Edward Becnel

13 hours ago, Sparkle Sparkle said:

No need, you SSN will come with your EAD... But as you already know it will take a while before your EAD comes.... About 5-6 months. If you applied for your SSN alone 10-15 days after you married if you entered with K1 then you will get your SSN much sooner. 

Yes, we applied for the SSN shortly after we were married, but it was denied because the person who reviewed the application doesn't understand the conditions for the K1 AOS. Thank you for helping! 🙂

1 minute ago, Ed&Midori1031 said:

Ah ok gotcha.  Depends on the SS office I guess.  I applied for my wife 3 weeks after she arrived here.  Over 30 days should've sufficed, I'm sorry to hear that! 

I believe we will have to go back to the Social Security office once we receive her EAD. Thank you for answering.

1 minute ago, Ed&Midori1031 said:

It would've been much easier if she would've applied for SSN while still within the 90 days of the K-1 visa and the valid I-94.  Since her I-94, expired it will be a bit more difficult now to get her SS until she receives her GC or EAD 

We did file within the 90 days of the K-1 visa and valid I-94. It was just over 30 days prior to the expiration date.

My wife, who arrive here on a K-1 visa, applied for a social security card 1 month ago and we just received a letter for SSA saying:

"We cannot issue you a Social Security card at this time because:

Your legal immigration status and/or document(s) will expire before an SSN card can be issued to you.

Please contact us when:

Your alien status changes, or is renewed, so you can work in the U.S."

We have completed the filing of the I-485 AOS and EAD. Also, my wife has had her biometrics appointment completed. So, we are currently waiting for her green card. Can we still get her social security card at this time by visiting the local Social Security office and reviewing her case? Any other suggestions or insights into this issue?

Thank you in advance!

Is it valid to specify my newlywed wife's last name as my last name on the I-485 AOS form? I listed my last name as her new Family Name and her her maiden name as her Middle Name in the "Current Legal Name" section of the I-485. I also listed her maiden name as her Family Name and her given Middle Name (i.e., the Middle Name listed on her birth certificate) as her Middle Name in the "Other Names You Have Used Since Birth" section of the I-485. The reason why I am asking is because in Louisiana (our state of residence), marriage certificates only list the wife's maiden name as the family/last name. My last name (her new last name) is not listed anywhere on the marriage certificate as her new last name. I had asked the person at the court house where we filed for our marriage certificate about the last name change and the clerk told me to have her last name changed with immigration and also with Social Security. When we filed for my wife's SSN at the Social Security office they told me that they couldn't change her last name on the SS card to my last name, and that I should contact USCIS to ask how to change her last name to mine, first. Then, she would have to file for a new SS card after the name change is complete with immigration.

2 minutes ago, Allaboutwaiting said:

Submit a photocopy of the DS-3025, keep the original for your own files. You do not need an I-693 form.

 

They already have all the original documents -including results from the medical examination- in the packet your fiancée surrendered at entry. 

Thank you! That makes it clear.

4 minutes ago, payxibka said:

A careful read of the instructions will inform that all evidence submitted to the uscis is legible photocopies of original or certified copies unless an original is SPECIFICALLY requested 

Thank you so much for your answer and for answering my other questions as well!

21 minutes ago, Edward Becnel said:

My wife and son had a medical examination and vaccinations in the Philippines at St. Luke's Medical Center as part of the K1 Visa process. St. Luke's gave my wife (then fiance), copies of the vaccination records, however, they didn't give her an I-693, Report of Medical Examination and Vaccination Record. Was that form included in her sealed visa packet that she received from the US Embassy? She gave the sealed visa packet to US customs at her port of entry. So, my question is, do we need to submit the I-693 for her and her son for her I-485 Adjustment of Status? And if so, where do I get it?

I believe we only need to submit the DS-3025 Vaccination reports (which we do have). However, I am uncertain if I need to submit the original copies my wife was given or photocopies.

Following is an excerpt from I-693 instructions document regarding this:

3. What if I am a K nonimmigrant visa holder and already had a medical examination overseas?
Form I-693 Instructions 07/15/19 Page 8 of 12
If you were admitted as a:
A. K-1 fiancé(e) or a K-2 child of a K-1 fiancé(e); or
B. K-3 spouse of a U.S. citizen or a K-4 child of a K-3 spouse of a U.S. citizen; and
C. You received a medical examination prior to admission, then:
(1) You are not required to have another medical examination as long as you file your Form I-485 within one year
of an overseas medical examination; and
(a) The panel physician did not find a class A medical condition during your overseas examination; or
(b) The panel physician did find a class A medical condition, you received a waiver of inadmissibility, and
you have complied with the terms and conditions of the waiver.
(2) Even if a new medical examination is not required, you must still show proof that you complied with the
vaccination requirements. If the vaccination record (DS 3025) was not properly completed and included as
part of the original overseas medical examination report, you will need to have the Part 10. Vaccination
Record completed by a designated civil surgeon. In this case, you must submit Parts 1. - 5., 7., and 10.
of Form I-693.

My wife and son had a medical examination and vaccinations in the Philippines at St. Luke's Medical Center as part of the K1 Visa process. St. Luke's gave my wife (then fiance), copies of the vaccination records, however, they didn't give her an I-693, Report of Medical Examination and Vaccination Record. Was that form included in her sealed visa packet that she received from the US Embassy? She gave the sealed visa packet to US customs at her port of entry. So, my question is, do we need to submit the I-693 for her and her son for her I-485 Adjustment of Status? And if so, where do I get it?

16 minutes ago, geowrian said:

I'd personally not suggest leaving a required filed blank for 2 reasons:

1) If completed electronically, the 2D barcode will not show this data, and it is more likely not to be noticed by the person scanning in the forms. As a result, it can result in an RFE/RFIE by somebody just looking at the data in the computer.

2) Even if done by hand instead of electronic, it requires somebody to actually read through the packet to notice the blank field and subsequent explanation. An entry of "0" there when the intending immigrant is a spouse is a very common occurrence and they know what it means. It does not mean they are claiming to be unmarried.

 

My $0.02.

I don't believe that is a required field that must have a number present, however I will go ahead and place a "0" in that box as you suggested (just in case) but include a message to qualify that I am, in fact, married but didn't want it to be counted again (essentially what K1VisaHopeful suggested but stating why I put a "zero" there instead of a "1" or leaving it blank). This is how I am wording the note:

My wife is the principal immigrant named in this I-864 form. She has already been counted in Page 4, Part 5, Item 1 as the person I am sponsoring in this Affidavit therefore I could not count her again, hence I have a "zero" in this box. However, I want to emphasize and make it clear that we are, in fact, married.

Just now, Pitaya said:

Did you concurrently apply for EAD/AP for your wife and stepson? Concurrent filing for the spouse is an easy one to justify. However, one way for the stepson to get his SSN is to have a EAD. Likely quicker than waiting for his 2-yr conditional GC.

 

Just a thought from someone that has already been down that rabbit hole in our immigration journey....

No, I haven't done that yet, but I will, thanks to your suggestion!

I am filling out the Affidavit of Support, form I-864, to accompany the I-485 Adjustment of Status and am unsure if I should enter a "1" or a "0" for Part 5 (Sponsor's Household Size), question 3 which states: "If you are currently married, enter "1" for your spouse.".

My spouse is the K1 visa beneficiary whom I recently married, but she is already counted in Part 5, question 1: "Provide the number you entered in Part 3. Item Number 29." The number in that box is "2" (1 for my wife + 1 for her son, the K2 visa beneficiary). Also, there is a note in Part 5's heading that says: "NOTE: Do not count any member of your household more than once.". So, should I enter a "0" for Part 5, question 3, or a "1"? Entering a "1" would count my wife twice and the total Household Size is incorrectly counted as 4 when it should be 3.

9 minutes ago, Pitaya said:

You should notice your K2 stepson's Alien # (A#) on his Form I-797 NOA1, Receipt for AOS filing.  Not a good idea to use your wife's A#, since it isn't his number. USCIS knows that the K2's A # shouldn't be on the initial I-485 application, they haven't issued one to him yet.

 

Good luck on your immigration journey.

Thank you for the clarification. I will leave the A# blank on his AOS filing.

I am filling out the I-485 AOS for my new wife (the primary K-1 visa beneficiary) and her son (the K-2 visa beneficiary). The mother's alien registration number was hand-written by immigration at the port of entry on the visa page of the son's passport, so should I use this alien registration number for the son or should I leave this blank on the I-485? I have seen other related questions here on VisaJourney.com in which the answers mentioned that the A-number for the K-2 visa holder will be issued after the AOS is completed, so I am guessing that I should leave this blank. I am asking only because it is hand-written on the son's visa.

18 hours ago, JasonGG said:

Have you tried reversing the first and middle names?  We couldn't find out K2's I-94, but then someone suggested reversing her first and middle names and we found it.   CBP agent at Dulles simply put her middle name in as her first name and her first name as the middle name.  No problem with social security or AOS with the reversed order.  - Jason

Sure have. As it turns out, they entered his middle name with his first name and added a space in the middle of the middle name. So it was Emmanuel Da Ao insead of Emmanuel Daao. I thought I had tried every variant including:

Emmanuel Lastname

Emmanuel Daao Lastname

Emmanuel Da-ao Lastname

Emmanuel Da Ao Lastname <--- This one worked

Thanks for helping me out!

35 minutes ago, Edward Becnel said:

Do I need to fill out an I-94 by hand and bring it with us? Could this be handled by telephone instead? The nearest CPB Deferred Inspection Station is in Memphis, TN which is nearly 6 hours away. Also, does it matter which CPB station we go to? Can it be the nearest one to where we live (Memphis, TN) or does it have to be the one nearest her port of entry (which was Atlanta, GA). Thanks for your help!

I didn't notice at first, but now I see that there is a CPB office at the New Orleans International airport. So, I guess I just need to know if I can go there to resolve this issue or do I have to go to the one nearest their port of entry (which was the Atlanta International Airport)?

7 minutes ago, Pitaya said:

It sounds a bit like what I had to do with my now-stepson. I had to take him, Mom, and all of their paperwork to the CPB Deferred Inspection Station in Seattle. My stepson had copied all of his mother's info to his paper I-94. I had to take them there to get it corrected. I would suggest that you do the same, the record should be somewhere in the system, let them try to retrieve it. If not, they can likely remedy the situtation.

 

https://www.cbp.gov/contact/ports/deferred-inspection-sites

 

Good luck on your immigration journey.

Do I need to fill out an I-94 by hand and bring it with us? Could this be handled by telephone instead? The nearest CPB Deferred Inspection Station is in Memphis, TN which is nearly 6 hours away. Also, does it matter which CPB station we go to? Can it be the nearest one to where we live (Memphis, TN) or does it have to be the one nearest her port of entry (which was Atlanta, GA). Thanks for your help!

I recently married my K-1 fiance and need to file I-485 AOS for her and her son. I found my wife's I-94 on https://i94.cbp.dhs.gov/I94/#/recent-search. But am unable to find the I-94 for her son. I entered all of the information correctly, but it says "No record found for traveler". His passport has the visa page added correctly and it was properly stamped at their port of entry. How do I acquire the I-94 record for her son since the only way to get it is electronically on the web-site (the link I pasted above)?

3 hours ago, Hank_ said:

Visa wasn't denied.  You were given a 221g for additional documentation.   I know of two or three others that had to complete the DNA .. one was very completed .. longer story.  All are in the states now.

 

You would not believe how many people in the Philippines "adopt" a child at birth .. claiming it to be their child.  It is fairly common and easy to do.

I understand what you're saying Hank. It's the terminology. I appreciate your reply as it considerably eases my anxiety about the situation.

Here is quote from the document that was given to my fiance at her interview at the embassy... "Your visa application is currently refused under Section 221(g) of the Immigration and Nationality Act (INA). Please be advised that for U.S. visa purposes, including ESTA (see the ESTA website), this decision constitutes a denial of a visa." (see attached screen cap snippet from the document itself).

7 hours ago, George & Richelle said:

Whatever..... There was a time this site was decent. I even used a few years ago to help a friend fill out their fiancee visa. Those days are gone. Kudos to you!!! BTW how many years have you lived here straight? Not just a visit. No is a big part of the culture here. It is not uncommon to run out of a vaccine, need a pregnancy test, or a psych evaluation. Heck if you told me they ran out of the brown envelopes it would not be surprising at this point. All of those things are a real possibility, beyond the fact that it can take a long time just due to the numbers. It is irresponsible to tell people to show up late. Especially if they are on a tight schedule. This is the reality of the Philippines. Yeah some people get out in two hours, but my wife would tell you that is not the norm. I would agree 4 am is too early, but 5-6 would be okay. Especially if you stay close to there.

My fiance and I didn't want to take any chances whatsoever, but I left the decision up to her, so she chose to go to St. Luke's early in the morning. Now we have a separate issue we are dealing with. Her visa was denied because the embassy wants evidence that her son is her biological son. It appears that the official birth certificate isn't enough. So, I paid nearly $600 for the DNA test in a US-based lab and we're waiting for her appointment to go back to the embassy for the test. Yet more time, yet more money (DNA Test + round-trip flight + hotel + ground transportation/etc.). But it will all be well worth it to have her and her son here with me and we start our new happy family! Thanks to everyone who has responded to my inquiry and others here on visajourney.com. You are ALL such gracious and kind folks!

33 minutes ago, Hank_ said:

 

The reason the K-1 is processed by the IVU is because of "immigration intent" .. once she gets married to you she can apply for Adjustment of Status to receive a green card.   

 

 

Have fun with the immigration attorney.     

 

 

Just contact the embassy if you or your fiancee did not receive an email from the embassy (221g) .. which you did email them.    Now be patient and wait for their reply.

 

You are doing everything an attorney can do, they do not have a special book of matches to light a fire under the embassy.

The immigration attorney suggested that I can expedite the process by using a different DNA lab that doesn't require the official document from the embassy. I will try that route if she doesn't have the 221g in her email. I hope this lawyer knows what he's talking about.

31 minutes ago, Hank_ said:

She is in Mindanao   .. window 38 is a bit of a jaunt.     Emailing the embassy will get the necessary reply IF it is not in an email already.

 

For years now the embassy has been emailing the 221g  ... which is why I keep stressing for him to check his email, including SPAM folder, if nothing was handed to her at the embassy.

I did  check my SPAM folder and didn't see the email. Perhaps it was sent to my fiance's email. I'll have her check her Inbox and SPAM folder too. Thank you!

7 minutes ago, Greenbaum said:

Now you got him going in six different directions and confused as hell. Window 38 is open come Monday. Just saying. 

I apologize because I'm also confused as hell. I'm about to speak with an immigration attorney to sort this out.

Just now, Hank_ said:

Yup ... non-immigrant visa .. processed as .......  an Immigrant Visa.           Crazy huh!!?

OMG... This doesn't make any sense to me whatsoever. I'm about to talk to an immigration attorney. Sorry for so many back-and-forths.

21 minutes ago, Hank_ said:

 

There is a mistake.   The Immigrant Visa Unit is where you interviewed.

The DS-160 states this is a non-immigrant visa. This is a K-1 fiance visa. I found this online: If you are a U.S. citizen, you may bring your fiancé(e) to the United States to marry and live here, with a nonimmigrant visa for a fiancé(e) (K-1). An I-129F fiancé(e) petition is required.

1 minute ago, Hank_ said:

 

Did you check the email address on record with the embassy (in your petition, online dashboard, DS-160 .. or ?)   There will be a written request.

 

I don't see an email address on the DS-160. I only see the correct email address they sent in their initial reply. The first email I sent my inquiry to was: ACSInfoManila@state.gov. In that email, I found the correct email to send my inquiry to: IVManilaReplies@state.gov

Just now, Hank_ said:

 

There is a mistake.   The Immigrant Visa Unit is where you interviewed.

Yes, I realized that and resent the email inquiry to: IVManilaReplies@state.gov