9/18 has said:

As of January 9, 2018, we are ready to schedule your Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number MSCxxxx, for an interview. We will schedule your interview and send you a notice. 

It has not changed for 3 months now..wondering what is the processing time for this office. I also signed up for USPS delivery notice so I can make sure I don't miss anything. Should I call them?

On 2/12/2018 at 11:24 AM, Wuozopo said:

1. My question is on the exclusion... where they ask if you were a resident for the entire tax year (Jan 1 - Dec31) he would put "No" because he left in October?

Do not confuse immigration status with status for tax purposes. When you opt to treat the immigrant as a resident for tax purposes (statement you  both sign), then for TurboTax he answers each question as a resident alien. YES he was a resident the entire year (for tax purposes). 

 

2. You can file MFS and your spouse file nothing because he had no US income. It will not affect your greencard interview. It is easier MFS. 

BUT you will likely pay less taxes (or bigger refund) by filing jointly and taking the income exclusion for your spouse. Why less? Because you add an exemption and standard deduction for your spouse which lowers your taxable income and the tax that would be owed on his reported foreign income is eliminated. 

So is paying less tax worth the hassle? You decide. 

You're right that I am getting really confused lol. So regardless of whether or not he was in the US or not for xx amount of days, we will still put that he was a full resident? is what you are saying.

So if I can file MFS and he's not obligated to file because he had no US income, then I think I'll just go with MFS in the end, I'll just get a smaller refund which I am fine with lol.  I don't want to risk something messing up and end up having to owe $6000+ in taxes.

Thanks so much! that was very helpful!

8 minutes ago, stm said:

I just filed taxes with my wife for 2017 on turbo tax and was accepted.

I agree there things on turbo tax a little confusing about exemptions. I read the official files about exemptions and I find it more easier. Go look at the document for exemptions and it's instructins.

For me I don't meet the substantial presence and no green card. I came in November 2017.

So what I did is I filed with her I used turbo tax and the free version. I don't have money abroad...so she just filed jointly (you can do that on TurboTax) and added her w-2 only ..for me I just entered required information. Took us one day and no fee :v

And they send us that documents were accepted by irs and state also.

Just now, stm said:

For u u will need to pay TurboTax fee to upgrade so u can get to enter info his money abroad and that complicated stuff that I don't have.

The issue was for me is I don't have health coverage...I can help at that point and tell u what I did ..about foreign account and money abroad, there is a document to file , I remember I read about it but it didn't apply to me at the end so I just neglect it..

Something to know, for me I have an exemption for health coverage because I am not resident alien and married to us citizen and we are filing jointly and also because I didn't have a Continuous gap of 3 month non insured, so when I went on TurboTax there is a box to check saying I am not legal us citizen it will give an exemption for health coverage for all the year and fill the adequate form for u.(i forgot what is the form number).

So basing on ur entries TurboTax chooses the forms and fill them for u and show u at the end everything before u file..but I recommend that u read more about instructions because there things confusing about exemptions of health coverage and I chose what I think it is the best..but they accepted all so I a. Fine..we are waiting for the 💰

Ahh, I see. I think having no income abroad makes it a lot easier. When I entered his income on Turbo Tax they said I would need to print out my return and fill out a form that they do not provide.   and it said that I would owe taxes even though he will pay his taxes to the Canadian government, and it looks like we don't qualify for the exemption as well. It's very frustrating.

I've tried looking at several threads but the whole thing is so confusing ;; sorry, if anyone can help me out it would be AMAZING.

My then-fiance entered the US on 10/22/17, and we got married on 10/30/17. His EAD/SSN arrived around 1/21/18. Interview has not been given a date yet. He has not worked since entering the US but he did have income in Canada before he moved here. He plans to have his accountant file his taxes for Canada.

I see that most people suggest MFJ, and I understand that there is no e-filing for that, so I would just have to mail it in, but I did try it on TurboTax before and it was maaad confusing, so I have a couple questions..

1. MFJ as I understand requires you to report world wide income and treats your spouse as a US Resident for the entire tax year? And with that I read that you need to attach a statement as well as a foreign income exclusion form. My question is on the exclusion... where they ask if you were a resident for the entire tax year (Jan 1 - Dec31) he would put "No" because he left in October? He also would not pass the physical presence test because he was in Canada for ~290 days out of the 330 days required to pass that test. Because of those, he would not be able to qualify for the exemption.. and according to turbo tax that's over $6000 in taxes due. 

2. MFS - I see that people generally don't recommend it, but I'm not sure why. If I file as MFS, I can still get a return. My husband obviously had no U.S. income in 2017, would he still need to file? And would MFS cause any issues for the Green Card interview? To me, MFS looks much less of a hassel, but if someone has a similar experience, could you tell me how you handled it?

Thank you so much!!

I'm having a bit of trouble figuring this out.

Both my fiance's parents were born in HK, but they moved to Canada before he was born. Does he have permanent residency in HK then?

I found this on the HK immigration website:

(c)
A person of Chinese nationality born outside Hong Kong before or after the establishment of the HKSAR to a parent who, at the time of birth of that person, was a Chinese citizen falling within category (a) or (b).

He's Chinese descent, but nationality is Canadian, correct? He spent 4~5 years of his childhood in HK and doesn't have any government issued IDs, so I'm not sure if he would be considered a PR or not in HK.

Thank you!

For the DS-160, Personal 2 "National Identification Number" , does Canada have one? Is it the social insurance number? The only answer I could find was back in 2011, which said to check off Does Not Apply. I just wanted to confirm that. 

Thanks!

Just now, tomohime said:

Probably being a bit paranoid, but did you put N/A in all boxes, or for example, just in "Family Name" of Child 1?

I put it in the Family Name area, not the entire section, haha. But you know where they give you a couple extra spaces in case you have more than one child/dependent, I put N/A for all of those on the family name. 

Regarding the N/As - I know I'm probably overthinking a lot but the instructions did say to put either N/A or None if stated, on items that do not apply to you. I'm just wondering if it's better to do too much than too little. Hoping someone who's done the new version of the i-134 can share their experiences.

For example for Part 1 2a, "Other Names Used" I put N/A, for Part 2 9a, 12, (Beneficiary's Spouse/Children) I also put N/A - really just things like that. As well as the part for the interpreter and preparer's names I put N/A as well. Just hoping that will be okay.

Regarding assets, I really just have a checking and savings. I don't own anything else, so from Part 3 5-9a (after stating my income and balances), everything is a zero. Is that common, I'm wondering? 

My birth certificate was only one sided, but I gave them a copy of both front and back (blank page) and just wrote lightly in pencil, "back of birth certificate" - our petition got approved, still. 

I was under the impression that Part 3 22a. was asking whether or not I have submitted an I-134 or I-864 for anyone else before.

For Part 3 26a, it seems like it's asking who I've submitted a visa petition for. In my case, because I submitted the I-129F petition I put my fiance's name, at least I hope that's what it means.

I also used Facebook's message logs! What I did is I copied an area that I wanted, then pasted into Word. It kept all the formatting and colors. Then you can just adjust the font size and layout. Hope that helps!

On 5/14/2017 at 2:49 AM, MapleLeaf29 said:

We just had our interview in April.  I got a letter from my bank, but I have no idea if they asked for it or not, since my fiancé gave them all of the paperwork.  My general philosophy during this entire process has been to collect everything we might possibly need, and if we didn't need it, oh well, at least we were prepared.  Someone might have a more updated answer for you, though.

 

Once the case status was set to "Ready", my fiancé and I submitted the DS-160 and Packet 3.  Two days later, we received Packet 4, which authorized us to schedule his visa interview. 

Ohh, I see. Congratulations, by the way! Everything seems to be moving pretty fast then. How was the availability when choosing the interview dates?

Hello,

Our case is in transit to Montreal Embassy now, so I am preparing to send over the stuff required over to my fiance in Canada. I just wanted to check and make sure, is the only original document needed, the NOA2? As the US Citizen I do not have to send him anything else that is original, such as my birth certificate? As well, are copies of my W2s and bank statements sufficient, or they need the original documents?

And any idea how long it takes nowadays, for Montreal to receive and send out packet 3? And the time for them to log packet 3?

Thank you!!

I (petitioner) recently just received my NVC case number (tracking says in transit now) so I am currently working on the i-134. I don't own any stocks or real estate, bonds, anything like that. Just a simple checking and savings account, and paying rent. I make well above the poverty line which should be pretty clear on my W2s and pay stubs so I'm wondering if it's necessary for me to make an appointment with my bank to get a statement. "identifying the following: 1. date account opened; 2. total amount deposited for the past year; 3. present balance " - hoping for a more updated answer than the ones on the forums 4-6 years ago!

Also I read somewhere on the forums that once the tracking on CEAC says "ready" we can basically set an interview date? Just like that? lol 

Thanks in advanced!! I don't know what I'd do without VJ :') 

I sent mine via UPS on 12/29/16, and I received a text and email notification about 3 weeks later, and then they cashed my check about two weeks after that. But I still didn't get my notice in the mail so I called their customer service and inquired and the officer claimed they sent it out and they couldn't resend it. So another month later I sent a request on their website again about missing document, and they finally sent the notice to me another month later.

For missing notices, I went here: https://egov.uscis.gov/e-Request/Intro.do 

I clicked on "did not receive by mail" - this only works if you have the receipt number, though I think. You could try their customer service number: 1-800-375-5283 

So I sent my I-129F petition in and it was received on 12/29/2016. I received a text/email "Acceptance Conffirmation" on 1/18/2017 with a receipt number. The email said that they recommend checking the "My Case Status" after receiving the form so I figured I'll wait a couple weeks for the official notice (form I-797) before checking it. 

I decided to check on it today since it's been so long and have not received anything in the mail, so I entered my receipt number and it said that if I haven't received it by 1/28/17 to give their service number a call. I called them today and the officer asked me to verify some information, and only said that my case was accepted, and that it's not possible to re-send the i-797 since it's most likely a problem with the post office. I asked if there were further instructions that I had to follow and she said there wasn't. 

Should I still request for a duplicate notice to be sent out? Is it something vital that I would need to send over to my fiance? And I should still be waiting for my NOA2 before doing anything?

Thanks!!

The check with the correct fee should be in that checklist as well. New fee since December 23, don't forget.

Oh wow, I've been checking every day except for this week, and did not realize this. Thanks so much!

The last time you seen him was in 2013??

2013 was the last time I travelled to him, so that's the only visa stamp I've got. He's been visiting me every year though! The problem is that his visa stamps from 2015 and 2016 are so faded you can't really read which country he entered into, only the date.

Use simple binder clips. No holes or piercing of papers.

Some days delay should be expected around the holidays. Nothing major.

Yes, leave fields blank on i129f, write none (as instructed) on g325a.

4. This is toooo long. Cut the lovey-dovey and present only the facts.

12/13. You really only need either or.

What about your travels? Any proof of that?

Got it, thanks!!

4. So I can just fill it out directly on the form as "We met online"?

I only visited him once due to my work/school schedule and that was in 2013 >_<

I agree with A'n'L.

Make a copy of the boarding pass and send that in. Also can you dig up bank statements showing purchases in NY on the dates that the itineraries show as visits? Those can also be proof of travels.

Overall, it looks pretty good. Good luck!

Bank statements are an awesome idea. Thanks!!

Hello everyone!

I've been doing research on this site for months now (thank god for the internet) and am 99% ready to send it in.. I'm just nervous I missed something, so I hope this is allowed and that I'm posting in the right place.

I do have a few questions as well!!

I am the USC. I'm planning to send the packet via UPS express, so I'll be sending it to the 2500 South State Highway address, but seeing as people are just starting their holidays, I really hope it won't delay receiving the first NOA.

Is it okay if I handwrite in the date for all of the documents that need to be dated?

My fiance sent his signed papers to me, but USPS f*ed up and sent it to England so it took nearly a month for it to get to me. By the time I got it, the date that was typed on the documents was already a month past what we planned so he sent me another set via UPS without a date so that I can write it in when I'm about to file it.

And a question about ACCO fasteners. I've seen some people say 2-hole punch and put the fastener in it, but I've also seen people say use binder clips. Which is it?

My packet:

1. G-1145 (e-Notification)
2. Contents

3. I-129F

- On this form, I don't have to write "None" for irrelevant questions, right? I left mine blank.

- Question 15: Has your fiance ever been in the United States? Simple and straightforward question but I was doing some crosschecking with sample forms and noticed that they left it blank. I understand that all the questions below #15 (i.e. 15a, 15b, etc) can be left blank because my fiance is currently NOT in the United States. But my question is for #15 by itself. Yes my fiance has been to the United States (as a visitor) so do I check Yes? Or do I not answer or check No?

4. Addendum for Part 2, 34.a (1 1/2 pages)

5. Petitioner's Letter of Intent

7. Beneficiary's Letter of Intent

8. Passport photo of petitioner (name written on back in black marker)

9. G-325A for the petitioner

- I wrote "None" on the none applicable areas.

10. Passport photo of beneficiary (same as above)

11. G-325A for the beneficiary (same as above)

12. Back & Front copies of my birth certificate

13. Copies of all pages of my passport (expiration date April 2022)

14. Title page - Proof of Having Met Within the Past Two Years w/ contents

15. 4 photos with captions, dates, other people in the picture

16. Fiance's entry visa stamps

- It is SUPER faded and you can barely tell what it says.. I know that the visa stamps are the most legitimate proof, but you can't even see it. I'm really scared that it won't be enough. You can see the date, but you can't really see which country he's entering.

17. Itineraries (the ones they send you in the e-mail confirmation)

18. A boarding pass showing him going back to Canada from New York, lol - this was the only one he could find, and even the boarding pass is very very faded.

19. Title page - Proof of ongoing relationship + contents (photographs, Facebook interactions, a couple days of messenger texts over a couple years, and Skype call log duration, again a couple days over a couple years worth of logs)

I'm sorry this is so long!! I know I'm overthinking a lot of things but I am really just worried. Thank you in advanced!