KimAyo

On 8/26/2022 at 12:41 PM, Josh or said:

Hello, 

 

I just to America three weeks ago, I was staying with my wife and later she brought a guy to start staying with us, and after that, she told me she just need me to be taking care of her, work and take care of her, she said the guy is the person she wants, I was unsettled with this so she started threatening with gun and also said if I do not paly along and agreed i should go back to africa,. Then there was  a day she wants me out of her house and I had to leave. Then have been trying to work but I don't have my social security yet as it has been delivered to her and when I called her today she said she returned my social security card to the social security office. Have paid for my green card but it hasn't been mailed yet, and today she said she contacted the uscis to cancel my green card , and she was making a lie accusation that I used her. Pleas I don't know what to do, will my green card not be mailed anymore after she make the accusation and report to uscis or what step should I take?

I’m Nigerian too Josh and I came here on a K1. I already have my green card and awaiting my citizenship. I can relate to your confusion but not knowing the rules is the biggest downside. 
 

please help me get your story straight: you came here on a spouse (marriage) visa, but you were already married two years so you were approved for a 10year GC. At this point your sponsor is abusing you because she’d rather be with another man but since she helped to get you a GC and she’s now out of a job she wants you to pay some or her bills in order to keep your green card. She’s also threatening to push for revocation of your GC should you not comply with her demands…..is this your story ? 
 

My answers: 

She absolutely can not revoke your green card, she doesn’t have such powers. She can send whatever she wants to USCIS and won’t be the first bitter spouse to do that, USCIS don’t just pander to sponsors just because they are sponsors. it’s a scare tactic. It’s either she doesn’t know the rules herself or just exploiting your ignorance as a newcomer. 
 

Settle yourself into a new address. Go to social security and apply to replace your card.  If you never got it at your old address, just tell them you never got it since she got it and didn’t give it to you. 
 

Also, there’s an application you can file to replace your lost green card on USCIS website. You can follow this procedure to replace your card. 

If you are sure she has your card, you can call the cops and report domestic abuse and they can help to get your card back, especially if you have evidence that it’s still in her possession.
 

Thirdly, she filed to be your sponsor, that’s a legally enforceable contract until you become a citizen or until you have worked 10years in the US, I believe that’s how that law applies (I stand to be corrected). I bet she doesn’t know this too. 
 

On 6/28/2021 at 9:16 PM, isis375 said:

We met playing ARK Survival Evolved on the PC in 2018, started dating and being on Skype 12~ hours a day. I visited Sept 2019 for three weeks in Costa Rica. We became engaged Feb 2020. We married September 2020, and I visited for three more weeks in quarantine with him in October 2020. 

And he has been here in the US with me since March 25 this year, and it's been wonderful. 

Awesome! Thanks for the info. It will help a lot to see how well the relationship developed over time to merit the immigration benefits based on the online marriage. Congratulations to you guys once again. 

8 minutes ago, Jorgedig said:

Please read the thread thoroughly.  OP provides this information.

I read thoroughly and understood the information provided by the OP. I was looking for some specific details if she’s happy to share; like how they met and how many times she visited. She did mention she visited him in October 2020 and filed for CR1 afterwards, that doesn’t say how long they’ve met or how they met….maybe I missed something, you can tag me on the response that answers these questions. Thanks. 

I’m not trying to pry but for the sake of knowledge, If you don’t mind telling how you guys met and how many times you met before your online marriage. Even though the marriage is a necessary step, l the stages and dynamics of the relationship that led to the marriage is the real key to the success of the process. 
 

more importantly, congratulations to the both of you. 

Sent out I-751 package on May 3rd

tracking says it got there May 4th as it was next day delivery. 
I got NOA May 24. But NOA date read May 18. 
so I think it takes 2 weeks for them to acknowledge your application and roughly another 2 weeks before you get it in the mail. 
My letter came from Texas Service Center in Irving, TX. 

hello everyone, 

Is anyone able to post a checklist of what they submitted for their ROC.  First date of possible submission for me was 03/23 but I have not had the chance to put everything together. 

I am also planning to travel abroad in May for a couple of weeks. current GC does not expire until 3rd week of July. will this be a problem ?

10 hours ago, HRQX said:

See the Substantial Presence test: https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test OP would be a resident alien for tax purposes. Also federal law requires worldwide income to be reported to IRS.

Failing to disclose the foreign income is a federal offense. Also see Revenue Ruling 92-106, 1992-2 C.B. 258 for foreign employer and Social Security.

I looked this up and you are right. By the time you spend at least 31 days in a particular tax/calendar year you would be considered a non-resident alien that has qualified under the “substantial presence test” for tax purposes whether or not you have a green card or any other official authorisation to stay in the US. 
 

Grey area if you ask me but very good info nonetheless. Thanks. 

Contrary to what many have opined on this post, the reason you can’t work in the USA is because you don’t have the right to until you have your EAD. Technically, you can’t get any work without the authorisation document unless under the table. 
 

However, regarding your foreign job....you are still domiciled in your home country and can very well continue with your job remotely, if your company permits it. Your tax will be applied in your home country as if you were there and you don’t have to report any of such tax in the US. As far as your US application is concerned, you are not working. 
 

Think of this like having a business in your home country that is still generating income in your absence. On a second note, nobody knows about your job including the IRS since it’s not connected to any social security or earning in the USA. 

congrats on your approval. They just keep making mistakes every now and then and like I implied earlier, its the applicants that suffers it all. Lawyers mean money, the longer they drag it out, the more money it is for lawyers too. I just hope the error with your GC is resolved easily. After taking your experience into consideration, I have decided to do another full medical exam, just to be on the safe side. I just don't trust that they do anything right these days

34 minutes ago, Mari181 said:

Your medical must be valid by the time of your interview. Fortunately now they changed the timing, it's valid for 2 years now. You can check what should be contained the medical exam here https://www.uscis.gov/i-693

Thanks for your response. I know what must be contained in the medical exam. I would like you to post a link that suggests that your medical exam must be valid at time of interview. I have researched this and I haven't found any all the links implied that it has to be valid at the time AOS application was received. Read below what USCIS rules say about that; copied directly from i-693 instruction page 7(frequently asked questions) section;

"3. What if I am a K nonimmigrant visa holder and already had a medical examination overseas? If you were admitted as a: A. K-1 fiancé(e) or a K-2 child of a K-1 fiancé(e); or B. K-3 spouse of a U.S. citizen or a K-4 child of a K-3 spouse of a U.S. citizen; and C. You received a medical examination prior to admission, then: (1) You are not required to have another medical examination as long as you file your Form I-485 within one year of an overseas medical examination; and (a) The panel physician did not find a class A medical condition during your overseas examination; or (b) The panel physician did find a class A medical condition, you received a waiver of inadmissibility, and you have complied with the terms and conditions of the waiver. (2) Even if a new medical examination is not required, you must still show proof that you complied with the vaccination requirements. If the vaccination record (DS 3025) was not properly completed and included as part of the original overseas medical examination report, you will have to have the Part 9. Vaccination Record completed by a designated civil surgeon. In this case, you must submit Parts 1., 2., 3., 4., 6., and 9. of Form I-693"

I also called a Civil surgeon to schedule another exam, she asked me my visa category at admission and I said K1, she said ow! you don't need a new exam but she can transcribe my vaccination records from overseas onto the vaccination pages of the i-693 and sign off on that. 

I also decided to call USCIS customer care line today and spoke to a Tier 2 that said in that case, I need to have my vaccination pages filled out and I should be ok, clearly corroborating what the CS previously advised and also aligns with part 2 of question 3 concerning the vaccination pages.

The new rule in November 2018, extends the validity of the medical exam after submitting to USCIS from one year to 2 years, but you have to submit it within 60 days from the date the CS signs it. Previously, you could still submit it within one year after the CS signs the medicals.

I think some I/Os just keep making mistakes in the interpretation and application of the rules and applicants just suffer the consequence of their mistakes.

On 5/21/2019 at 9:20 AM, Mudra Desai said:

Hello, I am a i-485 AOS applicant. I came on a K-1 visa, got married & submitted my AOS application on June 15th, 2018. I had a medical examination done prior to coming to US & submitted the sealed envelope at immigration on the airport. Therefore, while filing the i-485 application, I did not take any medical nor submitted the i-693 form. I received the notice of action yesterday that my initial interview for green card is scheduled on June 21, 2019. My question is, do I need to fill in the i-693 form & take the medical examination again? I have the DS-3025 copy with the physician's signature date as 16th Feb 2018.

On the Notice of Action it says that bring i-693 if not already submitted. Do I need to visit another civil surgeon over here & get another medical & stamping done? Please help.

Thanks in Advance

Please update your experience after the interview, if the medical was any issue at all. 

On 5/24/2019 at 10:11 AM, junkmart said:

 

The I-693 instruction state that the civil surgeon should provide you with a copy of the completed I-693 for your records. So yes, they are supposed to give you a copy, which they may charge you for. I paid $15 for my copy.

do you have any idea, what should be contained in the new medical? the instruction actually said K1 medical report only need to be valid as at the time of AOS but the i/o says its now expired even though it was valid at the time of application. does it mean that i need to do a new medical all over again or just the vaccination pages of the i-693 is required to be filled out by a Civil surgeon as suggested by some threads. 

1 hour ago, TheBs said:

Thank you for ur reply. Very appreciated!

Is the age declaration same as birth certificate? My fiance said birth certificate had issues but was able to get age declaration w/o issues.

Also, what stage are u now? Might be needing a hand.

I have just been interviewed in the past week for my green card. Age declaration is not the same as a birth certificate but they serve the same purpose. Birth certificate is hard if you don't have any document to prove your birth records, the age declaration is designed specifically for that purpose, just make sure you get the NPC one, you won't have any issues with that. I also updated my timeline, havw a look to see how things progressed with my case. 

1 hour ago, TheBs said:

Thank you so much for this.

I have a question, How did i obtain the birth certificate? My fiance has issues with that.

Also what do u say when u go to GTB bank to pay? What do u pay it as? Can the US petition pay it online?

The US petitioner can not pay visa fees online. if you don't have the money at hand then request that it be sent to you. GTB already knows how much you need to pay depending on your visa category, just take your international passport with you and the money (265$). The uscis website for Nigeria will also indicate the Naira equivalent that you will be paying at the bank. 

For your birth cert go to the local government area where you were born to request the NPC birth certificate/declaration of age depending on what applies to you. Note: the NPC (National Population commission) document is the one I believe is tenable from my experience.

7 minutes ago, George & Roth said:

 

https://www.visajourney.com/timeline/aoslist.php?cfl=0&op1=d&op2=&op3=&op4=1&op5=5,6,8,9,10,11&op6=&op8=Dallas TX&xfr=&vtype=0&interview=

 

Here you can see specific cases, I filtered it for Dallas. Looks like they are mostly on July and August 2017 filers. But some people get lucky. That would annoy me, hope you get it soon. 

It's hard because I get stuck at the green card issue with job offers after going through interview stages and trying hard to get a promising offer. EAD is mostly useful for menial jobs. Thanks again for the attention.

1 minute ago, Tomalley said:

Feel the same. It is actually extremely unfair. It is a federal thing but they did it by your area. Some people get in 3 months, while some people wait over a year. I have waited 10 months now. Nothing. This place is a small place, not many applicants but so slow. Unbearable. 

 

Honestly, I wish we can sue uscis. I think DHS got sued because of H1 work visa or work green card, and now employment immigration is working faster than family based. It is disgusting.

They make so much money from immigration and can't be bothered to deal with variation in the processing times. In this tech age, I wonder what kind of improvements their IT department are working on. They send you to a website that gives auto-feedback every month if there's no update on your case, when it's obvious the most important issue is the highly unreasonable variation in processing times. what would it really cost them to spread the workload?

5 hours ago, H&mB said:

Hello, our timeline is very similar. My received date is April 24, case ready to be scheduled since June 26. 

Dallas is really backlogged. I know two people that had their interview last week of January and they both filed June/July 2017, so we still have a long wait time. Probably Oct/Nov/Dec if we’re lucky. All the best! 

Honestly, I’m tired of this process. The system is just very poorly designed.

4 hours ago, George & Roth said:

@KimAyo @H&mB

 

https://www.visajourney.com/timeline/aosstats.php

 

Looks like Dallas is second slowest, Houston being the worst. 

This is really sad news for me. Thanks for the update. We started this application at an address served by Fort Smith only to end up at Dallas because we moved to TX by the time for AOS. if I had this information we would have stuck with the Arkansas address. It’s difficult to get a professional job offer with the one year EAD. I’m just so tired and perplexed by all this. I don’t understand why they can’t share the workload and balance it out across different centres to remove the high variation in processing times, it’s so unfair. 

Hello Everyone, congrats to those getting their green card interview and approvals. However, I’d like to know if there are any April 2018 I-485 filers going through Dallas office that has either been scheduled or already had their green card interviews. My I-485 recieved date is April 26, case ready to be scheduled for interview June 12 and nothing since then, it’s roughly 10 months now. Any info please and thanks

4 minutes ago, Rbalsara96 said:

hmm thank you! When you check your status on the USCIS website, does it say that the card was delivered to you? or does it still say that the card was mailed to me?

 

Thank you for all your help!

it only shows "Card was mailed to me" on both egov.uscis.gov and my.uscis.gov. so your card must be somewhere in the post. Give it a couple more days and call USCIS that you think your card is missing in the post, they should be able to find a way to track it or send you tracking info.

7 minutes ago, Martella&T said:

I know it's hard to be seeing all those people getting their EAD cards while you haven't got it yet but the truth is the official waiting times are 5-7 months so there's absolutely nothing wrong with you not getting it in your 4th month. Your NOA is in May so actually you could be in May group because everything counts from NOA1 anyway...

you are right, I counted from NOA1 and it was roughly four months. NOA1 was April 26, picked up EAD card August 25. I also received a RFIE in between the four months. 

35 minutes ago, Rbalsara96 said:

Hi, my card was in production on 08/17 and my card was mailed to me on 08/22.  I received my approval notice in the mail on 08/23. However, I still have not received my card as of today, 08/27. Did you receive your card?

I received my approval notice on 08/23 and got card 08/25. I don't know why you haven't received yours. It came as a USPS priority mail which normally takes 2-3 business days and going by the fact that we received the approval notice on the same day, I would think you should have it by now. 

Well, I just found out after checking my case tracker app, uscis app and egov.uscis.gov  that my EAD is been produced and is on its way in the mail. 

Here is my timeline in case it helps anyone or gives someone hope during this very traumatizing longer processing times:

1. Packet sent: 04/12

2. Packet received: 04/13

3. Notice date: 04/26

4. New card is being produced: 08/17

On 8/17/2018 at 3:42 PM, Diorella said:

finally, i got email & text notification that i have a new update and i checked it on egov.uscis.gov and it says my EAD card is being produced. i checked it also on my.uscis.gov and nothing changed. its still 'we reviewed your biometrics and still provessing your case'. well, i am hoping i will get my card in the next few days. i can finally have a card that has my new last name.. hope others will be approved soon.. hang in there.

same here.....i just got the same update the case tracker app, uscis app and egov.uscis.gov except my.uscis.gov which i believe is just yet to be updated. still i am glad to be looking forward to picking up my EAD in the mail. wish other April filers and everyone else the best of luck too.

1 minute ago, bukaldrinio said:

Is yours from high court lagos? 

Yes, it’s from there