cherrypeanut

I got my NOA in the mail 6/15
 
Package sent 5/31 to Chicago
Check cashed 6/8
"Case Is Being Actively Reviewed By USCIS" 6/9
Notice Date on the letter is 6/9

I got my NOA in the mail 6/15
 
Package sent 5/31 to Chicago
Check cashed 6/8
"Case Is Being Actively Reviewed By USCIS" 6/9
Notice Date on the letter is 6/9

I got my NOA in the mail 6/15
 
Package sent 5/31 to Chicago
Check cashed 6/8
"Case Is Being Actively Reviewed By USCIS" 6/9
Notice Date on the letter is 6/9

I got my NOA in the mail 6/15
 
Package sent 5/31 to Chicago
Check cashed 6/8
"Case Is Being Actively Reviewed By USCIS" 6/9
Notice Date on the letter is 6/9

I just sent my application! The evidence I provided is simple and straightforward...house deed, title insurance, car insurance, health insurance, joint tax return transcripts, a few joint bank account statements and some photos. I'm hoping that it will be enough.

1. If you filed your AOS within a year of having your overseas medical, then you shouldn't need to get a new one.
 
2. If nothing has drastically changed with the finances of the sponsor, then no need for a new I-864.

If done more than one year ago and you apply for AOS after one year,no you dont have to take I864 with you.they already have it.

I just did mine. I used Turbotax and filed as deemed resident. If you lived in Canada for less than 183 days, you need to file as a non resident I think. If you have foreign address, you can’t do Netfile, but Turbotax allows you to download and print the forms. You can manually fill out the form too, download it from CRA website.

If you were married in 2020 the normal advice (from the US side) is to file jointly, choose to be treated as a resident, declare your canadian income, subtract the excludable portion under category “bonafide resident of previous home country” OR if possible use the 330 days prior to entry + 34 days after entry and use the presence test, and take tax advantage of the MFJ bracket.
 
Canadian taxes?  Dunno.  Wrong site. 

I can answer for Canadian taxes as I was in a similar situation in 2019 -- you can file like normal but make sure your ID is updated on the first page of the tax return for things like your new last name (if applicable), address, marital status, and current residence and date of departure (under Information About Your Residence). If you had any recurring premiums for benefits based on residence, make sure they know you left so they stop charging you and refund any payments made since you left. I'm from BC and paid for MSP the month after I moved and they eventually gave back the amount because I updated my residency late. The CRA also issued me a GST/HSTC (and BC climate tax credit) notice to give back the tax credits I earned since becoming a non-resident of Canada but I had to call them to ask about this.
 
If you file US taxes after Canadian taxes, you can use Form 2555 to exclude your Canadian income. You'll also have to file FBAR if all your Canadian bank accounts add up to over $10k USD.

Yes, liquid assets can be used in lieu of income. Yes, your assets can be included in the household on the I-864.
Yes, it's at least 3x for a spouse of a USC. Below = no green card. Above = judgement call.
 
Worksheet to help get an idea of what they look for for AOS: https://www.uscis.gov/sites/default/files/policymanual/resources/Appendix-TotalityoftheCircumstancesFramework.pdf

Your husband checks 1.a for his I-864.
Your joint sponsor checks 1.d if he is the only sponsor. If they filed taxes jointly with a spouse, I think they each have to provide an I-864 and check 1.e (first and second respectively), but maybe others can confirm.
 
Proof of US domicile is required from the  joint sponsor.

Hi All, 
 
I said I'd update you on my move to the US. So I moved on Sunday, this was pulled forward a couple of weeks as we didn't know if Trump would continue to change the Executive Order.
 
I flew from London Heathrow to Newark and then on to Denver, Colorado. At first I wasn't sure if they were going to let me fly as I had to wait for IPS (Inspection of Passport Services) to check my Visa. Note I flew on an IR1 category visa. That took half an hour, there were three people on Visa's and two of us were authorised. I learned the other person was travelling to work on a ship so his visa qualified. The check in staff are told to refer anyone who isn't already a Green Card Holder or US Citizen so don't panic. Overall, took me two hours to check in but the desk computers had also gone down!
 
At Heathrow, everything was closed! Except Boots and WH Smiths. There was only about 20 of us on the flight. The airlines were not serving alcohol either lol. Trolley's not being used, they just handed meals, drinks etc... out plus no ice was provided. I'm not fussy though! They also removed the pillows but they are gross anyway lol.
 
Landed into Newark, the Centre of Disease Controls held us onboard. We had to complete a form called the COVID-19 report, this has to be done to be let off the plane. They advise that you self isolate for 14 days, along with any household members, also if you have any symptoms to call the doctor. When you disembark, they give you a mask, if you don't have one, they will give you a medical mask when you get off the plane. The CDC take your temperature then, if it's OK, you will head to immigration.
 
At immigration, all the guards are wearing masks, they will ask you to take off your mask so they can ID you. I'm not sure if this next bit was normal but you may get seconded. This means taking into the back basically. I was sat there will 7 other British Citizens. My passport was given to the immigration officers behind the desk and I waited to be called. Make sure you leaving enough time to do this, it took me about 30 minutes then I had to get my luggage and re-check in etc.... I have 3 hours 40 min lay-over and had to wait a couple of hours after this, immigration won't care if you only had an hour layover. They asked me to confirm my husbands name, our wedding date and where we got married. I was processed and released.
 
Now, domestic flights don't seem to have many restrictions. It was a full flight from Newark to Denver. It seems the general consensus to wear your mask when you aren't eating or drinking. I popped to the bathroom to remove mine periodically as I get pretty claustrophobic in mine! I think I saw one person without a mask. Again, only non-alcoholic drinks on board! 

 
Landed in Denver, this was pretty normal, no checks for domestic flights. Denver was pretty closed as well except for the necessary shops. My husband wanted to plan a group at the airport but due to the pandemic, it was just him which is fine. 
 
I think this will be a story for our kids how mummy moved during a world crisis.

Good luck everyone! want to post this so you knew first hand what it was like if you are in a position to move.

Release Date: April 24, 2020   On March 18, U.S. Citizenship and Immigration Services temporarily suspended in-person services at its field offices, asylum offices, and application support centers (ASCs) to help slow the spread of coronavirus (COVID-19). USCIS is readying offices to reopen on or after June 4. Employees in these offices are continuing to perform mission-essential services that do not require face-to-face contact with the public while the offices are closed.
While offices are temporarily closed, USCIS will continue to provide limited emergency in-person services. Please call the USCIS Contact Center for assistance with emergency services.
 
USCIS field offices will send notices to applicants and petitioners with scheduled appointments and naturalization ceremonies impacted by the extended temporary closure. USCIS asylum offices will send interview cancellation notices and automatically reschedule asylum interviews. When the interview is rescheduled, asylum applicants will receive a new interview notice with the new time, date and location of the interview. When USCIS again resumes operations for in-person services, USCIS will automatically reschedule ASC appointments due to the temporary office closure. Individuals will receive a new appointment letter in the mail. Those who had InfoPass or other appointments must reschedule through the USCIS Contact Center once field offices are open to the public again. Please check to see if the respective office has been reopened before calling the Contact Center.
 
Please also visit uscis.gov/coronavirus for updates. For the latest information on the status of an office, visit https://www.uscis.gov/about-us/uscis-office-closings.
 
Link to original: https://www.uscis.gov/news/alerts/uscis-offices-preparing-reopen-june-4?utm_source=rss-feed&utm_campaign=News Releases

Just wanted to follow up to an earliest post I made. My fiancée arrived into the USA today post executive order. She had absolutely no problem and it seemed way easier than anyone thought it was going to be. I also spoke to a few attorneys as well and can only speak on behalf of those with a k1 visa. From what it appears as long as you have the k1 visa before the EO took effect you should be safe. Also the airlines realize if they let someone in a flight and they get deported that airline has to pay a big fine so the idea for the most part is if they make it on the plane they should be fine. By the way her checked bag ironically got stolen in a very empty airport but I will trade a bag for my fiancée any day. 

A recap of key points since it appears people are not reading some of the remarks on page 1 and some questions are being asked over and over...
If you are a current green card holder, you can enter the US fine. This does not impact ROC, naturalization, I-90s, etc. This does not impact AOS, COS, or EOS. It only impacts new visas. Any visa already issued remains valid and you can enter the US on it just as before. This does not impact any non-immigrant visas (NIVs). Signs are this means it does not impact K-1 visas. This is not 100% confirmed and won't be until DOS makes an official statement or a K-1 visa is actually issued (and doesn't meet any of the other exemptions). This is the best the community has to offer at this time. Even consulates do not have clear guidance on the EO yet. It'll take time. I'll be watching for memos and FAM updates as well. There is a clause suggesting a different EO to cover NIVs will be coming later. Nobody knows the details as it doesn't exist yet. This does not impact spouses or children (under 21) of a US citizen. Stepchildren who became so before turning 18 are treated the exact same as children for this purpose. There are exceptions for applicants who intend to work in the healthcare field. Exactly what qualifies or not is uncertain. As of this time, the CO will make the decision on if one is covered under this exemption. The ban is for 60 days but can be extended as determined necessary. As a result of the above....
This does ban individuals seeking an immigrant visa (not AOS) for:
Parents of a USC (IR-5) Spouses or children of an LPR (F2A/F2B) Sons/Daughters of a USC (age 21+, F1/F3) Siblings of a USC (F4) EB visas, except EB5 Diversity Visas (DVs) Likely others I missed (will update if somebody points it out)  
Less common occurrences...
If you hold a valid Advance Parole (AP) document, refugee travel document, etc., then this remains valid and you can enter. Adoption-related visas are exempt. Exemptions exist for relatives of an active armed forces member. Special Immigrant visas are exempt (this is for things like people who assist the military in Iraq and such - you would know if this category applies to you!) Asylum and refugee cases are exempt.

He is a Canadian and yes, there is a USA immigration customs post there - so luckily we knew without him having to journey too far. We felt confident with the comments in this board, but still had some hesitation. All worked out though! Marrying Monday so we can apply for AOS ASAP..

Good morning everyone! Fiancé successfully made it through Toronto customs this morning with his K1 visa. He says the customs officer first said they were not accepting that visa, but they were corrected by another officer and he ultimately was accepted. From there sounds like it was a smooth, normal process. I am sure he was the first visa through since the executive order took effect so there was probably some learning this morning. 

I know many of you are wondering about the k1 visa if they are allowed into the country now the ban is in effect. I will let you know my fiancée is currently on a flight right now to come to the USA. She is expected to arrive in about 9 hours from now. I would greatly appreciate people’s prayers that this would go smoothly and I hope to report good news to you all. 

Just wanted to share: https://travel.state.gov/content/travel/en/News/visas-news/Proclamation-Suspending-Entry-of-Immigrants-Who-Present-Risk-to-the-US-labor-market.html

I'm really not sure how else to say it....it's pretty clearly stated in the text already.
Are you:
1) Outside of the US;
2) Not in possession of a valid immigrant visa; and
3) Not in possession of a valid travel document (like AP or something)
 
If you meet all of the above, then you are banned unless you meet any of the criteria in the subsequent section (all the exceptions to the rule).
If even one of those does not apply to you (such as having a valid immigrant visa already), then you are not subject to the ban.

"shall only apply to aliens who:
...
do not have an immigrant visa that is valid on the effective date"
 
So if you do have a valid visa already, the ban does not apply.

It is quite clear  
 
If they are outside the USA, do NOT have a valid visa in hand , and do NOT have a valid travel foil, then they are affected.. 
.
He holds a valid visa, he should be golden 

Read through the whole 10 pages,and I see the back and forth with K1's and my opinion is. Although K1's are NIV applications have to pass through the IV unit at the embassy/consulate because it has to be prepped for immediate follow up in the states when you file for ADJS. Immigrant visa's allow you to enter the USA already as immigrants while immigration for k1's are triggered when you apply for ADJS. I do suspect you are allowed 90 days to marry because thats about how long your follow up information can last in the system. The fact that you have to apply for AP for k1's or other categories that allow ADJS shows that K1's are not IV. My other point is that K1's are prepped by IV units but they are actually issued by NIV units. And I quote
 
"(U) K Visas:  K visas are nonimmigrant visas and therefore are treated as such for PP 9645 purposes and not subject to PP 9983.  Therefore, if a K visa applicant is subject to restrictions under PP 9645 as a nonimmigrant applicant, he/she must either qualify for an exception or waiver before a visa may be issued"
source: https://fam.state.gov/FAM/09FAM/09FAM030214.html#M302_14_10_C_1
 
PP9983 Refers to :  Countries that are banned in the previous EO
 
9 FAM 302.14-10(B)(2)  (U) Nationalities Subject to Presidential Proclamation 9983
(CT:VISA-1027;   03-12-2020)
a. (U) PP 9983’s visa restrictions and suspension of entry provisions were tailored to each country with the goals of reducing the security threat the unrestricted entry of nationals of those countries might pose and encouraging improved identity-management and information-sharing practices by the countries' governments.    Below is the list of countries of identified concern in PP 9983; however, this list may change as listed countries overcome deficiencies in their identity-management or information-sharing practices or unlisted countries become deficient:
(1) (U) Nationals of Burma:  The issuance of visas to nationals of Burma is suspended for all immigrant visas, including diversity visas, except Special Immigrants whose eligibility is based on having provided assistance to the United States Government
(2) (U) Nationals of Eritrea:  The issuance of visas to nationals of Eritrea is suspended for the all immigrant visas, including diversity visas, except Special Immigrants whose eligibility is based on having provided assistance to the United States Government.
(3) (U) Nationals of Kyrgyzstan:  The issuance of visas to nationals of Kyrgyzstan is suspended for the all immigrant visas, including diversity visas, except Special Immigrants whose eligibility is based on having provided assistance to the United States Government.
(4) (U) Nationals of Nigeria:  The issuance of visas to nationals of Nigeria is suspended for all immigrant visas, including diversity visas, except Special Immigrants whose eligibility is based on having provided assistance to the United States Government.
(5) (U) Nationals of Sudan:  The issuance of visas to nationals of Sudan is suspended for diversity visas
(6) (U) Nationals of Tanzania:  The issuance of visas to nationals of Tanzania is suspended for diversity visas
 
 
9645 Refers to Countries that are Exempted in the previous EO
 
9 FAM 302.14-10(B)(6)  (U) Exceptions to Presidential Proclamation 9645 
(CT:VISA-1027;   03-12-2020)
a. Unavailable.
(1)  (U) Any national who was in the United States on the applicable effective date described in 9 FAM 302.14-10(B)(3), regardless of immigration status;
(2)  Unavailable.
(3)  Unavailable.
(4)  (U) Any lawful permanent resident (LPR) of the United States, including SB-1 (returning resident) IV applicants;
(5)  Unavailable.
(6)  (U) Any national who has a document other than a visa – such as a transportation letter, an appropriate boarding foil, or an advance parole document – valid on the applicable effective date described in 9 FAM 302.14-10(B)(3) for that national or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission;
(7)  (U) Any dual national of a country designated under PP 9645 or PP 9983 when traveling on a passport issued by a non-designated country;
(8)  Unavailable.
(9)  (U) Any national who has been granted asylum; any refugee who has already been admitted to the United States or who has been approved for resettlement in the United States; or any individual who has been granted withholding of removal, advance parole, or protection under the Convention Against Torture.  This does not apply to applicants who were granted Temporary Protected Status (TPS).
b. Unavailable.
c.  Unavailable. 
d. (U) Derivative Family Members:  A derivative family member may only benefit from an exception if he or she individually meets the conditions of an exception.  If family members are traveling together and do not all benefit from an exception, you should consider that factor in evaluating the applicants’ waiver qualifications.
 
****To my understanding and according to all language used in the EO, for now K1's are exempted. What will follow after the  the Secretary of Labor and the Secretary of Homeland Security, in consultation with the Secretary of State, reviews "nonimmigrant programs" might include K1's
 

This is from the RapidVisa web site, a service to help folks immigrate, I used them and they were good::
 
"
Trump Immigration Ban
April 22, 2020 – TRUMP IMMIGRATION BAN – President Trump signed an executive order temporarily banning certain immigrant visas. The majority of RapidVisa customers aren’t affected. It doesn’t apply to K1 fiance visas, CR1/IR1 spousal visas (with US citizen sponsors), CR2/IR2 child visas, Adjustments of status, Removal of Conditions, Naturalizations, or Tourist visas. Customers affected at this time are IR5 parent visas and F2A spousal visas (LPR sponsors)."