Jitoria

6 minutes ago, missileman said:

The K-1 expiration date is irrelevant.  It was voided when she entered the US....Just forget that April date.  

 

1.  To comply with the K-1 visa, you had to marry within 90 days.  You have done that

2.  Once the I-94 expires (90 days after arrival), she is technically out of status and technically, she will be subject to deportation.  People sometimes wait for months or years to file the I-485, although there are no advantages to delaying it....none at all..........Filing after the initial 90 days is allowed (and doing so will not cause any problems at the interview), but it is highly recommended to file asap.  

Do you even need the I-693 to file?

That’s a good question and I am not sure if we need it to file. I will look into that and see if we can file the I-485 without the I-693. I thought I had to file them together. 

I apologize beforehand if this is in the wrong section.  My wife and I are at the AoS stage of the K1 to Green Card process and I have an important question.

My fiancee (now wife) arrived in America November 6th on her K1 visa.  We had our wedding and were married December 22.  We have received the marriage certificate from the marriage license bureau and everything. 

Now we are trying to get her vaccinations, and ran into a bit of a problem.  The Chinese hospital did not give her all the required vaccines and we have to wait a month (from today, Jan 22) to get her final vaccines and get her I-693 vaccination section signed.  This will put her past 90 days from her entry, but before her K-1 is due to expire (April 21).  Is this going to be a problem that we did not file for adjustment of status within 90 days of her arrival on the K1 visa?  Or does the 90 days ONLY apply to marriage?  

Another question--she completed her physical in China and was told to give the sealed documents to the immigration officials at customs when she entered the country.  Does she need to redo her physical?  Or is it sufficient to just do the final vaccinations?

Thanks for any and all help!  You people have gotten us through this very difficult process.

Thanks very much you all!

This is a pretty specific question.  Does anyone know if we should include a UTMA account for Part 3 question 6 "Market value of my stocks and bonds"? 

I don't think a UTMA is either a stock or a bond, but it is an investment.  I do not need assets to get to the 125% over poverty line, my salary is plenty.  Let me know if anyone has an opinon!

Thanks

26 minutes ago, Fogi said:

You should see exactly what the consulate in Armenia wants with the i-134. They may only want 2018 info. They may want pay slips, or they may just require a statement form the bank and employer. 

I’m China (the beneficiary is). Does my profile say Armenia?

On 9/30/2019 at 11:29 AM, Fogi said:

As long as you were not obligated to file, you're ok. If you made more than $12k you should have filed. 

There is only 1 year (2016-2017) I was on a work visa in China and made more than 12,000 USD. Otherwise my only reportable income was a 3000 RMB/month scholarship stipend. 

Im thinking I’ll need to talk to the IRS and try to file for that year. My coworkers said I didn’t make enough to be taxed, and I assumed they meant I didn’t make enough to file. Oops!

I printed my tax transcripts buts it’s pretty worthless since I haven’t filed in 4 years (on Chinese student scholarship). 

I might reach out to the IRS to see if I was supposed to file any of the years, but I think my best course is to get a co-sponsor (my mom) who has a better tax history. Is this a good idea? Does anyone have opinions about co-sponsors for proof of financial responsibility?

i have 8 months of pay stubs, and a letter from my work describing my position as permanent. Plus I make well over the 125% guideline. Still, I am nervous my lack of tax returns could hurt me. 

9 minutes ago, Hank_ said:

 

It isn't so much the quantity of evidence submitted but the quality, don't include what USCIS really wants and  you get the result ...  RFE.    

 

As for the I-134 that is a non-immigrant form designed with everything BUT a K-1 in mind ..  so you have to pay attention to the embassy requirements and not necessarily the I-134 instructions as a whole.

 

And those requirements can vary from embassy to embassy.   Not sure what country your fiancee is from .. your info is blank, maybe update your profile and .. 

 

  

This has been my experience so far. Our proof was so clear and evident that our process has been really smooth so far. We had an RFE, but that was because we missed a single “yes/no” question on the I-129f. Once we sent it back they gave us an immediate approval. 

17 minutes ago, Fogi said:

Do you have recent earnings or start a new job? You'll need to show something. Proof that you were in school and how you were supporting yourself. How you will support your beneficiary, etc.

Yeah I have 6 months of earnings and proof that it is a permanent position and salary. 

As for the proof in school and support, I have those things I guess. I’m more worried the IRS is not going to be happy with me. 

53 minutes ago, Fogi said:

If self-employed you need to submit the tax returns. Otherwise it's statement from employer/bank that is needed. Were you self employed? 

I was not, I was a student on scholarship in China. I had no reportable income. 

I’ve received my NOA 2 and am waiting for NVC to receive my case. I am compiling the necessary documents for the affidavit of support and I have some tax questions. 

The last five years I was studying in China and never had a declared income large enough to file taxes on it. As such I haven’t done any tax paperwork for 5 years. 

Is this going to be a problem for the affidavit of support? I have been working now in the US since April, so I have half a year of pay stubs. And I have yet to file for taxes on this new income. So I’m not sure I’ll be able to provide this from USCIS website:

• A copy of your last income federal tax return filed, or a report of commercial rating concern (if self-employed)

Thanks in in advance for help! 

2 hours ago, Russ&MaryAnn said:

That was quick for the RFE process. Do you mind sharing what it was for?

You can check my post history for more detail, but I just missed one yes/no question on the I-129f form. 

The RFE was just a paper with that question, I checked the “no” box, and sent it back in their pre-addresses envelope. I’m pretty sure they had already “approved” my petition, I just made one dumb mistake they couldn’t accept. 

Received my NOA 2 yesterday (Sept 3). Now what should I be doing to prepare for this? I am actually going to visit my fiancée in China tomorrow. Should I bring anything to her?

RFE was received and processed and yesterday I received our NOA 2! Now to brush up on everything we need now. 

NOA1– May 9

RFE— Aug 7

RFE Reply— Aug 27

NOA2– Sept 3

2 minutes ago, Maggiekhu said:

Thanks for answer my question. So should I start to copying from this moment?  Hopefully i will have a NOA2 soon

Sure, start making copies for all your immigration documents and keep a file in your home. That’s what I do with every document for immigration. 

Just now, Maggiekhu said:

I have a question, why do we need to copy of our records? I sent the i129f without making any copy. Now Im so nervous. I just got the RFE received yesterday August 14th. Im waiting for my NOA2. Anybody can answer my question?

It’s just to be extra safe. Don’t worry if you didn’t. But you should start doing it with any new documents. 

Let me put it this way—you don’t need copies until you do. 

I couldn’t fit the first page, but it just has my name, case number, and all the info about RFEs

Today I will send back my RFE. I was hoping to show you all, just to make sure I am doing this right. It seems all I have to do is check 1 box, then send the pages back in the pre-addresses envelope. 

Am I doing it right? Just check the paper and send it back in the addresses envelope? This seems too easy...

Just now, F&SS said:

Hello everyone

 

I just received an RFE on August 13. I checked this on their site. I was just wondering if anyone had an idea on how many days it takes till I receive the actual letter. Also if I call, would they give me any additional information on what they specifically requested so I can get started and get the material for what they need.

 

thank you!

My RFE was dated Aug 7, received it in the mail Aug 12. 

According to others, calling will not give any additional info. They will just say what you know and explain the RFE process. Just sit tight. It won’t take long and then you can make your moves. 

3 minutes ago, Russ&MaryAnn said:

It depends on your answer. If it’s ‘Yes’ then you also have to include certified court documents 

The answer is ‘No’—should have specified that in my post! 

Today I will send back my RFE. I was hoping to show you all, just to make sure I am doing this right. It seems all I have to do is check 1 box, then send the pages back in the pre-addresses envelope. 

Am I doing it right? Just check the paper and send it back in the addresses envelope? This seems too easy...

Received RFE in the mail yesterday.  Had only one thing on it and it was P3 Q4a where they ask about prior criminal record.  I missed that question and left I blank.  I feel so stupid!  It's a "yes" or "no" question we just accidentally skipped over...

I have one question about RFE... my fiancé and I noticed another mistake while we were waiting for the RFE in the mail.  We used a passport photo for the beneficiary that is almost 3 years old and was used for her previous USA tourist visa.  The RFE DID NOT ASK for any updated photos.  Should we try to correct other mistakes when we send back this RFE?  Or should we stick only to what they want?

Thanks for all the help everyone!

Received my RFE in the 

On 4/17/2019 at 8:53 PM, Juliee said:

We forgot answer one question 4a. Yes or no. Stupid

Was it Part 3 question 4a?!  We did the exact same thing!

Received RFE in the mail yesterday.  Had only one thing on it and it was P3 Q4a where they ask about prior criminal record.

I have one question about RFE... my fiancé and I noticed another mistake while we were waiting for the RFE in the mail.  We used a passport photo for the beneficiary that is almost 3 years old and was used for her previous USA tourist visa.  The RFE DID NOT ASK for any updated photos.  Should we try to correct other mistakes when we send back this RFE?  Or should we stick only to what they want?

Thanks for all the help everyone!

42 minutes ago, Jitoria said:

I have a weird question for the immigration gurus here...

 

I received a RFE on August 7, and am waiting for it to arrive by mail. I plan to go visit my fiancé in China in September, so I have to get a Chinese tourist visa...

 

the problem is, I have used all of my pages in my passport, so in order to get the visa I need to renew my passport. Will this cause any problems with the K1 process if I get a new passport? Do I need to submit something to USCIS about the new passport? 

 

Thanks in advanced for the help!

Btw, I am the petitioner. So the petitioner needs to renew passports to go visit the beneficiary in China. Will this cause problems?

thanks again!

I have a weird question for the immigration gurus here...

I received a RFE on August 7, and am waiting for it to arrive by mail. I plan to go visit my fiancé in China in September, so I have to get a Chinese tourist visa...

the problem is, I have used all of my pages in my passport, so in order to get the visa I need to renew my passport. Will this cause any problems with the K1 process if I get a new passport? Do I need to submit something to USCIS about the new passport? 

Thanks in advanced for the help!