Jun2580

22 minutes ago, TNJ17 said:

This is not standard at all. They definitely suspected fraud. Most interviews are just a couple of questions for formality. I don’t mean to offend by what I’m about to say but please don’t say this is normal on a forum like this. You’re scaring people saying this is normal. This is not normal procedure. For whatever reason, and that is no one’s business, they suspected you weren’t a real couple. This is the procedure when they think the relationship isn’t genuine. A standard aos interview is nothing but a couple of questions and basically just looking over paperwork with the couple together. 

When you said "looking over paperwork with the couple together", are you saying, normally the couple won't get separated?  If that's what you meant, that is not necessarily true. My lawyer had told me in advance that almost all couples my lawyer had seen in his clients got separated in this USCIS. It is located in Louisville Kentucky.

When I got there, I saw 4-5 couples ahead of us, and they all got separated too! Always the US spouse got called in first, and then after 10-20 min, the international spouse got called in.

10 minutes ago, ThomasNC1988 said:

That's not typical. They suspected fraud for some reason most likely. Happens sometimes though.

I doubt that is the case. My immigration lawyer had told me that in this specific USCIS I had to do the interview at, all couples get separated regardless. It seems like this is how they do it here. So, I wasn't surprised when we had a separate interview.

14 hours ago, geowrian said:

1) Denial? No, I wouldn't worry about that. Possibly an RFE at worst, and even then it seems a little unlikely. Does he have an employment letter at least?

 

2) Since you filed jointly, either one of you can request it. Neither of you have any identity proofing documents? If not, then yeah, you will need tro have it mailed OR just skip the transcripts and provide the 1040/1040EZ + supporting schedules.

Yes, only most recent year is fine.

 

3) There's 2 separate income type fields on the I-864. One is for current income. This is how much you expect to earn in a 12 month period, and will be supported by your pay stubs / employment letters. The other type is your income as reported on your past 3 tax returns. These are copy/pasted from your income tax returns. Presumably they haven't changed from your original I-864 submitted with the I-485 packet (unless you amended taxes since filing).

How much he made previously in the year is irrelevant. They are asking for current income, which is what he expects to make in a 12 month period. So weekly paystub * 52 weeks = current income (or if bi-weekly paychecks then multiple by 26 pay periods instead).

 

Edit: Some examples

1) If I work for the first 6 months of a year then get laid off, my current income is $0.

2) If i don't work for the first 6 months  of a year then get hired making $50k/year, then my current annual income is $50k.

3) I am a bit confused on this one. I am looking at I864, but I don't know which part you are referring to by "current income".

Also, in this case, can I skip the tax return information part? Also, this document was initially prepared by my lawyer, and I am not sure what he entered in the 2nd Most Recent and 3rd Most Recent income.. for the past 3 years. because we only provided the most recent tax return.... Or can you skip this at all?

15 minutes ago, geowrian said:

1) I would try to find it or get a new copy if you are claiming any of her income on the new I-864. They need evidence to support any income on the I-864.

 

2) You can download and print a tax transcript within minutes. No need to have it mailed.

If not doing a transcript, then you need the 1040 (whatever version you filed, such as 1040EZ) + all supporting schedules (W-2s, 1099s, etc.). That will suffice for showing taxes.

 

3) A new I-864 may or may not be requested by the IO. Typically (but not always) they ask if there are any changes on the forms or employment. If so, they may request a new I-864. It's better to have one ready in case that happens versus not having it and getting an RFE to send it afterwards. As noted, no need to present the new I-864 unless asked.

 

4) The new I-864 is precautionary. It's probably not going to be needed based on what you stated, but better to have it and not need it than to not have it. At least that's my take on the process.

It's not that his income won't be considered, just that it's not sufficient in itself.  But I would always advise having supporting documentation for any income or assets being claimed on the I-864. If both incomes are stated, then evidence of both incomes should be provided. If only yours was being listed, then only your evidence is required (plus her tax return copy, as required for any I-864 sponsor).

1) OKay, I will try to find it... but what could happen at the interview if we could not find the paystub? He will be getting a new paystub on that interview date, but waiting for the paystub will make us get to the interview late. So if we can't find it, we will have to go without any pay stub from his new employment. Could it lead to a denial on our case, solely because of this missing document?

2) To get a transcript online, you need to create an account first. But it asks for credit Card, student loan, mortgage, or auto loan to verify your identity. Unforutnately, we don't have an account, and we don't have any of these, and so we cannot create an account. So the only option to get a transcript is by mail, which we don't have time for.  We will take the 1040ez, and W2's from both of us for 2017 only.  (Only the most recent year return will suffice, rigtht?)

3)4) Since my lawyer cannot have time by the interview, if we do want a new I864, we will need to make one ourselves. Now, I864 asks for how much income we made in the previous year etc,,, how can we provide that information though?

We applied for AOS in April 2018, and my US spouse was working for employer A. And he quit in June 2018, and he got hired by employer B in August 2018. And in September we got an interview notice letter. Also, since he didn't keep any pay stub and did random overtime work, we are uncertain how much he has made so far since the hire date. Could we just guesstimate how much he has made based on his hourly rate? 

Just now, missileman said:

If they asked for an original, you MUST provide the original or a certified copy......

Im afraid they might keep my only original marriage license...

14 minutes ago, geowrian said:

1) Three years is not required, and wouldn't be that useful in your case IMO. The pay stubs plus an employment letter should be sufficient for current income evidence.

2) Whether you field jointly or separately doesn't matter to immigration. That's a personal tax liability decision. But a tax transcript would be the simplest way to show a tax return (https://www.irs.gov/individuals/get-transcript).

3) I would have a a new I-864 ready along with the updated supporting documentation. Don't present it unless asked.

4) If you have an immigration attorney, what did they say to do? Barring a reason not to believe them, I would start there.

1) Okay, I will take my stub and employment letter (even though we submitted them when we applied for AOS). But the thing is, my spouse is a VERY disorganized person, and he lost his last pay stub. For I864 purposes, mostly my income is considered, but do we still need my spouse's paystub and employment letter?

2) I know this is our fault, but since we are less than a week away from the interview, requesting a tax script will not help us get it by the interview... so we are planning to take with us to the interview that tax return forms we have that we got from tax preparing agency. We have 1040ez, but do you think this can be used as proof that we both filed tax return in 2017?

3) Do you think it would look bad if we didn't have an updated I864? Since my lawyer cannot have time anymore before the interview, we are concerned now.

4) My lawyer seems to be very optimistic with our case, and just told me to bring my pay stub, my employment letter, and whatever tax documents I got from tax preparing agency. He said I dont even need to bring my spouse's pay stub and employment letter because his income is too low anyway, and only my income is considered. He didnt even mention a new I864...  

I have an AOS interview coming up within a  week, and our case is based on marriage.

I currently work under STEM OPT, and I make more than $60000 by myself, and my spouse makes less than what the 125% of poverty guideline says.

We have an immigration lawyer, and he told us that since my income is way more than the 125%, we can use my income for I864 purposes, and that way we don't even need to find a joint sponsor.

So we submitted both of our pay stub and tax return for 2017 (We filed it together as a married couple). We did not submit the tax return of past 3 years. We only submitted the most recent year's only (2017).

We did not get RFE.

Now come my questions.

1) Is it going to be a problem that we did not submit 3 year tax returns? We only submitted the most recent one only.

2) Which form can be used as proof that we filed the tax return jointly for 2017?  Can I use 1040EZ?

3) My spouse changed his job after we applied for AOS, and he makes even less now. I have had the same job and I still make the same amount. Do we both need to bring our pay stub, employment letter, etc?

1 minute ago, little immigrant said:

I'm in the same dilemma. I made a copy of the marriage certificate and I will bring both original and copy. 

Certified copy or photocopy?

7 minutes ago, missileman said:

If the marriage "license" is also the marriage certificate, then the original will suffice.....a marriage license allows you to marry...a marriage certificate states that you are married...you need an original document.....not a copy that you made.

Yup I called the county court where we got married, and they said that in that state, marriage license and marriage certificate is the same piece of paper. The marriage license will serve as marriage certificate once the judge has signed it, and that is exactly what I have.

So bringing the original will suffice, right?

I have an AOS interview coming up in a few days. I was on F1 and I got married to a US citizen, so this is an AOS based on marriage.

I was collecting all required documents listed in the Notice of Action for Interview, and I realized it says "Certified Copy of Marriage Document". 

We got married in a county court, and we got our marriage license signed by the judge who married us.

The problem is, we dont live in the same state where we got married anymore, so we cannot just physically visit there to ask for a certified copy. We cannot also ask for them on the phone because it would take some days for them to mail it, and we won't have it by the interview date.

Could we just bring the original marriage license signed by the judge? I am going to take a "photocopy" of it in case.

I have an AOS interview coming up very soon, and I have a question.

I was on F1 for a total of 5 years, and I renewed my I-20 a couple of times. After graduation, I got a job and I have been working with STEM OPT, and I have a US spouse, with whom I am attending the interview.

Now I have this I-797 for the interview, and it says "All immigration-related documentation ever issued to you, including any EAD and any authorization for Advance Parole)"

My question is, do I need to take with me all of the previous I-20s? I don't even know if I have the very first one like from 4-5 years ago. I do have my latest I-20 (original) which has the OPT recommendation. 

I mean, do they even really need those old I-20s which seem very unrelated to my AOS case? If some are missing, could it lead to a denial?

7 minutes ago, AtlToBlr said:

Birth Certificate should be enough. We were asked for the same thing on the letter but I was born outside of USA so I took my original Naturalization Certificate. In the end, they did not even ask for it. 
Does your spouse have a US passport too? If yes, I would take that as well. If not, your birth certificate should be enough. Just take the original and a copy with you. 
 

My US-citizen spouse does not have passport because he has never traveled outside the US... so we can only submit the birth certificate at this point.

But thank you for your information, it makes me reiieved!

15 hours ago, AtlToBlr said:

Hey. I will be uploading our experience but I'll share here first. 

 

Honestly, we weren't asked a lot. The officer took us in, made us take the oath that we will tell the truth. 

 

Asked us to sit down and asked us whether we have any updates on the lease (we had recently changed our address and updated it on the website). We gave her a copy of the new lease. She then quickly looked at it and asked if there are any updates we would like to give. So we took out all the updates to the stuff we sent with the application. You know, updates bank statements, updated prints of retirement accounts, etc. She breifly looked through the docs and made some copies.

 

 

We asked her if she would like to see our wedding album and she said she has more than enough evidence.

 

She then quickly went through our I-130 and I-485 (the only question she directly asked me was what day I, the USC was born on). she noted the address change on the forms.

She also went through all the yes or no questions with my wife. The ones that ask you if you're a communist or whether you'd conspire against the government, etc. 

 

She then told my wife that she thinks she has all she needs and that we can expect the 10 year green card in 3 weeks (we've been married over 3 years).

 

Thats it! We thanked her for her time and thanked her for how painless the interview was. She said that we made it easy with all the information we had sent with the application. 

 

And that was it! The status online was changed to card under production on the same day.

 

 

Honestly the best thing is to try to relax. We were both pretty anxious before the interview but in the end we didn't really have anything to worry about. 

 

Let me know if you have any questions!

 

 

Hi! I am happy for you that the interview went smoothly and simply!

I have a question for you, actually. Our interview notice says under "You must bring the following items with you", Your spouse's birth certificate and your spouse's evidence of United States Citizenship or Lawful Permanent Resident status.

What does the second half mean, "Your spouse's evidence of US Citizenship" ? I am the foreigner, and my spouse is a US citizen, and we have his birth certificate, which I thought would be enough evidence that he is a US citizen.

Is there anything else to prove that he is a US citizen?

On 10/10/2018 at 9:46 AM, AtlToBlr said:

Just want to add to this. My wife was in the same situation. She applied for her OPT and OPT extension while married to me. 
We applied for AOS after extension was granted. Had our interview yesterday for the AOS and got approved. 

Fear not, you are in the clear. 

May I ask what the interview questions were? I have my AOS interview coming up next week!!

1 hour ago, Summerbear86 said:

did your opt extension get approved with no problem? I have the same concern.

Yes! It took a long while though.

I applied for STEM OPT extension at the beginning of December 2017. 

My initial OPT expired in January 2018.

I got a notice saying I have been approved for STEM OPT extension in March 2018. 

I got my EAD in April 2018.

So I had to go for about 3 months after my initial OPT expired, and before I got my STEM EAD. But luckily, you can stay in this "gap" for up to 180 days as long as you have timely applied for STEM OPT!

Do not worry! You should be fine!

How long is I-693 form (filled by a doctor/civil surgeon in a sealed envelop) valid?

I am on F1 working under OPT, and I got married to a US citizen more than a year ago.

We have applied for AOS through a lawyer, and he submitted all documents except for I-693, saying I can just get the medical check done by the time of the AOS interview. 

A few days ago, we got a courtesy letter from USCIS saying I-693 is missing, and we need to bring it with us to the interview. 

I have not completed the medical checkup because I wasn't sure how soon the interview will take place. We have not even received an interview date notice. 

But I am thinking receiving this letter from USCIS means I might have the interview coming up soon? and I want to get done with the medical test and have the I-693 ready. 

HOWEVER, I am also worried that if I get the I-693 completed, and have it ready now, and say I won't get the interview date for half a year from now. Does that make my I-693 invalid? How long is it valid? 

I don't wanna do it too soon if it has expiration. 

1 hour ago, Lupigirl said:

For the I-485, it really depends on your specific field office.  I’ve been waiting for 16 months so far, here in Phoenix.

 

EAD’s are processed centrally and are currently taking about 6 months.  I got my original EAD in 3 months last year, but recently spoke to a USCIS Representative about my renewal EAD (it’s been 4.5 months since I applied to renew) and was told 6 months is  the norm now.  

You have been waiting for 16 months!?! AOS through marriage?

I understand USCIS is busy with so many applications,, but why do they need such a long time????? All my friends have gotten their GC through marriage within a year.... 

I am on F1 and I got married to my boyfriend of 3+ years. He is a US citizen.  We applied for AOS about a year after the marriage, so we have been together for more than 4-5 years now. 

We applied for AOS back in April 2018, and I got a notice that they received our packet on May 1. Then I got a biometrics notice two weeks later, and I got my fingerprints taken at the beginning of June. 

Since then, we have not heard from USCIS at all. We haven't gotten any RFE, notice, or anything. Nothing. At the end of June, the USCIS case status changed to "Fingerprints review completed." 

It has been over 4 months now, but I haven't even gotten my EAD. Is this normal to take this long, even to receive an EAD?

Right now I am working under OPT

On 8/21/2018 at 4:16 AM, USC4SPOUSE said:

Most couple use a joint checking account to run the household. So if you split rent and utilities 50/50. Then you each deposit your share and pay for rent or bills using that account. They also like to see that your salary is direct deposited to that checking account. Even if you withdraw 70% of it and deposit into your personal savings, that's fine. 

Since you are adjusting from F-1, i would focus on showing longevity of your relationship. Evidence of bona fide marriage does not mean evidence since the date of the marriage. You can start with receipts and text messages since the time you met. Especially if you filed right after getting married, you don't want USCIS thinking that you met on Monday, married on Tuesday and filed for your Green Card on Wednesday.

 

Google this in quotations "Links: Evidence of bona fide marriage for I-130/I-485 filing & interview tips" 

It will be first file. Go to the most recent post 08-21-18 by USCitizenFilingForSpouse (me). Focus on the first 3 examples of Table of contents. You will get a lot of ideas on how to stage your evidence. 

 

Remember that ALL evidence is required at the time of filing per page 3 of 12 of the I-130 instructions. 

My question is, is joint bank account a MUST to prove a bona fide relationship? 

I understand that a joint bank account can be a powerful evidence, but as I mentioned in my original question, I need to save for my parent, but I refuse to share the same account with my spouse because I know his bad habit of overspending. Me telling him not to spend the money I saved for my mom, will not stop him from spending that money, and I know it. 

But instead, I have kept all receipts since marriage whenever we went out together. Even if we made payments separately, I kept both of our receipts from those times to show that we went out together. (Due to financial situations we are in, it is not always easy for one of us to pay for both, so for example, when we go eat out at a restaurant, we pay with a separate check, but we keep both parties's receipts to show we went on a date and ate together.) 

Also, I have lease agreement, insurances (car, health, etc) with both of our names on them, all bills with both of our names listed.  I am also planning to screenshot our old texts from 2013, 2014, 2015, 2016, 2017 to prove we have been texting almost every day. Also old photos of us together etc.

Do you think these will suffice? Or a joint bank account a mandatory no matter what????

P.S. We were together for 3.5 years before marriage. About 1 year after the marriage, we applied for AOS. (Still pending)

I was wondering what will happen if you don't have your I693 ready before the AOS interview.

Let's say you have sent in all other required documents and the only thing left required to send is I693. My lawyer told me I don't need to send it as long as you can take it with you on the interview date.

What will happen if my doctor cannot give me the I693 on time because he is on a long vacation or something and the interview date arrives first...

Does this mean an instant denial without having any choice? Or will the interview still take place and you will be asked to send the I693 immediately once ready, until which you cannot get the result of the interview?

2 minutes ago, geowrian said:

Yes, you can change jobs just fine. What that statement means is your employment is not likely to no longer be available after getting the green card. This typically applies to people overseas, although sometimes applies for people working in various statuses within the US (i.e. students on an F-1 working on campus).

How about OPT? I am on STEM OPT, and it does have an expiration. I started in January 2018, so my current OPT will end in January 2020, OR if I stay unemployed for more than 150 days. I hope this won't apply to "your employment is not likely to no longer be available after getting the GC"

54 minutes ago, geowrian said:

Great. Yes, that can work for an I-864 (so long as the income continues form the same source upon getting green card).

I know this leads to another question but what does "as long as the income continues from the same source" really mean?

I know I work on STEM OPT, and I am not quitting yet, but once I successfully obtain my green card, can I quit and get a different job? I want to move to a different state for a better paying job, but this "as long as the income continues from the same source" in I864 instruction scared me and I am forced to think I have to stay in this company forever.

I am actually using my own income from OPT for I864 purposes because my husband doesnt make enough. My lawyer said he can use my income... 

3 minutes ago, geowrian said:

I personally wouldn't focus on the bank account issue. The concern is raising awareness to poor spending habits and virtually no balance in the account may make them worry about the public charge concern. It's better, IMO, not to raise the issue just in case.

I would instead direct them towards bills of you living together - utility bills, rent/mortgage payments, insurance coverage / beneficiaries, etc.

Do you think it is a good idea to bring my own checking account's history and current balance? I am the international spouse, but I have a better paying job than my husband, and I save 70% of my income, so I have a pretty good balance after only 1.5 years of working. I just want to show anything to prove that I am not financially low, and I don't need to rely on public charge. 

Yes I have kept all light/water/gas bills with both of our names on them each month, rent payment receipts I can print off the online portal website, and also the physical copy of the rental agreement with both of our names on it. Also car insurance and health insurance I have that list his name as well. Are these considered pretty good enough? I was thinking a joint bank account was a must, so I was freaking out.