kwoodruff

Hi everyone. My husband received his adjustment of status and is now a permanent resident as of November 2019. We want to get him a credit card so he can begin building credit here in the States. We applied for a joint credit card through my credit union, but they denied our application only on the grounds that his permanent residence technically "expires" in November 2021. That is the period where we have to apply for the government to life the "conditional" portion of his 2-year green card, so he doesn't have any limitations. Even after explaining this, they said they cannot make any exceptions. We met the income threshold, etc. so there were no issues there.

With that said, has anyone else run into the same issue? Are there good credit card providers that do not see this is a problem?

Hey everyone,

We just received a Request for Initial Evidence on our I-485 Adjustment of Status application for my husband, who came over from the UK to the U.S. in April 2019 on a K1 visa. The notice said, "Submit a copy of the birth certificate or other primary birth record issued by the appropriate civil authority for the applicant. USCIS will only accept a long-form birth certificate, which lists at least one parent. It must contain one of the following: A legible seal, a legible stamp, a signature with a title containing the words secretary, registrar or births and deaths."

We originally submitted a photocopy of my boyfriends birth certificate with our I-485 application back in June 2019. It was a photocopy of a certified copy of his UK birth certificate. I did some research and this seems to be the long-form version.

We stored electronic copies of everything we submitted in our application, so I took a picture of the birth certificate scan and crossed out any identifying information. I attached it to this post. Of course the copy we submitted was much cleaner, this is just to give you an idea of the contents of his birth certificate.

Any ideas why this one might not have been accepted? Is it because the person who signed the birth certificate named themselves a "Deputy" and not a "registrar, secretary or births and deaths"?

Cheers in advance.

37 minutes ago, fip & jim said:

It's 3 years for a spouse. 

 

Have you researched moving to the UK? It's something we have as a plan B for the future but I don't think I'd have the energy or patience to go through it all again in a few years. 

I have done some initial research, but nothing too deep. I have done loads of research on the U.S. immigration process to get the point where we are now (AOS pending), but still have a lot to learn about UK immigration. I agree that immigration is an onerous process and it's hard to think about essentially "starting it all over again" if we moved to the UK. Just want to keep our options open. Definitely understand what you mean though.

Just now, jskibo said:

If your plan is 5 years out why not have him get citizenship at 3 years and not worry about surrendering green cards?

Good point! For some reason I thought I had read that citizenship takes longer than 3 years.

5 minutes ago, payxibka said:

Green card validity and relocation to a foreign land are two very different things 

Sorry my question might have been poorly worded, partly due to the fact that I'm not an expert in any of this by any means! I guess I am asking, are there negative ramifications if you decide to move back to your home country while on a U.S. green card? For personal/familial reasons as I noted above. 

My husband is a K1 visa holder awaiting AOS, which is projected to be approved ~January 2020. We have been discussing our future and we know that at the time we have kids, we will likely want to move back to the UK (as his family is larger and can provide more support). That is probably 5 years away still. Right now, living in the U.S. is the best option for us because I have a good job and we like the area.

My questions is: I know green cards can last up to 10 years, so if we decided to move (for example) 5 years in - would that be frowned upon? I am not sure of the time frame that is considered acceptable, but just want to have it in mind as we plan where we want to move and have children, etc.

Of course I am aware that if we decided to move the the UK, he would no longer have a green card or legal residency in the U.S. I just want to make sure we find a way to move that is acceptable and by the books if we choose that path.

Thanks!

3 hours ago, Lebanese23 said:

Just like Peot mentions, it's case by case basis, I didn't have to show proof of financial hardship but i did explain why i need to expedite for multiple reasons. ALSO you didnt mention if you did your biometrics yet.  I would wait until you have completed your biometrics before you submit an expedite, I believe they can't give you EAD without completing biometrics.

 

1. I made enough above poverty. my income was great when i lived with my parents, but now that i moved out, the bills were piling up and one income wasn't enough.  I also mentioned we live in the suburbs and my husband wasn't able to drive without an EAD or go grocery shopping, etc. it was a very difficult situation, especially in the winter months, he was going crazy sitting at home, he started applying for jobs and got a job offer letter and i used it to expedite.

 

2. I reached out to my congressman office only because calling USCIS was a total fail at the time, you can try it but they weren't even picking up the phone.  The Congressman staff has more power I guess, they asked me to fill out 2-3 papers to email back and I attach the job offer letter for proof of expedite.  They were very willing to help, within 2 weeks, card being produced. got card in mail a week later, so a total of 1 month if they are quick.

 

3. do not say your job is flexible, give them an end date, it will make them work on it quicker.  give them a month from when you submit them.

 

Like i said, i didn't provide proof that i was struggling financially, but i did explain that i bought a condo and I'm paying off the loan and bills, which was a lot on my shoulder, we desperately needed another income to help ease off the stress. I was also paying for wedding party at the same time. but i didn't mention that. but the driving in the suburbs might have helped.....who knows. or maybe the congressman staff that worked on my case was really persuasive. she even called me to tell me how committed she was to get me the work permit. so it's really all luck at the end.

Thanks for your reply. It's such a stressful process so it's nice to hear if/how others were successful. My husband did have his biometrics appointment on July 10, so we're good there.

How did you go about contacting your local Congress staff? Just looked them up online and reached out by phone or email? I have heard it's very difficult to get in touch with USCIS even through the hotline and that even when you do - half the time they are not that willing to help. This is is why I am trying to gather everything possible before we try to get in touch with them. Hopefully it will make the process quicker!

1 hour ago, Peot said:

1. It's on a case-by-case basis. You need to prove that if you are without the EAD you would suffer "Severe financial loss to a company or person". This can often be shown in the form of debts, bank account in arrears or overdrawn, if one of you has lost their job or suddenly undertakes a financial burden (medical, funeral, loss not covered by insurance). Having a salaried position, a bank account in the black, and a savings account might be evidence against the urgency, but again it's all subject to interpretation on a case-by-case basis by the USCIS. If they need more evidence, they'll send an RFE.

2. It's not required to speak to your congressman to file the application. Usually when the application for expedition has exceeded 90 days or there's been zero to no correspondence and people get nervous about the status they reach out to their local government. This often happens if the financial loss (or other reason for expedition) is immediate or has already occurred and the application needs to be processed as soon as possible. Many people submit the entire expedition request through their congressman which is an option available to you.

 

3. If you're asking whether or not you should be truthful in your correspondence with the USCIS, you know what the answer will be. The flexible job offer will again be a negative towards proving "financial loss" since the job offer isn't going to disappear without the expedition.

 

4. Though the cover letter mentions there will be a financial burden, a job offer doesn't show this. The burden of proof is on you to show that via bank statements, letters from creditors, invoices, etc. You would still need to provide the job offer, but it's not going to prove your burden very well.

 

 

Thank you so much for your reply. This helps a lot!

Hello all. We submitted my husband's I-485/131/765 and received receipt of them on June 11, 2019. We'd like to request to expedite his employment authorization document because he just got a job offer from an industry connection here in the States. Before we do so, I have a few questions. 

1. Is a cover letter and job offer letter sufficient proof if we are filing under the "severe financial loss" category? Right now, I am a salaried employee, but the bills are weighing quite heavy on me now that there are two of us. I'm not in the poverty range by any means though and I do have some money in savings (nothing major, a few thousand dollars), so I am wondering if they'll say "No, you make enough money - your husband doesn't qualify for the expedite request because of this." Any feedback on this?

2. I have seen people post that they get their local Congressman/woman involved in the EAD expedite process. When/why is this necessary? Can someone explain? I've dug into numerous threads and I still don't think I have a good understanding of it. If we just submit the expedite request with USCIS, is that sufficient, or do we need support from our local Congressperson?

3.  Since my husband got a job offer from an industry connection, they said his start date was flexible since they understand his situation. They basically said he can start whenever he gets his approval for work authorization. I read that a definitive date in the job offer letter is important to help move the process along. If we ask his potential employer to list a start date that is 1 month from the day we request the expedite, is that reasonable?

4. I copy/pasted my husband's cover letter below. If anyone has any comments or improvements, please let me know.

------

USCIS

Street Address

City, State, Zip Code

Date: <Insert Date>

Re: Request to Expedite I-765 Employment Authorization Document

I-765 Receipt #: Insert Number

A-Number: Insert Number

Dear USCIS Team,

Please find attached requested proof of my active job offer for <job title> with <company name> to give weight to my request to expedite my I-765 Application for Employment document. This job offer is valid until Monday, August 19, 2019.

I would very much appreciate the opportunity to expedite this case under financial hardship, which will allow me to commence this role and become an immediate tax-paying member of American society, and in doing so, alleviate the financial burden of single income on my spouse.

Sincerely,

Name

Address

Phone Number

Email

Hello!

My husband immigrated to the U.S. on a K-1 visa in late April 2019. We submitted for his adjustment of status (I-485) along with his EAD (I-765) and Advance Parole (I-131) at the same time. We submitted in early June and received receipt from the USCIS of all three forms.

My question is related to expediting the EAD. My husband teaches martial arts and is well known for his expertise on this topic in the UK and Europe. In his time here, he has made some martial arts connections where we live (in Michigan). While said instructors cannot afford to employ him full time, they did offer to write a letter confirming they will pay him to host karate seminars because of his knowledge on the topic. This would be a fixed rate (e.g. $200 per seminar). The seminars vary in frequency and could be anywhere from 2-15 a month. It just depends on the demand and scheduling.

Since this isn't full time employment (or even a guaranteed number of "hours of work" per week like your traditional part-time job), would this still be grounds to request expedition of the EAD? We are trying weigh options, but his passion and career is really in the martial arts field and there aren't many other job opportunities in that field where we live beyond this one.

Thank you for any comments or feedback.

Hello all, 

My husband just submitted his adjustment of status based on a K1 visa and we received the receipt from USCIS on June 12, 2019. If I were to change jobs - would I need to submit any new documentation to support his case? Especially related to the I-864? I assume they would ask about my employment at our interview, but I hate to not provide information upfront if it is required. I couldn't find this exact scenario anywhere, so hoping this community can help me out!

Thanks!

On 3/1/2018 at 10:39 AM, QueenoftheThrow said:

Holy update you guys!!!! Our status just changed to "Card in Production"!!!!!!!  We didn't have any other notifications on the case beyond the first send fax "case open/closed" on February 2nd. I'm shocked. 

 

Hopefully everyone hears back soon! Contact your Congressman/Senator, if you haven't. I feel that made a difference. We're at around 60 days total. 

Sorry, I'm new to the idea of expediting EAD. Can you explain how involving your Congressman/Senator helps and how you got in contact with them / what you asked? Thank you!!

16 hours ago, TBoneTX said:

Psst... be careful to avoid reviving "zombie" (old) threads or posting twice on the same topic!  

Thanks I only posted when I couldn't find the exact answer to my questions in other threads.

15 minutes ago, Wuozopo said:

If you notice, I deleted those extraneous things from the list I revised.

It is a tax return transcript. 

Again per the instructions for the form:

 

You must provide either an Internal Revenue Service (IRS) transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to maintain su FYI cient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years. 

 

If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income. 

 

" I have read that the three separate forms...."  Just a point of clarification, it is three separate applications, not forms. The I-864 is just evidence that you will support him. It's not an application for an immigration benefit. It's just part of the evidence like the marriage certificate and other things in the list.

 

My logic says one envelope arrives at the lockbox. The contractors  respond to one G-1145 to let you know everything arrived.  And they look at the one cover letter and say "oh look, she sent 3 application AOS, EAD, AP."  Then they tear it all apart and make 3 folders in their preferred order to pass on to the USCIS departments. My conspiracy theory is that cover letters get thrown out when they put together the standard government file for the departments. I believe that so much so, that I quit doing cover letters completely. And yes it did work out fine for me. Never received one RFE from Fiance petition to US citizenship. Approved on the spot at both interviews. And I didn't over-fill my applications with extraneous stuff for "just in case". 

Thank you! It's so hard to know in these cases because it seems people have posted about getting RFE's for the most random things! I guess my approach was include everything so they have no room for doubt. Thank you for your detailed response, this helps me a lot.

2 minutes ago, DaveAndAnastasia said:

Either include W-2s and tax returns OR include tax transcripts. Don't send all three, and definitely don't send transcripts and W-2s without 1040s (this just confuses them).

 

I recommend just sending transcripts; it's too easy to accidentally forget a schedule or something with the W-2 + 1040 and all schedules route.

Thank you! So, the Federal Tax Return transcripts are sufficient? Tax stuff confuses me to no end, so I just tried to include everything possible to avoid an RFE.

I downloaded my Federal Tax Return transcripts from the IRS online portal, but there was an option for downloading Wage Transcripts and Federal Tex Return transcripts. Which one do you recommend including?

Thank you so much!

1 hour ago, Wuozopo said:

Cover Letter

G-1450 Form, Authorization for Credit Card Transactions in the amount of $1,225.00 USD ($1,140 I-485 filing fee + $85 Biometrics fee)
G-1145 Form, E-notification of application/petition acceptance

Form I-485: Application to Register Permanent Residence or Adjust Status

• 2 passport style photos (Matthew)
•  Copy of birth certificate (Matthew)
• Copy of passport biographic page (Matthew)
•  Copy of K1 visa in passport & USA entry stamp (with date) (Matthew)
•  Copy of I-94 Admission Records (Matthew)
• Certified copy of marriage certificate
• Form I-864, Affidavit of Support Under Section 213A of the Act – signed and dated by Katherine, along with the following evidence
•      o    Copies of  IRS Tax Return Transcripts for years 2018, 2017 and 2016 (Katherine)
•      o    Signed certificate of employment stating salary for Katherine
•       o    Pay stubs from January 2018 to time of application submission for Katherine
•  I-693 Form, Report of Medical Examination and Vaccination Record, completed and sealed by approved civil surgeon (for Matthew)
• Copies of J-1 “Certificate of Eligibility for Exchange Visitor (J-1) Status” for years 2013, 2014 and 2015 with explanation (for Matthew, he held temporary work in the U.S. for three summers)

 
Form I-765, Employment Authorization

•  2 passport style photos (Matthew)
• Copy of passport biographic page (Matthew)
• Copy of K1 visa in passport & USA entry stamp (with date) (Matthew)
• Copy of I-94 Admission Records (Matthew)

 

Form I-131: Travel Document (Advance Parole)

• 2 passport style photos (Matthew)
• Copy of passport biographic page (Matthew)
• Copy of K1 visa in passport & USA entry stamp (with date) (Matthew)
• Copy of I-94 Admission Records (Matthew)

 

That's one cover letter showing what's in the envelope

One payment

One request to be notified that the envelope arrived

And three applications with evidence separated with paper clips or a bulldog clip.

 

Note on Affidavit of support: It should be 6 months of pay stubs per the form instructions.

 

Take your joint marital proofs to the interview.

 

Thank you. I have read that the separate forms (765, 131 and 485/864) get separated once they arrive to the USCIS office, and could potentially go to different people to review/approve, so that's why I included a cover letter on each (as well as the E-notification request). You recommended not doing that - did it work OK that way for you? Just want to get as many opinions as possible.

I will add 6 months of pay stubs per the I-864 instructions, good catch! Thanks for reviewing my packet!

1 hour ago, USS_Voyager said:

Looks good. Are there more documents that have both your names on it that you can throw in the I-485 such as joint lease, credit cards, bank statements, ... and the like. If you don't have it, you don't have it and it's fine. 

Thanks! I was going to include, but wasn't sure if they preferred only the documents requested. I've read varying opinions. They can be oddly particular and I never know when they will decide to be *sigh* I definitely have that stuff and will include! Do you have a recommendation as to where in the order?

Thanks again!

Hello all!

Thanks for everyone's help that has responded to my other questions I've posted. We gathered all of my husband's documents for his K1 AOS, including the I-485, I-131 and I-765. He's from the UK, so no translations are needed. Can anyone review and let me know if I might be missing anything? Referenced below is me (Katherine, the U.S. citizen) and my husband (Matthew, British citizen on the K1).

Feel free to make comments on anything, including the order of the documents. Any help appreciated!

-----

I-485, Application to Adjust Status (and I-864, Affidavit of Support from U.S. Citizen Spouse):

•    2 passport style photos (Matthew)

•    G-1450 Form, Authorization for Credit Card Transactions in the amount of $1,225.00 USD ($1,140 I-485 filing fee + $85 Biometrics fee)
•    G-1145 Form, E-notification of application/petition acceptance

•    I-485 Cover Letter
•    Form I-485: Application to Register Permanent Residence or Adjust Status
•    Copy of birth certificate (Matthew)
•    Copy of passport biographic page (Matthew)
•    Copy of K1 visa in passport & USA entry stamp (with date) (Matthew)
•    Copy of Form I-797C Notice of Action of I-129F Fiancée Petition (NOA 1 / Receipt Notice)
•    Copy of Form I-797 Notice of Action of I-129F Fiancée Petition (NOA 2 / Approval Notice)
•    Copy of NVC correspondence notifying us they received our I-129F application and were forwarding to the Embassy (dated December 26, 2018)
•    Copy of I-94 Admission Records (Matthew)
•    I-693 Form, Report of Medical Examination and Vaccination Record, completed and sealed by approved civil surgeon (for Matthew)
•    Certified copy of marriage certificate
•    Copies of J-1 “Certificate of Eligibility for Exchange Visitor (J-1) Status” for years 2013, 2014 and 2015 with explanation (for Matthew, he held temporary work in the U.S. for three summers)

•    I-864 Cover Letter
•    Form I-864, Affidavit of Support Under Section 213A of the Act – signed and dated by Katherine, along with the following evidence:
o    Copies of Federal Income Tax Return for years 2018, 2017 and 2016 (Katherine)
o    Copies of  IRS Tax Return Transcripts for years 2018, 2017 and 2016 (Katherine)
o    Copies of W2s for years 2018, 2017 and 2016 (Katherine)
o    Copies of Form 1099 for years 2018, 2017 and 2016 (Katherine)
o    Signed certificate of employment for Katherine
o    Pay stubs from January 2018 to time of application submission for Katherine
o    Bank immigration letter from Katherine's only bank account
o    Copy of U.S. passport ID page (Katherine)
o    Copy of U.S. birth certificate (Katherine)

I-765, Employment Authorization:

·        I-765 Cover Letter

·        2 passport style photos (Matthew)

·        G-1145 Form, E-notification of application/petition acceptance

·        Form I-765, Application for Employment Authorization

·        Copy of passport biographic page (Matthew)

·        Copy of K1 visa in passport & USA entry stamp (with date) (Matthew)

·        Copy of marriage certificate

·        Copy of Form I-797C, Notice of Approval of Petition I-129F

·        Copy of I-94 Admission Records (Matthew)

I-131: Travel Document (Advance Parole)

•    I-131 Cover Letter

•    2 passport style photos (Matthew)
•    G-1145 Form, E-notification of application/petition acceptance
•    Form I-131, Application for Travel Document (Advance Parole)
•    Copy of passport biographic page (Matthew)
•    Copy of K1 visa in passport & USA entry stamp (with date) (Matthew)
•    Copy of marriage certificate
•    Copy of Form I-797C, Notice of Approval of Petition I-129F
•    Copy of I-94 Admission Records (Matthew)

9 hours ago, K1visaHopeful said:

It's not flu season now. 

You are fulfilling the Vaccination requirement now. 

It's not needed.

Thank you! You always comment on my (very frequent) posts and I just want to say I appreciate it so much!!!

My husband is doing an AOS via a K1 visa. I've read through the forums and can't seem to find this exact answer, so please forgive me if this is a repeat question.

He has an appointment Wednesday with an approved civil surgeon to transcribe his vaccination record onto the I-693 form an administer any missing vaccinations. He had his medical exam in London in March and deferred getting his missing vaccinations until he entered the United States. 

It took me a lot of calls to get to an approved civil surgeon that would transcribe the vaccinations (+ give missing ones) without making him do another full medical exam. He does not need one since his medical exam was only done a few months ago and it is valid if done within a year, so I've read.

My question is: Since it was technically flu season when he got his medical done in London (and he elected to NOT get a flu shot at that time), what do we do? I called around to a bunch of additional doctor's offices and no one has flu vaccines since they it's not in season now that we're getting to filing the AOS paperwork.

Will he get an RFE for this? How can we avoid it? I'm trying to sort it out before his appointment Wednesday so we know what to ask of the civil surgeon. Thanks!

On 12/29/2016 at 1:13 AM, Suss&Camm said:

The date that counts is when you had your overseas medical done... if that was in flu season (Oct-March) then flu shot is required.. if not then it is not, even if you file AOS during flu season

This is my husband's current situation when applying for AOS via K1 visa. He had his medical exam in March in London and did not get the flu shot. Now, since it is not "flu season," there are no flu vaccines available. Do you think he will get an RFE for this? 

He has an appointment on Wednesday to have a civil surgeon transcribe his vaccinations and administer one other missing shot - but I already called and asked and he said they don't have any and there won't be any at any other doctor's offices either. Trying to figure this out before dropping money on the 693 appointment.

47 minutes ago, Wuozopo said:

 

 

We used

Regular white letter size paper for applications and photocopies.

Only evidence of marriage was a photocopy of our marriage certificate. Pleaseeee skip that Facebook stuff. 

No tabs/dividers. Bulldog clip on the bigger package. Big paper clip on the smaller packets.

 

Tip

You are submitting THREE applications, not four.

1. Adjustment of Status
2. Employment authorization 
3. Advance Parole

The I-864 is evidence for the I-485 AOS packet. Some evidence goes in all three packets so duplicates. Read the instructions for the I-131 and I-765 to see what they need. 

Awesome, thanks for the tips! Always good to hear what others have done and what worked for them.

Yes on the three applications as well. I just refer to 864 as another "packet" in my head since we have to put accompanying information/evidence with that one as well. Thank you for your reply! This helps.

1 minute ago, Jaquelly said:

Hello!
Seconding what @payxibka said. 

 

We used regular old white 8.5 x 11 paper from our printer at home.

 

We used tabs at the bottom. I think we used some clips, as well.

 

This is not rocket science - MUCH easier than the K1. 

Thanks! Just trying to make sure I cover all my bases since the government seems to be very particular about odd things (paper type seems like it could be one of them, ha!). I appreciate your reply.

Hello all,

Some housekeeping questions regarding the submitting of the K1 adjustment of status packet:

• What paper type did you use? When we used an immigration lawyer for the initial K1/129F application, they printed on light gray, thicker paper. For the AOS, we are preparing the forms ourselves, and I was just going to use plain printer paper. Does it matter?
• What paper size did you use for the forms? I have read 8.5 x 11" is fine and the USCIS is not particular. Can anyone confirm?
• What paper type did you use for your evidence (photos, travel records, etc) - are screenshots from social media (to show date/location) acceptable? I was just planning to cut/paste the screenshots into a Word document and print them out. 
• Did you use tabs at the bottom of the forms to label each section (birth certificate, passport ID page, marriage certificate, etc)? In the instructions for i-485, it says tabs are acceptable if placed at the bottom and not the sides of the forms. Did anyone do this and feel like it made a difference?
• Did you use rubber bands or clips to separate the different forms/evidence? I watched a few YouTube videos about how to "format" your packet if you're submitting the 485/130/765/864 all together. Some used binder clips to separate the 4 different forms. What is your experience?

Please share any other tips that you would give that I might not have covered above!

Thank you!

9 minutes ago, MeghanK said:

We are in this situation too and have literally NOTHING from the J1, not even the passport with the visa. We had to send like 400 FOIA requests (you could try a FOIA for the forms) and emails to companies and home countries and got back a bunch of "we have no record." Lol. We are a bit far out from getting to AOS interview but all we will have are FOIA email responses. 🤷 Immigration is so fun 😂

So fun! My husband's passport with all the copies of the visas in them was damaged after he jumped in a pool with it in his pocket in 2015 (*sigh*). He got a replacement passport shortly thereafter, but the visas were illegible and even though he still has the old passport, it can't be used for this AOS paperwork.

For the proof of each J1 visa, we're going to submit the paperwork he kept from each. It's titled "U.S. Department of State Certification of Eligibility for Exchange Visitor (J-1) Status." It has his name, details and the dates the visa is approved for. 2 of the 3 have an official "ADMITTED" seal on them. I'm hoping that's enough. Do you know if you have copies of those anywhere? I guess you would have already exhausted that option!

Either way I wish you luck. I've been working on compiling these packets for the 485/864/131/765 all night..... Ugh!