Hassan Raza

How long does it take to get the receipt notice? If I submit the documents now, and we plan to fly at the end of December, I'm worried if I don't get my receipt notice in time, we won't be able to fly.

If we don't have a receipt notice, will they let her back into the country if her green card hasn't expired yet but will expire soon? We'll fly back around Jan 14th, and the green card expires on Jan 24th.

Thank you everyone for the replies.

Just to clarify, because we live in the US and don't have any children petitioning with us, we DO NOT need to submit two passport-style photographs and the form FD-258 fingerprint cards, is that correct?

Also, I see that the USCIS suggests affidavits from people who knows us as a form of evidence. I already have joint apartment lease documents, joint bank account statements, insurance information where my spouse is listed as my primary beneficiary, around 30 photos of us together and with family over the past 2 years, even a name change document where she took my last name (and my first name into her middle name, which is part of our culture). Do you guys think the affidavits are truly necessary?

13 minutes ago, Lil bear said:

No it’s better done later than not at all.  File your I 751.  

So, do you think it's okay to submit my I-865 now and then file the I-751 with the updated addresses as well?

1 hour ago, SalishSea said:

LOL.   Dude, there is NO way she will get a new GC before traveling.   Have you looked at the processing times?   Up to FOUR YEARS.   
 

what she will get is a 46- month extension letter, which she can use for travel along with the expired GC.

 

It really is not advisable to use an address other than where you live.   USCIS has been known to make unexpected home visits, to verify relationships.   I would guess you’d want them to show up where you live together, since that relationship is the entire basis for removing conditions.

Thank you. Do I need to submit a separate document to get the 46 month extension letter, similar to the advanced parole application I submitted when I originally submitted her adjustment of status documents?

44 minutes ago, Lil bear said:

When you complete the form, use your parents address  as the mailing address and your apartment as the physical address.
 

Did you file the AR11 and I 865 change of address forms as required when you moved from your parents to your own apt. If you didn’t you need to come those before you file the 751

I did not file the AR11 and I-865. I thought we didn't have to, as I was told it's best to use the original address since I still have access to it (my parents' home). It's been five months since we've moved. 

I just submitted the request to have the address changed on my online USCIS portfolio. Now, I have to submit I-865.

Is this going to be a big problem? Can I still submit I-751 while the above two are submitted and pending?

Additionally, I want to keep the address that USCIS will have on file the very original address she moved to, which is my parents' address.

But as proof that the marriage is bona fide, I provided our joint lease document for the apartment we currently live in. All the other documents I'm submitting show that we live at the original address.

Will this be an issue with USCIS?

My wife and I plan to visit her home country outside the US around Christmas on 12/25/23 and return by 1/15/24. Her green card expires on 1/24/24. The earliest I can submit the I-751 documents is 10/26/23.

The questions I have are as follows:

1) Will her new permanent resident card (without conditions) likely arrive by mail before Christmas so we can travel?

2) If not, can she travel on her current green card (with conditions) as long as we return before it expires on 1/24/24? Perhaps we can bring documents that we've submitted all of our documents for removal of conditions? Will she have issues returning to the US with her green card right around expiration?

Thanks,

Hassan

To differentiate between F2a and F2b is the age of 21. Do they look at the immigrant's age at the time of application or when they go for the interview? For example, if her sister is 20 when applying for the F2a, will she no longer qualify for the F2a if she turns 21 while processing the paperwork?

1 hour ago, Boiler said:

Obviously quite a bit of assumptions with such a complicated situation and movements in the Visa Bulletin. Assuming timelines remain similar to what they are now it is possible the sister could come under F2a, I think more likely F2b.

 

Her Sister will be 19 ish when her Parents get here and file for her, F2a is currently a 4 1/2 year wait so if it is still the same she would be reliant on a long I 130 processing. It is possible, but not something to be relied on, F2b is currently an 8 year wait. Quite likely those timelines will go up.

 

All that can be done is file as soon as eligible and see.

Thank you. Unfortunately, it seems the quickest way to get her siblings here would be through the F2a (better than preference 4 visa). But that will require that her parents come first, leaving her siblings alone in her home country.

2 hours ago, appleblossom said:

 

How old are the siblings now?

Her sister is going to turn 16 in November 2023. My wife got her green card in Jan 2022 so she can apply for US citizenship in Jan 2025. The process I'm assuming will take 6 months or so so once she's a citizen she can call her parents over around July 2025. Her sister will turn 18 in November 2025.

But if her parents can sponsor the siblings after coming to the US, and the age doesn't matter (or has to be less than 21) as long as they're not married, then I think the timing will work.

2 hours ago, Boiler said:

18 has nothing to do with.

 

LPR's can only sponsor unmarried children, and assuming that will be the case their adjusted age over or under 21 will matter. Over 21 is longer.

 

She can also as a USC sponsor her siblings, married or single.

What is adjusted age? Under 21 is an earlier preference relative and over 21 is a later preference relative? No immediate relatives for LPRs, correct?

My wife is now a green card holder and will become a citizen in approximately January 2025 (3 years after obtaining her conditional green card).

She also wants to bring her parents and (currently) under-18 siblings to the US on an immigrant visa.

I just learned that her siblings can't come to the US with her parents as an immediate relative.

If her parents immigrate first and then sponsor their children (my wife's siblings on a preference relative 2), can this be done if the child is over 18, or does it have to be under 18? And do they look at the child's age at the time of application or when they arrive for the interview? We're worried the sister may be turning 18 right around that time.

Thanks!

29 minutes ago, iwannaplay54 said:

Why is it so difficult to get married in Saudi Arabia anyway?

Something to do with the bride had to have a male relative physically present in the Sharia court in Saudi Arabia in order to get married. She was alone, and she only has one male relative in Florida who was physically unable to fly to Saudi Arabia to be present for her to get married.

1 minute ago, iwannaplay54 said:

It will be accepted.  Amazing they caught someone actually in an office at the ministry 😂

Ok, but would it be OK to mention to USCIS that the marriage was done over Zoom originally?

Just now, Kor2USA said:

If the US doesn't recognize the religious marriage certificate why do they want to submit it?

They're probably too married for a K1 now and not married enough for IR1/CR1. 

They should marry in Saudi or get married via Utah (and if they marry via Utah make sure the wife visits Saudi after they marry online).

Then they can file an I-130. 

They tried to get married in Saudi Arabia but reportedly it was too much of a hassle, where the brother of the bride had to be present or something but couldn't. So that's why they were trying to attest their Zoom marriage certificate in Saudi Arabia which they successfully did.

They are now considering flying to Pakistan to get married over there because they're having difficulty getting married in Saudi Arabia.

In this case, they did exactly that. Consummated the marriage after a visit. But, the Zoom wedding was done in Florida. But the US consulate in Saudi Arabia AND the Ministry of Foreign Affairs DID attest and stamp the document. So is this enough? Or will they run into issues w/ USCIS for doing the marriage over Zoom?

No, the Zoom marriage was done with the bride in Florida, groom in Saudi Arabia.

Hello all, I am asking this question for someone else. He got married to his now-wife over video call. He was in Saudi Arabia and she was in the US. After this, the religious official (who was physically present in the US with the bride), wrote them a religious marriage certificate (holds no legal standing in the US to be registered as a marriage).

She then brought this certificate with her to Saudi Arabia when the two of them finally met. They took this certificate to the American consulate in Saudi Arabia and had it attested there and in the Ministry of Foreign Affairs. Based on the USCIS website, it seems like this should be valid:

Quote

Exceptions:  Only the Saudi government is authorized to create legally-binding marriages that are valid for immigration purposes.  In the cases of third country nationals who get married outside of a Sharia Court in Saudi Arabia,  that marriage must be endorsed by the Ministry of Foreign Affairs.  There are MOFA offices located in most major cities.  For example, a third country national who performs his/her wedding ceremony at his/her country’s embassy in Saudi Arabia must have their wedding certificate and/or marriage contract endorsed by the Ministry of Foreign Affairs.  The Ministry of Foreign Affairs will affix a small stamp with two crossed sabers and a tree on it when they endorse the document.

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

The question I had was, will the USCIS still accept this document even though the marriage was done online? I know surrogate marriages are only allowed if you later show proof that you consummated the marriage but I thought that was only for fiance visas.

Thank you!

Got it. Thank you guys so much! 

Glad to say we got our green card approved on 1/24/22, the day of the interview, and received it in hand at home on 1/31/22. The question is about the SSN. We never got the EAD since we got the green card first. Does USCIS already submit an application for a SSN on our behalf or do we have to go do it ourselves?

Thank you!

Thank you everyone! I just sent it out today. Hopefully things go well and they clear the RFE as soon as possible

My RFE says submit proof of citizenship for myself, the sponsor on I-864. Is my US passport biographical page enough or should I send my birth certificate too? 

Should I also send updated photos, lease documents, and joint bank accounts to front load my application a bit more given this opportunity to send stuff for the RFE? Or should I just give exactly the stuff they asked for. 

Thanks for all the answers, everyone!

So since I need to file a new I-864, I need to also submit my most recent paystubs, W2 + tax return transcript of the most recent tax year (2020), and employment letter of good standing, correct? I just started a new job in July. I originally submitted the AOS application while still working for my previous employer.

Is it a problem if I provide new employment letters/paystubs from my new job? I'm concerned they'll see that although my salary is good, I only have been working here for a month so my YTD earnings is low. Will this be an issue? Do I need another letter from my previous employer stating that I moved to a different job? Or should I write a letter w/ an explanation?

Hi everyone, I appreciate any help I can get.

I got an RFE with 4 bullet points, each of which I've attached a photo of (and removed the names):

RFE Points 1 & 2) I-864 EZ

They told me that I can’t use this form unless I submit W2s. But I don’t know why that’s the case. I submitted my tax return transcript from the IRS website for the year 2020, which should be fine. My income was ~72K on that which is more than enough. I am only sponsoring one person (my spouse), so that shouldn’t be an issue either.

Should I just resubmit the I-864 EZ with the W2? Or should I just forget it and do the I-864?

Also they had a bullet point stating that they need proof of my citizenship to use the I-864 form. This one was just silly because I provided a picture of my US passport photo identity page. Should I just send the same thing again with a post-it note explaining that I already sent it the first time?

RFE Point 3) Spouse’s birth certificate

They said that I need to submit her birth certificate, which I did. I’m unclear if it’s because it’s not the appropriate kind? But I looked on the USCIS website regarding what is considered an acceptable birth certificate from Pakistan (link below):

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

“Issuing Authority: Birth certificates issued by local Union Councils, Municipal Corporations, the Office of the Cantonment Board, or the CDA are acceptable, as are Family Registration Certificates (FRC) issued by NADRA.  In larger cities, such as Rawalpindi, Lahore, Karachi etc., Municipal Corporation-issued birth certificates prior to 2001 are also acceptable.”

Based on the above statement, her birth certificate should be valid. I’ve attached it (names omitted) for you guys to see.

RFE Point 4) Marriage certificate:

I really don't understand this, because not only did I provide our marriage certificate, I even provided a CERTIFIED copy of it because I heard some people get RFEs for this. Should I send yet another certified copy? Or just send a photocopy?

In addition, I had one question about her biometrics appoint, which she has in Mid August. Does this mean the RFE is not really going to delay her interview date? I was surprised I got an RFE but also got the biometrics appointment at the same time.

Hey everyone just as an update, they received my application again on 6/5/2021 and I have not received NOA-1 yet.