Peot

On 6/13/2019 at 10:55 PM, VALU said:

Updates: my husband started his full time job this week Monday, working for an Amazon contracted company as a delivery driver and earning $15.50/hour which is way above the minimum wage in our area. Our goal for him was to get at least $15/hour on his first USA job. He gets an increase every 3 months. He likes the job thus far because he loves to drive. So we thank God.

 

Oh and they didn't ask for his high school diploma but he had to take a job written test which he passed well.

 

Thanks again for your input. 

That's awesome! Once he gets experience doing that, I'd suggest looking at moving up to FEDEX, or UPS - I'd imagine they get superior benefits (as they're unionized) compared to working for an Amazon Contractor and would largely be the exact same work. Doesn't have to become a career, but it's definitely good to have the extra income.

11 hours ago, milimelo said:

She doesn’t need a ssn to get married or to get a bank account. 

You absolutely do need an SSN to get a bank account. I have 3 bank accounts and a mortgage in the US as well as 2 credit cards - I needed an SSN for EACH. Your SSN is tied to your credit information and your taxation information.... I don't know what kind of bank would want to open an account with someone who doesn't have an SSN.

It's very uncommon for someone in the US to not already have an SSN since in the 1980's a parent can indicate to automatically issue one. As such, an SSN is typically required information, and it's very difficult to get around that. Before I had an SSN I couldn't get a driver's license for example.

On 6/10/2019 at 8:44 PM, B&Gloria said:

Hi Everyone,

 

My Fiancee arrived here in the US about 20 days ago. Everything has been going smoothly and we are happy to finally be together again!

 

After searching the forums I saw that it was advisable to apply for a SNN after 2 weeks so we waited 2 whole weeks and went to the SS Administration office last Friday. The girl only asked if we had an "original I-94" and I told her we only had the I-94 that we printed from the website. She then said gave us a document (in Spanish) after 10 minutes of typing. The document says that they need to verify some documents to check her immigration status and it could take up to 4 weeks. The only part we did not understand was what are we supposed to do next. A.) Go back in 4 weeks and see if the card is issued? or B.) Just wait for it to come into the mail after 4 weeks?

 

Does anyone know if it really takes that long for a SSN to be generated? It's been a while since this whole immigration process has made me nervous but now I'm really worried about her getting a SSN so she can open a US Bank Account and get a US Drivers license. 

 

After we get married we then change her name at the SS Administration office then file AOS? Does anyone know how long it takes for the AOS?

 

Thanks!!

 

 

You have to wait 2 weeks for the SSN application because it can take that much time for the information from the I-94 to enter the SAVE-ASVI system. The SAVE program is how they verify the information to confirm the immigrant is eligible for the social security card. This process can take between 2-4 weeks and that's a normal timeline. Note: I think I got mine verified and in my hands within a week! The card will be mailed to you after they're done verifying the information, so nothing more needs to be done. So B) Just wait.

It doesn't matter if you wait to do the AOS or not. On the AOS you can use her new name - the marriage certificate will be evidence of this. The SSN can be changed after or before - again, it doesn't matter as the SSN is not required for AOS. SSN isn't even required (Technically) for EAD. The EAD application process can issue you a new SSN if you choose to do so.

If you have an RFE for anything, I'd ensure the evidence is submitted, regardless of any second notification coming later saying you're approved. The RFE will have instructions on what is required to submit that evidence. 

13 hours ago, Neznarf said:

Thank you very much. It was a signed and sworn statement. Should they still proceed with just sending the English version as requested?

Only send what they have requested. If they need more information on why they differ, they'll definitely request that.

Just send the English version as requested. It's actually not uncommon for birth certificates to contain updated names.

Ultimately she may need to provide legal evidence of the name change (was the affidavit a legal name change from a government authority, or just a signed and sworn statement?) They may need evidence that the name is legally different, or how the change happened. If the affidavit can prove the legal change, then nothing more would need to be done.

AOS renewal for 10 year?

Sure, if you say "we're in the process of buying a house" and have evidence of that, it will be important, but showing evidence that you have joint bank accounts and evidence that you both CURRENTLY live together sounds much more important to me.

If it's been marked under waivers then it's just that.... waived. As in, it was marked complete and the vaccine was not required at that time.

If it's checked that she completed her vaccination requirements, there's nothing to worry about.

I don't have experience with the consulate in Taipei, but it depends on the consulate. When I did my interview at the consulate in my country, they were ONLY interested in the tax document. I had brought two co-sponsors, and when they saw the first one had not submitted tax documents, they handed it back to me and did not use it.

If you don't have this and can't get this, the questions the consulate will have will likely be about why you weren't able to provide this, and it may have to go through AP to determine if the evidence you provide is factual. It's a lot harder to fake numbers on a tax return than it is to fake numbers on a printed bank statement.

If you can get a simplified tax return from the co-sponsor, you'd be in a much better position, but again it depends on Taipei's consulate and whether or not they're lenient with these.

Another thing to consider is that your K1 medical exam comes with an expiry. If you don't want to have to re-take the medical for your AOS, file sooner than later. 
 

1 hour ago, Danny70 said:

Oh, we were under the impression we needed as much evidence as we needed right now. We'll get it done this week then and send it in. 

 

Should we send in any of our evidence besides our marriage certificate? 

Please, please, please read the instructions for filing AOS. It will let you know what evidence is required. If it doesn't ask for it, you don't need to provide it. At the AOS interview you should bring all previously submitted evidence as well as follow their instructions that they will provide you.

15 hours ago, Stevephoto said:

I also always assumed it was part of the vetting process while making sure that it is actually the same person at each step of the way.

That's definitely one of the reasons - and also why your print shows up on the green card itself. It's a lot more verifiable than a printed signature. 

The reason you're likely finding conflicting info is that for K1 applicants, MOST panel physicians make sure you're all up-to-date with vaccinations at the time of your K1 medical exam. The K1 medical exam is valid for 1 year specifically so that you can adjust status to permanent resident and not need to take a second medical! You should have either received your td or tdap which covers tetanus shot. Influenza is only required seasonally and is usually waived. 

Your form DS-3025 should show if you were missing any as well as waivers you might have had, and in fact, DS-3025 will clearly indicate if you have met the US vaccination requirements.

DS-3025 will show "US Vaccination Requirements COMPLETE" checked. If it does, you might have gotten those shots for nothing. Tetanus can be painful too! 😖

HOWEVER, if for some reason you did need to get those vaccinations updated as indicated on DS-3025, then yes you will need to see a civil surgeon in the US (from the designated list). They are the ones who will complete the form and seal it in an envelope for the embassy - similar to the K1 medical exam process. In I-693 they would likely have to indicate in the remarks section why the vaccination was previously waived. You would bring this sealed envelope with  you to your adjustment of status interview.

Not sure how you can make a tax return more favorable, unless he intends to flub the numbers. Don't do that. Get the taxes done as soon as possible so you can print them out. 

If he meets the guideline at 125% (he does for a household of 2), and can show at least 6 months of bank records + his latest tax return, they're not going to care about the last 5 years of not meeting this. The biggest thing they look for is that someone has stable income. As he's no longer self-employed, also be sure to include his pay stubs, and a letter from his employer couldn't hurt. This info will be much more important than the previous self-employment evidence. 

Your passport should be unexpired (both so they can put the visa inside and so you can travel with it) before the K1 is granted. That said, if you are including copies of the bio page and knowing that you will attend an interview with the passport in hand, I don't see why someone would send an RFE for minutia like that.... but I guess it depends on the person.

If you get an RFE, send in the correct page and it only delays things a few weeks. In the grand scheme of the process, this is a very tiny amount of delay.

As long as the letter of intent says that you intend to marry within 90 days of your fiance entering the United States, it should be fine. It may raise a red flag if it's worded that you will travel to the united states and get married, but worst case scenario they'll send you an RFE asking for a corrected letter. The Request for Evidence will clearly state what was wrong with the letter of intent if it was an issue.

Sending a corrected letter of intent from the both of you will only delay the case approximately 2-3 weeks.

On 9/24/2018 at 10:57 PM, Jrozzler said:

So my wife’s brother may come down and drive the Jeep back up to Canada. It’s registered in her name. How would we go about doing this? 

Though not "mandatory", it's recommended by CBP that your wife give her brother a notarized letter of permission to take with him across the border - just in case the vehicle's ownership comes into question.

Because vehicles that haven't been properly imported are SUPPOSED to leave the country, it shouldn't be an issue.

Either way the "DHS authorization" would be your green card or EAD, so it's a bit of a non-issue if you ask me. 

3 minutes ago, Jrozzler said:

very interesting. thank you for the info. we may drive back up to canada and just sell it there and be done with it.

Of course, that's always an option too. Drive it up, consign it for sale, and call it a day. 🙂

Would definitely beat the huge headache of trying to get FCA to comply with this. I had to jump through hoops - definitely not fun.

Yes, this was definitely done incorrectly - the import should have happened at the POE and requires documentation, and you may also pay Duty on the car's value. Unfortunately FCA can be very fickle about getting the required documentation - I recently imported my Dodge and wrote about that here:

I would gather the required information (See my post), and simply drive the vehicle out of the country - then drive it back in. At the POE, you will make it clear that you are importing the vehicle. I'm not sure at all where their "30 days" number comes from, but it looks a lot like you would have to pay Duty on it since it wasn't imported at arrival - though they minus your daily exemption from the amount owed. You may also need to have a bill of sale - consider selling the car to your spouse for $1 if you don't have one. 

Their info site:
https://www.cbp.gov/trade/basic-import-export/importing-car

32 minutes ago, Shiran said:

Make sure your payment method paper clipped to the very top of your packet. You don't want it to get lost in the bottom and be missed by the lockbox staff. It should be quite literally the very first thing they see once they open up your packet. 

 

Keep in mind, if you are using money order, you will have no way to know when it is "cashed" and have no recourse in case it gets lost. Personal cheque (even if it personal cheque written by someone else other than you) might be better course of action for the purposes of traceability.

This is very correct - money order or payment should be above everything, even above any included table of contents.

If you're sending a money order, be sure to send the package together with a tracking number so that you can at least confirm delivery.

On 9/7/2018 at 11:00 AM, TimonLovesSkylour said:

So, that's a little confusing since it doesn't jibe with what those packet 4 instructions say. But personal experience is ultimately what counts, not what a PDF on the internet says -- so is this a case of actual practice being different from what's indicated online?

  

And thank you both for the prompt responses! I'm glad that I haven't missed any deadline I wasn't aware of, that's a relief.

When you go to make the appointment online it will wait for confirmation of payment before it schedules anything. I suppose it would be possible to pay the NVC fees early and have them acknowledge the payment later? 

The Packet 4 link to schedule an interview is here - you can take a look
https://ais.usvisa-info.com/en-ca/iv/information/iv_services

Once you pay, BRING THAT PROOF OF PAYMENT with you to the interview. None of the checklists show this, but it is required. 

On 9/8/2018 at 11:11 AM, kat10kat2 said:

Thanks for the response! For the co-sponsor at the AOS stage, can it be the same person from the interview stage? My joint/co-sponsor makes ~$50,000 so I know she meets the requirements and will be willing to sponsor 

Yes, it can be the same person.

At this stage the applicant co-sponsor must fill out an I-134 and must make up 100% of the requirement. 

At the AOS stage, your co-sponsor actually becomes an JOINT applicant and your incomes are combined total to make up the 100% requirement on form I-854. This is why you can use your fiance (then spouse), or a friend, etc to combine with yours to make the minimum. In fact, even your joint sponsor can include other family member's income in their support to help out! It's much more forgiving.

When you get to that stage, be sure to pay attention to the form's instruction page anywhere it says the word "Joint" - as this is how your co-sponsor will be filing.

It's actually not typical to be approved on the spot. Wait for documentation or approval in the mail. If you receive an RFE for some reason, cross that bridge when you come to it, and don't stress! 😉

Also should be noted a couple of the warnings on the Advance Parole instructions page.

1. When you're entering the US, even if you have a valid AP, you will still be inspected for entry by the CBP officer. It's at their discretion, and you could still be denied entry.

2. The AP can be cancelled or revoked at any time, even after you've left the US - which would make re-entry impossible without another valid visa.... such as a valid H-1 or K-3 for example.

With the above in mind, travel on the AP should only be done if absolutely necessary.

You can travel while the K1 is processing, but you cannot enter on a K1 and leave without getting married before the 90 days - this would be abandonment of the case and you would need to re-apply, however with the record of abandoning a visa case on your history, it will likely affect other visas you attempt to receive, and may raise "fraud" red flags in the future.

To be perfectly clear:

Entering on a K1 visa without any intention of marrying is fraud.

To be honest if you don't make the minimum they likely won't even look at your I-134. They'll look into your co-sponsor's. Your fiance can explain the reason for needing the co-sponsor at the interview stage.

You will also likely need a co-sponsor for the AOS stage as well, though the fiance's income can be included in this at that time - noting they will not be able to work until they have an EAD as @Jorgedig hinted. It may be hard to convince the CO that you have the income if your fiance doesn't immediately start employment when they receive their EAD before the AOS interview.

For example, when we filed my wife was in your same shoes - didn't earn enough and didn't have sufficient income. We got a co-sponsor.

At the AOS stange, I had transferred to a US branch of the company I was previously employed with as soon as I received my EAD and was able to use that in our documentation to cover the minimum income. Had I not been able to do that, we would have needed someone to co-sponsor at that stage.