azblk

14 minutes ago, geowrian said:

My understanding is she cannot be credited until she has obtained status. Then she can recover past credits.

 

Edit: Forgot that she was TPS...she may or may not have authorization to work legally and earn SS credits.

Although wouldn't an I-864W still be needed from the petitioner?

This is correct but even without TPS social security will credit you as long as you are using your number. The recovering past credits only comes into play if you used an ITIN/madeup/someoneelses number, only then would you need status to obtain your own SSN and get those credits correctly credited to you. 

1 hour ago, geowrian said:

 

Agreed.

Although I would just reiterate to the OP that Matter of Sesay would require a new I-864 from the original petitioner. Even then, it sounds like this would be a very, very uphill process.

If the original petitioner is willing to provide an I-864, why haven't they done AOS already? It sounds like the son is wanting to do so because that path is no longer viable.

It is uphill but is likely the only available path. 

If the mother has a SS number and has already put in 40 quarters of work ( albeit unauthorized) she would be exempt from the need to get a new i-864 from the original K-1 petitioner. 

To the OP it seems you are in over your head on this. You very likely need an attorney for this. A very important question is what happened to your mothers K1? Did she marry the petitioner within 90 days? Did she try to adjust her status? Is the k1 petitioner willing to provide an affidavit of support?

If she got married to her K1 petitioner within the 90 days then you may be able to file for her ( bia - matter of sesay). 

Talk to a good immigration lawyer before doing anything. 

Parent/legal guardian signs in place of applicant.

41 minutes ago, Kimo04 said:

@azblk nothing to think of, our marriage is bonafide we have child together. Bcos is taking too long after interview in September , and anything yet only for them to send me my case is still pending. On the day of the interview the officer asked us if she requested DNA, are we ready to do it. We are ready for anything 

The uscis is by nature suspicious. For whatever reason they decided to do a home visit which happens sometimes. From your description it seems everything was as should be expected. Do not worry yourself to death. Nothing you have described is unusual.

What are you worried about? there is nothing to see here. They came , they saw and they left.  You case will be approved unless you have some other inadmissibility issues.

She is a permanent resident until a formal ruling is made by an IJ on whether she abandoned her status. Quickest route to go is for her to just fly back. If she has a problem at airport - requests a hearing before an immigration judge. She should NOT sign anything she does not understand especially form i-407.

The worst that can happen is they will take her green card and refer the case to immigration court.

58 minutes ago, Luckycuds said:

Because they lied? If someone was truly so fearful for their life they wouldn’t go back to their home country.

Asylums generally takes a long time to get and alot of times by the time asylum is approved maybe the situation has changed enough for them to return home.

In my home country for instance, it almost safe to be gay as long as you do not wear it on your sleeve until it is election time and the powers that be are looking for the Christian Taliban votes and then allover a sudden gay people start getting demagogued for every problem that is in the country from child abuse to rape of straight women by gay men.

2 hours ago, Timona said:

I was a student. Knew my wife through university beforehand.

 

Not trying to discredit your point. My point was on timeframe. I think it's not enough to establish a good relationship. Similar to going overseas,  meeting for a day then coming back and applying for K-1 as mentioned by @Jorgedig.

 

There is no hard and fast rule on how long people who want to be together should wait before getting married.

Some people take a very long time and still their marriages fail and some don't and they stay married for a long time. Just because you knew your wife at the university for a long time doesn't make your marriage anymore valid than the guy who met his wife last night at a casino in Vegas and eloped.

3 hours ago, Timona said:

 

Never came to terms how someone who's vacationing, suddenly falls in love, decides to stay and adjust. Your 2 months of vacation is not enough to know someone fully and make a lifetime decision.

just like someone comes on a student visa to study and then return home falls in love and decides to stay and adjust.

3 hours ago, Tink88 said:

Hi everyone, appreciate all the replies to this original post. Just a little update: The mother arrived a few days ago, and granted entry. There was a moment where she was pulled aside and questioned, but other than that no other issues. Her green card does expire next year, I'm going to guess it won't be approved for renewal. We will see when the time comes. 

Good for her. She shouldnt have a problem renewing

5 hours ago, Jaypatel8110 said:

Hi All,

I am in serious confusion after reading a ton on new 90 Day rule for filing Adjustment of status after reentering into USA . Please Help me OUT .

 

Background- 

I came into USA in Dec 2015 on F1 Student Visa and I am currently a full time employee on STEM OPT. During my say here i fell in love with a girl and she happen to be a US Citizen . We got engaged in FEB 2019 (We Traveled to India for the Celebration with Friends and Family ) . And we again went back to India this DEC 2019 For Wedding Celebration . After returning back to USA on Jan 2 , 2020 we got legally married on Jan 06 , 2020 . And now we are planning to apply for AOS based on our Marriage this week. (During my entire stay in USA , I travel out of USA 3 times ) .

 

My serious concern here is will the new 90 Rule hunt me here as i reentered the states on Jan 02 ,2020 AND soon got married after reentry and now applying for AOS GC . Will it be considered a fraud if i apply right now ? Or should i just go ahead and file AOS as my Visa is getting expire in 8 months from NOW .

 

Suggestions are very much appreciated , Thank you 

Wait for 90 days to pass then file your AOS

On 12/24/2019 at 7:25 PM, TonyMichael said:

I want to know if it is a big red flag not to have a joint bank account when you apply for ROC alone (due to a divorce).

 

I am planning to divorce my husband because of infidelity, but I am still on conditional GC. I want to divorce him, and apply for ROC by myself. 

We have a very different way of spending money, where I save every penny and have some saving, whereas he overspends to the point that he asks me for money. He spends money on alcohol and legal drugs, which I am not happy about. So we have never commingled our finances, and I spend my own money, and he spends his (also he tries to beg me for money when he is short). We have a joint checking account, but we rarely use it. Mainly I deposit money in it, and he uses it.

 

Is this a big red flag upon ROC? Can I still prove that our marriage is real? 

I have other evidence such as: 

1) Lease with both of our names together (although we separated for half a year when I found out about his cheating on me) 

2) My car insurance covering both him and me

3) My health insurance through my employer with him as the beneficiary 

4) My dental/vision insurance through my employer with him as the beneficiary 

5) My life insurance through my employer with him as the beneficiary 100%

6) Photos of us from multiple occasions (even when we were separated, we met from time to time)

7) Texts every day

8 ) Photos of us and his family together on special occasions

9) Join Tax return for 2017 and 2018. (We are planning to file jointly again for 2019, before the divorce occurs if that helps)

10) I can get a affidavit from my best friend who knows both of us really well, proving that our marriage is real.

11) Bills/Mails sent to our address.

 

Is this enough, to cover the lacking of having a joint bank account?  What else can we provide? 

There is NO requirement that you have co-mingled finances or joint bank accounts. What you have listed should be enough. People has succeeded with a lot less than you have. Good Luck

1 hour ago, DialNoises said:

I'm unable to edit the previous post but I do have a concern! 

My wife and I have been making plans to move to another address for a few months now, we were planning on committing the official move this month, but as soon as we discovered about the denial earlier this month, we placed finishing the forms as our highest priority, so we are moving later once after we are finished, expecting late January or so. 

We are aware that we are able to change our address at anytime and it does not ring me any issue, but the fact that we're shifting addresses so quickly after submitting the forms (which are going to have my current residency) is raising a concern as I have never dealt with address changing in the past and unaware of the process and how it interferes. 

I wanna be faithful to submitting the forms and write my honest current residency, but I'm wondering, would moving out and then alerting the uscis that we have changed our address cause an interference with the pending i-485 and the rest of the forms? 

Or should I approach this case differently? 

 

I should be still living under the same address even during or after my second visit to the biometric appointment, if that helps in any way! 

I think if you to move then you move. Just complete a change of address form for every form you send. i-485/i-131/i-765

1 hour ago, DialNoises said:

 

So they won't deny it if it's needed but it's not included?

 

 

And ohh! That should be excellent! 

We're getting W2, pay stubs and a 1099 from my main sponsor (my wife) and a tax transcript that were trying to get from the IRS website, we were having some trouble having the IRS system confirm some login details, so the website issued a verification code that is going to be sent to our mailbox, hopefully that will be quick. 

And then W2s, pay stubs and IRS transcripts from out joint sponsor! 

We are missing one of their W2 from two years ago or so, so we're issuing it which might take some time too.

 

If all things go through well and I'll have everything ready by hopefully next Friday or so, before shipping everything I'll make sure to list up all the documents I'm including here! 

Thank you so much! 

 

No they will NOT deny you for a missing i-693. You will have to bring it with you to the interview. Should they waive the interview since you have already had one then they will send an RFE for it.

You do not need w2/1099 or pay stubs. I guess you can include them just to be thorough. What is required is tax return for most recent tax year. The income for the other 2 years is just filled into the form. Also a tax transcript for the previous might be helpful. Do NOT worry about the missing w2.

7 hours ago, DialNoises said:

Whew I hope they will unlike last time! Thank you so much! 

 

And that's awesome news! My joint sponsor was getting a bit confused so it helps knowing and reassuring! 

Thank you for being so helpful! 

 

Also! We have been researching but we're getting mixed ideas and we're quite unsure on if 1099 forms should be included no matter what if you're signing yourself as a sponsor? Unless form 1099 doesn't apply to every US employee? 

We're getting mixed information on what 1099 forms really are, because on one hand we read that 1099 are "just" tax forms that every employee gets, but then we also see that 1099 forms are only given to self employeed citizens? 

 

if you do not get a letter just bring it to the interview. 

A copy of your sponsors tax filing is sufficient, they want to see that the sponsor is paying taxes so 1099/W2 is not enough. They want to see 1040 or tax transcript.

20 hours ago, Cata&Ben said:

The issue is that my husband was laid off this week and I have the AOS interview in two weeks.

My husband´s contract terminates on the 31st of December. 

what is the best way to handle this problem?

He has a severage package for 4 months. 

I dont have a sponsor.

 

Thanks for your help

Cata

 

You husband need to find new employment ASAP. If you can find a cosponsor in the next 2 weeks then do that if you can not then just go to interview. Do not volunteer the information unless asked.

13 hours ago, DialNoises said:

What's usually happens if you are needed to send new medicals?

Are they going to send me a notice requesting me to complete new medicals, or should I perform my new medicals and submit them additionally after submitting my i-485?

Yes normally they will send you a letter that they noticed you did not include i-693 with your filing and will tell you to bring it to interview.

52 minutes ago, DialNoises said:

Hey again! 

So, we’re going through more stuff for the Affidavit of Support.

 

Can the joint sponsor be a friend that doesn’t reside with us? My brother-in-law’s girlfriend (not married) is wanting to joint sponsor, however, we’re getting mixed answers online. I’m thinking that its fine honestly! But want to get feedback! 

A joint sponsor can be ANY US citizen or Permanent resident of sufficient means. Remember you spouse is still you primary sponsor and also NEEDS to submit a i-864 even if they dont make enough money.

11 minutes ago, DialNoises said:

Oh okay! That's good then! 

Im terrified that the new policy would allow them to not ask for RFE for a new medical and just deny my AOS again 😭

Am I still supposed to complete and include the form i-963? 

i-693 is the sealed medical form from a civil surgeon and you do NOT have to submit it right away. Read the USCIS policy itself, They will NOT deny you because you didnt include it in your initial filing.

5 minutes ago, DialNoises said:

I was going through the AOS guide for k1 holders, and I have got a few questions! 

 

--------------

I-693, Medical Examination of Aliens Seeking Adjustment of Status.I-693, Medical Examination of Aliens Seeking Adjustment of Status. If you are a K-1, K-2, K-3 or K-4 visa holder the I-693 instructions state that you are not required to have another medical examination as long as your Form I-485 is filed within one year of your overseas medical examination. If you are missing any shots from your overseas medical a I-693 vaccination transcription is required to be completed by seeing a Civil Surgeon to have certain portions of the I-693 completed and have the Civil Surgeon certify the form (sealing the original in an envelope and giving you a copy).

--------------

 

I didn't understand it completely, do I must include form I-693 in the package? 

And it states that I don't have to file an examination as long as I'm doing it within one year of the overseas medical examination, 

The last time I did a medical was on July 2018, would it cause an issue or I should stil follow what I have been told here and not perform a new one? (I'm still attaching some of the papers I have got to keep from the medical examination, it mostly spesificies vaccines and has the doctor signature signed on it I believe) 

You will have to do a new medical as it is already a year since you last did one. You just don have to do it right away.

1 hour ago, DialNoises said:

Husband here again! 

Something we have noticed in our denial letters was also pretty confusing to us, and I have been meaning to ask, 

On our second page of our denial forms, there's a segment saying "the evidence of record shows that, when you filed your application, you were present in the United States contrary to law." 

What does it mean? Why would it say that and what does it mean for me? 

Basically the USCIS is saying you overstayed your visa or were otherwise out of status. Since you are the spouse of a us citizen - that point is moot. Just make sure you refile your application as quickly as possible before the issue an NTA as that will delay and complicate your case alot.

18 minutes ago, DialNoises said:

Hey, wife here! Through more digging I found out that we can definitely hold off on the medical exam for now due to the limited time its valid, which is a huge relief. Thank you so much for your inputs.

 

We will be filing the forms once again with the right documents, however, because we’re refiling, do we need to include anything about the denial? Or can we just refile it as if it was the first time? I’m thinking the latter, but I don’t want confusion. 

You dont have to include anything about the denied case. Look at it like you are filing a new case with the missing documents(i-864). Good luck this time round

1 hour ago, DialNoises said:

I can do that??? I'm very afraid that they will again not send an RFE and deny my forms for missing medicals, I'm wondering if I can squeeze a medical redo in the time that I have left 

I'll look it up! Thank you!! 

Yes you can do that. You are NOT required or even advised to send medical with initial application because you have no idea how long it will take and medicals expire after 2 years.

3 minutes ago, DialNoises said:

I'll double check it, thanks 😞

 

How much should I expect paying when I'm going to a uscis certified surgeon to redo my medical examination? Like, what people usually pay? I know each doctor charges differently, but like what's the average?

And will I'll be able to do it within the time that I have?

You do not have to file the medical right away. Just file i-485, i-131, i-765 and i-864 right away. Basically the same package you filed with i-864 included this time. You can do the medical later, it is not required with initial filing.

8 minutes ago, NikLR said:

She aged out at age 18 for a step parent.  Mom will have to petition. 

This is not correct. The only requirement for step parents is that the marriage of parents took place before they(step child) turned 18 and that the parent and step parent are still married.