James Joyce

My wife and I have her adjustment of status interview next week. She initially came here on a k-1 and we married earlier this year. I am aware of all the new documents I need to bring, to prove bona fide marriage. My question is, do I need to bring copies of previous documents, such as what we submitted for AOS and the K-1? Say, for example the 864 I submitted with the AOS? Do I need to bring it again, or is it fine to just bring new, necessary documents they haven't received yet?

Hello,

My wife immigrated to the U.S. middle of this year on a k-1 and we married a few weeks after her arrival. We filed for adjustment of status and are awaiting our interview. We are going to file taxes jointly for 2019. My question I have is, is the income my wife earned abroad (in Sweden) PRIOR to her immigrating on her k-1 taxed in the U.S.? She worked January & February in Sweden before immigrating to the U.S. in April, and she payed taxes on this income in Sweden (where she was a legal resident at the time). We are planning to get an accountant, but I am trying to roughly figure out now the amounts we'll owe for financial reasons.

So two questions really: (1) does her pre-immigration income get taxed here, and (2) does her pre-immigration income count as part of our gross adjusted income?

Thanks so much!

Hello,

My wife came to the U.S. on a K-1 and we married this past March and applied for Adjustment of Status. We have been living in Connecticut in a house owned by my parents but this past month my wife started a job in NYC so we rented an apartment in NY to be closer to her work. We now have an appointment for our interview in Connecticut, and I am wondering if we can still do this interview in Connecticut? My drivers license is still in CT and we will file taxes in CT, but we also now are staying at this secondary apartment an hour away. Will this be a problem? We really don't want to change our case to NYC since we have an interview this month and NYC is so back logged. Plus we still have and use this house in CT, just not full time currently.

My wife came over on a K-1 and we married this month and just submitted our AOS application. Today I added her to my healthcare plan via Healthcare.gov. After it went through they said we need to submit documents to show proof of her immigration status. What documents should we exactly send? I am surprised they don't ask for a marriage certificate.

2 minutes ago, KULtoATL said:

 

Thank you!!

My wife came to the US on a K-1 and we just married and are submitting our AOS along with a 765 work authorization but we have two questions.

1. For question 25 on Page 3 it asks: "Your current immigration status or category." Do we put k-1 Fiancee Visa even though we have already married?

2. For question 27 on Page 3 it asks for your eligibility category. We are filing the Work Authorization at the same time as AOS. I believe the category we choose is C9? Can someone confirm this, it's a bit confusing. 

Thanks!

2 minutes ago, C90 said:

To be honest I never heard of this before. My guess is if it's easy to get the DS-3025 out of the package and it doesn't say anywhere 'do not open' or something, just get it out, send a copy of it and take the copy of the medical to the interview. They only require a copy of the DS-3025

Thanks, yes I will separate it, just funny as the physician's office probably thought it looked nice binded, but now just more work to take apart

2 minutes ago, K1visaHopeful said:

 

Thank you, this is so helpful! And yes, you are right, it is a second, personal copy the physician gave to my wife. The original copy is in the sealed envelope. A little odd it's all binded together, but I will carefully separate and copy just the DS-3025. Thank you again!

1 minute ago, C90 said:

I would advise you to read the instructions on the USCIS page and use the search bar on this forum. This question has been asked a lot lately and therefore easy to find  

 

That said, she doesn't need an I-693 as long as her DS-3025 is marked complete and AOS is filed within one year of the medical. 

 

Where is she from? The medical should be in the sealed enveloppe she got that she handed over when she entered the country on K1, so it shouldn't be in her possession. But maybe her country is different. Only send the DS-3025 as long as it meets both requirements mentioned above. 

Thank you for this info. She is from Sweden. Yes, the medical is in the sealed envelope, but they gave her a second copy to hold onto herself. So, our copy of the DS-3025 is bound with the whole medical, in a sort of binding. Would you submit the whole thing, or should we try to tear it open and remove just the DS-3025 pages? I know an odd question, but wondering if it matters.

1 minute ago, C90 said:

11. Certified Police and Court Records of Criminal Charges, Arrests, or Convictions

 

You must submit certified police and court records for any criminal charges, arrests, or convictions you may have.

 

So as long as she hasn't had any criminal record she doesn't send anything. If she does, she can use the records from the interview (but I think you already mentioned she doesn't so you're good)

Great, thank you so much!

Hello, My wife is about to submit her AOS after entering the U.S. on a K-1. We are a bit confused regarding what to submit for the medical records.

Is it correct that if she had a physical and all shots abroad, prior to K-1 entry, then we can just submit the DS-3025 and not a 693?

A second question, the medical examiner abroad binded our whole copy of the medical report together. Will it be a problem if we submit again the whole report, which includes the DS-3025, or is it best to try to pull the 3025 out of the binding?

Hello,

My wife came to the U.S. on a K-1 and is now filing her AOS. We are a bit confused if we need to include any police records from her home country in the AOS application? She has no police or court records previously. Also, all these records were submitted in the K-1. Do we have to submit again?

Hello,

I have one more 864 question. I am self-employed, so I ordered and received a copy of my most recent tax transcript. In the 864 instructions it states:

2 minutes ago, K1visaHopeful said:

Yes the 2018 ITR is not considered "most recent tax year" until after the filing cut off of April 15th, 2019. If you've filed 2018, you can report that income amount and provide the transcript. If you haven't, it won't matter as long as you submit AOS before April 15th.

You CAN if you provide an Employment Verification Letter plus six months worth of current paystubs to prove that income amount. It would be simpler to just file 2018 and provide the Return Transcript dont you think?

Ok thanks. I'm self-employed so I don't really have employment verification. I don't think I will have my taxes ready before submitting either. I am over the income requirements on my 2017 return and I have substantial bank account statements I am including, so I hope this is enough?

1 minute ago, C90 said:

Tax season isn't due till mid April, so if you file in March and you didn't do your taxes yet then yes, 2017 transcript and numbers from 2016 and 2015 are fine.

Current annual income is current. If you have a letter from your employer where they state how much you're going to make in 2019, that would help a lot to proof your current income.

Thank you so much. So you are saying *current* means my 2019 income? It's going to be quite similar to 2018, just funny how when I submit in March I have 2017 tax transcript and current 2019 income listed, but I guess that's how it works out.

Hello,

I am sponsoring my spouse via the 864 for AOS. She recently came over on a K-1 and we got married. I have a question regarding the most recent tax years. We are planning to submit AOS in March, and I haven't done my 2018 taxes yet, so the most recent years I would have is 2017, 2016 and 2015, including a transcript of 2017. Is this fine? I am assuming in question 7 "My current individual annual income" I can answer what my 2018 should come to? Does this sound ok?

Thanks 

My fiancee and I are preparing her AOS after she came over on a k-1. I have one question regarding the DS-3025 form. When she received her physical in Sweden there was no Flu shot available (the country ran out) so they waived it, marking it F (Flu Vaccine Not Available). The physical occurred in December, which is during Flu season and when I believe the US requires the Flu shot (I read that they require it from October - March). My question is, if the physical was during Flu season, but the Flu vaccine was not given because Sweden didn't have it, and they waived it F, will that be sufficient?

Thanks!

I'm currently filling out the i-864 as I will sponsor my wife for AOS. She initially came over on a k-1. The question I have it, is there any advantage to submitting the optional tax transcripts for my second and third most recent taxes? On my current transcript I am just slightly over the 125% poverty line, but I also have significant assets. Is there any reason to submit my other transcripts? I am self-employed if that is a factor.

51 minutes ago, Lebanese23 said:

Never heard of someone waiting months, you marriage license expires in 30 days if you don't get married. I looked up New Orleans marriage guide, same as Illinois(except your fee is way cheaper than mine) You purchase marriage license, wait 24 hours and then you can get married in court(fastest way), you have to ask the vital records in your court on how long they usually take to print out your certificate. i got mine within minutes after judge signed off on it. I suggest you get married right away if you want to file AOS now. don't wait until March, you are just adding more wait time for your AOS/EAD/AP? you have to get married within 90 days. see link below for detailed info. call your court and ask them questions. I am glad i called because i had to make appt with judge to get married, I thought I can just show up lol.

 

http://ldh.la.gov/index.cfm/page/644

Thanks for the reply. My fiancee is only quitting her job in Europe now, will come to U.S. March 1 and we will marry a week later. I did hear of certain California courthouses have 4-6 week delays in mailing marriage certificates, but this sounds like the exception. I will call vital records at my court house and ask. It would be great if the are as fast as in Illinois.

What are people's experience with waiting times to receive their certified marriage certificates? My fiancee and I will marry in New Orleans in March, and would like to submit our AOS as soon as possible after. I've heard stories of some people receiving their marriage certificates right away and others waiting months. Does anyone have any advice?

My fiancee received her K-1 and we will marry in March. The question I have is, when do we submit evidence that the marriage is Bona Fide? With the 485 application, or do we wait and bring it with us to our interview in the future?

The reason I ask is, some materials will be difficult to receive right away. While we have lots of photographic proof, certain things like joint utility bills will take some time to receive. We'd rather not wait 4-6 weeks after marrying to submit the AOS. Can we submit evidence we already have and bring additional evidence to the interview?

My fiancee's K-1 was approved and we will move to the US early next year and marry in March. When we apply for AOS we would also like to submit her Advanced Parole application (i-131). My questions is, once she has received advanced parole, is there any risk for her to actually use it and visit her family in Europe? I noticed on some legal advice sites they said a person can be refused re-entry to U.S. even with advanced parole. I am guessing this is rare? Assuming nothing has changed in our status, she has never overstayed in US, committed any crimes, etc, is it reasonable to assume she would be granted re-entry? 

Any experiences using Advanced Parole while waiting for AOS would be appreciated.

4 minutes ago, janet3 said:

My fiancé came here on November 15, 2017 and we married December 12. I added him to my insurance on December 13th. His coverage began January 1, 2018

My coverage was through the market place. They give you two months to get them a SSN and/or resident status to them.

Thank you so much! This is what I was hoping. One question - did you have to send the marketplace a copy of your marriage certificate to add your husband? I am guessing not if you added him so quickly?

Hi There - My fiancee will be coming to the U.S. in Feb on a K-1 visa. We plan to marry around 2 weeks after she arrives. I am self-employeed and have healthcare through the ACA Marketplace in NJ. How soon can I add my fiancee to my plan? Can I add her as soon as we marry? She already has a social security number from a previous time in the U.S.

My hope is that I can add her to my plan quickly and not have to wait for her AOS. Thanks

James

I am applying for a K-1 for my fiancee and have a question about the accompanying I-134 in regards to income. I make over 125% of the poverty level for 2 people, but not by much. Should I include my savings and stocks, which is a significant amount, or is being over the required poverty level simply enough? I am self-employed if that is a factor.

Thank you!