BradandKaneko

7 hours ago, OldUser said:

Smart

You realize, B1/B2 are not guaranteed?

They for sure are not. However, she and I have significant ties to Guatemala,  here with a home, restaurant we own, etc. 
Her family has had visas for three decades, her father was part of the Japanese embassy, and so on. So while it's not guaranteed, we aren't so worried about that. 

EIther way though, visa or not, we want to give up the green card as for sure we can't travel to the states at least comfrotably, with her being gone that long. 

I'm a little confused with this. We no longer live in the US, so my wife would like to surrender her Green Card. We intend to apply for a tourist visa, which she had for many years prior to us relocating to the states (and since have left, as mentioned). 
She has the physical green card, which she would like to surrender. I assumed we could do this at the embassy, in Guatemala. However, it claims in very rare circumstances. 

What would be the proper path? Would be send in the green card to the address here? I believe these rules may have changed back on June 16th in general, and prior to that you could go to a US embassy to perform this. 


I don't trust AI etc. so trying to see if this is accurate:

 

Recommended Approach:

1. Apply for B-2 tourist visa first at a US consulate in your current country
2. Submit Form I-407 by mail to USCIS rather than risking entry issues
3. If you need immediate proof of abandonment, contact the nearest US consulate to ask about in-person Form I-407 submission

Alternative: She could simply apply for the tourist visa and not worry about formally filing I-407, since her prolonged absence likely already constitutes abandonment in practice.

Thanks!

Hope this is the right forum for the question. We've googled it but honestly coming up with different answers. 
My spouse got her Green Card about two weeks ago after a long process. So as excited as we are, we had never needed her to work, so she didn't have a work permit. 
Now though for certain things, she needs a SSN#.  We called our local office but they were not sure of the answer as to wether this happens automatically, or will we need 
to actually apply for one? 

 

So this isn't a glitch. We received an interview canceled message and it was due to Covid, even though we never had an interview scheduled. That was back around Feb/March. 
We then got a message they were going to schedule an interview. 6 months later, it finally happened and we were approved. 
BTW, call USCIS and inquire just to be sure rather than take random advice from random guys like me! That's what I did when ours happened and they explained everything. 

I did it for 5 years personally and never had a problem. We are looking for solutions and this is the best so that's the route we are going to go...

So our current plan is to travel outside the United States for a few days to ensure she doesn't overstay, if Guatemala doesn't open flights by then. Mexico, Canada, Jamaica, Belize, Trinidad, whatever is least expensive and safe at that time. We looked at extending the Visa but we just don't trust the process with all the uncertainty.  

Well Covid kind of stopped everything so..

Ah didn't see this thread so I will try here.. what form do you use for the B2 visa extension? My mother in law is here, and cannot return as Guatemala has it's borders closed for flights. 

My Mother in law is stuck here due to COVID-19. SHe has a visitor visa and was going to stay for two weeks, until covid hit.  She is from Guatemala and they have closed their borders to all international flights. It was a same day notice, so no chance for her to return unfortunately. Regardless, Hopefully that will change in the next month or so (the flights)  but, given that they recently put even harsher restrictions on their own citizens around quarantine, we don't have high hopes of that happening anytime soon. 
To be safe, we want to know what form or process we would follow to ask for permission for her to stay longer, so she doesn't break any rules. 

 

Oh wow, very nice to hear. 

I have a friend who is here seeking political asylum. He has work authorization, etc. and also tells me he has an actual SSN along with his family. 
He is a gig worker and lost his job due to COVID 19. He is concerned if he takes unemployment (the bill allows it for self employed and gig workers) they will be denied their residency in the future through this process. 

I am pretty confident that would not be a reason to be denied as unemployment is more like insurance.  

Any thoughts? I wasn't aware you received an actual SSN during that process but have zero experience with it. 

I didn't get a mailing on this, but I did see an update online as I just randomly checked our case last night:
"As of February 26, 2020, we are ready to schedule your Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number MSCXXXXXXXXXX, for an interview. We will schedule your interview and send you a notice."

Is there a general time frame at this stage or does it depend on the local UCS office time frames? Hoping that this meant it's just a few weeks, but considering how long the process has taken, I don't want to get our hopes up.

BTW, I talked to a TSA agent last week. Thankfully as long as her passport has been expired for less than 1 year, she can travel with it. 
Apparently that's their guidelines throughout the US so won't be an issue. 

My wife's passport expired and she is currently her on an AOS (adjustment of status).  The renewal process is pretty lengthy we have found out, up to a year here sadly. 
Does anyone know if you can travel with an expired passport within the US if you have other valid ID as well, for example a DPI (government issued ID from guate) and Guatemalan license. 

 

Yes and I see how the answer was so much different based on the B2 Visa type... so thanks!

I get the confusion. I thought you were asking what Visa she applied for. SHe is here in the states under a tourist Visa.  She qualifies, we made sure of that with the attorney, etc. 

If I am confused, then I apologize. You asked me what type of visa? It is not a K1. We were married in Guatemala. She applied for a Visa using the I-130 process. So I assume, it is an I-130 Visa. It was me filling out the petition for my alien relative. We are now adjusting that status. What am I missing that I am not providing you and making you so upseT?

14 minutes ago, missileman said:

I'm not really sure why you refuse to answer my question........I'm just trying to make sure your post is in the right area.....Is she adjusting from a K-1, a B2, F-1, VWP???

 I am NOT refusing to answer your question. What is confusing about my response? It is an 1-130 application, I-130, Petition for Alien Relative.... 

I am really looking for the answer on the income, I understand the process for the AOS. We have consulted an attorney as well previously, just not wanting to spend 5K on her fees to do the process.
So if you have info on the would appreciate it. 

She is under an I-130 petition for an alien relative... spouse. 

She is applying for an adjustment of status.
Looking for more information specifically though on the Affidavit of Support and the tax return requirement from form I-864.

We are currently filing for an adjustment of status, however, I do not have my last years tax return as I filed an extension. I do this virtually every year, as I do not owe, and procrastinate on it in general. 
I have a very healthy level of income, and I have the prior two years returns, the form and letter from my CPA showing the extension, and my W-2s from last year. 

The I-864 states "must be included" for the previous year, and the prior years are optional. My question is, if I am showing adequate income and the prior two years, etc. would this likely be accepted? 
We just recently decided to go the AOS route as the K1 visa just finally made it through the first stage after a year, and it looks like another six months before that is done. 

The nebraska time lines just got modified and are now showing 9.5 to 12 months from 7.5 to 10. 
This is for the i130 at least, not sure on others.  

Ours was received June 5, 2018 so I am a little bit behind you (or in front depending on your viewpoint). I'm not getting too excited at this point. The processing times on the website recently changed from 7.5 - 10 months, to 9.5-12 months. 
Oddly if you are a permanent resident filing a 130 it is faster than a US citizen filing. 

Regardless, I'm just telling myself that it is going to take a year and some change (for non native English speakers, that means a bit more). 

I see many posts from you on the same subject. The reality is, no matter how many times you ask it, or how many different ways, the process isn't fast. It is never clear. Some people win the lottery and get processed in just a few months, some people miss luck all together and it takes much much longer than advertised. 
I would get comfortable in your mind that it will take 12-14 months, and if it is sooner, well then you can celebrate! :)