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K + M

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Posts posted by K + M

  1. 47 minutes ago, Dashinka said:

    If she is just continuing a current job, then she will be fine.  There is no requirement for an employer to verify immigration status daily, and once she has her extension letter she will have proof (along with her expired 2yr GC) if she were to change jobs.  If for some reason she is asked about status, she can simply verbally tell them that the I751 was submitted.

    Thank you so much and also everyone else for all of the help, you all have been so amazing.  Also I know she doesn't need it, but to also make the situation easier we filed the g-1145. And our of a stroke of luck she received the text today saying they received it, her case number and that the 797 will follow in the mail.  

  2. 5 minutes ago, arken said:

    I am saying she can show her employer that document from uscis link that they don't need to do anything and she can keep working regardless of GC expiry. She can volunteer to show NOA1 once she gets it.

     

    Don't worry about infopass, they don't stamp your passport. 

    So if I am understanding this since she has shown a valid 2 year conditional green card she does not have to reverify employment and no matter what she is good to work? 

     

    We have done what we need to do of course to keep her in good status but just waiting on the noa1 now.  

     

    But for purely work purposes she is good?  Also I see on that link it talks about lpr and conditional lpr.  Whats the difference between the 2.  She's a lawful permanent resident right? I'm like 99.9% sure she is just making sure. 

  3. 1 minute ago, arken said:

    I am saying she can show her employer that document from uscis link that they don't need to do anything and she can keep working regardless of GC expiry. She can volunteer to show NOA1 once she gets it.

     

    Don't worry about infopass, they don't stamp your passport. 

    Just showed that link to employer.  

     

    3 minutes ago, Dashinka said:

    Is or will she be starting a new job before or after her GC expires?  If before, you will be fine, if after, only the NOA extension letter or an I551 stamp will work to prove LPR status.

    She just is contuing at a job 

  4. 39 minutes ago, arken said:

    NOA1 is the only formal paperwork showing your pending ROC and extending your current GC. Any other evidences showing uscis got your package is useless cuz it may get returned due to payment and other issues which would mean it's not being processed.

     

    For your work purpose though- if your employer is not aware and asking for new GC or proof of extended validity or status, educate them

     

    https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/60-evidence-of-status-for-certain-categories/61-lawful-permanent-residents-lpr

     

    You are not required to reverify the employment eligibility of a lawful permanent resident who presented these documents and should not reverify their employment authorization.

    Forms I-551 may have:

    • No expiration date. We issued these cards from January 1977 to August 1989.
    • A 10-year expiration date.
    • A two-year expiration date.
    • An extension sticker issued by USCIS which extends the validity of the PRC through the month and year indicated on the sticker.

     

    Alright this is all confusing a little bit. So does she need to showcase any paperwork ?  

     

    Just curious of what to do foe her exact situation which is her gc expires soon.  But her roc was sent off and we have receipt from usps showcasing deliverd to correct location.   But the noa1 will not be received before her gc expires.  Also I thought infopass appointment is for if they don't schedule her interview in time and we need an extension of the extension after filing 751.  

     

    What can we give the employer right now showcasing that she is good to work before we get the Noa1?

  5. ROC package has been sent off, green card expires coming up. For work purposes is there any paperwork that can use to establish that USCIS has received the package before we get the NOA1?

     

    Looked on the tracking on USPS and it is received and it all was delivered properly.  

     

    Help on this would be amazing.

     

    Thank you all so much!

  6. Putting together the financial comingling section -

     

    We got married towards the tail end of the month, is it alright to send in the whole months bank statement even tho there's days on it that are outside the range of "from the start of the marriage till present" or do I only send in  a statement/transactions from the start of the marriage? If I need to I can find a way to get only from that exact date from the start of the marriage, but we recently just got the statement and just thought of the fact that there is days on there before the start of the marriage.  

     

    Thanks in advance!

  7. 7 hours ago, Rocio0010 said:

    Hi there! When are you filing for your ROC? Please don't forget to join the thread for that month. 

    Going to your questions.

    Yes, you can send documents with only your name or his name that show the same address. For example, some utility bills have only my name, some have both names, and we included both, because they show the same address. We had a section called "cohabitation" where we included those documents.

    State IDs also are a good proof of cohabitation, provided they show the same address (of course!). I would strongly advice you to update those IDs. Not only for ROC, but also for life in general.

    Financial comingling is a huge deal for ROC. So yes, send bank statements. Some people send them quarterly, some send the 24 bank statements. I just included the 24 bank statements for peace of mind. I will share my list of documents with you in another comment. I'm not bragging, but I'm pretty proud of our package and if it helps you, be my guest!

     

    7 hours ago, Rocio0010 said:

    USCIS 

    Attn: I-751 (Box 21200)

    1820 E. Skyharbor Circle S

    Suite 100 

    Phoenix, AZ 85034-4850

     

    ORIGINAL SUBMISSION

    RE: I-751 JOINT PETITION TO REMOVE CONDITIONS ON RESIDENCE

    Conditional Resident (Petitioner) : xxxx xxxxxxxxx- SSN:xxxxxxxxxxDOB: xxxxxxxxxxx

     

    U.S. Citizen Spouse:

    xxxx xxxxxxxx SSN: 1- 1656 DOB: xxxxxxxx

     

     

    Dear Sir or Madam:

    Please find enclosed  a joint Form I-751 and materials to support removal of conditions on residence for my wife, xxxx xxxxxxx. USCIS granted xxxx xxxxxxxxher conditional permanent residence on April 29, 2020.

    The materials, which show a merging of our personal and financial lives since marriage (May 17, 2019), are organized in exhibits A- P and tab dividers for your convenience. 

     

    Thank you for your prompt processing of this petition and for what we hope is your favorable response at your earliest opportunity.

     

     

    Sincerely,

     

     

     

    xxxx xxxxxxx                                                                                                                      xxxx xxxxxxxxx

     

     

     

     

    Table of Contents

    Exhibit A: FORM I-751

    Original xxxxxxxxBank Personal Check, in the amount of $680.00 for payment of the I-751 Petition to Remove Conditions on Residence + Biometric fee

    Enlarged copy of USCIS Form I-551 front and back (Permanent Resident Card)

    Original Form I-751 filled and signed by xxxx and xxxx 

    Addendum I and II to Form I-751

    Copy of form G-1145.

     

    Exhibit B: MARRIAGE

    Copy of certified marriage certificate between xxxx and xxxx, showing marriage on May 17, 2019 in Morgantown, West Virginia.

     

    Exhibit 😄 COHABITATION

    Copy of Owners Title Insurance Policy with original recorded warranty deed for the property located at xxxxxxxx

    Copy of American Land Title Association Settlement Statement showing xxxx and xxxx as buyers of the property situated at xxxxxxxx. 

    Copy of Veterans United pre- approval letter showing xxxx and xxxx as pre-approved for a home loan. Dated: Jun 18, 2021 Signed by Kris Ball (Loan Officer) 

     

    Copies of xxxx xxxxxxx and xxxx xxxxxx current drivers’ licenses showing joint residence at xxxxxxxx

    Copies of xxxx xxxxxand xxxxxxxxxx old drivers’ licenses showing joint residence at xxxxxxxxx

    Copy of xxxx Knotts’s updated Argentinian ID listing address at xxxxxxxxx

    Copies of Spectrum (Internet) monthly statements showing xxxx as responsible for paying gas and electricity in our joint residence at xxxxxxxxx

    Copies of Columbia Gas of Ohio monthly statements showing xxxx as responsible for paying gas in our joint residence atxxxxxxxx

    Copy of lease agreement listing us as joint tenants at previous address (xxxxxxxxxx), beginning May 28, 2019 and copies of lease renewals for the same address for subsequent terms until May 31, 2022. 

    Copy of xxxx xxxxx old argentinian ID listing address at xxxxxxxxxx

    Copy of Horace Mann Insurance Company new business declaration listing us as jointly covered under renters’ insurance policy number xxxxxxx  for our residence at xxxxxxxxxxxx. Effective date: 02/02/2021. Expiration date: 02/02/2022.

    Copy of appointment reminder from veterinary addressed to both of us.

     

    Exhibit 😧 TAX RETURNS- STATE TAXES- PROPERTY TAXES

    Copies of joint IRS tax returns for 2020 and 2021.

    Copy of 2021 and 2022  Monongalia County Personal Property Return filed jointly.

     

    2020 and 2021 joint West Virginia Tax receipts.

      

     

    Exhibit E: FINANCIAL COMMINGLING

    Copies of quarterly bank statements of our joint checking account (with United Bank) since inception of the accounts on 04/19/2019 to closing of the account on xx/xx/xxxx,, showing various financial co-mingling such as Veteran United payments, rent payments, car loan payments, insurance payments, grocery shopping etc.

    Copy of Chase Deposit Account Balance summary showing us as joint owners of the Chase Premier Plus Checking Account ending in 6235. Dated 10/30/2021.

     

    Exhibit F: JOINT MORTGAGE STATEMENTS, UTILITIES, AND VET BILLS.

    Veterans United joint mortgage statements from August 2021 to January /2022

    Copies of the city of Southwest Licking Community Water & Sewer District statements showing us as jointly responsible for paying water in our joint residence xxxxxxxxx 

    Copies of AEP (Electric Company) monthly statements showing us as jointly responsible for paying the electric bill in our joint residence at xxxxxxxxx

    Copies of Local Waste Services monthly statements showing us as jointly responsible for paying the trash pick up in our joint residence at xxxxxxxx

    Copies veterinary bills showing us as jointly responsible for paying the veterinary bill

    Copy of note from landlord in Morgantown stating he was responsible for paying the utilities on the property rented at xxxxxxxxx  for the time period we lived there.

     

    Exhibit G:  JOINT HEALTH AND LIFE INSURANCE OVER THE YEARS.

    Copy of xxxx’s current life insurance underwritten by Principal Life Insurance company listing xxxx as beneficiary of this insurance. 

    Copy of current  dental/ vision insurance (with Principal), via xxxx’s current employer, showing us both covered under the same insurance plan. Effective date: 08/09/2021.

    Copy of current United Health Care insurance, via xxxx’s current employer, showing us both covered under the same insurance plan.

    Public Employees Insurance Agency certification letter showing xxxx as policy holder and xxxx as covered by this insurance. 

    Copy of xxxx’s life insurance underwritten by United Omaha Life Insurance Company designating spouse xxxx as beneficiary.

    Copy of previous health insurance cards (Independence), via xxxx former employer (xxxxx), showing us both covered under the same (former) insurance plan.

     

    EXHIBIT H: Special Permissions

    One Point of Care (OPOC.US) authorization for use and disclosure of private health information, providing authorization on behalf of xxxx to disclose private health information and listing xxxx as spouse.

     

     

     

    Exhibit H:  JOINT RETIREMENT ACCOUNTS

    Copy of xxxx  Individual Retirement Account from Teachers Insurance and Annuity Association of America (TIIA) beneficiary designation letter? listing xxxx as beneficiary of the account.

    Copy of West Virginia Consolidated Public Retirement Board Pre- Retirement Beneficiary Designation showing xxxx as member, and xxxx as beneficiary of the account. 

     

    Exhibit I:  JOINT VEHICLE AND HOME INSURANCE.

    Copy of xxxx ’s xxxxxxx Vehicle Insurance Card showing xxxx as covered by this insurance. Policy number: xxxxxxx . Effective date: 08/18/2021. Expiration date: 02/18/2022.

    Copy of xxxx’s Vehicle Insurance Card showing xxxx as covered by this insurance. Policy number: xxxxx . Effective date: 08/20/2021. Expiration date: 08/20/2022/ 

    Copy of Progressive Home Advantage Insurance policy statement listing our joint residence at xxxxxx . Policy number: xxxxx. Covered from July 23, 2021 to July 23, 2022. 

    Copy of AAA (American Automobile Association) joint statement with a payment date of 11/16/2021.

    Copy of xxxx xxxx Farm Vehicle Insurance Card and Renewal Policies showing xxxx xxxx as covered by this insurance. Policy number:xxxxxx. Covered from February 10, 2020  to July 9,2020.

    Copy of xxxx xxxx State Farm Vehicle Insurance Card and Renewal Policies showing xxxx xxxxxx as covered by this insurance. Policy number: xxxxxxx. Covered from July 09, 2020  to January 09,2021.

    Copy of xxxx xxxxxx State Farm Vehicle Insurance Card and Renewal Policies showing xxxx xxxxx as covered by this insurance. Policy number: xxxxxx. Covered from January 09, 2021  to July 9,2021.

     

    Exhibit K: JOINT MEMBERSHIPS

    Copies of Sam’s membership listing xxxx xxxxx as a complimentary member of the account.

     

    Exhibit L: TRIPS TAKEN TOGETHER

    Flight reservations for our (postponed due to COVID) trip to Argentina in July 2020.

     

    EXHIBIT M: EMERGENCY CONTACT INFORMATION:

    West Virginia University Outpatient Face Sheet for patient xxxx listing, xxxx, as emergency contact.

    Family Vision Clinic patient sheet  for patient xxxx listing, xxxx, as emergency contact.

    Paylocity profile for xxxx, listing husband xxxx as emergency contact.

    Orthopedic ONE Patient Information sheet  for patient xxxx listing, xxxx, as emergency contact.

     

    Exhibit N: PICTURES

    Copies of photos of us together at various events with family and friends throughout the years

    Copy of wedding pics.

    Include some of everyday pics already sent with AOS.

     

    Exhibit O: 

    Copies of greeting cards, letters and packages from family and friends addressed to us throughout the years

     

    That's definitely an amazing package, looking over it we do have a lot of stuff like that, will definitely use it as a guide and work to structure it like it.  Of course a lot of stuff we have is different but that is as to be expected, and just so its not complicated I(the husband - not the conditional green card holder am the one talking in this post) so I was asking for myself if I can send in things with just my name.  Thanks so much for the help on that, pretty much what our outline is we are going over every bill we have sending in everything with both of our names on it - seems this would be the cohabitation section on yours.  Then we got the tax returns, bank statements and stuff like that.  Then there's stuff with singular names on it and will definitely use cohabitation section like you said, that is an amazing idea - thank you for that.  Then comes down to pictures and what you have in exhibit O cards and such.  

     

    Oh and also we are filing the ROC this month most likely within the next week.

     

    Now the only thing that makes our situation a little bit more complex we don't just have 1 address within the package we lived at a different address for a little bit since she has had the conditional green card, so a scenario that I just thought of is my driver's license that I could include is at the first address but her state ID is at our now current address, would it be alright to include both of those?  Can we include anything as long as they are one of those 2 addresses that are listed within the I-751?

  8. 5 minutes ago, Allaboutwaiting said:

    Also stuff with just your name. 

    Going overboard for ROC is not bad, quite the opposite.

     

    Now, the thing that they care about the most is financial commingling, so make sure you're sending documents on that regard that cover the WHOLE span of your marriage.

    Yeah we plan on sending in a good amount of "other documents"  now how important some of those will be, not exactly sure but like you said better to go overboard then not.  Definitely first thing we are taking care of is to make sure we have all of the important things such as financial comminglings that span the whole marriage.

     

    Thank you so much for all of the help, and everyone else on the thread giving advice and guidance on the best things to do is a huge help and makes things so much easier with our ROC.  Really do appreciate everything!

  9. 2 minutes ago, Allaboutwaiting said:

    Note that the photocopy of the piece(s) of mail you're sending are proof of shared residence. 

     

    You need more than one document to prove shared residence if both names do not appear together. 

    Ohhh on the actual cover letter and the photocopies themselves say something like "evidence of shared residence"  ,

     

    and oh definitely we are sending in lots of things with both of our names on it, we are mostly down to getting documents labeled in the information packet of the I-751 as "other documents"  So we weren't really certain if still just used stuff with both names, both names but separate mailings from same place, if we can use just her name and that's ok, or if I can also send in stuff with just my name on it  also.  From how I am understanding it we can send in of course stuff with both names, and her name only, but what about just my name by itself?  Have multiple things that we can send in if that is the case just not sure.

  10. 6 minutes ago, Allaboutwaiting said:

    Yes, you can send mail in her name as proof of shared residence.

    To make it clear you can note that on the mail photocopy and on the cover letter. 

    You can include the expired state ID as well -did it expire long ago?-

    Note what on the mail photocopy/cover letter?

    state ID expired late 2020.

     

    What about sending in things in just my name as proof of shared residence? 

     

  11. 1 hour ago, Timona said:

    Yes, provided it shows cohabitation...same address. 

    This is one thing that I am a little confused on.  I have been thinking that for things other than bills you are looking for forms that have both names on it.  I am looking through things and can we use anything that has let's say my Wife's name on it but showing the same address?  For example if we got a letter in the mail that isn't a bill but has the same address on it but only my wife's name on it can we use that?  Just the same do I also send in a good amount of things that are labeled just to me?  

     

    This is how I thought it was -

    you send in paperwork with both names on it 

    and you can also 

     send in paperwork that is of the same subject say the same company sent mail to me separately and to my wife so send both of those in.

     

    For all other misc. material that isn't the main things being bills, bank statements, taxes, etc. Can we just send in any material we deem fit as long as its showcasing the proper address even if its just mailed to one of us?  

     

    Greatly appreciate the help!

  12. 11 minutes ago, Rocio0010 said:

    First of all, they are documents that show the relationship since you got married, not since the gc approval. To give you an example, my gc was approved on 04/2020, but we were living together under a joint lease since 2018 and had our joint bank since 2019. We sent 2019 bank statements and 2018-2019 leases.
    Second, why do you have two dates on your taxes?

    Read the instructions. It says you need to submit documents since you entered the marriage.

    Thank you so much for that clarification I see it now in the instructions, will definitely get everything we have possible with both names since date of marriage up until now.

  13. Hi VJ,

     

    We were wondering if the Covid-19 vaccine is considered a means tested public benefit, and if after getting it we could get a bill later in the mail saying we need to pay x amount of money back because its a means tested public benefit.  Or is the vaccine not and on the means tested public benefit aspect it's all good to get it and we won't owe any money back?  

     

    Thanks for clarifying for us in advance!

     

    Cheers.

  14. 1 hour ago, Wuozopo said:

    @Kerri and Myles

     

    She is not required to file any year that she did not earn US income. It is an income tax, so no income means no tax and no filing.

     

    She may file jointly with you any year in which you are married even if she had no US income. That’s what you chose for 2019. When you chose to file a joint return, all income for both had to be reported including what she earned in the UK. The foreign earned income can be excluded, which you did. She was present in the US more than 183 days in 2019 so she qualified to be a resident alien for tax purposes. There was really no reason to file a paper return. 
     

    For 2020, your joint return will be just a regular return you can efile. 

     

    16 hours ago, Coco8 said:

    When she is here and you are married, you would file jointly.

    Awesome, thank you so much for clarifying everything up.

  15. 3 hours ago, Coco8 said:

     

    Yep. When I moved to the US as a grad student, it took a while for me to become a "tax" resident. So the first time I filed taxes it was like a special process, because I wasn't a resident yet, even though I had been in the US from September to December.  I had to file taxes because I had a fellowship so I was getting paid.

     

    Edit: Also, I had to file my taxes in paper for 3 years and couldn't use turbo tax until 4th year because I was in the "tax residency" limbo situation.

    We weren't able to efile last year I forget all the specifics but the wife had foreign income so had to deal with that, but there wouldn't be any reason why my tax guy wouldn't be able to efile for us this year right? No foreign income now.

  16. 2 hours ago, Coco8 said:

    No, she doesn't need to file taxes for that time. She was just visiting. 

     

    To become a TAX resident you need to have been in the US for almost 200 days for like 3 years and the 31 day rule is for the current year once you are a tax resident (like a rule to whether you have to submit taxes again).

     

    1 hour ago, HRQX said:

    VWP visitors are not exempt* but 5 weeks is still less than 183 days. So she doesn't have to file taxes for that year.

     

    *Only the following are exempt individuals:

    • An individual temporarily present in the U.S. as a foreign government-related individual under an “A” or “G” visa, other than individuals holding “A-3” or “G-5” class visas.
    • A teacher or trainee temporarily present in the U.S. under a "J" or "Q" visa, who substantially complies with the requirements of the visa.
    • A student temporarily present in the U.S. under an "F," "J," "M," or "Q" visa, who substantially complies with the requirements of the visa.
    • A professional athlete temporarily in the U.S. to compete in a charitable sports event.

    Ahh alright so if I am understanding it correctly it first goes you have to be in the US for 183 days within 3 years, then following that if you are here for the 31 days then that rule would help you figure out if you need to continue to file? All this being pre green card of course.

  17. Hi VJ!

     

    It's that time of year again, was getting all the documents together when something ran across my mind.  My wife who is from the UK before we were married, before she even had her K-1, first came to see me in the USA in the summer of 2018 for roughly 5 weeks, she came over on the Visa Waiver Program.  I never thought anything about it, but I saw this about the substantial presence test -

     

     

    You will be considered a United States resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States (U.S.) on at least:

    1. 31 days during the current year

     

    Do we need to somehow backfile taxes or something for her in 2018?  She did not earn any money, did not work, just visited.  Are individuals who come over on the VWP exempt from SPT?

     

    Also - I visited her family in the United Kingdom also in 2018 for roughly four months, same scenario as her, did not work, did not earn any income in the UK, is there anything I need to do for that year also?  

     

    Thanks in advance!

  18. I was not personally allowed into the clinic but my wife did fill out paperwork.  The paperwork she filled out gave consent for treatment and all of the normal stuff, but she also released our income to the clinic which they used to figure out how much our bill would be.  

    24 minutes ago, Lemonslice said:

    "You should know if you applied for a public benefit."

     

    It does not "fall" from the sky, you have to apply, so you would know... If you didn't fill forms, then that's not it.

    I was doing some further research and I took this from health and human services -  Early versions of PRWORA contained a definition of ``Federal means- tested public benefit'' that could have encompassed benefits provided by both discretionary spending programs and mandatory spending programs. (These early versions provided that, with certain exceptions, ``the term `Federal means-tested public benefit' meant a public benefit (including cash, medical, housing, and food assistance and social services) of the Federal Government in which the eligibility of an individual, household, or family eligibility unit for benefits, or the amount of such benefits, or both are determined on the basis of income, resources, or financial need of the individual, household, or unit.'' 

     

    From everything I am seeing about this, it seems any time you receive assistance based on the definition of income it would be this means tested public benefit, which we here did so this would classify this as a means tested public benefit?  If so we should reach out and get this credit cancelled and pay the full amount?

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