dnyal

2 minutes ago, ra0010 said:

Adding a spouse on an insurance has nothing to do with filing taxes. 

OP could File Married Filing Separately and use NRA in the place for SSN/ITIN. Spouse is not required to have an ITIN unless they file a joint return. 

I was thinking that he could have filed as "married filing separately." It would've been a better option, and he could have still claimed dependents. But I think, for that, it is best that he contact a tax pro.

Now, before I moved to America to live with my then-fiancé, he tried to add me to his employer insurance so I would be covered the moment I set foot in the country. They refused saying they can't cover a person who does not live in the U.S., even in he claimed cohabitation/marriage. We had to wait until I came here and got a SSN. It is not about taxes, but health insurance coverage. Now, for life insurance, that might be another story. I imagine it is hard to show financial commingling when they other person is still living overseas, if that's indeed the OP's case. He hasn't commented on that yet.

Lemme see if I get this straight. He is talking about embassies and student visas being denied because of lack of ties (let alone a B visa), and the post shows it is about a spousal visa. Doesn't it mean that his wife still lives overseas? If that is the case, he cannot include her in his taxes as she is not a resident of the U.S. for tax purposes. You can't add a person who's not a resident and lives overseas as a dependent on any kind of insurance. Same goes for authorized users of credit cards.

OP, is this your case?

23 minutes ago, Ravos said:

No signature because it can cost possible delays from what I read on other forums. Or should I do it? Seems a better proof that I sent it than just tracking. I’ll continue researching I have 7 hours before post office opens.

You’re right: if they gave you a specific address in the notice of rejection, then do as they say. Use USPS in that case to deliver your package to a P.O. Box. Now, it’s up to you if you want to add a signature request upon delivery. It is useful in case that something happens and they say they never received anything. We used signed delivery for this package and always have for all the packages we’ve ever sent them (K-1, AOS), and we haven’t seen any delays. It’s just the person who picks up the stuff from their P.O. Box signs off on it; I don’t see how might put a delay on your case. And when I called earlier today to USCIS asking about my case (filed in early November but had not gotten any sort of notice), the agent asked me twice what I meant with "delivered." I explained to him that I had sent our package via certified mail and I had signed proof that they received it. Then he went on their system and looked up our case.

2 hours ago, Ravos said:

So I finshed printing and signing, checking rechecking my resubmission around 7pm. Right after I went t to FedEx to discover that they can't ship to P. O. Boxes. A bit of surprise to me but at least I purchased nice yellow envelope to send my package in it tomorrow by USPS. Any advice what shipping method should I choose? I'm thinking to send by Priority Mail Express. I'm not sure about certified mail who's gonna sign it if it's PO Box?

You can use FedEx and UPS to send your package. The USCIS website gives you a different address should you choose private companies (those can’t deliver to "Post Office boxes"). Just use a two-day delivery method, and don’t forget to use certified mail with signature request. But I agree with everyone: USPS has lost three of my Amazon purchases just in the last week, so you might be better off using a private service. Those poor USPS people are seriously understaffed and underfunded to handle the December surge.

5 hours ago, MariaUSA90 said:

I think it was just assumed that it was the N/A thing. But since @Fmert001 didn't get the rejection letter yet. We don't know for sure if it was the N/A. I wouldn't worry too much until we know more 🤷‍♀️ 

If they give you a receipt number, does it not mean your application was filed correctly?

I put “N/A” EVERYWHERE in our application. Each blank space has one. I became obsessed with it after reading about the people who had their apps rejected because they left blank space which didn’t apply to them. Yet just today we got our receipt number, and they said our check will be cashed.

An update for you all November filers!

I just hung up with an USCIS agent and our petition was processed last Friday (Dec. 11, 2020), but our check hasn’t been cashed (it’ll probably take a few days because banks, I guess). They received our application on Nov. 4, 2020, so it took them around 37 days to process. From what I read from all of you, it’s taking around 5-6 weeks for them to process apps at this point, and it’ll probably be a few more days after that to receive the NOAs.

13 hours ago, Rhode Island MB said:

Thank you! This is good to know. I am in MA as well with driver license expiring mid Dec - following my EAD end date, not GC end date. I was going to let it expiring and go in with USCIS extension letter once I got it. Now I may try to go in Dec with my Feb expiring greencard to see if I can get 1 year extension  @Alejandro_B Let me know if you have any luck. I will keep you posted as well!

I’m lucky the lady at our local DMV got confused or something. I had read everywhere online that they give you a driver’s license that is valid up to the expiration date on your green card. However, when I got my DL, it came out with an expiration date 10 years from the issuing date. Maybe she didn’t know how to handle it as I live in a rural area in central Florida, and they might not get a lot of conditional green cards. Hopefully, this won’t cause any issues, although I don’t know if I should renew my DL once I become a citizen. Does anyone know if you need to get a new DL when you become a citizen or they remove your conditions?

I'm relieved to know I am not alone in this 😪 

I was about to call USCIS because our package was received on Nov. 4, and we haven't received any texts or NOA, and the check hasn't been cashed yet (to this day, Dec. 3). Guess I'll give it a couple more weeks.

On 11/27/2020 at 11:42 AM, Lucky Cat said:

If a person is already in the US (B2, ESTA, etc.) , there is no USCIS 30/60/90 day rule and there is no risk regarding adjustment of status .  In addition, Adjustment of Status from ESTA is not prohibited for spouses of US citizens.  The 30/60/90 day rule is a myth which just never dies.  I have not seen a single case denied due to adjusting status within 90 days.  However, it is fraud to enter the US via a non-immigrant route with the intent to adjust status.  In other words, situations sometimes change after a person has entered.

In short, if a person is outside the US, then Adjustment of Status does not apply .  But, If a person has already entered the US, then adjustment of status is perfectly legal, and many here have done so.

It is not a rule, but a general guide that a lawyer told us about. I have a cousin here who overstayed her visa and is about to marry; there is absolutely no problem for her as far as her legal counsel told them, so I understand that. The problem arises if someone comes to the U.S. on a tourist visa, marries within the week and then applies for AOS; it would be hard to deny there was no intent there. Now, like I said, a previous post was right: her boyfriend can come, they can get married, and then he can return to France and start their spouse visa process. However, telling an immigration officer as he passes through the airport that he came to marry is gonna be huge red flag.

Lucky Cat is correct. However, should he decide to get married to you and not leave but stay and adjust status, there could be a path for that. I looked into it extensively not that long ago because my fiancé and I wanted to do the same, and I’d like you to have all the information.
 

Yes, marrying and staying and then trying to adjust status on a tourist visa could be seen as fraud because he entered the country to "tour," not to get married (something for which there is a separate visa category). But there seems to be some sort of general guide that USCIS uses like this: if you marry within the first couple of months, the adjustment of status will certainly be denied; if you marry after the first couple of months, they might allow adjustment it if there are extenuating circumstances; and if you marry after (I think) 3-4 months after his lawful entrance, and provided his stay has not expired, the government might not see that unfavorably and let him stay.

We decided against that route and ended up going the K-1 visa route because the whole thing hangs on how the USCIS agent sees your situation; it is entirely up to their discretion. So, it would be a risky move, especially since you mentioned your boyfriend came from France (thus I’m assuming he’s French), which means he probably entered through the visa waiver program and that’s a whole other can of worms. The best advice is, if you wanna marry soon, do it here and then let him return to his country and start the spousal visa route.

23 hours ago, American1955 said:

I was under the impression that AOS could be filed later, like in a couple of months from now. Finances are not as good now to pay the fees involved.

You are right, you can file for AOS later, even after the 90-day period has passed. As long as the marriage occurred within the 90-day period after entry (that is, before the date of expiry on her I-94, which you can pull up online at the CBP's website), a visa will always be available to her. You don't need to report the marriage to anyone. When you submit your AOS package, they will notice that the date on the marriage certificate (or certified copy of the marriage license) falls within the 90-day period her K visa gave you. The thing is, after the 90-day period is over, she would be an undocumented immigrant if you don't file for AOS. And if she gets into trouble, she might be deported. No, she won't be deported automatically after the 90-day period; just if she gets arrested or something. You should file for AOS as soon as you can; obviously, the sooner, the better. If you do have some financial hardship, she should just lay low and avoid interacting with the government until you can afford AOS. I attached an screenshot of the instructions for AOS where it clearly states a green card will always be available for her.

I hope you had gotten her SSN so you can file taxes as married (which can be advantageous if she didn't have an income or had a very low income last year). The fact someone is undocumented or an irregular immigrant does not mean they can't file taxes; on the contrary, even immigration courts (in the case of undocumented immigrants who have been apprehended) look at tax payments favorably when making decisions about removals. You could take advantage of the greater standard deduction for married couples filing jointly (assuming you married before December 31st, 2018). If she doesn't have a SSN, you can even file for a ITIN along with your tax return. That might give you a good tax refund, maybe even enough to help you guys with your paying the AOS. This would only be great if she had a very low or no income in her home country, since you would have to make the choice of electing to treat her as a US person (US resident) for tax purposes; that election means she would have to disclose her worldwide income in the tax return (that is her income in her home country for 2018 before coming to the US and any income she earned after arrival to the US). If you chose to treat her as a US resident for tax purposes, such tax return can only be filed via mail because you both would need to sign a letter expressing the choice. It's all on the IRS website.

34 minutes ago, Eric&Mirella said:

Scheduling the interview for those dates is impossible since the embassy in Caracas has openings every 4-8 weeks  and my interview is on March 1st.

Same in Colombia: they open their schedule two months at a time, and they won't open the second month until the first month is almost all booked. I got the packet 3/4 in October, 2017, and I just kept rescheduling every month, until March, 2018. The website we use in Colombia for scheduling interviews mentions that you can reschedule as many times as you need for up to one year after payment (for DS-160 interviews; one year after NOA2 for K-1, obviously).

At least try to contact them; you got nothing to lose. I used the email on their website for the US embassy in Bogota, and they answered me within a few days with a very specific response. After all, I just asked a very specific topic: do I need to ask for an extension for a K-1 notice of action approval that is expiring soon? Take a look at your packet 3/4 and the email (or physical letter) they sent you to see if it mentions anything about how long you have (mine did). Remember to put your "case number" (it starts with three letters; BGT for Colombia, I imagine something starting with C for Venezuela), full names and birth dates of both you and your fiancé in the email.

In any case, you should relax and just keep all your paperwork in order.

Congrats on your engagement, btw. Te deseo éxitos!

14 minutes ago, Boiler said:

You would be hard pushed to find an I 864 that had been enforced, never seen an I 134 enforced.

If you are right, then OP should not even worry for signing the affidavit in the first place. He should just get a prenup. Maybe he's got money and worries her fiancée might be a gold-digger.

Well, keep in mind that the expiry date on the NOA2 is not a hard date. You usually have one year after the date on the NOA2 for you to schedule and attend the interview. I can tell because at the US embassy in Bogota, they outright tell you in the emailed packet 3/4 that you have one year after the date of approval to attend your interview. I even contacted them (emailed the embassy) to make sure I didn't have to ask for an extension or anything, and their reply was that I didn't have to do anything. Maybe is very similar in Venezuela but obviously you should make sure by contacting them.

I can tell because my then fiancé and I also worked and couldn't make our company-approved holidays coincide. He finally traveled to Colombia for the interview which was scheduled for March 2018, and our NOA2 had expired the previous month, in February. So, you could contact the embassy in Caracas, ask for the specifics in whether you can and how to ask for an extension, and schedule the interview after July or August.

If you can't do that, well, just take a lot of evidence to your interview: pictures of the two of you, screenshots of chats, skyping sessions, phone records, passport stamps and plane tickets, hotel invoices, etc. You can make it a thick packet if you want.

58 minutes ago, Boiler said:

The I 134 is generally considered unenforceable.

 

Irregular? New one to me.

You are right, form I-134 is not legally binding, but that doesn't mean the government won't try to collect their money. Have you not ever heard of the IRS trying to collect money from someone they were not supposed to because of a "technicality"? It usually just takes a tax lawyer to yell at them on the phone and remind them about the rules, but the government will always try, believe me. Specially now with this president.

And hers would be an 'irregular' situation. If they marry but don't adjust her status, she would just be "out" of status. She would not be undocumented because she entered the US legally and should they marry within 90 days, she would have accomplished the purpose of her visa. And she has the potential green card available to her (if they ever decide to adjust status).

The instructions for the AOS from K-1 are clear in that the fiancée "will always have a green card available to" her as long as the marriage had happened within the 90 days after arrival. So, you could marry her before her I-94 expires and simply do nothing. After that period, she would be in an irregular immigration situation, but you guys could start the process of AOS at any moment later on (as long as the marriage had taken place within the 90-day period). Don't even try to submit the AOS package without the affidavit of support or without signing it; the lockbox facility would simply return the application.

Now, you signed an affidavit of support for the form I-129F: form I-134. If she got her K-1 visa approved, that means that for the embassy interview a signed form I-134 was presented. That means you are not off the hook with her. Even if you don't marry her and she stays irregularly in the US, if for some reason she applies for section 8 or receives food stamps or some other assistance, the US government will collect the money from you regardless. They can even take the money from your tax refund or even garnish your wages.

In any case, whether you sign the I-864 form or not, you already did sign an affidavit for the K-1 visa and if she stays, you will have the responsibility to support her. So, if you wanna be totally off the hook, your only option is to send her back.

23 minutes ago, gwt1971 said:

I spoke to her yesterday and asked for her passport and her response was she will get back to me and that was 24 hours ago. Have not heard from her since

Ok, I just read all these new messages. The first step to ask for a fiancée is to file form I-129F with ALL the documentation regarding your fiancée and yourself (copies of passports from BOTH of you and a bunch of evidence of your relationship and your tax returns and paycheck stubs, other forms, etc.); it is usually a thick packet. It can only be done from the US (with a few exceeptions for military personnel stationed abroad, I think) by the petitioner (you). You are the one required to fill out and sign all the paperwork. I actually had to travel to my (then) fiancé in Florida and spend a few weeks there with him gathering all the paperwork and filing. Along with that, you also submit a payment (a check) to USCIS. My point is that whole process is supposed to be done by you alone. And you’re the one to get ALL the NOAs. If your fiancée said she did it all herself from Colombia, you might’ve been scammed.

Also, when trying to get any information regarding your case from the Colombian embassy, you must submit your NVC case number and names and birth dates of both of you. It’s all on the government’s website and on the embassy’s website.

In Colombia, you have two forms of payment for the embassy interview: credit card (which is instant) and bank deposit. The bank deposit can take days. I have experience after going to that embassy four times before (3 attempts at getting a visitor visa) and those have always been the only two options, and the bank deposit is a PAIN. If you two have enough trust, you should’ve just given her your credit card info. After you put that information, the website immediately lets you schedule and your fiancée gets an email with the receipt number (and you can also track the payment on your credit card website). That’s what my (now) husband and I did.

When she chooses bank deposit (it used to be Helm bank but that one is gone from Colombia, so they now use Itaú bank), the website gives her the option to print a barcode (or form number) and information to take to the bank in person and make the deposit. At the bank, she must have received a paper deposit receipt. The bank payment option is slow and a friend who chose that for her visitor visa had to wait almost two weeks (that was just a couple of years ago, though) for the website to recognize the payment number the bank gave her (that payment number must be typed on the interview scheduling website in order to continue the process). For the bank payment method, your fiancée won’t get any email confirmation for the payment but her only evidence is the receipt she gets from the bank. You can ask her to send you a picture of it.

Also, when the K visa process is at the embassy stage, the receipt number that USCIS gives you on your NOAs no longer applies because embassies are under the administration of the National Visa Center (of the Department of State), while USCIS is an agency of the DHS. For the embassy stage, they use a CASE NUMBER that your fiancée must have received in the emails the embassy sent her. Such number usually starts with the letters BGTxxxxx. That’s what you should use when calling the embassy or contacting the NVC.

For future references, just try to keep a folder with ALL your visa process documentation and bring it with you to ANY place where you’re required to go by the US government. One just never knows when it might come handy. Doing that certainly has saved me at least twice of getting things all messed up, one of those times being precisely going to my biometrics and being asked for my marriage certificate (I had brought the whole thing just in case). That’s why the lady at the counter said to me what I explained before; she was surprised I had brought the document.

That’s very odd. In Tampa, I was actually told by the lady at counter who organizes everyone for their biometrics (she was really talkative and friendly) that many people send their paperwork with their new married name and then forget to bring their marriage certificate for the biometrics to justify why their passport shows a different name than the one on the appointment letter. She told me she would send them back to reschedule the biometrics. I guess you should call USCIS and explain your situation as to me it seems odd. If you sent your AOS application on your new name (and you put your maiden name in the spaces for “other names used”), the NOA and the appointment letter should’ve come on your married name and they should not have been able to change it back to maiden name. Maybe they used your alien number, as that one doesn’t change since you were assigned one during your K visa stage. In that case, in the interview the agent will ask you about the confusion if any was reported. Maybe it was all done under your alien number. Just give them a call to make sure.

1 hour ago, Bmc&Cah said:

Muchisimas gracias por la informacion. EL llego el dia 15 de diciembre. Todavia estamos en la espera de la green card, la residencia de el es por medio de su hijo ciudadano.  Primero Dios iremos la semana que viene al seguro social.

Gracias por contestar y compartir la informacion.

De nada! Por último, te aconsejo que lleve los documentos del proceso de visado, como los formularios "notice of action" y hasta el registro civil del hijo por medio del cual obtuvo el visado. Nunca está de más llevarlos por si acaso.

De todas formas, tengo entendido que en caso de las visas IR, cuando llenaron el formulario, hay una opción para que la tarjeta de seguridad social le llegue automáticamente, sin necesidad de ir a pedir una. En todo caso, no les quita nada ir a la oficina e indagar.

Éxitos!

Just to clarify for you, the proof of medical examination the form I-485 instructions mention that you should submit is just a generic requirement for all the types of visas that can adjust status using form I-485. Since our specific type of visa, the K-1 visa, requires to have such medical exam performed before entering the US, when you submit your AOS package, there is absolutely no need to include any medical records or forms I-693 with it.

It’s just sometimes including unnecessary extra paperwork might actually delay the whole process instead of helping.

In any case, @Sara F., don’t worry. The fact your fiancé was given the copy of his vaccination records (form DS-3025) at the port of entry means the original was included in the sealed package he surrendered. I don’t even know why the doctor didn’t give your fiancé that copy after the medical examination, along with his X-ray. Those were given to me after I went to the doctor's appointment in Colombia. Actually, the packet 3/4 PDF they sent to my email from the embassy specifically mentioned not to bring the X-Ray to the embassy interview, only the sealed package from the doctor's office.

11 hours ago, S_And_J said:

 

The I-693 instructions state: 

 

It continues:

While this can be interpreted to mean that they should hopefully have the DS-3025 available, if the original poster didn't complete the vaccination part of the medical then they are required to get those specific sections of Form I-693 complete before sending their AOS package in.

 

Alternatively, if they have a completed DS-3025 that acts as proof that they have complied with the vaccination requirements, I really don't see how that would harm their case to submit a copy of it with their AOS packet.

I believe this might not be a correct interpretation. I uploaded two images. The first one corresponds to the instructions for form I-485. It says that it’s not necessary to submit any medical examination along with the AOS package and the foreigner can present any medical evidence at the moment of the interview. But only mentions a I-693 as such evidence, not parts of it (form DS-3025 is just a part of the form I-693 the doctor fills, and the form DS-3025 the immigrant is given by their doctor is merely a copy of the original).

The second image is from the instructions for form I-693. Though it does clearly states that the immigrant must show proof of vaccination records, it means that such proof is the one included with the sealed form I-693 their doctor gave them for the embassy and that they surrendered at the point of entry. Immigrants must show such proof but it should already be included within the form I-693 in the packet the embassy gave them to surrender at the POE. The USCIS agent will see that proof included in their documents at the moment of interview. Moreover, the instructions clearly say that if the vaccination record is incomplete (maybe a year passed and the previous medical exam expired, or the doctor didn’t fill it out correctly), a new medical examination by a civil surgeon to complete just that requisite alone would be necessary. It doesn’t mention absolutely anything about the intending immigrant being able to submit or show their copy of form DS-3025 in case the vaccination records in the I-693 are wrong. A whole new medical exam would be necessary.

2 hours ago, payxibka said:

SSA as of recent, will not issue or change the ssn name to a name that does not match current approved immigration paperwork .  Save yourself the hassle,  you will simply get frustrated.  Get it in your maiden name and change it later 

That’s odd. As I mentioned, I was able to get my name change. The problem was they did not send me a replacement SS card on my new name, but the letter the social security administration sent me was addressed on my new name. The letter I was given initially at the office after the name change (the one that says they will have first check your immigration status before issuing a new SS card) also had my new name.

2 hours ago, jbpshsu said:

If done in the married name, does she need to bring the marriage license?

Yes, bring your marriage certificate to every place and for anything immigration related. Specially if you guys submit the AOS package with her new name. Then all the NOAs will come in her new name and when you go to any government office, she will have to show her passport and the name there won’t coincide the name on the NOA (for biometrics, interview, etc.), so she’ll have to show the marriage license. Actually, the counter lady at my biometrics appointment commented how frequent was for K couples to change names and then show up without their marriage license.

She’ll have to carry and show her marriage license for other stuff, like banks. From personal experience, banks asked for my passport but I always had to submit my marriage certificate too because I wanted everything on my new name. Until she has a green card or a drivers license, both of which work as IDs, she’ll have to show her marriage certificate along with her passport. Even then, she’ll have to carry her marriage certificate (or a certified copy) if she travels overseas, regardless if she already has a green card or advance parole. The problem would be she would need to show her passport as that’s her travel document at the port of entry. Showing her green card with a name different to that on her passport won’t do it. She will have to show the marriage certificate where CBP officers can justify why the passport and the green card or advance parole name are different.

Again, the SSN experience varies by office. Nothing stops you from just going with all your paperwork and trying.

Also, this is the website you should use to retrieve the most recent I-94: https://i94.cbp.dhs.gov/I94/#/recent-search

If the form it pulls up doesn’t show her most recent entrance, wait a couple of days. They usually take around two weeks to update records. Not taking into account the government shutdown and CBP working with only essential personnel.