lecht008

We have received our notice for the green card interview, and one of the lines on the notice says to bring "all documentation establishing you eligibility for lawful permanent residence status.  This includes, but is not limited to, proof of status as an asylee, refugee, or a fiancée nonimmigrant." 

Since this is so open ended I'm unsure what it is asking for.  Does anyone have any thoughts?  Is this just asking for proof of bone fide marriage (like pictures)? 

Thanks! 

31 minutes ago, arken said:

Yes there is a risk, they could be admitted without any questioning regarding their daughter as well. If CBP ask about who they are visiting and ask in more detail about what's their daughter doing here, then it is likely they could be sent back.

Thanks - any chance that her parents might be denied tourist visa renewals in the future because of her AOS from a tourist visa?  I saw some discussion about that somewhere, but had never seen or heard anything about that before until I was reading about her parents traveling to see her. 

The parents of my spouse are planning to come visit us in the US on tourist visas.  My spouse is currently in the AOS process (biometrics are done, just waiting for advanced parole and a green card interview date).  My spouse did an AOS from a tourist visa.  Is there a risk that her parents might be turned away at the boarder?  If there is a risk, is it high, and are there any ways to mitigate the risk?  

20 hours ago, justinedr said:

just want to share some update. i tried expediting my EAD.

 

aug 4. first attempt was via Emma. she rejected my request right there and then, without even asking for evidence. in hindsight i did word my reason too casually - just said "cos i have a job offer." she said that doesnt fall under any of their expedite criteria. i kinda argued just after that that it is causing severe financial loss to us but i guess i shouldve started off with that and some specifics of our circumstances. my bad.

 

aug 9. second attempt was via our congressman. this time i prepared how i would word it, and front-loaded my request with evidence already. also i mentioned i was rejected without being asked for evidence. his staffer was very responsive. she was able to put in an expedite ticket for me the following day.

 

aug 18. the expedite was approved today. got the New Card Being Produced status 1 hour after the Expedite Request Approved status.

 

*to be transparent, i actually do not have a job offer... just a couple of job invites from recruiters (which i couldnt entertain then cos we were out in different states) in the last 2 months. but i used it to say that we are in a bad timing right now financially cos some of husband's benefits are put on a pause indefinitely while in transition to new duty orders (military). and that me working would help if only i could proceed with the job invites i've been receiving. as part of evidence sent i included the job invite emails, mortgage bill, and husband's earnings statement to show reduced benefits over the last 3 months.

Yeah wow that was a good idea!  We asked for an expedite over the phone with USCIS since my wife's grandfather is not doing so well (and we told USCIS we can produce doctors certificates if necessary), and they told us they'd review in 7 business days but it's been around 10 business days now.  Has anyone had experience with them and their 7 business day timeline?  Or following up with them on an expedite request?  We called once to follow up and they were not very helpful, but I've learned from Visa Journey that there are sometimes better ways to follow up 

On 8/13/2021 at 11:47 PM, mitanyag said:

our case just changed to "Case ready to be scheduled for interview", how long does it usually take to receive the interview appointment?

 

FYI, I just had my biometrics last 8/11 with RFE response sent to USCIS last 8/4. 

Also have this same question, biometrics appointment had similar timing    I think interview times are specific to the USCIS field office... does anyone know of a way to check interview times for a specific field office (or if there is a thread for filers at a specific field office? 

I've seen two types of advice for working while waiting for EAD so I thought I would ask just to see why that is.  My spouse has sent in her AOS and EAD applications but has been asked to start working by a potential employer.  She told them she is waiting for EAD and they said they would pay her in cash so there would be no problem.  Regardless, we're both worried about any issues of working before EAD is approved.  But I've seen on VJ that people have said illegal work is no problem for spouses of US Citizens.  So even if USCIS found out it wouldn't be a problem?  How would it even come up, in the AOS interview will they ask if you've ever worked while in the US?  And why have I also seen on VJ people saying that you cannot work before EAD is approved, no exceptions? 

For question 1 under Part 3 of the I-485 ("have you ever applied for an immigrant visa to obtain permanent resident status at a U.S. Embassy or U.S. Consulate abroad?"), I'm pretty sure applying for a K-1 visa doesn't count, but I wanted to check to make sure.  I submitted an I-129F for my fiancee (now wife) but it only went to the NVC and we have withdrawn it.  Since the K1 is a nonimmigrant visa, and we didn't apply at the U.S. Embassy, I am assuming the answer to the question is "no"? 

We have to send in a total of $1,760 in fees (forms 485, 130, and the biometric fee).  Can I put it all into one check?  Or should I write separate checks for each amount (i.e. $1140 for the I-485, $85 for the bio fee, and $535 for the I-130)?  

7 minutes ago, igoyougoduke said:

 you can find what they expect of birth certificate here 

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Peru.html

 

This is information for the embassy in Peru, but if we are submitting for AOS within the US I don't think this would be applicable?  Since we are only sending the certificate to USCIS

1 hour ago, HRQX said:

Part 4 is only for DACA-based AP. See c(5) on Page 9 of the instructions: https://www.uscis.gov/sites/default/files/document/forms/i-131instr.pdf Thus the following is optional: You can put "As needed" for the purpose.

 

Put TBD for "Expected Length of Trip" and "Date of Intended Departure" fields. You can input TBD using a PDF editor or by hand. In Part 7 select "More than one trip" box.

Thanks - really appreciate it!  Do you think you could help me with a different question?  I read it's ok to submit our own translation of my spouse's birth certificate (i.e. we don't need to get it officially translated).  Is that right?  And is there a typical format people use when translating their birth certificate?  Or can we just simply submit a document with things  like name: birth date: city of birth: etc.? 

My spouse is applying for AOS and is submitting a I-131 with the application.  For Part 4 how detailed or important are parts 1.a and 1.b?  She will want to go to Peru to see her family/grandparents but would also like to travel to (who knows where now) some other places for vacation.  Should we list countries like Mexico, Italy, etc. for vacation and say "vacation" in part 1.a?  Or just list Peru in 1.b and say for 1.a to visit family?  

My spouse is filing for AOS and I'm a little confused for what she should be putting for number  27 of form I-765.  According to the instructions, it looks like she should be under "Adjustment Applicant under Section 245--(c)(9)" but number 27 on the form as three blank spaces  (___) (___) (___).  Should I just put (c)(9) in the first blank and leave the others empty? 

14 minutes ago, payxibka said:

I864 is not submitted with the petition.   

Are you sure?  I know this is in the K1/K3 AOS forum but I would assume it applies here

On 3/6/2021 at 5:04 PM, Lucky Cat said:

2.  You can write "Income below filing threshold" on the I-864.

Thanks!  Just to be sure, the form asks me to attach evidence.  Should I just attach a piece of paper that says "income below filing threshold" and that's it? 

On form I-130, Part 5, question 1, it asks if I have ever filed a petition for this alien before.  I have filed 129F for my wife because we originally were waiting on a fiancee visa for her, but since she was visiting me in the US, we decided to get married and go for AOS.  Do I answer no or yes for this question (because of the 129F?)  We consulted an immigration lawyer before getting married and I asked him about this question and he said no:  "That question generally refers to immigrant petitions, and though the consulate treats an I-129F as a ‘quasi’ immigrant petition, USCIS treats it mainly as a nonimmigrant petition. Basically, what they’re asking you there is if you’ve ever sponsored someone before for a green card, which is limited to forms I-130 & I-140. So you would answer no."  I just wanted to ask to see if anyone thought differently. 

For form I-864, part 6, question 25, there is a box that says "I've attached evidence that I didn't have to file taxes..."'  For 2018 I didn't have any income (I did, but it was below the IRS threshold) so I didn't file taxes.  What evidence could I send to show I didn't need to file taxes?      

6 minutes ago, iy2020 said:

She cannot work in the US while the CR-1 is pending. She can visit on a tourist visa, but she cannot live and/or work in the US until she gets the CR-1 visa approved.

 

I agree with the above poster. She just wouldn't be able to start working until she gets her EAD, which nowadays is taking between 6-8 months, approximately. 

5 minutes ago, powerpuff said:

Applying for CR-1 means that you get married now in the US and then she has to go back to Peru and wait for a spousal visa, you’d be at the back of the line at that point. 
 

so why not just adjust her status? She can remain in the US and it’s just so much easier. 

So both of you think the fact we filed for a K-1 visa wouldn't be an issue with filing an AOS? 

5 minutes ago, payxibka said:

Get married and adjust her status.   She remains here.

But since we've already applied for a K-1 visa, won't USCIS be suspicious that she came here just to get married?  

With no clear restart of K-1 visa processing at the US Embassy in Lima in sight, my fiancee's K-1 visa has been sitting at the NVC for almost 6 months now.  All we want to do is get married and she wants to start working in the US.  Is it possible to just drop our K-1 application and get married and then file for a CR-1?  I believe while the CR-1 is pending my fiancée (or wife if we've filed the CR-1) can work in the US?  The timeline for a green card or citizenship isn't all that important if we can get married and she can start work sooner rather than later.  

Also, do you know if we could get married in the US and use the CR-1?  She is currently here on a tourist visa and I don't know if that would raise problems like filing for a green card marriage would.

The NVC finally received my application!  I'm now joining the rest of you waiting for NVC approval and then the embassies to begin working again 😅 

Also some goods news for everyone (if you haven't seen it yet), it looks like once embassies start operating again they will be authorized to prioritize K-1 visas!  https://travel.state.gov/content/travel/en/News/visas-news/important-notice-for-k-visa-applicants-affected-by-covid-19.html

I called the NVC today and they said they had not received anything in the mail from USCIS with my receipt number (I got my NOA2 on July 14th).  According to the NVC website, and another VJ user, the NVC should have received my I-797 from USCIS (https://travel.state.gov/content/travel/en/us-visas/immigrate/nvc-timeframes.htm) as the NVC is processing documents received on August 4th.  I called USCIS several weeks ago about whether they had sent anything to the NVC and the employee told me that the notes on my file only say "notice of approval sent."  He didn't know what that meant, whether it just meant I was sent an approval or if the approval was also sent to the NVC.  I'm wondering what people would advise I should do here.  The only thing I can think of doing is calling USCIS again and telling them the NVC still hasn't received anything from them and ask them to send the NVC my approved application again.  

1 hour ago, fed614 said:

Hey i just called NVC they said they are working on cases from August 4th so that means yours should be completed i called and they said that mine is awaiting data entry but they received my petition at the nvc august 14th 

Thanks for the info, I guess I'll have to see what my options are.  Looks like my problem is with USCIS.  They either didn't send anything or it was lost in the mail. 

Has anyone with July approval heard anything from the NVC?  I just called them (my NOA2 was July 14th) and they said that their records show they have not received anything from USCIS yet... I called USCIS and their notes for my case say that notice of approval has been sent back in July (the person I was talking to did not know if that meant sent to the NVC or just to me).  Anyways, I am wondering if anyone else has called and gotten that reply from NVC?  It seems to me they might have received the notice from USCIS in the mail but haven't processed it yet.  The only thing that is confusing is their reply, that they haven't received the notice from USCIS yet, which makes me think USCIS has not sent it or it was lost in the mail.  

On 7/28/2020 at 3:52 AM, Greenbaum said:

Filing your taxes is written into law. There is no reason for the embassy to adjudicate your case if you have not filed your taxes. If your petitioner is paying taxes per month with the IRS that is fine. The filing is the stickler here. I suggest he/she file them if your goal is to have a visa. One of the requirements is to provide a tax transcript at the time of the interview. So, at least get the petitioner to file 2019 so that you can receive a TT to present in the I-134, Affidavit of Support at your interview. Failing to do so can generate a 221(g) Request for Evidence (RFE) and delay your visa processing further.

I have a followup question about the I-134: I was employed for the summer in 2019 and made more than the minimum poverty requirements (and have my IRS transcript for 2019).  I am going to start work for the same employer in January 2021, but am currently unemployed (I just finished school in May).  Will that be a problem for the I-134?  I'll have my IRS transcript (showing income above the poverty requirements), I'll have a letter from my employer saying start date and starting salary, and I'll have a letter from my bank stating amount deposited over the last year and current balance.  Would I need a co-sponsor? 

Thanks as always Greenbaum 👍

20 minutes ago, lecht008 said:

I'm following the link to the PDF but nothing is loading... is anyone else having this problem or am I the only one? 

Please disregard this, it's working for me now 🙃

On 6/26/2020 at 3:15 AM, Greenbaum said:

This thread was created for those who are waiting for their NOA2 K-1 case assignment from NVC and then tracking your case on wards to your Embassy.  Contained in the PDF below are many tips, tricks, and hacks to help you along the way.

 

These are items that everyone asks for, so I thought I just post a PDF of them here for you to refer to when it's necessary. If you are new to this thread, please use the link below to read the information which are answers to the most asked questions.

 

https://drive.google.com/file/d/1nfin98c33IEpB0T0FlURERriblYmlm5O/view?usp=sharing

 

I'm following the link to the PDF but nothing is loading... is anyone else having this problem or am I the only one?