khool
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Posts posted by khool
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My husband has his 2 year conditional visa. (Right now he is able to travel back home to Costa Rica and has done so but I have heard that once we file for AOS he will have to wait 2 years to travel out of the US? Is the correct? Or is it just from the time we file to the time we are approved that he cant travel? Please advise.
THANKS!
2 year conditional visa? Do you mean the 2 year green card? Like others have said, you will file to remove conditions, not adjustment of status (AOS). Different forms and different process.
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My husband got laid off in 2003 and received unemployment check for 6 months plus worked part time for the rest of the year. His income in 2003 was about 8 thousands dollars. He got the job back in the beginning of 2004 since and maintains income around 40k annually. In the I-864, we were asked to provide his annual income in the recent 3 years which are 2003,2004 and 2005. We have no problem with '04 and '05's income but "'03" since it was low. I am just wondering if it will affect the AOS process and should we explain why his '03 income was low?
Thanks
No explanation needed and it should not affect your application. I (the sponsor) was a student in 2003 and had income less than the poverty line. 2004 and 2005 were above. I just listed all the incomes back to 2003 and they took it.
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Hi,
My fiance has a job offer and they would like her to start on March 1. We already told the employer that we have a GC interview on March 15th and there is a slight chance that she may get her EAD before the 15th. My question is if she does not receive her EAD before the interview, can she start working right after the interivew is approved? Thank you for your help.
Your fiance cannot work without work authorization. Thus, she will need either the EAD or a GC stamp in her passport (same effect as the actual GC) in order to work. Without one of these, she cannot. That is, if she does not receive her EAD, or if she does not get the stamp at the interview, she cannot work.
They're not giving out stamps as often as they used to, but I would do as hanster recommends...bring the offer letter to the interview and explain the situation. Worth a shot.
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After much deliberation we decided to use an immigration attorney to file our petition for my AOS and EAD. (Married to a USC)
I had pretty much filled out all the forms and gathered the supporting documentation, but I wanted an attorney to look over everything to make sure nothing was missed. We paid her a fixed amount for this and she signed on the documents that she was our attorney in case something came up and we wanted her assistance later on.
Last week she sent me an email saying she received an RFE (Request for Evidence), we were out of town for the week so I asked if she could just tell me what it asked for so I could start thinking about it. She wouldn't do that and she also said that she couldn't take on the RFE without us paying her a retainer to work on it, otherwise she would have to sign off as our attorney with the USCIS. I spent the whole week worrying about it, not knowing what it asked for.
Finally I got it faxed to me a couple of days ago and I noticed it was a Request for Initial Evidence, meaning our application was considered incomplete because documents initially required were not submitted. Specifically what they asked for was W-2s, 1099s, tax returns and proof of current employment. We had already submitted the past three years tax returns, as marked on the I-864 form, but not W-2s, 1099 or proof of my husbands own business corporation.
Now I noticed by looking over the I-864 form (Affidavit of Support) that there is a clearly marked check list (see below), I admit that I overlooked this, but this is precisely why we hired an attorney. Her contract said she would "review, complete and submit all forms [...] and supporting documentation". I feel that the RFE is still under her initial contract and payment, and I'll be happy to have her assist us in responding to the RFE, but I don't want to pay her $200p/h to do so when it seems to me this was her fault. The only thing she told us to submit were tax returns for the past three years. My husband and I very capable of doing the entire immigration process by ourselves, but hired the attorney for peace of mind and because time is of the essence.
Should we "fire" our attorney? Should we dispute this with her? I really don't want to waste too much time.
Check list for I-864
"The following items must be submitted with Form I-864:
For ALL sponsors:
A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement
and/or evidence describing why you were not required to file. Also include a copy of each and every Form 1099,
Schedule, and any other evidence of reported income. You may submit this information for the most recent three tax
years , pay stub(s) from the most recent six months, and/or a letter from your employer if you believe any of these
items will help you qualify."
At the very least, she should not be billing you to rectify this error. I'd be surprised, however, if you walk away without having to pay for some part of her services to date.
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My wife (I am the petitioner) filed I-130, I-485 and all other supporting documents required by the two documents mentioned. She filed in Oct. 05, was fingerprinted, we both went to the interview in May 06, filed for one service request in Sept. 06, and no response since. I am a U.S. citizen. We are both from the same country, age group, and race. I thought cases move faster for US citizens. Can someone help me out by telling me what can be the hold up or similar situations? I filed with the Chicago office, but have a receipt number with the Missouri Service Center since they are the ones that act as the central point for these kind of cases. She entered on a B-1 visa. Any help is appreciated.
USCIS requested evidence on the medical records back in Oct. '05 (couple of weeks after I filed) and they received the evidence about Nov. 12, 2005.
Also, please note that I already had an interview (so I guess the file is back in the Chicago office) in May '06. I wouldn't think they schedule the interview without having the "Request for Evidence" fulfilled. Everything went according to their timeline up until after the interview. At the interview I was told couple of weeks, and that was it. I do not believe couple of weeks means over seven months.
If I schedule an interview with an immigration officer. can the officer tell me anything more then I can see online or obtain by talking with them on the phone?
All advice will help.
Thank you all!!!
Were you approved at your interview? Perhaps you're still undergoing name check. I'd schedule Infopass to see what they have to say. Your fact pattern is a little hard to follow.
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Or since you need to leave "the country" on a plane that is not allowed? When I travel to Puerto Rico it's considered a "domestic" flight by some airlines but others treat is as "international.
I am going to visit my family on the summer and was wondering if my SO is going to stay at home while I'm on paradise....
Thank you guys!
edi
I'd look into this, or find someone who's actually done it. When we went to the USVI when my wife was still on her student visa, they checked all her immigration documents when we returned home from St. Thomas. In other words, there is an immigration check point returning to the continental US. I don't know if this is the case for PR or other territories.
I don't know if this means "international travel," but I'd only travel on AP just to be safe.
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We got married last month and we both live in the US. We are getting ready to file for her AOS but I'm a little confused as to where to file.
According to the VJ guide it says to send everything to the Chicago national mailbox. However when I look on the USCIS web site, it says to send form I-485 to Chicago but forms I-130 and I-131 to Nebraska (we live in Ohio). In fact each form has a different PO Box. So do they have to be mailed separately? Or should everything be send in one packet to Chicago?
I'm confused.
Send altogether to Chicago.
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Thanks a lot guys! I still got a question.....according to form I-765 Question 16.....what category should I choose?
Should be ©(9). See the instructions part on that form.
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I hope someone can answer this. I already have my conditional green card and I will be traveling to Brazil next week to see my family there. My GC was approved by CSC, without interview, so I still have the I94. Should I bring the I94 with my passport? Has anyone experienced this same situation while traveling outside US?
Simonne
You will need to show the green card along with your passport while traveling. These two things are your travel documents and, although admission is not 100% guaranteed, the green card is proof you are a permanent resident and should re-admit you to the U.S. upon return.
Good luck with your travel home!
Just curious...but why are those two documents not 100% guaranteed admission back into the US? I understand that with AP, but with the GC there shouldn't be any problems re-entering.
Didn't maintain resident status, for example, leaving the country over a year without a re-entry permit. Not the case here. Shouldn't be a problem re-entering on GC in most cases.
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I hope someone can answer this. I already have my conditional green card and I will be traveling to Brazil next week to see my family there. My GC was approved by CSC, without interview, so I still have the I94. Should I bring the I94 with my passport? Has anyone experienced this same situation while traveling outside US?
Simonne
The I-94 is the departure/arrival record for non-immigrants (status based on a visa). Since you've got your green card, you are an immigrant. I-94 not needed. What I would do is detach the I-94 from your passport, but don't throw it away. Keep it somewhere safe and bring it with you (separately from your passport) when you depart the US...I doubt the airline will even think to ask for it once they see your green card.
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I think if your case is straightforward you definitely do not need a lawyer. The process is really straightforward and if your possess the patience to take the time to read the forms you will realize that it is easier than you think. Basically you will need to file the following forms::
I-130 - Pettiion for Spouse
I-485 - Adjustment of Status paperwork
I-765 - Employment Authorization Document ( ... you already possess an EAD with your OPT)
These are the main forms you will need to file, and each form will clearly state any supporting documents that are required e.g. Passport photos, Income Tax papers ... etc.
Also if you can file all the documents at one time. My wife and I made a mistake of filing the I-130 and the other forms separately ... it has cost us many months waiting for the work permit.
Good Luck
Just to be clear, it is a very good idea to file for a new EAD along with AOS although you are already on OPT. Your OPT is limited to work in areas related to your study. The new EAD does not have such a restriction. Plus, your current OPT may expire before your GC comes through - in this case, your new EAD will allow you to keep working.
And since almost everyone gets an RFE to verify income, I'd suggest requesting tax transcripts for free from the IRS for the past three years and submit those in lieu of 1099s, W-2s, etc. Do this before you file. Saves on paperwork and time and we know that the USCIS likes those transcripts.
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Hi! I just need some help re: my application for AOS. Do i need to make another copy of G325A (4 copies) for my 15 year old daughter and for my US citizen husband? thanks so much!
Your husband should have already submitted a 325 along with the I-130.
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Adjusting from F-1 and OPT EAD should be straight froward. We completed the adjustment in about 4 months. Just make sure you ask questions on here, and stay organized. You won't need a lawyer for this.
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We got an RFE for our I485 on Dec. 19. It only has 87 days.
They are saying we need to have W2s, 1099s, etc, which I thought I had. Would a tax transcript work for this, or do I have to have the full return? It will take 60 days for that, and we don't have that much time!!!
Help please!
Got a similar RFE. Sent back the 2005 tax transcript which I ordered for free from the IRS. Took about a week to get it.
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One more quick question, do the cheques get made payable to USCIS?
thanks
We made ours to Department of Homeland Security. I think USCIS works too. There should be instructions on the forms. Honestly though, you could probably make the checks out to Bob, and they'll still cash them.
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Thanks for the replies so far. Can anyone tell me what their experience was like? I am not coming in on a K1 at all.. was a visitor then got married. I'm nervous!! Will I have to prove I still have ties to Canada? If so, I can show I still have an open bank account, I still have furniture and most of my clothes there, I closed a phone bill account in September (after getting married, since I knew I wouldn't need it open any more) etc.
We were F-1, so also not a K-1 situation. My wife was asked questions about her time as a student...what university she went to, what did she study, was she still in school at her last entry into the US, where was her point of entry, etc. In all, it did seem like the officer had reviewed the case file pretty thoroughly and asked rather pointed questions. None of the questions were hard or tricky, but just required some thinking.
Perhaps someone who came in on a visitor's visa will be able to better address your question. From our experience, all the questions came out of what was already presented in the file. We didn't volunteer any additional information. I don't see why your officer would ask you about your ties to Canada, at least not so specific as to disclose that your furniture and clothes are still there. Anyway, only answer the question that is asked, nothing more. Good luck.
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Hi, guys
We will be having initial interview on 02/05/07 and have a question about petitioner's evidence of USC. Is US pasport will do enough as petitioner's evidence or it has to be petitioner birth certificate? My husband is USC by naturalization, but lost his naturalization document and if he apply for replacement, we are affraid we won't make it on time untill the interview date.
Please advise and thank you all!!!
I brought my US passport and a photocopy of my naturalization document. The officer asked if I had my original copy of the naturalization document, I said no. The officer moved on to the next question.
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My wife received hers yesterday, no typos, all is good.
Much faster and less painful than expected - about 4 months in total. Thanks everyone for all their advice and good luck to those still waiting.
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why do i need a G-325 for the sponsor? where does it say so?
Im not applying for advanced parole since my family is coming to visit around june this year....
Nevermind, I believe the 325 for the sponsor should've been filed with your 130, so you're all set there. Too many documents and it's been a while since we filed.
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U.S. Citizenship and Immigration Services December 31, 2006
P.O. Box 805887
Chigago, IL 60680- 4120
To Whom It May Concern:
Enclosed please find Form I-485- Application to Register Permanent Residence or Adjust Status, Form I-864- Affidavit of Support , Form I-765- Application for Employment Authorization and all supporting documents.
My eligibility is based on admission as the fiancé of a U.S. citizen and subsequent marriage to that citizen within 90 days of entry.
Contents includes:
I-485- Application to Register Permanent Residence or Adjust Status
▪ Money Order: Payment in the amount of $325
▪ Money Order: Payment in the amount of $70 for Biometrics
▪ Copy of Form I-797, Notice of Action (NOA2)
▪ Copy of international Birth certificate
▪ Certified Copy of Marriage Certificate
▪ Copy of passport page with nonimmigrant visa
▪ Copy of form I-94 (front and back)
▪ Medical form I-693A
▪ Form G-325A, Biographic Information Sheet
▪ Two (2) passport size pictures
I-864 Affidavit of Support
▪ Federal income tax return, including W-2s for the years 2003, 2004, 2005
▪ Copy of LES from the most recent 6 months
▪ Letter from employer
▪ Proof of active military status
▪ Copy of birth certificate (front and back)
▪ Copy of identification page of passport
I-765 Application for Employment Authorization
▪ Money Order: Payment in the amount of $180
▪ Copy of form I-94 (front and back)
▪ Two (2) passport size pictures
Copies of documents submitted are exact photocopies of unaltered documents and I understand that I may be required to submit original documents to an Immigration or Consular officer at a later date.
Sincerely,
Thats it? Did i forget anything?
If I recall correctly you need two 325's - one for the sponsor and the immigrant, and 2 photos each. Also assume you're not applying for advanced parole (131)
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If you entered the USA using a tourist visa with the intent on remaining then you are about to commit visa fraud.... what did you say was the purpose of your visit at POE? did the CBP officer know you were married to a USC or did you fail to mention that fact... is your visa in your married name or maiden name???
If you entered the USA with no intent to remain but things have changed.... then you should have a meeting with a good immigration lawyer to review your case... there are options open to you but you need to have all your facts checked over by a immigration lawyer to be sure you are doing the best thing for your chances of sucess..
Kez
Thank you for your reply, Kez.
I came to VISIT my husband, but after calling the USCIS 1-800 number, we decided to save the money of the airfare, keep me here and start the Ajustment of Status asap.
I understand your advice and I'll get in touch with an immigration lawyer to be sure of the actions we have to take.
Regards.
Gotta show that when you entered in Sept. 06 you didn't have intent to stay. An issued return ticket would help. Nonetheless, I think it might raise eyebrows when they find out that you were married prior to your September entry.
Lawyer would be good, not necessarily because he'd be able to give you better advice, but because he's accountable for his advice. Not many people on here understand that.
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Hi all
My interview is in 6 days and I need to know if I have enough information. This is what I'm bringing:
copy of filled out I-485, I-130, I-765, I-864, G-325a for my husband, G-325a for myself,
my birth cert (with official copy of it)
his birth cert
marriage cert
my passport
health insurance info (me on his insurance, copies of both our health insurance cards)
my husband's pay stubs, w2, tax information
all USCIS letters received
medical results
Bank of America letter stating new authorized user (I don't have my name on the letter but it has my credit card number and I assume I can show my credit card that has my name on it?)
Credit card statements with my card number on it
My husband's flight itineraries to Canada, hotel reservation information from his first visit, bus tickets I've used to visit him
Cingular mobile bill showing my name and my husband's name on the bill and the calls we've made
Letter from Social Security showing I've requested a social, but haven't received it in the mail yet
Mail addressed to myself from the MVA
Post card addressed to myself from a friend, Xmas card from friend in Canada, Xmas cards to and from my husband
Pool passes for our community swimming pool with our names on it and address
Our BJ's membership cards
Post marked mail I sent my husband from Canada (2 letters)
Registry receipt from gifts received from my parents
Emails he sent me about our relationship
Letter from the best man at our wedding explaining why we're made for eachother
Letter from my mother in law about living arrangements (we live with her until I can get a job and afford to move out with my husband)
Approx. 100 photos with friends, family visits, wedding, goofing around, etc.
What else do we need???? Any suggestions?
We don't have a joint bank account because I couldn't get one without a social security number... in case anyone was wondering.
Any help would be appreciated.
More than enough. Good luck.
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I called the civil surgeon in our area today to have Neil's vaccination records transferred to the vaccination supplement form and the lady asked if they wanted it in a sealed envelope. I wasn't sure so if anyone has an answer for that could they please help! Thank you in advance.
We had one copy sealed to submit with AOS and one copy unsealed for our own records.
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K-1's do not need to file the I-130.
You can send a separate check for the Biometrics Fee ($70.00) and attach it to the I-485.
Oops, I didn't read closely enough. My apologies.
Green Card Arrivals Timeline
in Removing Conditions on Residency General Discussion
Posted
Can someone please us:
approval date 5/14/09, VSC->CSC, arrival still pending.
Thanks!