JKLSemicolon

Just wanted to revive this thread and say that we’re planning to upload some additional “unsolicited evidence” on myUSCIS soon covering the period from submission to the end of the calendar year (i.e. September-December 2023). Depending on how that goes, we’ll decide whether it makes sense to continue to do that quarterly or every 6 months. Since this option of uploading evidence is available this will be our way of staying organized and having something (hopefully) productive to do with the wait. Will try to report back here and in the unsolicited evidence thread since I haven’t looked closely at the file size requirements, etc. and how that will affect what we end up submitting and whether it is broken up into multiple files, etc.

Just a few other thoughts: - As a general rule I wouldn’t expect anything useful to happen when calling USCIS unless you talk to a Tier 2 officer. - Based on experiences posted on this forum I would not expect much to come out of contacting elected representatives. Edit: and finally as mentioned earlier, you are still well within processing times as posted on the USCIS website (15 months).

Correspondence for a K-1 petition should be addressed to the petitioner, but if you expect any mail for the beneficiary you should absolutely put their name on the inside of the mailbox, too. If the address is eligible for Informed Delivery you should absolutely sign up for that as a general best practice. Finally, is the address they sent the NOA1 to formatted properly based on the USPS database (which you can verify in the USPS “Look up a zip code” tool? Calling USCIS is clearly not helping here (as is often the case), so if you think something needs to be done other waiting patiently perhaps you could send a letter to the USCIS office address listed on the NOA1 (including a copy of the NOA1 and referencing the case number, petitioner and beneficiary name/DOB in the header) explaining the situation as clearly and succinctly as possible. If you did go that route (which I’m not sure many would recommend) I would keep things short and sweet and not expect a reply.

Do you have access to the case via your myUSCIS account? If so, the option to upload “unsolicited evidence” (as discussed in the thread below) might be what you are looking for:

Whether they should be signed depends if you filed electronically (no signature) or printed them out and mailed them (with a wet signature). Reading your concerns, if I were you and wanted to cover all your bases, I would: - Send the tax returns (including all W2s and schedules) as they appear in TurboTax to satisfy the wording of the RFE - Also send in the associated tax return transcripts In other words, if you’re worried about whether to send one or the other, just do both.

We had no issues during a recent trip to Ecuador other than not being able to check in online ahead of time. The GC/extension letter was only needed for the return flight to the US (for the outbound flight they only need to see the passport), and the agent at the airline counter (AA) was familiar with the documents. Although the CBP agent in Miami had a slight attitude, after reviewing the passport + GC + extension letter, eventually just said "welcome back". Edited to add: we did bring a copy of the relevant pages of the CBP Carrier Information Guide along just in case it was needed for clarification at any point, but didn't end up using it.

As far as I know, the ITIN letter is mailed to the mailing address listed on the W-7. Once it is processed you can also call the IRS ITIN help line (be prepared to wait and/or call back multiple times) to get the actual number if needed. And as long as you follow the instructions correctly, your tax return will be filed with the newly assigned ITIN regardless of whether you receive the ITIN letter in the mail. Edited to add: look at the documents they accept in the instructions and see what else you can provide besides a passport. We used a certified copy of a foreign birth certificate along with a state ID. There are many possible combinations.

If updating the passport name is possible, I agree that would be one way to go about it. Many countries don't allow it but maybe @SansTortoise could specify which country we are talking about here.

Just a data point here that at the DS-260 stage the DOS changed the beneficiary’s last name in their system to match the passport (with both paternal and maternal last names) despite the I-130 being approved by USCIS with a different last name (in this case, the married name). As a result, the visa and green card were issued based on what was on the passport. We’re currently waiting until citizenship to do any name change because of this; your mileage may vary.

If the immigrant (not sure if that’s you) previously set up a myUSCIS account, it’s possible that the case has been added there.

All the best to you with that approach and I don’t doubt that it can work, but I would advocate playing the percentages and posit that when it comes to all of the people who might read this thread and act on it over the long term, they are better off following the instructions as written regarding fees, required evidence, etc.

Despite @flicks1998’s data point to the contrary, in cases where biometrics are reused (which can’t be known ahead of time), a packet that doesn’t include the biometrics fee as specified in the instructions could just as easily be returned without being accepted or processed. This happens frequently when USCIS determines that the correct filing fee wasn’t included.

In my opinion the paper trail is also useful for any future filings. When we refiled after abandoning the I-485 I included (as additional/unsolicited evidence) both a copy of my letter to USCIS as well as their response, and mentioned it briefly in a cover letter. Connecting the dots yourself in the most succinct way possible will be faster than waiting for someone else to discover it on their own, and will also prevent mistakes (which would only end up hurting you anyway). If you’re interested, the relevant statute that USCIS cited in their correspondence is here: 8 CFR 245.2(a)(4)(ii)(A)

To put it simply, the calculator is correct (assuming you answer all of the questions accurately).

No, in our case it was after a K-1 entry so we ended up having to submit a new I-130 which is slightly different than @antoniodurante199’s situation.

We went through this back in 2020-2021 (beneficiary left the country before receiving Advanced Parole and started over with the I-130). See my profile/timeline for more details. I, as the USC, went ahead and sent a letter to the service center listed on the receipt notice for the I-485 notifying them that we were planning to pursue a spousal visa instead. While that wasn’t strictly necessary, they did mail a prompt response addressed to my wife confirming the abandonment of the petition to adjust status and citing the relevant statute. Edit: after seeing your recent reply, while the I-485 is already on track to be denied due to the departure from the US, it doesn’t hurt to notify USCIS about the abandoned petition. My view is that it helps avoid any wasted time that could be spent reviewing other petitions.

Would there not also have to have been a joint interview for the I-485 more often than not? Not sure how often those have been waived during the period that this would have (presumably) been approved. @Nazim and Debbie based on some of your responses here, it would probably be good to seek out some free or low-cost consultations with attorneys in your area. No offense but you do not seem prepared to handle this by yourself and with divorce on the horizon you will need a lawyer regardless.

What I-9 documents did you provide the part-time employer and what are you able to provide now? https://www.uscis.gov/i-9-central/form-i-9-acceptable-documents

Getting added to the utility bills is another way to have proof of your address.

That’s good that your answer to that question avoids any misrepresentation issue. From there I would focus on amending the tax return so that there is no issue there either.

And was this before or after you answered the question on the I-485 that asks, "Have you EVER worked in the United States without authorization?"

Since you know that the tax return was filed without reporting a significant amount of income, then amending it seems appropriate to correct that. As for how to report it, without knowing more details the possibilities might include asking the employer to provide a W-2, reporting it on Form 4852 (if the employer will not provide a W-2), or reporting it as self-employment income; in the end it would be advisable to consult a tax professional to be sure. In order to calculate the actual amount to report, you would have to go back through whatever records are available. Records like bank statements wouldn't necessarily be sent with the (amended) tax return but as with anything you report on a tax return, you would want to have documentation available in case of an audit. Spreadsheets are useful for this. Did you have authorization to work during the time that income was earned?

Without knowing any more details, the only suggestion would be to try to make an emergency/urgent in-person appointment for renewal: https://travel.state.gov/content/travel/en/passports/get-fast/emergencies.html (if applicable) or https://travel.state.gov/content/travel/en/passports/get-fast/passport-agencies.html Edit: this assumes the family member is currently in the US, which was not specified.

Sorry if this sounds like an obvious question, but have you been to Vietnam before? By all means do your research online beforehand, including both official government sources and online expat communities (as was mentioned, VisaJourney is mainly about immigration to the US and not the other way around), but also consider taking an initial trip to visit, get to know the country more (if applicable) and/or gather more information about the immigration process while on the ground there. And if you go that route, maybe a good first step would be to read the information provided by the Embassy/Consulate(s) of Vietnam in the US.

@christopher76, the answers to these questions will be important in order to provide the most relevant advice.