An old friend of mine's fiancee just arrived from the Philippines (CONGRATS MY FRIEND!) He asked me what was next...well...This is what I came up with over the last couple of hours. I thought it might be helpful in general, so I left all names out (except for Joan!). I hope this helps. Please follow the links provided for more information. Copy and paste the links if they are not "live." Please excuse any/all typos!
Step One: RELAX and enjoy each other for a few days!
Step Two: Go online and download her Form I-94 (https://help.cbp.gov/app/answers/detail/a_id/1694/~/i-94-automation---how-to-print-a-copy-of-your-i-94-form)
Step Three: Go to the Social Security Administration with the Form I-94 AFTER about 10-14 days from her date of entry (it takes a while for her to get into the system) and get her Social Security Number—-BUT DON’T wait until the end of her 90 day status…SSA needs at least a two week window before her I-94 expires. Deal with any name changes later…get the SSN NOW! Read this: http://www.visajourney.com/content/ssn
Step Four: Take her new SSN to the bank and set up a joint bank account (you will need this later, so start now!)
Step Five: Get Married within 90 days off her date of entry.
Step Six: File for Adjustment of Status (AOS)—Form I-485—as soon as you can after the wedding (find out how long it takes to get an official copy of your marriage certificate—not license—and plan accordingly). TECHNICALLY, there is no real deadline to file AOS, but she will be “Out of Status” until you file if you file after the 90 day window. The good news is that all accrued out of status days are “forgiven” when you file for AOS as married to a US Citizen and the odds of any real problem arising from her being out of status is slim, but why chance it? The other things are that she cannot work in the US without EITHER her Employment Authorization Document (EAD)—Form I-766—or her Green Card (EAD normally takes up to 90 days and the GC could take much longer) AND she cannot travel outside of the US without her Advanced Parole (AP) card—Form I-131—or Green Card. AP and EAD are usually issued as a combo card of you apply for them at the same time. The filing fees for the I-766 and I-131 are included if you file for them with your I-484 application. NOTE: This stage is for a TWO-YEAR CONDITIONAL GREEN CARD, NOT THE TEN-YEAR PERMANENT GREEN CARD! THE NOA1 (NOTICE OF ACTION 1) IS YOUR RECEIPT AND ESTABLISHES HER CONTINUED LEGAL PRESENCE IN THE US! DON’T LOSE IT!
Step Seven (actually this one needs to be ongoing from today on): Start creating/gathering evidence of a bonafide marriage (read: evidence of co-mingling of assets). You won’t need much for the AOS because the marriage is new, but you will need a LOT for the next stage, so start now. Here is an excellent place to start: http://www.visajourney.com/content/k1k3aos. This is what we sent:
A—Form G-1145 B—AOS Cover Letter C—Form I-485 D—Copy of Joan’s Passport E—Copy of Joan’s Visa and entry stamp F—2 Passport style photos for I-485 G—G-325A (Joan and Steve) H—Copy of NOA2 I—I-94 (printed from online form) for I-485 J— Copy of Joan’s Birth Certificate K—Temporary Certificate of Marriage L—Printout of Hawaii DOH website stating 60 to 120 day wait for “Official” Certificate of Marriage
M—DS-3025 N—Printout of USCIS instructions regarding K-1 I-693 exemption O—I-864 P—Copy of DOE Form 5 (evidence of employment) Q—Copies of pay stubs (April, May, June, July, August 2013 R—2012 ITR S—2012 W2 T—I-765 U—2 Passport style photos for I-765 V—I-94 for I-764 W—I-131 X—2 Passport style photos for I-131 Y—I-94 for I-131
We BROUGHT the following to our interview:
Life insurance policies with each other as beneficiary Health insurance documents showing Joan on my policy Joint bank account statements
The examiner commented that these were excellent for the ROC (next) step, so I knew that our AOS was approved!
REVIEW the requirements or the need to see a Civil Surgeon for a new medical or to get her immunizations transcribed! You NEED to review THIS: http://www.visajourney.com/forums/topic/551080-immunizations-ds-3025-or-i-693/
Step Eight: Settled in for what could be a long wait. Get her involved in the community or in school to keep her from going stir-crazy at home! When her EAD card arrives then start the process of getting driver’s license, etc. You might be able to use the EAD to change her name at SSA, but you might need her Green Card…I forgot which we used because Joan’s GC came right after her EAD in our case. Follow the instructions on the biometrics appointment letter for fingerprinting, etc. (not a big deal).
Step Nine: The Interview (if you are called for an interview—50-50 shot)—You BOTH must appear, but don’t worry. It is normally very routine and a cake walk.
Step Ten: Conditional Green Card arrives! Congratulations….she is now a Legal Permanent Resident (LPR) of the US! (Make note of the official date that she became an LPR—you will need that later!) RELAX! You are FREE for two years!
Step Eleven: Here we go again! Time to file for Removal of Conditions (ROC)—Form I-751. THIS is for her permanent green card (which needs to be renewed every ten years unless she is granted US Citizen status later). MAKE SURE YOU FILE BEFORE HER TWO-YEAR GREEN CARD EXPIRES—The window opens 90 days before her conditional card expires. This is the phase where you need evidence of a good faith marriage (again, read co-mingling of assets) and a LOT of it that spans the whole time of your marriage (so, like I said earlier, START NOW!). Do NOT take this phase lightly. It is very easy, but you need the evidence! Set-up wills and/or medical power of attorneys. They are great for ROC and for life. READ THIS for a good starting point: http://www.visajourney.com/content/751guide
This is what we sent and had no problems:
A—Front and Back of Joan’s 2-Year Green Card
B—Revised Condo Title Showing Stephen’s Marriage to Joan
C—Copies of Our Driver’s License/Learner’s Permit (showing same name and address) and American Express and Visa cards (Visa cards with the same number)
D—Stephen’s Last Will and Testament with Joan as main heir
E—Joan’s Life Insurance Policy with Stephen as beneficiary
F—Stephen’s Life Insurance Policy with Joan as beneficiary
G—Stephen’s annuity with Joan as beneficiary
H—2013 and 2014 Tax Transcripts showing Joint Married Filing; E-file signature page and copy of 2014 Federal Tax Return check in both names
I—Joint bank account statements spanning from September 2013 to present (samples—not every statement)
J—Joint investment statement (Started 2/2015)
K—Joint publishing contract with copy of our book cover
L—Insurance policy for Joan’s engagement ring in both our names
M—Copies of American Express bills (summary pages with both names)
N—Copies of cable bill with chat transcript with company explaining that Joan has been on the account since 2014, but her name appears on the bill only starting in February 2015
O—A few copies of the electric bill in both names (only starting in February 2015 for the same reason as the cable account)
P —Miscellaneous travel arrangements and /or boarding passes from 2013 to present
Q—Photos of us at home on O’ahu; traveling to different islands in Hawai;i; and two trips to New York to see mom
Interviews at this phase are rare, but don’t freak out if you are called for one.
Step Twelve: Settle in for a LONG wait, but don’t worry…the NOA1 receipt extends her conditional green card for one year, so she can work and travel as she did for the prior two years. There is one minor hiccup at this phase: Your biometrics appointment letter (again) will have a DIFFERENT receipt number than your NOA1 (Different NOA1 than you got for the AOS phase—confused yet!-nah, it really isn’t so bad!)
Step Thirteen: Celebrate the arrival of her Permanent Green Card and start thinking about citizenship! She is eligible to file for US Citizenship anytime AFTER 90 days BEFORE her third anniversary of becoming a Legal Permanent Resident while married to a US Citizen (5 years otherwise). I know that sounds confusing, but let’s say that the she becomes a LPR on September 1, 2017. She could file her Form N-400 (“Application for Naturalization”) in June of 2020 (whatever actual date is 90 days before September 1st). NOTE: She can STILL apply for US Citizenship in the same time frame even if her 10-year green card is delayed. This is rare, but int does happen. You will force the adjudication of the I-751 application by filing the N-400 in this unlikely event. She will be interviewed (alone this time) and they will go over routine questions about her application and then give her a simple English reading and writing test followed by a US History/Civics exam. She will be asked 10 questions (out of 100 possible questions) and she needs to answer 6 correctly to pass. They GIVE you the questions in advance! (We are at this phase—we are “in line” for Joan’s interview). Read THIS: http://www.visajourney.com/content/naturalization_guide and make sure to bring the required documents to the interview. WATCH the video here: http://blog.uscis.gov/2013/10/applying-for-citizenship-what-to-know.html. This is also REQUIRED reading, at least for the US spouse of the soon to be US citizen (the current applicant). It is fall off your chair funny! http://www.visajourney.com/forums/topic/382775-mrs-t-b-38-the-citizenship-test/
Step Fourteen: Participate in the Oath Ceremony (bring the required documents—http://www.visajourney.com/content/naturalization_process-- and officially become a US Citizen!
GOOD LUCK!
OH!! Don’t freak out if you get a dreaded RFE or RFIE (“Request For Evidence”)! It means someone touched your file! Respond to exact requests listed and your case will be adjudicated soon.
It only took the congressman a few days to find out the reason for denial. The consulate said that they didn't believe the relationship was real. Since then we got married and went the CR1 route. My wife is now in the US.
Embassies and Consulate have the ability to re-validate a petition if an interview has not yet occurred; this is a routine occurrence and does not require any action on your part.
Part 2 , 38a - h leave blank/ put N/A since your fiancé isn't currently in the us!!
part 3 "not applicable"
last 2-3 pages, we left it blank & our petition got accepted ✌️️
Many states have state departments of vital records where you can obtain for a fee, a certified verification of a divorce, marriage or civil union. Many counties also provide similar services in other states. For example, here is the link for the State of Colorado for obtaining a certified verification document (1 page): https://www.colorado.gov/pacific/cdphe/verification-marriage-civil-union-dissolution-divorce. I submitted a copy of a certified divorce verification from Colorado in my K1 petition, and it was accepted. Can't tell your location since your timeline is vacant. You will have to do sone checking to see how such a document can be obtained. All of the states are a little different.
When my US fiancee and I began our relationship, she was still legally married to her ex-husband but physically separated, obviously. They were legally divorced a few months before we filed. We had no issues at all with the petition nor at the interview.
Correct, except what's contained in a certified copy of divorce decree ordered after the fact can vary widely by State. Mine only contains the vital statistics, and nothing about settlement or child support. It's one page, certifying a divorce decree was issued to whom, when and by whom and contains the signature block.
Regardless, the OP is asking a question about the foreigner's divorce certificate or decree, so a Canada specific answer is in order.
I've never seen any reports of it making any difference at all how you answer the IMB question. The enforcement is related to assuring that if there ARE applicable criminal records, they are submitted and the beneficiary is aware of them. This is at most. Making sure needed records are submitted before petition approval is pretty consistent. Asking the beneficiary if they are aware of the criminal record is more spotty.
In light of this, I doubt your poll question will make any sense to many.
Make sure you read the exceptions before you conclude you used an IMB. Dating websites are NOT IMB's.
Just went thru this too..you need to get a certified copy from the courthouse where the divorce took place. get 2 certified copies send 1 and you keep the other
and Just to be sure they were no more mistakes..we got 4 CERTIFIED copies from the courthouse and It cost $20 total...I made Sure I was gonna get it right...Its been an absolute headache ands weeks passing waiting on NVC..and each country is diff for items...
and Im the petitioner so this was for the American courts..
I personally didn’t submit any receipts while in Algeria. I did put all mine in a binder in plastic sheets. I also submitted pictures not a lot just maybe 8 from both times I was with my fiancé. I also made sure to submit his visa and my visa from when we met in Istanbul for the first time then my visa with stamps from when I entered and left Algeria. I did all that and I had absolutely no problems. I didn’t receive an RFE or anything and my case actually went fairly quick, and is now in transit to Algeria as we speak. If you need any help you can private message me. I know this is stressful and everyone has their own way of doing things. 🤷🏼♀️
EllyLilia got a reaction from Pitaya in cover letter