Achromatic

Hi all,

I'm about to file my I-751 on my K-1 visa... about 2 months after expiry (yikes, I know, I know).

Is there any supplemental advice that can be given on the best way to do this?

I am writing a letter to accompany the application, explaining why the application was late (my wife's sister attempted suicide, she raced to the other side of the country to be with her, but with that and a few other things, it set in chain a series of events that lead to her having to drop school for the year with a medical leave of absence, and in the turmoil, this envelope never got sent), but any other suggestions would be appreciated... and well wishes, too!

Robert

Referring to the parts of your story highlighted in red:

Yes you had a choice. You have made choices that reflect priorities of school and work above living with your spouse. You have chosen these over cohabitating with your spouse. I fully understand the adjudicators ruling. It would appear to a reasonable person (whether true or not) that your purpose for immigrating was not for family unity. It looked like a duck and quacked like a duck and the adjudicator called it a duck. I don't see where you gave the adjudicator any other choice but to render the ruling that he did.

I'm curious, too, as to where he lives - I find it a little odd (although with today's wintry economic climate, possible, certainly), that someone with a postgrad education could find no employment in his home or school state - and what the postgrad education was?

Wow, my hope of his deportation was just shot down! I haven't called Immigration and Customs yet for I have an appointment with them next week. However, I will call them to see what they say. How can he rebutt my claims when in fact, I have the proof at hand? Also, why would it be a waste of USCIS time on this? If so, then America is so messed by just allowing foreigners in, they can do whatever to another human or even break laws, and they get to stay? Now I see why some American's are so hateful towards the outsiders. They can rob us of our identity, they can use, abuse, emotionally scar, yet they have the right to stay? OMG.

I do thank you however for your feedback.

It is an emotionally difficult issue to deal with - however, from the perspective of the government they have two people contesting something (and in the case of divorce, often bitterly) - they are bound by procedure and fairness to hear his side of the story.

He cannot be punished by deportation for the crimes he has committed. Presumably when he was found guilty of those charges, a judge enacted a penalty upon him (regardless of what that was). Given that he is currently a legal permanent resident, that residency cannot be summarily revoked and deportation ordered as additional punishment.

The conditional permanent residency is granted for a period of two years (and depending on the process, may be extended until a final determination is made on the removal of conditional status) - again, it cannot be summarily revoked - just as a person cannot be tried for the same offense twice, nor can they be punished for the same offense twice.

I'm not saying this to batter you down - I appreciate the emotional trauma of your position - I am merely trying to show you why the government is acting as they are.

You may get "lucky". At my AOS interview with my wife, we saw a family go into the offices from the waiting area. About 30 mins later, some law enforcement arrived and went back, and about 15 mins later, the father (presumably) left with them, handcuffed (the case officer of our case was surprised by this handling - "they usually go out the back door for discretion"). Was he being deported? I don't know. Depending on certain circumstances, the case officer, what his status is at his interview, and so on, he may be subject to removal then, but as someone else said, it may not be the case.

Of course, if he is subject to removal, and DOES try to play games with you - demanding money, intimidating, following, whatever - call the police, and inform them, and when you do, inform them of his immigration status (however, do not try to do this proactively - local law enforcement typically does not involve itself immigration enforcement for no other reason than "he's illegal").

Good luck.

Grrrrr Dublin!

Of course you can do it... Russ got through 5 times without any proof of ties to NZ....before being sent home on the last attempt. It really does depend on the POE officer.

One of those things isn't really like the other. "You can do it! Unless you get caught!"

Perhaps not the wisest thing to advocate. From then on, you realize that he has to say "Yes" to that question on pretty much any country in the world's visa process, that horribly awkward "Have you ever been refused or denied entry to a country?", which is going to make immigration queues at airports far more fun.

They care about what she is making 'now' ..not what she made three years ago.

Not quite. In theory, yes. My wife was a college student, who had gone to work. Her most recent tax return was above the threshold but the previous two years weren't. We had her mother co-sponsor. Would they have said "no"? I don't know, but the case officer /did/ note it and ask. They want to see a reasonably steady stream of support.

Green card received yesterday. Yay!

Name..................Date Rec'vd....NOA1 Date....Biometric....Interview....Approved?...Stamp?

Allie&Leo...............03-28-07.....04-03-07.....04-23-07.....CSC

goofi...................03-29-07.....04-04-07.....04-28-07.....CSC..........07-10-07.....NO

gupt0014................03-30-07.....04-05-07.....05-01-07.....CSC..........07-11-07.....NO

J*C*H*2007..............04-01-07.....04-06-07.....04-25-07.....CSC..........06-19-07.....NO

icyshadesofblue.........04-02-07.....04-03-07.....04-25-07.....04-26-07.....05-08-07.....NO

ridejewel...............04-02-07.....04-12-07.....05-03-07.....07-17-07.....07-19-07

birdnbloke..............04-02-07.....04-12-07.....05-01-07.....07-24-07

bustweiser..............04-02-07.....04-09-07.....05-10-07.....08-20-07

Sterling M..............04-02-07.....04-09-07.....04-27-07.....06-14-07.....07-09-07.....NO

Txgirl75................04-04-07.....04-16-07.....04-27-07.....06-28-07.....06-28-07.....YES

Vijay...................04-05-07.....04-11-07.....04-27-07.....07-20-07.....07-31-07

heathius................04-05-07.....04-12-07.....05-07-07.....07-18-07.....07-18-07.....NO

little4ele..............04-05-07.....04-11-07.....04-28-07.....CSC

Ken_Maria...............04-06-07.....04-17-07.....05-08-07.....06-25-07

Maggie724...............04-06-07.....04-13-07.....05-07-07.....07-12-07.....PendName

florida_guy07...........04-08-07.....04-17-07.....05-02-07.....07-17-07...........RFE....10-04-07(notice welcoming new resident mailed - email rcv'd

wing....................04-08-07.....04-17-07.....05-01-07.....CSC..........06-27-07.....NO

burke...................04-09-07.....04-20-07.....05-08-07.....07-10-07.....07-10-07.....NO

J&K.....................04-09-07.....04-24-07.....05-16-07.....CSC..........06-19-07.....NO

Lucy1979................04-11-07.....04-21-07.....05-05-07.....08-20-07

AgRo....................04-11-07.....04-20-07.....05-21-07.....CSC..........06-29-07.....NO

irishgirl73.............04-11-07.....04-23-07.....05-09-07.....CSC...........07-12-07 (card production ordered - email rcv'd)

Birdysboy...............04-12-07.....04-18-07.....05-15-07.....CSC

nuzzledark..............04-12-07.....04-16-07.....05-04-07.....07-12-07.....07-12-07.....NO

nakashima ayumi.........04-13-07.....05-18-07.....06-04-07.....08-06-07

raffyusa................04-13-07.....04-18-07.....05-09-07.....06-29-07.....06-28-07.....NO

nyhazmat................04-13-07.....04-23-07.....05-17-07.....06-18-07.....06-18-07.....YES

kristinamarie...........04-14-07.....04-25-07.....05-10-07.....09-05-07

misa....................04-17-07.....04-27-07.....05-10-07.....08-23-07

Andalusia...............04-18-07.....04-26-07

God is Good.............04-20-07.....04-30-07.....05-30-07.....CSC..........06-26-07.....NO

jg_am...................04-21-07.....05-01-07.....05-22-07.....CSC

cartoboy123.............04-21-07.....04-30-07.....05-21-07.....08-21-07

Patric n Olivia.........04-22-07.....05-01-07.....05-23-07

New Yorker..............04-23-07.....05-01-07.....05-19-07

Achromatic..............04-25-07.....04-30-07.....05-25-07.....10-04-07.....10-04-07.....NO

Jashley820..............04-25-07.....05-04-07.....05-18-07.....CSC

Ecalos..................04-25-07.....04-30-07.....05-25-07

Kristen y Efrain........04-26-07.....05-05-07.....05-18-07.....07-13-07.....07-13-07.....YES

Buxton babe.............04-27-07.....05-07-07.....06-06-07.....CSC..........06-21-07.....NO

Mysticbluerose..........04-27-07.....05-01-07.....05-10-07.....07-24-07

Pepe Galleta............05-01-07.....05-11-07.....06-13-07

Ryan_and_Elina..........??-??-??.....04-04-07

****Recently Updated/Added****

For final "closure" (ha, ha) of this topic, I want to express the end result of my experiences, as just posted to another thread:

"

So while the employee may not have told the truth, the employer is expected to have made a "reasonable person"'s effort in ensuring that said documentation sighted was accurate.

I'm saying that my wife DID tell the truth; "I can only work until November 8th". And, the employer did the due diligence to verify that my wife was eligible to work; based on her I-94 temporary stamp. So, both did the correct thing at the time of employment. My question is what happens on November 9th -- if my wife does not "remind" them of her temporary EA end date and the employer forgets the same and continues to schedule her. Who is responsible for ensuring her eligibility to work? I say the employer, but that's just in my humble opinion.

Thanks.

So is it considered illegal for the non-USC spouse to continue working past the 90-day EAD temp stamp? My husband wants to keep working but I just don't know if its worth the risk...

As I mentioned, it is documented, in procedure/law, not just subject-to-opinion, that illegal overstay or unauthorized employment can NOT be used as the grounds for the denial of Adjustment of Status, or when applying for Naturalization (though this may change).

You can be sure, though, that if either comes to the attention of USCIS/DHS, your next appointment / interview with them will spend a fair amount of time discussing your knowledge of the infraction you committed, and how complicit you were therein.

Again, however, if the adjudicating officer chooses to deny your application, this can NOT be the reason, though you might face a far more tight interrogation on other aspects of your relationship as a result thereof.

I am going to go out on a limb and say that I worked without authorization, unknowingly. I am also going to say that I did continue to do so after I received advice that I had been doing so.

I am also going to say this, and this is one thing that a lot of people here will caution against, as a general rule.

My partner is, or was at our AOS application, a student, that I was supporting. In or around that time, I started questioning whether K-1 Authorization was actual Employment Authorization, and the consensus was that it was not, that, though eligible, I would still have to apply.

I filed AOS with a joint sponsor, my fiance's mother.

I filed documents showing that I had been working, showing my income and assets as gained in the US, through unauthorized work.

The end result:

We got RFE'd.

One (of the five) pages (the others were for further proof of my joint sponsor's citizenship and tax info), stated that if I wished to use my income as part of this support statement, I had to show valid employment authorization, and had not done so.

Given that data matching, etc, etc, common sense re "EADs not processed within the initial 90 day K-1 period", etc, etc, that was made saying "You aren't authorized to work, so we cannot count any income you've claimed".

I had my AOS interview on Thursday.

What mention of this was made?

NONE.

We were approved based on the joint sponsor income and evidence of a genuine relationship. I think my reply to the RFE even mentioned that there was "no authorization document that could be supplied, so please continue our application without reference to this" (honesty at that point, knowing I'd screwed up, being the best policy).

Again, NO mention made of this.

May things change? Of course. This is not advice. This is my experience, that I can provide documentation of and the lack of issue it caused my partner and I, even as I got my welcome mail just today. Your milage, as they say, may vary, but BASED ON /CURRENT/ PROCEDURE AND LAW, your partner will not be negatively adjudicated against as the result of visa overstay or unauthorized employment."

So while the employee may not have told the truth, the employer is expected to have made a "reasonable person"'s effort in ensuring that said documentation sighted was accurate.

I'm saying that my wife DID tell the truth; "I can only work until November 8th". And, the employer did the due diligence to verify that my wife was eligible to work; based on her I-94 temporary stamp. So, both did the correct thing at the time of employment. My question is what happens on November 9th -- if my wife does not "remind" them of her temporary EA end date and the employer forgets the same and continues to schedule her. Who is responsible for ensuring her eligibility to work? I say the employer, but that's just in my humble opinion.

Thanks.

So is it considered illegal for the non-USC spouse to continue working past the 90-day EAD temp stamp? My husband wants to keep working but I just don't know if its worth the risk...

As I mentioned, it is documented, in procedure/law, not just subject-to-opinion, that illegal overstay or unauthorized employment can NOT be used as the grounds for the denial of Adjustment of Status, or when applying for Naturalization (though this may change).

You can be sure, though, that if either comes to the attention of USCIS/DHS, your next appointment / interview with them will spend a fair amount of time discussing your knowledge of the infraction you committed, and how complicit you were therein.

Again, however, if the adjudicating officer chooses to deny your application, this can NOT be the reason, though you might face a far more tight interrogation on other aspects of your relationship as a result thereof.

I am going to go out on a limb and say that I worked without authorization, unknowingly. I am also going to say that I did continue to do so after I received advice that I had been doing so.

I am also going to say this, and this is one thing that a lot of people here will caution against, as a general rule.

My partner is, or was at our AOS application, a student, that I was supporting. In or around that time, I started questioning whether K-1 Authorization was actual Employment Authorization, and the consensus was that it was not, that, though eligible, I would still have to apply.

I filed AOS with a joint sponsor, my fiance's mother.

I filed documents showing that I had been working, showing my income and assets as gained in the US, through unauthorized work.

The end result:

We got RFE'd.

One (of the five) pages (the others were for further proof of my joint sponsor's citizenship and tax info), stated that if I wished to use my income as part of this support statement, I had to show valid employment authorization, and had not done so.

Given that data matching, etc, etc, common sense re "EADs not processed within the initial 90 day K-1 period", etc, etc, that was made saying "You aren't authorized to work, so we cannot count any income you've claimed".

I had my AOS interview on Thursday.

What mention of this was made?

NONE.

We were approved based on the joint sponsor income and evidence of a genuine relationship. I think my reply to the RFE even mentioned that there was "no authorization document that could be supplied, so please continue our application without reference to this" (honesty at that point, knowing I'd screwed up, being the best policy).

Again, NO mention made of this.

May things change? Of course. This is not advice. This is my experience, that I can provide documentation of and the lack of issue it caused my partner and I, even as I got my welcome mail just today. Your milage, as they say, may vary, but BASED ON /CURRENT/ PROCEDURE AND LAW, your partner will not be negatively adjudicated against as the result of visa overstay or unauthorized employment.

My fiancee said that his gross for a year in his business is $50,000 or 60,000 a year but he doesn't have a tax return...What can he possibly show to prove it? Bank statement or he really needs to get a tax return?

Did he own the business last year? Was he working last year? If either of these can be answered with a "yes" then you need a tax return - even if his tax return from last year (if he has one) doesn't show his current financial situation, you still need it.

Statement from his accountant would go a long way here, in the absence of tax returns.

I'm not quite sure but my husband says that this has happened at his work before and the employer is at no fault what so ever. They often point to the employee and say it's their fault for either lying or not telling the truth. The employer has no fault in whatever happens in your AOS case/EAD case.

They have the vested interest in saying that. According to the form, they are supposed to state, as the employer that they have seen legal, valid, current authorization documents that appear genuine. There is mention made on the form of where to find information on what a document should state/look like, in case they are not familiar with it. They are supposed to verify the employee's SSN, and identity.

So while the employee may not have told the truth, the employer is expected to have made a "reasonable person"'s effort in ensuring that said documentation sighted was accurate.

In some industries, there is a high motivation to the employer to be ... "overly cursory" ... when making these inspections.

As mentioned, as the spouse of a USC, at AOS any illegal work that you have undertaken that DHS has evidence of is not a valid grounds for denial of your AOS (in and of itself, but you can bet depending on those circumstances, you might get a far more detailed interrogation about everything else).

AOS. Interview finished in 15 minutes, about half of which was the officer discussing the Seattle Storm. A complete breeze, glanced at joint bank account, life insurance and car lease. Took no copies. Literally nothing else, a question or two about the marriage and "what have you been doing since then?". Approved.

So, interview is at 1pm, and I'm wondering - as we've submitted all the 'proof' documents (other than relationship evidence, which we'll bring), and are happy for them to keep the documents submitted when we filed the AOS and RFE, do we need to bring /additional/ copies as per the Interview letter? Basically, I presume the interviewer will have the AOS file with all those documents in person.

Any comments?

I sat on my RFE for a while, because of a lot of distractions in life - the 'real' wedding, moving house...

Anyway, Aug 22, EAD card production ordered, which I can only presume is a good sign following their receipt of the stuff they wanted in RFE... now, Aug 24, I get a letter with my interview date of Oct 4 in Seattle (oddly, though, CRIS updated the EAD status before any paper notification, but I got the paper notification for AOS, but no update on CRIS for weeks)...

Got that dreaded pink slip in the mail this afternoon... and there's a few things I don't understand.

It asks for:

"F: (40) The sponsor or joint sponsor (if required) on Form I-864 Affadavit of Support must submit the following:

-W-2s, 1099s, and/or all schedules submitted to the Internal Revenue Service --- a copy of his/her federal income tax return was submitted and/or the sponsor or joint sponsor requested an extension to file his or her Federal income tax return."

Now... I sent W2's for primary and joint sponsors, complete tax returns were submitted, and neither of them had requested an extension in the past 3 years that I sent... The joint had, about 10 years back but I don't see how that means anything now. I don't understand the wording of that at all... not one little bit. If no one here can decipher it, is there anyone I can get ahold of within USCIS that can help me figure this out?

Then as a kicker it mentions:

"You are ineligible for interim employment authorization persuant to Title (blah blah some numbers) until 90 days after the missing initial evidence is recieved.

So does that mean that I can't work now for even longer??

Thanks so much,

-L

You won't be able to get a hold of anyone in USCIS that'll help you. I got the same thing one week ago, pink slipped, and I am almost certain I sent everything for both sponsors, except maybe one W-2. Re-send the tax return, any W-2s related, and 1099s, too. Doesn't matter that they already have it, just send it again.

And yes, unfortunately, it does mean you can't work. Because your EAD is dependent on being a valid pending I-485 applicant, which isn't the case until a complete I-485 package is in their hands, with all accompanying evidence (as per their determination).

Sucks, huh?

Thanks YuandDan,

my friend just getting married couple days ago. So under form I-765 (section 8) which status should he choose? Married or Single?

section 12: Date of last entry into the US - is it the day that he came to the US?

section 13: Place of last entry into the US - is the place that he lives right now or the place that first came to the US?

section 14: Manner of last entry - he's married now. so what code he should use on this section?

thanks

12: Yes. The last time he arrived in the US.

13: The place where he arrived in the US on the trip in 12.

14: "K-1 visa holder"

Well, that was fun. Seattle biometrics. Arrive 1.20pm for 2pm biometrics appointment. Am seen at 4.35pm and back in my car by 4.50pm. Only three hours or so, while my wife waited in the car outside. Fun fun fun.

I received an RFE asking for all that same stuff... although they fit all of the list on one page. It was a pink sheet, and it was VERY confusing.

Yeah, in one case the request was obviously cut and pasted. It contained a bit from the prior clause, and even started mid sentence. Oh well, off to make copies I go.

On the plus side, they didn't RFE my Vaccination Supplement (I submitted the DS, not the I (or vice versa)).

haha, well it sounds like you know exactly what you need to send now.

Good luck,

Matt

I'm tempted (and if I was to be strictly on the side of caution, probably should ) send multiple copies of the W-2s, etc. One for each request.

I'm writing the covering letter, and trying to be polite, while noting the three separate requests for the same document, ie:

"Page 1: See enclosed W-2s"

"Page 3: As per Page 1, see enclosed..."

...

So I've been RFE'd (actually Request for Initial Evidence'd) by our friends at DHS re my AOS.

Four pages.

Page 1, Request 1: (40) "W-2s, 1099s and/or all schedules submitted to the IRS" - fair cop, I have a distinct feeling that while tax return was submitted, W-2s were not. Can do.

Page 2: Request 2: (36) Proof of "authorization to work" from my sponsors, i.e. apparently I have to submit their birth certificates to prove they can work in the US.

Page 3: Request 3: (34) "Tax returns for sponsors", "W-2s for sponsors" - am getting just a little deja vu here.

Page 4: Request 4: (41) "W-2s, 1099s and/or all schedules submitted to the IRS" - now I really AM getting deja vu here, though the parenthetical is different

Page 4: Request 5: (37) Proof of current income of sponsor. Hm. My wife is a student, zero income recorded. Not entirely sure how I prove she earns zero.

Fun fun fun.

Name..................Date Rec'vd....NOA1 Date....Biometric.....Interview.....Approved?.....Stamp?

Allie&Leo...............03-28-07.....04-03-07.....04-23-07

goofi...................03-29-07.....04-04-07.....04-28-07

gupt0014................03-30-07.....04-05-07.....05-01-07

J*C*H*2007..............04-01-07.....04-06-07.....04-25-07.......CSC

icyshadesofblue.........04-02-07.....04-03-07.....04-25-07.....04-26-07 05-08-07

ridejewel...............04-02-07.....04-12-07.....05-03-07

birdnblindbloke.........04-02-07.....04-12-07.....05-01-07

bustweiser..............04-02-07.....04-09-07.....05-10-07

Txgirl75................04-04-07.....04-16-07.....04-27-07.....06-28-07

Vijay...................04-05-07.....04-11-07.....04-27-07

heathius................04-05-07.....04-12-07.....05-07-07

little4ele..............04-05-07.....04-11-07.....04-28-07

Ken_Maria...............04-06-07.....04-17-07

Maggie724...............04-06-07.....04-13-07.....05-07-07

florida_guy07...........04-08-07.....04-17-07.....05-02-07

wing....................04-08-07.....04-17-07.....05-01-07

burke...................04-09-07.....04-20-07.....05-08-07

J&K.....................04-09-07.....04-24-07.....05-16-07

Lucy1979................04-11-07.....04-21-07.....05-05-07

AgRo....................04-11-07.....04-20-07.....05-21-07

irishgirl73.............04-11-07.....04-23-07

Birdysboy...............04-12-07.....04-18-07.....05-15-07

nuzzledark..............04-12-07.....04-16-07.....05-04-07

nakashima ayumi.........04-13-07

raffyusa................04-13-07.....04-18-07.....05-09-07.....06-29-07

nyhazmat................04-13-07

misa....................04-17-07.....04-27-07.....05-10-07

God is Good.............04-20-07.....04-30-07.....05-30-07

jg_am...................04-21-07.....05-01-07.....05-22-07

cartoboy123.............04-21-07.....04-30-07.....05-21-07

Patric n Olivia.........04-22-07.....05-01-07.....05-23-07

New Yorker..............04-23-07

Achromatic..............04-25-07.....04-30-07.....05-25-07

Jashley820..............04-25-07.....05-04-07.....05-18-07

Kristen y Efrain........04-26-07.....05-05-07.....05-18-07

Buxton babe.............04-27-07.....05-07-07

Mysticbluerose..........04-27-07.....05-01-07.....05-10-07

Pepe Galleta............05-01-07

You will be out of status. "Illegal alien" is usually reserved for people who entered the USA without being inspected by a CBP officer, but in reality you will not be have a legal status in the break between your I-94 running out and you filing AOS. Although this usually doesn't cause issues, you might want to consider the fact that if you live near the New Mexico/Mexico border, and get picked up by immigration officers (who patrol around there), you might get in trouble for being here on an expired visa. Its a slim chance, but one not worth disregarding IMHO, if you live near the border.

That being said, I would recommend the following: take two copies of the NOA1 you'll receive a week or two after filing AOS - this is, as it says, NOT an immigration document, but one in your wallet, one in your passport will go a long way to smoothing things over if it becomes an issue. From the period you are NOA1 until you are approved / denied by USCIS, your status is described as "a period of stay [pending a decision (though I'm not sure of this exact text) authorized by the Attorney General".

So not even 24 hours after complaining, I got my biometrics appt notice, so please update: 05-25-07

Please share

Sure guys! I went to the appointed place, went in and asked the lady agent if I can have my appontment date changed to a later date (not sooner) since I have a medical appointment same day that I cannot simply miss or resched (some eye surgery). The lady asked for my doctor's name, hospital (I showed her my medical card too) and my biometrics notice and she talked with her boss. After a few minutes (I don't know if they confirmed something or not), she said they can do my biometrics that day than later. I went with the flow and got lucky I guess.

Good luck to the rest of you guys!

Em

So all we need to do is jab ourselves in the eye with a fork and we can get biometrics expedited?

I'll get right on it.

Rob, impatiently awaiting biometrics letter, 12 days after NOA1...

This is just to clear up a question. . . were you born in any other country than Canada. I know your a Canadian citizen, but through birth? I could see "Unknown" being a correct response (kinda) if the country one was born in is no longer a country right now. Sorry can't tell you any more. I too got my greencard in the mail today - but mine was fine . Congrats!

No, I've heard of ones being issued listing "USSR" as the country, which no longer exists.

Odd "unknown", though. I know on some of my docs they've listed my country of birth as "Scotland", "United Kingdom", and in one instance "UK (Scotland)".

An update for Achromatic:

NOA1 date - 04/30.