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mnk

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  1. Like
    mnk got a reaction from David & Elizabeth in Issues updating timeline on VJ site   
    I-765 is Employment Authorization Document (EAD). I-131 is Advance Parole (AP). These have their own timeline sections under AOS. So when you go into the edit timeline, you can add the I-485 AOS dates and then scroll down to add the dates specifically for I-765 EAD and I-131 AP.
     
    Check this out to make sense of the alphabet soup:
     
  2. Haha
    mnk reacted to David & Elizabeth in Issues updating timeline on VJ site   
    Umm, yes I tried that which is how I found that it would let us enter the dates but then rejected our entry saying it didn't like the dates we entered.
    Like I said, we didn't like them either but are just reporting what happened.
  3. Like
    mnk got a reaction from izavox in June 2020 I-751 filers   
    Congrats! Hopefully I will see something show up this week, too.
  4. Like
    mnk got a reaction from izavox in June 2020 I-751 filers   
    Once you have your NOA1 and extension letter, you can settle in and wait.
    The next thing that happens is Biometrics. Before the pandemic, people were waiting months before the appointment was scheduled. Since the pandemic and service center closures, they have been applying past biometrics to the cases. So that step has been happening relatively quickly.
    Then it is waiting some more. Some cases are scheduled for an interview, and others are approved without one.
    Many cases are still pending after 18 months. In that case, schedule an infopass appointment before the extension letter expiration to get the I-551 stamp in your passport.
  5. Like
    mnk got a reaction from izavox in June 2020 I-751 filers   
    I think I submitted SR through a different link. All I got was the SR ID number and to expect a response by August 20.
    We have nearly the same dates and both WAC. I don't think the delay is USPS.
  6. Thanks
    mnk got a reaction from Bigtuna in About my case: Married on J1 (Is this Visa Fraud?)   
    Success story here. It wasn't a problem for us.
    In the interview, the IO only somewhat pointedly asked "so you immediately applied for the J1 after visiting her?"
    Tell the truth, keep it simple, and you'll be fine.
  7. Like
    mnk got a reaction from izavox in June 2020 I-751 filers   
    Same here. My case status stated that I should receive paper receipt notice by July 29. I called USCIS, and they were able to tell me only that it had been mailed July 8 and hadn't been returned.
    I submitted a service request for non-delivery online.
  8. Thanks
    mnk reacted to NikLR in Grounds to adjust status   
    Okay I don't think you've read EITHER guide yet at this point.  You don't seem to have the forms down.
    Here are the two guides you can consider: 
    This guide is for the normal IR1/CR1 processing where you can visit your spouse in the USA, but then need to finish the process and have your interview in Montreal. There is a chance you may not be granted access when you try to visit.  Also try to remember that CURRENTLY (July 2020) you need to self isolate when you return to Canada for 2 weeks BEFORE visiting anyone!
     
    This guide will help you adjust your status within the USA.  You can expedite the advance parole  (I-131) if one of your parents is having an issue but again, Canada border rules state you must self isolate for 2 weeks BEFORE visiting anyone.  When they will change that rule, no one knows.  Likely after this pandemic has run it's course. There is zero cause to expedite the I-130 or I-485.  Also if you choose to adjust your status, send them by mail.  That way you don't have to wait for NOA1 from the I-130 and you don't have to wait for them to hopefully match everything up.  Just send everything together and save yourself time!
     
  9. Like
    mnk reacted to geowrian in Has anyone used WebWed Mobile for getting married for their CR-1/IR-1?   
    Yes. But then why not just get married normally anywhere? You would be making things more complicated than it needs to be.
     
    Well technically, it refers to a marriage where at least one individual acts as a proxy for a spouse-to-be who is not physically present. The term dates back long before live video streaming was a consideration.
    The interpretation by USCIS and DOS, at least as stated in their policy manuals, just doesn't differentiate them.
     
    I 110% agree that just marrying in person is by far the best option here. It's just adding extra requirements (documenting that it was consummated, or at least reasonable could have been, in person after meeting) and unnecessary questions.
     
    That said, I'm going to play devil's advocate here for just a sec with the terminology...
    WebWed claims that this is not a proxy marriage by definition. There is nobody acting as a proxy. I've seen one of their marriages conducting live, and can veriyf there was nobody acting as a proxy.
    The marriage license (and subsequent certificate) can be issued by a US authority permitted to issue them, and can be done so in the same manner as if the individuals were physically int he same place.
    Specifically, I know they have at least successfully arranged for the court clerk in Utah county (yes - Utah county in the state of Utah!) to issue a valid marriage license - after verifying identity of the individuals via a document verification system - identical to that as they would issue to people who were both physically in front of them. They were fully aware that neither party were physically in the presence of each other and stated it was fine.

    THAT SAID - bolded and caps as I cannot overstate this enough...
    The wording in INA 101(a)(35) - https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101&num=0&edition=prelim -  states:
    The phrase "physically present" is used, not specifically "proxy marriage". So their services clearly would not meet this requirement for US immigration purposes.
     
    Side story...
    I follow a local attorney as he covers various legal topics who went through all early this month and used their services. Note that he is NOT an immigration attorney, but did do research into the process.
    The main difference is he was using it as a means to be exempt from a travel ban into an EU country as a spouse of a citizen/resident there. I'm guessing the EU definition is less strict here than the US. Had his new spouse wanted to come to the US instead - before consummation of the marriage - he would have been in for a world of pain.
    Then again...I have not seen him post a successful entry into the country yet video or tweet, nor any issues that could arise later in the process once the details are discovered (airline staff and border agents likely will take the MC at face value).
     
    Edit::
    Just saw the OP's note mentioning the Utah County, Utah thing as well. I'm like 99% confident these ultimately go back to the same person.
     
  10. Like
    mnk got a reaction from TN_Meow in June 2020 I-751 filers   
    Another WAC filer here. I'm still hoping to see our NOA in the mail before the expected furlough date.
  11. Like
    mnk got a reaction from JayDGODITRUST in June 2020 I-751 filers   
    Here we go again. I finally got our I751 packet sent out this afternoon! It's a relief to be done and waiting.
  12. Like
    mnk got a reaction from peachouille in June 2020 I-751 filers   
    Here we go again. I finally got our I751 packet sent out this afternoon! It's a relief to be done and waiting.
  13. Like
    mnk reacted to geowrian in K1 Visa, ICE came to my house.   
    I understand sudden unexpected financial issues do pop up. But at the same time, there really needs to be a fund set aside and dedicated to AOS related costs before the individual even arrives in the US, and plans for an sponsor in the worst of cases. This is just looking out for your loved ones. I'm in no way suggesting somebody who doesn't do this loves their SOs any less, but it is a dangerous lack of planning.
    And obviously there are exceptions (i.e. sudden medical issue negating functional income, and no friends/family members able or willing to sponsor).
    It's just that far too often people fully plan for AOS only after arriving in the US. The K-1 is only step 1...you gotta plan for steps 2, 3, and 4 alongside step 1.
    /rant
     
    Whether the passport was truly voluntarily surrendered or if it was coerced is not really relevant now. They have it. First step is to request it back. Only if they refuse to do so does it really make sense to raise the issue to the local consulate/embassy and immigrant support groups, or trying to compel them to do so due to coercion, IMO. Getting it back is the goal...stay focused on that.
    Next would be addressing the need to check in monthly. My guess is also that they are on standby in case AOS is denied. There is nothing prohibiting them from requesting somebody show up. I am not confident they have a valid reason to compel compliance with that request, though. That's where I think professional assistance or at least an immigrant rights group can really assist with sooner rather than later. If they do not provide a valid reason for requiring the check in, they aren't likely to even try to pursue it when there is some form of legal backing behind you.
  14. Like
    mnk reacted to Daphne . in Offered a job but unsure what 2 do   
    Marrying and staying is an option. 
    Marrying, staying and being able to accept that job offer is not an option. You will not be authorized to work for a while..
     
    As tempting as not leaving might be right now, try to also think long-term.. Will you or your partner be able to financially support you during the whole time you are not able to work? On top of that of course the filing fees.. And how comfortable would you be when you are not allowed to work or travel for a while? Family emergencies in the UK etc.?
     
    I would suggest getting married, you go back to the UK and your then wife can file your spouse visa petition. In the meantime you will be able to visit her, that is not impossible. 
  15. Like
    mnk reacted to Moon&Stars in Do i must have his permission ?   
    No, you do not legally or immigration wise need to ask his permission to travel. I would make sure you have your documents in order so it doesn't impact your immigration journey, including knowing how long you can stay outside of the USA and not impact your long-term plans. In addition, you should let someone know where you are going so there isn't concern for your safety. But permission, you do not need it.
  16. Like
    mnk got a reaction from givionte in Our interview is on Friday! Some questions before we go   
    Be prepared and bring everything, but offer only what they ask for.
     
    B & C: If you submitted the I-864 when you filed, that should have included at least the latest year tax return. Bring your tax return and W-2's. Your wife (sponsor) just changed jobs. That's important. After two weeks, she may not have a even a pay stub yet to prove income. Does she have an offer letter? Bring it. For extra preparedness, fill out a new I-864 with her new employment information.
     
    D, E, F: If you made a copy of the package you sent, just bring that. Then you have copies of all the forms you filled out and the supporting documents. As far as the birth certificate, it is a good a idea to bring the originals for everything that you sent a copy of. If you can't find it for the interview, it shouldn't be a problem. I'd be more worried about having lost my birth certificate in general.
     
    I brought all of this, but didn't use it. I (USC sponsor) also changed jobs during the process. I became self-employed no less, so that usually has a higher burden for proof of income. But the IO did not request any additional copies of things we sent or any new evidence of bonafide marriage. All she did was update any changes (address, employment info) by handwriting on the original forms she had in her file. The only originals she looked at were our passports, and the only new documents she took were copies of our state drivers licences (not originally submitted with the packet).
     
    Every IO is different, and every couple is different. Since you already have most of this, (copy of packet sent, and you should have your tax returns and W-2s), it's better to bring it and not need it. I wouldn't worry too much about the things that you may not have now. If they do ask for something you don't have, you will have the opportunity to submit it after the interview. If they do ask for something, then you have it! The questions the IO has can be cleared that day, and then your approval isn't delayed by waiting on additional documents.
  17. Like
    mnk got a reaction from Market in Successful Expedited EAD and AP 2019 - Detailed Timeline   
    There is only so much we can figure out from the information they give us. If the process were transparent and easy to understand, there wouldn't be so many questions and need for shared experiences here on VJ!
     
    You did get you AP relatively quickly, which is great. And you are right, it doesn't hurt or cost anything to request. Great info on how you made the request and the process.
  18. Like
    mnk reacted to Market in Successful Expedited EAD and AP 2019 - Detailed Timeline   
    I just wanted to give a huge thanks to the VisaJourney community and everyone who has ever shared their timelines and experiences. Because we saw one post here about successfully expediting the travel document due to wedding outside the US and that was one of the reasons why we tried it because we had nothing to lose.
     
    Below are my detailed timeline and process (which took 46 DAYS from the time we requested the expedite by calling USCIS until card in hand) notes in case anyone is/will be in the same boat as I was.
     
    Timeline:
     
    12/5: Submitted I-485, I-765 and I-131 applications 12/7: Received NOA1 in mail, application being processed by National Benefits Center 12/31: Biometrics appointment completed 03/23: Called USCIS and submitted service request to expedite I-131 on the basis of Severe Financial Loss (We didn´t know exactly how to define the expediting reason, because everywhere on the Internet there are posts and infromation that the wedding isn´t a reason for the expedition, but we chose this, because the wedding is also a big waste of money (and this will be OUR wedding, for our families) If it doesn´t take place, but we didn't focus on the money at all in our COVER LETTER!!!!!!!!!(this is very important I guess), we also didn´t use the word WEDDING in the cover letter.) 03/25: Email response from USCIS asking for supporting documents for request to expedite: "Upon receipt of your request for expeditious processing, your case was reviewed and a determination was made that we need additional information to make a decision regarding your request. Please fax proof of a pending job offer to ###-###-####, Attn:  AA####, Div #, Team #." 04/02: Faxed over supporting documents to USCIS fax number provided in email response Cover Letter; USCIS Email Response Above (they request you include in your fax); Other documents why we needed to have my case expedited such as my airline ticket to Europe, rental contracts for wedding venue, invoices from contractors for the wedding, everything was officially translated (which was required and mandatory) 4/10: Got notification, that my case for I-485 is Ready to Be Scheduled for An Interview. 4/12: Email response from USCIS: "We received your request to expedite the decision on your application. Your case is currently under review. You will receive a decision or notice of further action shortly. My case status online changed: On April 12, 2019, your request to have your case expedited, referral number XXXXXXXXXXXXXXXX, was completed. On April 12, 2019, we sent a response to your request to have your case expedited, referral number XXXXXXXXXXXXXXXX. On April 12, 2019, your request to have your case expedited, referral number XXXXXXXXXXXXXXXX, was assigned to an officer for response. 04/30/2019: Case status online changed to "Card in Production"! 05/03/2019: Case status online changed to "Card was mailed to me" 05/08/2019: AP card in hand! I believe a good cover letter can really make a difference and “No legacy is so rich as honesty.” Because We didn´t focuse on MONEY in the cover letter, my husband (american citizen) comes from Slovakia, so it could also help, because he still has family in Slovakia. We focused on what it means for us If We don´t get my travel permit soon, our disappointment, emotional loss etc.. We tried to make the USCIS officers emphatize with our difficult situation. I think It can really help. They are just people, and it really depends WHO IS GOING TO READ THE COVER LETTER and who is going to hold it in their hands and decide, that´s what We think. Also, we didn't have a lawyer or a congressman to help us. 
     
    GOOD LUCK EVERYBODY!  
     M.
     
  19. Like
    mnk got a reaction from Marieke H in Successful Expedited EAD and AP 2019 - Detailed Timeline   
    Congratulations on getting your AP!
     
    As far as the expedite request, could it be coincidence? Your application was sent beginning of December, and you received approval beginning of May. That's 5 months. Official processing time for I-131 is 5-7 months right now, so this could have been standard. 
    Did you receive a message after: "your request to have your case expedited ... was assigned to an officer for response." Were you informed that the expedite request itself was approved? That would be interesting to know.
  20. Like
    mnk reacted to yuna628 in USA Today: President Donald Trump orders crackdown on 'visa overstays' in latest push against illegal immigration   
    If it takes more than 90 days to get a license then the couple should be taking their business elsewhere. If it's more than 90 days to get a certificate of proof of their marriage that's of no consequence to a K1.
  21. Like
    mnk reacted to stacyt in Error on Marriage certificate   
    It’s not the same in different states. We got married in Nevada and I have specific statement with my kaden name and then my husbands last name that I wish to use after the marriage. If you don’t have those lines, you’re probably fine. If you do, and both have her maiden name, you would probably need to go to court to legally change her name
  22. Like
    mnk reacted to Crazy Cat in ESTA Entry with K1 Visa Marry after 90 days   
    The OP asked for the cheapest way to solve the issue.  I think an earlier-than planned  inexpensive courthouse wedding would be less expensive than paying flight change penalties........just my opinion....😁
  23. Like
    mnk reacted to kris&me in Marriage Green Card Income Requirements   
    filling with $13500 as business deductions using schedule C  makes his personal gross  income before his personal taxes at $10500 
  24. Like
    mnk reacted to carmel34 in Marriage Green Card Income Requirements   
    Gross business revenue is not income.  If self-employed, income is AFTER business deductions, but before personal exemptions like married filing jointly.  You will need a co-sponsor or assets to meet the requirements.
  25. Like
    mnk reacted to Sarah&Facundo in Marriage Green Card Income Requirements   
    I 100% agree, and I am also self employed. Those numbers will probably show red flags somewhere.
     
    From my understanding, it would be the number AFTER deductions. In theory, business deductions are for the BUSINESS and things you spent money on FOR BUSINESS. Therefore this is not money you can live on, which means you can not also claim it to use yourself simultaneously. 
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