Pickle_slushy

49 minutes ago, Timona said:

It's only valid for 2 years from date signed by doctor. So if your interview is a few days from the 2 years, I'll suggest go to your doctor, sweet talk him and get the updated form for cheap.  

We're definitely not close to that. Medical was done in September of 2020

1 hour ago, Celebi said:

Good luck on your interview! When did you submit your AOS package?

Can't remember the exact date we mailed it, but it was early September. I do know they received it on September 15, 2020. 5 months total from submission to the interviewwas actually quite shockingly short to me. We were assigned to the National Benefits Center

37 minutes ago, Timona said:

Take I-693 too

We submitted that with the initial application 

My wife and I are going through marriage based Adjustment Of Status currently. She came here on a tourist visa and we got married eventually, then filed a I-130, I-485, I-131, & I-765 concurrently. 

Our interview is scheduled for February 2nd so I'm trying to make sure I know everything we need to bring to the interview. I have a pretty good idea, but I'm not sure if we need to bring the original forms we filed such as copies of the initial I-485 and I-130? And what about all the supporting evidence and documents we had to submit with I-864 affidavit of support and I-944 public charge (paystubs, tax returns, 12 months of asset/account statements, credit reports, and much more) That seems like an unnecessary amount to bring with considering they already received it all, right?

Any advice is appreciated! 

Thanks

3 minutes ago, payxibka said:

K1 is an arrival status.  An adjustment from k1  is also one based on a marriage to a USC 

I realize that.. But do you have an answer to my question? Just wanted to distinguish in case there happened to be any differences. 

8 minutes ago, milimelo said:

Always required. 

Interesting. As OCD as I am, I'm not sure where I missed that requirement, but I'll definitely have to re-read the form instructions! 

We are about to submit our paperwork... Adjustment of status based on marriage... Not k1. Came here on tourist, then married. Filing concurrently I130, I485, I131, I765.

The only question I have left is about biometrics.... I thought this was not required yet, but a read a few things lately making me question that. Is it required now? Or do I get a letter request asking for it?

And if it is required now, I assume it's just once not for all three (I485, I131, I764)???

19 hours ago, Texas919 said:

Received an NOA in mid May and received a document regarding a lack of medical exam. But we noted that those will be brought in during the interview. Since then we have not received anything else.

What was your reason for not submitting? Just wanted to get the other papers submitted ASAP? 

41 minutes ago, portorusa said:

 

We received a NOA for I-485 in late May, and submitted fingerprints a week ago. Since then no news.

Do you happen to know if a RFE would come before this point or at the next?

On 5/12/2020 at 7:14 PM, portorusa said:

We are in the same situation. My French husband doesn’t have any assets, we share the same checking account and my income is well above 125%. So I only included my tax transcripts, paystubs, and a letter from my employer about another pay raise. I didn’t bother to add my assets nor even bank statements from our shared account. Mailed AOS package on 4/24, still waiting for NOA. 

Have you received and notice or approval since submitting? I am in the same situation not sure what to do!

On 5/12/2020 at 5:49 PM, Texas919 said:

For an update for future reference, I sent in 12 months of monthly summary (not itemized) statements  of my savings and checking accounts and itemized statements of the shared checking accounts.

 

The monthly summary statements were redacted in the format described above with only the last numbers of the account shown. The itemized shared checking statements had the full number shown.

 

After closer reading of the instructions I am not even sure the asset info is needed if you are above the 125% poverty line. It is not completely obvious so I included it anyways. We shall see what happens. Will update accordingly.

Have you received and notice or approval since submitting? I am in the same situation not due what to do!

7 minutes ago, lunajo said:

 

Hi - can I check how you abandon your K1 petition. Did you indicate this in a separate document in your I130 packet or in your cover letter? Thanks!

Yes, we wrote a letter explaining our situation. As far as I know there is no formal way of withdrawing it. On the I130 there is a section where it asks if you've submitted a previous petition for this person. I selected yes, and wrote in my reason as withdrawn k1. 

We are about to submit our I130 and I485 concurrently with the i765 and i131 as well. 

Can anybody give us some advice on if we should be doing anything during the waiting to make things go smoother further down the road? 

-When should we contact her home country of name change? Does it matter? 

-Any relevant tax information? 

-social security number? 

-getting set up properly in the US?

Really just trying to stay ahead of the game! 

Thanks

1 hour ago, lunajo said:

Hi all,

 

This forum has been helpful when I was applying for K1 visa in 2019. However, the situation has changed (likewise for many others) and I am back here with questions, hoping to get some good advice. 

 

My boyfriend is a US citizen and I am a Singapore citizen. We began the K1 visa paperwork in Oct 2019, thinking that we should be able to do the visa interview in Singapore by July/ August 2020. We checked in June, and our case petition is still with NVC. They couldn't send it to the US embassy in Singapore due to multiple obvious reasons. After checking with the embassy, it seems that they will not resume processing visas any time soon, and that they are unsure when, like everywhere else.

 

In January 2020, we spent 1.5 months in Singapore. We came to US together in March 2020. I came on ESTA and have been in US since March based on ESTA extensions (30 days each time). 

 

We are considering whether to abandon the K1 process and get a marriage license + apply for green card instead. Our original plan was to get married in US in end 2020/ early 2021 anyway, and I do want to continue to stay here without applying for ESTA extensions every month with the risk of a rejection. 

 

In this situation where we want to stay together in US, is it worth it for us to get married and start AOS process? Since we have the intention to marry (that's why we did K1 in the first place), would there be a risk of immigration fraud charge?

 

Any advice will be greatly appreciated!

 

 

We were in a similar situation. We decided to abandon it and we're getting married in a week then submitting new paperwork (filing i845 and i130 concurrently). If she came in March, then it's been plenty of time to say she didn't come here with the intention to get married. 

On 2/11/2012 at 9:52 AM, ramonathepest said:

Hello, I am new to VJ so I apologize if I haven't got the etiquette/process down. I am a canadian in the US. I am going to marry my USCitzen boyfriend of 15 years. I travel back and forth between Montreal and NYC by car every couple of months. We finally decided to live in the same city (ie NYC )permanently so we are going to get married. I never get my passport stamped because I come by car so I don't have a Arrival record or I-94 which seems to have all the immigration consultants baffled. My last entry date was Jan 3 2012 but I have no proof of that. Can I assume that there is a record of my car license plate available at the border that I went through? Is the arrival record absolutely necessary ? Thanks

Hello, 

I know this is old so hope you see it! 

I'm just wondering what ended up happening? I am in the same situation. Going through marriage based AOS. She is from Canada and arrived as a visitor. Ended up staying and getting married. 

She arrived through a land port. No passport stamp. No I-94. On the official I-94 website the only thing available to her is a arrival/departure record which is accurate at least. 

Should we just print out this history? What did you do and was it successful? 

4 minutes ago, geowrian said:

Complicating things a bit more...

1) There were rulings by the court to create a nationwide injunction against the updated public charge rules for USCIS and DOS.

2) A different court ruled in a similar manner but only for NY, Connecticut, and Vermont

3) An appeals court also ruled against the public charge rule taking effect.

4) This ruling by yet another appeals court invalidates the ruling in #1.

 

The actual impact right now is uncertain.

The I-944 is not available on the USCIS website anymore. The I-485 page (https://www.uscis.gov/i-485) says:

"As long as the July 29, 2020, SDNY decision is in effect, USCIS will apply the 1999 public charge guidance that was in place before the Public Charge Rule was implemented on Feb. 24, 2020 to the adjudication of any application for adjustment of status on or after July 29, 2020. "

But this could be changed at any time depending on the latest ruling.

 

The FAM (for visa cases) is still completely blank on the topic ever since the first ruling.

 

Possibly. Although I would be surprised if they took the case and ruled differently than they did last time (earlier this year) when they let the rule go into effect. While world events have changed since then, I just can't imagine that they would say "ignore our prior ruling because of the pandemic"...SCOTUS generally rules on specific questions of law and legal facts (are the rules within the law), not so much how they're used (should they be policy during a pandemic?).

This is ridiculous. I guess I'll just submit it anyways and they can do with it as they please. 

1 hour ago, IndominusRex said:

Hold your horses, apparently a federal appeals court just reversed the injunction. This is turning out to be a roller coaster. We were about to resubmit the AOS for the kids without the 944 but it seems like it may be required again. Just saw the news this morning. 

Do you have a source or link for this news? 

My Fiance has been here in the states with me since March after being laid off temporarily, still has a job to go back to when they fully open. Would she have been able to receive EI payments even if she was here with me outside of Canada?

On 8/2/2020 at 11:12 AM, HRQX said:

What? There isn't a specific date. https://ccrjustice.org/sites/default/files/attach/2020/07/Dkt 221.Judge's Order granting COVID-19 PI and denying most of MTD.7 29 2020 cuccinelli.pdf "Defendants are enjoined from enforcing, applying, implementing, or treating as effective the Rule for any period during which there is a declared national health emergency in response to the COVID-19 outbreak."

This if coming from US Is. 

"As long as the July 29, 2020, SDNY decision is in effect, USCIS will apply the 1999 public charge guidance that was in place before the Public Charge Rule was implemented on Feb. 24, 2020 to the adjudication of any application for adjustment of status on or after July 29, 2020"

Is there an older public charge form we should be submitting instead?

5 hours ago, Bigtuna said:

I'm not going to send it. Tbh, I was half way trough with the I1944 but some info is not easy to get and I was stressed. I dont have any english certificate and it was being kind of a nightmare along with other documents and bank stuff.

 

I already have completed the other forms (130 and 485+EAD+AP) and reuinited all the bonafide marriage evidences. Im only waiting to get my medical exam next week and I cant wait to submit everything.

Did you know the medical is only valid for 60 days? We are waiting to submit this until later, as it's not likely we'll be interviewed before that with all the delays right now... 

11 minutes ago, geowrian said:

If you have it ready already, it won’t hurt to send it. It’s always possible the injunction will be appealed and they may request it later. It’s an edge case IMO, but possible.

 

They have stated that they will not use the information on/for it at this time. So it won’t make a stronger case either...it will either be ignored (if the injunction remains) or reviewed/requested later (if the rule were to be re-enacted).

Right. The only thing that I don't have right now is an official foreign education evaluation. I'm wondering if a submit it without this that it might be returned for an RFE. 

We are about 2-3 weeks from submitting all of our paperwork. Filing I-130 and I-485 concurrently. Given the new information about the I-944 being put on pause, do you think we should submit it anyways since we have all the paperwork done? If anything, it probably gives strong evidence in our case. 

We are about 2-3 weeks from submitting all of our paperwork. Filing I-130 and I-485 concurrently. Given the new information about the I-944 being put on pause, do you think we should submit it anyways since we have all the paperwork done? If anything, it probably gives strong evidence in our case. 

On 4/17/2020 at 4:37 PM, pperry said:

I figure I'll throw a few more questions to the pot, after having diligently read all of these pages for the answers I seek...

 

My husband has been coming in and out of the states for the past year and a half as a B2 Visitor, we are just now (re)sending in our concurrent AOS package. Funnily, we originally sent it in BEFORE the I-944 became mandatory, but then post office or someone messed up found our 485 pack loose in the mail. Just as well as the I-130 was rejected because my checks were misprinted... So now we have to do the I-944. Boo.

 

Questions:

 

Health Insurance : Do you think putting Canadian National Health will suffice? Or should I get a travel insurance package for him? I do not have insurance myself, as I work in hospitality. Well. Worked. Furloughed presently..

 

English language : He is from Manitoba, Canada, where most people speak English... We were just going to get his college transcripts evaluated, but apparently they don't TAKE English in college there so they are useless for this. I hope to be able to obtain his high school transcripts but he graduated in 1989... So the question is - do we think that for applicants from English speaking countries they'll be more lenient on this one??

 

Liabilities : The language is unclear. Is it just (the applicant) His liabilities they want? I just sort of don't feel like my $140K in student loans will help anything...

 

I'll leave it at that for now?

Sounds like you are in a similar situation as me! My wife is from Canada and we are applying for AOS and getting ready to submit I-944. Would you mind telling me what you put on a few questions? 

For the question where it asks if you have filed a federal tax return, did you put yes or no? This one is for her, the applicant. She's never worked in the US, only Canada. She filed a return there but not sure if that's what they're asking. Also did you submit Canadian tax returns as evidence? And do you think an official education evaluation is necessary, being from Canada? 

On 4/17/2020 at 4:37 PM, pperry said:

I figure I'll throw a few more questions to the pot, after having diligently read all of these pages for the answers I seek...

 

My husband has been coming in and out of the states for the past year and a half as a B2 Visitor, we are just now (re)sending in our concurrent AOS package. Funnily, we originally sent it in BEFORE the I-944 became mandatory, but then post office or someone messed up found our 485 pack loose in the mail. Just as well as the I-130 was rejected because my checks were misprinted... So now we have to do the I-944. Boo.

 

Questions:

 

Health Insurance : Do you think putting Canadian National Health will suffice? Or should I get a travel insurance package for him? I do not have insurance myself, as I work in hospitality. Well. Worked. Furloughed presently..

 

English language : He is from Manitoba, Canada, where most people speak English... We were just going to get his college transcripts evaluated, but apparently they don't TAKE English in college there so they are useless for this. I hope to be able to obtain his high school transcripts but he graduated in 1989... So the question is - do we think that for applicants from English speaking countries they'll be more lenient on this one??

 

Liabilities : The language is unclear. Is it just (the applicant) His liabilities they want? I just sort of don't feel like my $140K in student loans will help anything...

 

I'll leave it at that for now?

Sounds like you are in a similar situation as me! My wife is from Canada and we are applying for AOS and getting ready to submit I-944. Would you mind telling me what you put on a few questions? 

For the question where it asks if you have filed a federal tax return, did you put yes or no? This one is for her, the applicant. She's never worked in the US, only Canada. She filed a return there but not sure if that's what they're asking. Also did you submit Canadian tax returns as evidence? And do you think an official education evaluation is necessary, being from Canada? 

On 4/17/2020 at 4:37 PM, pperry said:

I figure I'll throw a few more questions to the pot, after having diligently read all of these pages for the answers I seek...

 

My husband has been coming in and out of the states for the past year and a half as a B2 Visitor, we are just now (re)sending in our concurrent AOS package. Funnily, we originally sent it in BEFORE the I-944 became mandatory, but then post office or someone messed up found our 485 pack loose in the mail. Just as well as the I-130 was rejected because my checks were misprinted... So now we have to do the I-944. Boo.

 

Questions:

 

Health Insurance : Do you think putting Canadian National Health will suffice? Or should I get a travel insurance package for him? I do not have insurance myself, as I work in hospitality. Well. Worked. Furloughed presently..

 

English language : He is from Manitoba, Canada, where most people speak English... We were just going to get his college transcripts evaluated, but apparently they don't TAKE English in college there so they are useless for this. I hope to be able to obtain his high school transcripts but he graduated in 1989... So the question is - do we think that for applicants from English speaking countries they'll be more lenient on this one??

 

Liabilities : The language is unclear. Is it just (the applicant) His liabilities they want? I just sort of don't feel like my $140K in student loans will help anything...

 

I'll leave it at that for now?

Sounds like you are in a similar situation as me! My wife is from Canada and we are applying for AOS and getting ready to submit I-944. Would you mind telling me what you put on a few questions? 

For the question where it asks if you have filed a federal tax return, did you put yes or no? This one is for her, the applicant. She's never worked in the US, only Canada. She filed a return there but not sure if that's what they're asking. Also did you submit Canadian tax returns as evidence? And do you think an official education evaluation is necessary, being from Canada? 

On 4/2/2020 at 1:24 PM, TreverR said:

Okay thats reassuring because my tax return clearly show that I have for the past 3 years maintained well above the 125% guidelines.  

 

Thanks again! 

Are you the sponsor or immigrant? Curious, as I'm the sponsor and make way more than enough, but has no income obviously. 

Did you ever get an answer to this? I am wondering the same exact thing. 

Also, if the applicant on the i-944 is Canadian, when it asks if she has every filed a federal tax return, is that a yes or no? She has filed canadian taxes, never US taxes. Not sure if they refer to only US on that question 

On 4/10/2020 at 7:06 PM, Gak said:

I have a question about the form i-944.

 

I know for the i-864, you can submit tax transcripts which you can get them directly from the IRS website or tax returns.  The tax transcript is a document verifying that the IRS has received your tax return and has processed it.  However, in the "Household Income" section from the i-944, they only mention about the "tax transcripts" as evidence. It says that if you haven't filed U.S. tax reports, we need to provide our foreign tax "transcripts" as evidence. I don't think we have such thing as "tax transcript" in Canada. I do have a tax report and T4 in my hand. The question is can I use my Canadian tax report, not tax transcript, along with T4?  If not, what is the Canadian equivalent to the USA tax transcript?

 

Is there anyone who have submitted a Canadian report as a supporting document? Let me know if I can use my Canadian tax report along with my T4 from last year. If not, let me know where I can get my Canadian "tax transcript" because nowhere on the CRA website says they provide a tax transcript.

On 4/10/2020 at 7:06 PM, Gak said:

I have a question about the form i-944.

 

I know for the i-864, you can submit tax transcripts which you can get them directly from the IRS website or tax returns.  The tax transcript is a document verifying that the IRS has received your tax return and has processed it.  However, in the "Household Income" section from the i-944, they only mention about the "tax transcripts" as evidence. It says that if you haven't filed U.S. tax reports, we need to provide our foreign tax "transcripts" as evidence. I don't think we have such thing as "tax transcript" in Canada. I do have a tax report and T4 in my hand. The question is can I use my Canadian tax report, not tax transcript, along with T4?  If not, what is the Canadian equivalent to the USA tax transcript?

 

Is there anyone who have submitted a Canadian report as a supporting document? Let me know if I can use my Canadian tax report along with my T4 from last year. If not, let me know where I can get my Canadian "tax transcript" because nowhere on the CRA website says they provide a tax transcript.