Lil bear

39 minutes ago, MRJ9987 said:

Hi, 

 

I'm the petitioner and my husband is the USC. 

I was DQ'd on September 07, 2023.  Our child was born on December 14 in Canada.  She qualifies for CRBA and we have submitted an application and got an interview for her on January 30, 2024.  

 

My visa interview in Montreal is for January 29, 2024.   

My questions are - 

- do I need to update my DS-260?  How do I go about this?  

- do we need to submit an updated AoS?  Also, how do we do this?  

- is there anything else we need to do? 

 

I am trying to dot the i's and cross the t's to make sure we do everything correctly.  

 

Thank you so much in advance for your replies

Take the child's birth certificate and copy of crba application / info with you to your interview. IO will update. 

Your husband should fill out a new I 864 to reflect the increase in your household size. Carry this to your interview 

Remember CRBA isnt a travel document so your child will also need a US passport before entering the US 

Just now, mapi said:

Alright, no worries.

The CRBA and passport are requested. Waiting for an appointment at the Dutch Embassy. My interview is at the end of January and we're moving in May. Enough time to get all the paperwork done 

Hopefully yes 

3 minutes ago, mapi said:

Yes. Thank you. 

Nowhere I said that we would enter without that. This topic is about my CR1 Interview.

 

The baby is taken care of. CRBA us filed and passport is included in this process.

Good to hear. Threads like this are often read by those coming after you. There have been many instances where parents have not understood that CRBA and passport application are two different things. 

12 minutes ago, mapi said:

Thank you! I was planning on bringing that one. Good one!

If you are filling CRBA  then I am pretty certain that  you will need to get the childs Passport before you try to enter the US   This requires you demonstrating that the USC parent meets the residency requirement for passing citizenship on to the child. 
 

https://common.usembassy.gov/en/crba/

6 hours ago, mapi said:

Hi all,

 

My case got DQ'ed late November and my wife just gave birth to our son. On January 23 I have my interview. 

I want to use the belt and suspenders approach to minimize any risk, thus I bringing an updated affidavit with me to the interview.

 

I am simply adding 1 dependent child to the i864 of my wife and let her sign it.

My actual question is: do the i864 of my joint sponsor and the i864a of the js spouse need to update anything in theirs?

 

I found this thread, but I was unable to figure it out:

Thank you all for helping!

Congratulations !!! Can you confirm that your child was born in the US and is hence a USC? 

1 hour ago, EatBulaga said:

Greetings all,

I have 2 scenario to see if the FBAR needs to be filed?

https://www.fincen.gov/report-foreign-bank-and-financial-accounts

 

1. LPR working in the US but transfers funds to foreign accounts, but keeps the aggregate balance below 10,000 the whole time.

 

2. LPR working in the US for foreign company with funds deposited to foreign accounts, but keeps the aggregate balance below 10,000 the whole time.

 

In both cases, the total earnings over the year can surpass 10K, but the aggregate balance stays below 10K. I understand in both cases, the earnings will be reported to the IRS, but does the FBAR need to be filed for either or both cases? Thanks in advance.

I believe the wording is something like “ if the balance in the foreign account.. or the total of the  balances in all accounts if more than one..  exceeds $10000 usd at ANY time “ then fbar must be filed   So it doesnt look at ins and outs but only at the daily total in the account.  Given your info in the post, correct. Never have a daily balance over $10000 and you don’t need an FBAR for that year 

18 minutes ago, SaraClaire11 said:

We JUST received our Biometrics appointment letter in the mail today. Can anyone here tell us what we might expect at the appointment?

 

We are visiting the USCIS office in Cranston Rhode Island is anyone has been through there already we would appreciate your feedback!

You arrive, show your appointment letter and ID, go through security, wait till you are called up, have fingerprints and photo taken. Go home 

2 hours ago, TBoneTX said:

Real.

This is perhaps why we should wait until the OP has a chance to consult a CPA or tax attorney.

It will be interesting to hear the recommendations.

Yes for sure. No “P math” needed here 🤪

The challenge is finding one who has expertise not just “ book knowledge”. Thinking we were getting the first,  but finding out it was the second, cost us $1500 on our first tax year here 😵‍💫🤬😓

9 minutes ago, navaman said:

Finally got interview appointment for my mother at UK London Embassy in Jan, I have a couple of questions:

 

- Do they keep / require UK passport at Interview?  The reason why I am asking is as she has travel overseas following month and is planning a US trip in March.

- There is an option to reschedule appointment, upto how far out can this be pushed back. e.g, 3-6 months.

If they are approving the application then yes, they keep the v passport and return it 1-2 weeks later with the visa foil in it   
 

She should be ok for the overseas trip in Feb. Her next entry into the US will trigger the use of her IR 5 visa and her LPR status.  Not possible to enter as a tourist if the immigration visa is already been approved. 

I would be very reluctant to reschedule the interview. 

2 minutes ago, Redro said:

You know that. 
I know that.

OP most likely needs to talk to a professional to best realize their goals. 

Or,more likely, realise their goals aren't going to work ..the US tax system is a bigger, more confusing hole than USCIS ! 

5 minutes ago, Tesco said:

When we arrive on the IR1 into the U.S and have the I-551 stamp placed into my wife's passport, at that point she, as the new LPR can get Obama Care. Me, the U.S.C will be covered too, although perhaps before we arrive. I understand that there is a wait for enrollment into Obama Care though, depending on when you sign up and you also have 30 or 60 days to do this for the Special Enrolment Period. 

 

Looking at options for travel insurance has been a real challenge. I can't get normal travel insurance, as were not returning and what one way insurance I can find, either expires within 48 hours, or 31 days at most. 

 

I'd appreciate the thoughts of what people did between leaving the U.K and having ACA compliant healthcare Stateside. Did anyone get short term coverage from the U.K, or indeed from the U.S that can cover a LPR straight away? Perhaps international medical coverage like Bupa offer? 

 

Thank you

There is short term insurance available for purchase online   in the US. As with travel insurance it is often very limited cover .. catastrophic events only, no routine medical appts, no cover for preexisting conditions,  no medication etc .. but its better than nothing in case of accident etc. Google “ short term medical insurance USA. Bring a good supply of medication in original packing and make a call to the ACA navigator team in your state the day after you arrive. Get SSN asap and back accounts etc as you will need evidence of residential address for many things.  If it feels like a never ending spiral

 into a dark hole .. that’s exactly what it is. But you will get there. Use the time before you arrive to get a ls much info and process clear in your mind and on paper. Good luck 

6 minutes ago, Diome said:

Just curious about the process of getting a KI VISA to Green Card after entering US on K1 VISA and after getting  married to US citizen

What are the steps to file for change of status from K1 to Permanent Resident.

Ready the K1 guide on this website   
 

Drop down menu top right 

Immigration guides

K1 

12 minutes ago, lucy91 said:

Thank you, do you know, if I need a proof for legal name change for each form, i-130 and i-485, so I have to iclude two copies of marriage certificcates for each form, or 1 for i-130 is enough, as I am submitting it all together? 
Thank you!

Treat each form as “stand alone”   Attach all required documentation to every form. Different forms are processed at different centres. Don’t forget to also apply for the travel permit and work permit at the same time as the AOS. There is no fee for b these when filed with an active I 130  

28 minutes ago, PAbshir said:

Im trying to apply crba for my child. I checked the requirements and my concern is that I only have my US passport to proof my citizenship. Is the passport enough? The list they wanted was long one? 

You must also have v evidence of your presence in the US  for the required period of time. Passport wont do that 

43 minutes ago, Warriorpluto said:

Is there a link for these instructions? I'm ready to become a student😁😁I really appreciate your help. I'll go ahead and do the joint sponsor.

https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf

4 minutes ago, Warriorpluto said:

Ok your first statement I'm confused about. I was looking online and was trying to see which one to put my dad under. One guy on another thread said that nvc sent him back to add his father as an household sponsor since they were all living under the same household when they come to America. They rejected him being as an joint sponsor. The guy on the other post had no income as well and was also staying in the spouse country.  To clarify my situation me my spouse and my dad will be under the same household and staying together when we arrive. So do I still need to put him under joint instead of household?

The normal action is to file your forms as the primary sponsor and for your fathers forms as a joint sponsor. That is the usual interpretation of the uscis instructions.  Sometimes individual uscis workers make different decisions. Then you follow those instructions if they are different 

13 minutes ago, Ms. Clarke said:

If the person is undocumented with no family or employment to sponsor them. The only option is asylum ? Correct ? What if they marry a us citizen does that help or change anything for them ? 

Adjustment of status will always be of the table. If the undocumented person 
marries  a USC, this  will then allow for the petitioning of the non US Spouse through the Consular process. The interview will be completed in their home country. Departing the US for this interview will trigger a ban of up to 10 years.  The immigrant visa will be denied and the applicant can then apply for a I601 waiver. All this would  happen with they remain out of the US .. and will take 2-3 years 

1 hour ago, Timona said:

First day in US is the morning she actually woke up in US. Basically, if she landed here at 8am, 12pm, 9pm etc, that's not US.

 

The day before that is the Philippines part...

Incorrect. As per the Instructions for this form and others which require declaration of “ time out of the country” , days when you spent even 1 minute inside the US are days spent in the US not outside 

eg arriving flight lands at 11 pm .. Dec 20.. That day is considered to have been spent in the US 

departing flight leaves at 1 am Dec 20.. That day is also considered spent in the US 

USCIS will count the day that an applicant departs from the United States and the day he or she returns as days of physical presence within the United States for naturalization purposes.

https://www.uscis.gov › volume-12-...

 

Chapter 4 - Physical Presence - USCIS

 

 

3 minutes ago, PadieNerkBrapone said:

Good luck(and congratulations) to everyone.

I am preparing to file the I-130 for my mother. I became a US citizen January 2023. Has everyone(or anyone) filed the I-130 online using the USCIS site or paper? I am filing on the USCIS site but there's something odd to me. During the application process it asks for an "A" number. Now that I am a US Citizen I don't need it correct? Even though I selected that I am a US Citizen, it seems like the site does not know it and keeps giving an error when I select "I don't have an A number". If I keep it selected, it will not allow me to submit the application. If I do not select it(but I don't put anything in the box) it will allow me to submit the application. Has anyone ran into that?

If you ever has an A number .. which of course you did.. put it in. They already know it .. and they know you have an A number. 

20 minutes ago, mr-t-bone said:

 

thanks for asking, we started the process before she turned 21 so she's in!

 

 

do you think I get ahead by filling the i-601 now instead of waiting for the incomplete medical?

 

 

Reread the replies.   No.  It will not be accepted. Even if it was placed on the file,  a new one will be requested after the application is denied. 
 

They can’t ask for a waiver until the visa is denied for an incomplete medical.   The waiver will add an extra year to the overall process.

1 hour ago, Atlantis007 said:

The CO told me , once I have submitted a written plan for " proof of US domicile" I may send passport via empost 

 

However, since I have uploaded everything required at ceac portal ,and also emailed the NVC enquiry forum, ( as mentioned in the 221g paper), do I need to wait for their response before I send my passport? Or should I send my passport anyway?

 

What should be my line of action?

She should relocate to the US. Then you submit evidence of her arrival and domicile , get your visa and go.

48 minutes ago, Ms. Clarke said:

What does it mean for either issue?  

Having entered legally into the US the last time the person enters is a requirement for Adjustment of status if eligible as an immediate relative.   No legal last entry .. no AOS possible. 

1 minute ago, Olamary said:

What is I reschedule my interview appointment? Because I have been given an interview date already. Is that an option too? 

You can ask but it’s in the hands of the Consulate and may not get you as much time as you need… you may still find yourself running out of time to enter with an issued visa or being very delayed in interviewing  . I re read your post and see that the I 130 have already been filled for your children 

You can still  follow the rest of the info in option 2 .. 

1 hour ago, Ms. Clarke said:

Hey everybody!
I've got a question about undocumented immigrants who are already in the US. How can they go about applying for permanent residency? I've heard that a family member or a job can sponsor them, and they can also seek asylum. I'm curious about the types of cases that usually get accepted by the US Immigration Commission (USIC) and how difficult it is to gather evidence to prove the need for asylum. Also, what happens if an undocumented immigrant marries a US citizen? Can they then apply for residency with that reason? If so, which application should they use? Sorry for the jumbled mess of questions, but there doesn't seem to be a lot of information available on this specific topic. Thanks in advance for your experiences or insights!

How did they enter the US ? Visitor visa and overstayed ?
 

9 hours ago, TexasRafael said:

She can travel with you anywhere inside the USA, her visa does not expire for 90 days after she is admitted in the US.  If you are flying, when she travels TSA only looks at the passport page with the picture and moves on.

Correct terminology

K1 visa is a single use visa granting entry upon presentation

Entry using K1 results in a period of “authorised stay” of up to 90 days  

After the 90 days, the K1 user becomes “out of lawful stay” status, and is subject to deportation, unless a further period of “authorized stay” is granted by application such as Adjustment of Status. 
 

Accurate understanding and use  of terms is really critical in these processes   Many many delays denials  and refusals occur because of inadequate understanding  .. it gets really disheartening and very expensive when this happens