Joanna&Bobby

Duration of Status, as long as you follow the requirements of your status, you are considered "in status" and able to stay.

D/S means that the "clock didn't start ticking" for the unlawful presence (which means that the 3 or 10 year ban does not apply if she leaves the country- unless an Immigration Judge or an immigration authority doesn't find a violation of status). Know that from personal experience!!!

Because she has completed her J-1 program whatever it was (au pair probably???), she is out of status. Out of status, but without what they call- overstay. She didn't maintain her status (which was working as an au pair for example), but she didn't overstay. It's crazy how this immigration stuff works...

Been there done that...

Out of status, expires either put N/A or out of status.

This is part of the standard workflow. All cases go to NBC/MSC initially.

Thank you for claryfing that. I was confused with all the posts. I didn't know if NBC means something good or something bad. (MINE IS SITTING AT NBC AS WELL)

Make sure the "vaccination sheet" says that the history of the vaccines is complete. If you are missing any vaccinations you should visit a cvil surgeon and get them done.

With your Green Card, you can work and travel, but not vote. You have to be a US citizen to vote.

If you vote not being a citizen you can be removed from the country. I read that on the USCIS website.

FIRST OF ALL LET ME START BY THANKING EVERYBODY WHO HELPED US THRU THE K-1 PROCESS, WE REALLY APPRECIATE YOUR HELP AND ONCE MORE WE NEED YOUR HELP. HERE ARE THE QUESTIONS:-

1) ON THE I-485 IT ASKS: WERE YOU INSPECTED BY A U.S. IMMIGRATION OFFICER? WHAT DO WE MARK, YES OR NO?

2) AND IT ALSO ASKS FOR THE I-94 NUMBER AND THE ALIEN NUMBER. WHERE ARE THESE NUMBERS EXACTLY LOCATED?

3) DO WE HAVE TO SEND A SEPARATE PHOTOS AND EVIDENCE FOR THE I-765 FORM EVEN THOUGH WE ARE FILING IT WITH I-485?

THANK YOU FOR ALL YOUR HELP IN ADVANCE.

1)Yes you were inspected unless you came through Mexican border by foot(running)

2)Look at the white sheet stapled to the passport- the number on top of it is the I-94 number, the A#is located on the approval of fiancee petition notice (in the section:beneficiary- right above the beneficiaries name) and starts with letter "A"

3)Yes, you send separate photos- 2 for I-485, and 2 for I-765, also 2 for advance parole (if you are filing for that)

http://www.visajourney.com/forums/index.ph...page=i130guide2

Cover letter first, then items in the order listed on your cover letter.

Guides on vj are very good. Also read this post: http://www.visajourney.com/forums/index.php?showtopic=138695 (Someone put their cover letter and checklist of the documents attached).

Hi Everyone! I have been here in the US for 3 weeks now, got married and all and now we are filing for AOS. On teh G-325 A, biographic information, I am quite confused with the family name. Since I married my husband, I assumed his last name and so my records indicate my husband's lsat name. However, we are not sure if we have to go somewhere to have it officially changed or something. I am thinking that since our marriage, I have the right to choose whatever last name I want and use that from then on. So I have used that to register for school and for SS application. Could anyone please advise if I have to do anything special to have my last name officially changed? And second thing, can I use my husband's last name on the G-325A form? Thank you all in advance!

I have seen that question a couple of times already and I have also asked it on vj before filing for AOS. You can put your husbands name on your G-325(and other forms) if you wish to carry his last name. That's what I have done, so far I have received NOA1s and biometrics appointment. It's fun to watch mail come adressed to your new last name!

The I693 is the medical that immigrants have to submit when Adjusting Status. However, this is not the case for K1 VIsa holders, since they usually complete the medical in their home country. All you need is the I693A. You call the civil surgeon in your area, tell him what you need and some will try to talk you into doing the entire medical again but you don't need to do it. All you need is the doctor to fill out the I693A, put it in an envelope and then you send it off with your AOS pack.

https://egov.uscis.gov/crisgwi/go?action=of...office_type=CIV

I-693A doesn't exist as of May 1st. Instead there is a whole new form I-693 with a vaccination section in part 2. You-as a K-1 fill out Part 1, information about you, and the civil surgeon fills out part 2-vaccination info and part 5-civil surgeon certification. There is the link to the form. You need to fill out Part one and print it, then take it to the CS and instruct him on what to do. You should read this part of the instructions to this form: Part III Question 2.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

thanks so much!!! but we were wondering where we can find a civil surgeon haha thanks again!

There's a link https://egov.uscis.gov/crisgwi/go?action=of...office_type=CIV

If she is out of status she shouldn't even apply for AP because she won't be able to use it... If she leaves the country she may trigger the ban (3 or 10 years, depending on how long she overstayed)

My wife is not planning to travel. the CIS customet service told me that the fee for filing I-485 includes AP anyways, can be used in case of an emergency. Since she over stayed, then she should apply for a waiver of inadmisability to be able to come back. She is not planning on traveling anyways.

My dilema is answering some of the questions on these forms.

I should put Current USCIS status: (out of status) ? and what should I put for Expires on:( ) ?

On the form I-485 Part 2 application type, I marked box (h) other basis of eligibilty, and filled in the blank as following : Adjustment of status through marriage to a naturalized US citizen or I am a spouse of a US citizen... do you think this is acceptable?

I can't wait until this is over and be done with it. It is too stressful to fill out and navigate these forms.

Any help from those of you who has gone through it will be great.

I would put status: out of status, expires on: out of status. That's what's going to make the most sense. Are you a USC? Then your wife would fill out the 2nd part as: (h) Adjustment of Status based on a marriage to a USC.

Good luck!

Thanks again.

Cool, now back to the original question:

My question is the following:

Part 1 of form I-485 asks for "Current USCIS status" and also for "expiration on" date.

What should we enter on each question? My wife came in as J1 (no 2yr req) and completed her au pair program last year.

her visa expiration date is aug 2008 and her I-94 has no expiration but rather a D/S.

Thank you In advance.

Your status is J-1, expiration date is D/S (duration of status). Make sure that her DS 2019 (the white form that was attached to her passport thet was stamped by the Immigration officer at the Point of Entry) also states "2 year rule does not apply" or "not subject to the two year residence requirement". Her visa might say that but this form must also say that.

If you have more questions about the D/S status I have a lot of info about it from my attorney.

Thanks for the information. I am still puzzeled because my wife does not have any white paper from the immigration officer at port of entry. All she has is the visa in her passport plus an I-94 which states a date of arrival (she took a short trip back to her country while her visa was current, came back on 6/2004) but initial visa issue date is 1/2004 which means it will expire 1/2005. They gave her this I-94 upon arrival back from her trip. So some people tell me to put (out of status as current status) and some says put (green card applicant) and others says put (j-1)

Again, no one clearely told me what would be the best answer, plus I still do not know if I should leave the question (expires on: ) blank or put the date the visa expired on which was 1/2005.

Also, I would likek to know if I should include my form G-325A (biographic info) together with my wife attached to the I-130 form, plus adding it to form I485 form. Like i said earlier I am sending the whole package for the first time including I-130 and green card, travel document, EAD and affidavit of support.

Finally, what is the norm as far as putting the package together. I mean when you put all the completed forms in 1 envelop, is there a right order too do that and can I staple individual forms and then clip them with each other as a package. Any suggestions/

Greatly appreciate all you guys help.

Since your wife has finished her exchange program a couple of years ago (I assume from the dates you are giving) she is "out of status". She would remain to be in J-1 status if she was continuing to work within the J-1 exchange program (which usually lasts 12 months plus one month for travel). If she has completed her program within the timeframe (those typical 12 months plus one for travel), and then stayed beyond that time she is out of status.

My wife is not planning to travel. the CIS customet service told me that the fee for filing I-485 includes AP anyways, can be used in case of an emergency. Since she over stayed, then she should apply for a waiver of inadmisability to be able to come back. She is not planning on traveling anyways.

My dilema is answering some of the questions on these forms. ( Do you have any idea on how to answer the other questions in mentioned earlier?)

I should put Current USCIS status: (out of status) ? and what should I put for Expires on:( ) ?

On the form I-485 Part 2 application type, I marked box (h) other basis of eligibilty, and filled in the blank as following : Adjustment of status through marriage to a naturalized US citizen or I am a spouse of a US citizen... do you think this is acceptable?

I can't wait until this is over and be done with it. It is too stressful to fill out and navigate these forms.

Any help from those of you who has gone through it will be great.

Thanks again.

Sorry I messed up the previous post. Again!

Status:out of status, expires on: out of status (that's what I would choose to write in there). Basis for eligibility: Marriage to a USC.

Cool, now back to the original question:

My question is the following:

Part 1 of form I-485 asks for "Current USCIS status" and also for "expiration on" date.

What should we enter on each question? My wife came in as J1 (no 2yr req) and completed her au pair program last year.

her visa expiration date is aug 2008 and her I-94 has no expiration but rather a D/S.

Thank you In advance.

Your status is J-1, expiration date is D/S (duration of status). Make sure that her DS 2019 (the white form that was attached to her passport thet was stamped by the Immigration officer at the Point of Entry) also states "2 year rule does not apply" or "not subject to the two year residence requirement". Her visa might say that but this form must also say that.

If you have more questions about the D/S status I have a lot of info about it from my attorney.

Thanks for the information. I am still puzzeled because my wife does not have any white paper from the immigration officer at port of entry. All she has is the visa in her passport plus an I-94 which states a date of arrival (she took a short trip back to her country while her visa was current, came back on 6/2004) but initial visa issue date is 1/2004 which means it will expire 1/2005. They gave her this I-94 upon arrival back from her trip. So some people tell me to put (out of status as current status) and some says put (green card applicant) and others says put (j-1)

Again, no one clearely told me what would be the best answer, plus I still do not know if I should leave the question (expires on: ) blank or put the date the visa expired on which was 1/2005.

Also, I would likek to know if I should include my form G-325A (biographic info) together with my wife attached to the I-130 form, plus adding it to form I485 form. Like i said earlier I am sending the whole package for the first time including I-130 and green card, travel document, EAD and affidavit of support.

Finally, what is the norm as far as putting the package together. I mean when you put all the completed forms in 1 envelop, is there a right order too do that and can I staple individual forms and then clip them with each other as a package. Any suggestions/

Greatly appreciate all you guys help.

Since your wife has finished her exchange program a couple of years ago (I assume from the dates you are giving) she is "out of status". She would remain to be in J-1 status if she was continuing to work within the J-1 exchange program (which usually lasts 12 months plus one month for travel). If she has completed her program within the timeframe (those typical 12 months plus one for travel), and then stayed beyond that time she is out of status.

Cool, now back to the original question:

My question is the following:

Part 1 of form I-485 asks for "Current USCIS status" and also for "expiration on" date.

What should we enter on each question? My wife came in as J1 (no 2yr req) and completed her au pair program last year.

her visa expiration date is aug 2008 and her I-94 has no expiration but rather a D/S.

Thank you In advance.

Your status is J-1, expiration date is D/S (duration of status). Make sure that her DS 2019 (the white form that was attached to her passport thet was stamped by the Immigration officer at the Point of Entry) also states "2 year rule does not apply" or "not subject to the two year residence requirement". Her visa might say that but this form must also say that.

If you have more questions about the D/S status I have a lot of info about it from my attorney.

Thanks for the information. I am still puzzeled because my wife does not have any white paper from the immigration officer at port of entry. All she has is the visa in her passport plus an I-94 which states a date of arrival (she took a short trip back to her country while her visa was current, came back on 6/2004) but initial visa issue date is 1/2004 which means it will expire 1/2005. They gave her this I-94 upon arrival back from her trip. So some people tell me to put (out of status as current status) and some says put (green card applicant) and others says put (j-1)

Again, no one clearely told me what would be the best answer, plus I still do not know if I should leave the question (expires on: ) blank or put the date the visa expired on which was 1/2005.

Also, I would likek to know if I should include my form G-325A (biographic info) together with my wife attached to the I-130 form, plus adding it to form I485 form. Like i said earlier I am sending the whole package for the first time including I-130 and green card, travel document, EAD and affidavit of support.

Finally, what is the norm as far as putting the package together. I mean when you put all the completed forms in 1 envelop, is there a right order too do that and can I staple individual forms and then clip them with each other as a package. Any suggestions/

Greatly appreciate all you guys help.

Cool, now back to the original question:

My question is the following:

Part 1 of form I-485 asks for "Current USCIS status" and also for "expiration on" date.

What should we enter on each question? My wife came in as J1 (no 2yr req) and completed her au pair program last year.

her visa expiration date is aug 2008 and her I-94 has no expiration but rather a D/S.

Thank you In advance.

Your status is J-1, expiration date is D/S (duration of status). Make sure that her DS 2019 (the white form that was attached to her passport thet was stamped by the Immigration officer at the Point of Entry) also states "2 year rule does not apply" or "not subject to the two year residence requirement". Her visa might say that but this form must also say that.

If you have more questions about the D/S status I have a lot of info about it from my attorney.

I-693a no longer exists; only I-693. If your medical was conducted less than a year ago, you fill in part 1, the civil surgeon fills in the vaccination portion of part 2 and all of part 5. Instructions and form are here:

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

John

GOOD ANSWER. I actually took the instructions with me to the civil surgeon and read it to him. Since I am a K1 I read this part to him:

SECTION III Frequently Asked Questions, Question #2 (belongs to the instructions to I-693)

This is the link to the instructions http://www.uscis.gov/files/form/I-693instr.pdf

I would not hire an attorney, because you are going to spend a lot of money on that part, while you can absolutely file yourself.

No one should be advocating not hiring an attorney on VJ. No one knows enough about anyone's case to say whether it is "straightforward enough" or not. Additionally we are lay people.

They can do whatever they think would be best for their case. If they think it's complicated, then they should. I am not advocating, it's my opinion, and they have their own minds to decide. I have a bad exerience with an attorney, that has been sitting on his butt for a long time before he charged over 3000 bucks for answering a couple e-mails. When I realized that I could have done everything myself I was angry. Especially now facing financial trouble.

The only advice I would have now is "think about hiring one", think it over.

Concur with the previous responders.

Just a note: you don't need to change your passport to your married name in order to apply for Adjustment of Status. Just put your new married name on all the forms and your maiden name in the "Other names" section. You can then change the passport later, and in the meantime travel with the marriage certificate and old passport. Your green card will be in your married name.

That is the plan

I just got off the phone with an uninformed fool at a Dr. Gupta's office in Arlington, VA. I had to explain 3-4 times to this idiot that the medical exam is unnecessary for a K1 visa holder who applies to adjust status within 1 year of filing AOS. The receptionist kept telling me I was wrong, to which I replied, the U.S. law is on my side. Either the person truly was uninformed (which is scary that a USCIS-approved doctor's office would not know immigration rules) or the office is simply trying to scam as much money from immigrants (don't know which is worse). I almost lost it when she told me it would cost $350 including the mandatory exam?!? That's more than twice the price of another USCIS-approved civil surgeon less than 5 miles away.

I also asked about if the HPV vaccine was needed since it is a new requirement for the I-693, to which she said no and names a handful of vaccinations accoridng to the old I-693. So, not only do they likely not know the medical-exam-is-unnecessary rule but they are also unaware that the I-693 has changed and now includes other vaccinations. And this comes from a USCIS-approved civil surgeon? Kinda scary...

WOW! It is scary. I bet people here have experiences with the same kind of trouble. I was also a victim of one of those. They either "knew better" or didn't want to listen at all because they "knew better". They don't even make the effort to update their knowledge. I wish I knew how to have them pay for their incompetence. Can you report them to somebody, the USCIS? I wish I knew.

The same problem is with the SSA. I wish I had a job like theirs. Sit on your butt all day long and tell the people things that they think they know. They all should get fired for having the wrong infomation.

Wow, you can probably tell I am frustrated. I feel for you...

quick question,

after i get married to my fiancee then we go file AOS for her will it take along time to get the green card? im just worried if it takes a long time for the AOS and her K1 visa expires will it cause problems for us?

It should usually take 3-7 months, altough you can not predict what the USCIS will do, how fast they will process you.

The expiration of the I-94 should not cause major problems as long as you are married within the 90 day timeframe. Then file for AOS as soon as possible.

You should take advantage of her K-1 status, because she will be able to get a drivers license with her valid I-94, you should apply for her SS number. And do not worry top much. Most of the people's (K-1) I-94 expires before they get their green cards. Simply the legal status after this expiration and filing for AOS is "AOS pending".

Actually the applying for drivers license is not entirely correct. It varies from state to state. Kris couldn't get one in Texas because the K1 isn't valid for 6mths. Check with your state first.

Yep. That might be right. I would check. I forgot the US is so big, and every state is different. But I would check into that since taking advantage of the status before it expires and you can't do anything anymore is a good idea.

I've seen this question pop up at least 3 times today in specific country forums.

You need to contact the embassy here in the U.S. and find out the steps for your fiancee's country to change the name in the password. From previous posts it seems pretty straightforward and takes less than 2 weeks.

Yes I have the same concern too. My other question is how soon do we need to apply for passport amendment? I am married now to my petitioner and I changed my last name to his last name. My previous last name as reflected on my passport is now my middle name. Your answers are greatly appreciated.Thanks...

IMO it would be best to apply before you travel, but that might not be a big deal either. You should have it changed before conditional permanent residency is granted (for K1) because the 2-year and 10-year green cards will have the full legal name of the beneficiary and that should match the name on the passport.

I chose not to change mine for now. I have checked with the consulate of Poland and it's freaky how long it takes how expensive it is and all the hassle. I a planning on doing that when I deal with other "document oriented" stuff. To change your name in polish passport they expect you to come to the consulate in person and bring certified translation of the marriage certificate (into Polish) and place it in the polish "marriage books" which takes a couple of months, then sign a declaration in front of the consular officer, stating that you are chosing to take your husbands name after this mariage, which also takes a couple of months. Then finally the passport application takes a couple of months to process (since all the processes take place in Poland). And I feel to overwhelmed to do that right now. And I don't think you need to change the name in your passport in order to receive a green card. My plan is if I travel outside the US to my country I will use my passport with maiden name in it, and entering back to the US I will use the green card, also I will carry the marriage certificate with me. That's my plan, I hope it's going to work.

quick question,

after i get married to my fiancee then we go file AOS for her will it take along time to get the green card? im just worried if it takes a long time for the AOS and her K1 visa expires will it cause problems for us?

It should usually take 3-7 months, altough you can not predict what the USCIS will do, how fast they will process you.

The expiration of the I-94 should not cause major problems as long as you are married within the 90 day timeframe. Then file for AOS as soon as possible.

You should take advantage of her K-1 status, because she will be able to get a drivers license with her valid I-94, you should apply for her SS number. And do not worry top much. Most of the people's (K-1) I-94 expires before they get their green cards. Simply the legal status after this expiration and filing for AOS is "AOS pending".

This post is from a couple of days ago, read it and see what you think...

http://www.visajourney.com/forums/index.php?showtopic=137533

Will the USCIS give you grief for the overstay? Maybe. Will they deport your wife and stepchildren? Probably not. Will they approve their AOS petition? Most likely. Nobody will be able to give you a more concrete "yes or no" answer.

You currently face two options; file AOS or not. Waiting because you are not 100% sure of the outcome will only increase the overstay. File the petition, don't leave the country, and retain a lawyer if things get messy.

Best of luck!

John

I agree, file now. You never know what USCIS will do, but there shouldn't be a problem as long as she doesn't leave the country. For example, someone enters on a tourist visa, overstays by a few years and marries a US citizen, they are eligible to adjust status. The problems with an overstay usually begin when you leave the country and try to re-enter.

I agree. I know people from my country (Poland) that came on a tourist visa and overstayed it 5 years. Got married to a US citizen and got approved for a Green Card. I am pretty sure you're ok. I would not hire an attorney, because you are going to spend a lot of money on that part, while you can absolutely file yourself. Read the guides on this website carefully and you will do it perfectly. You should make an appointment with a CIVIL SURGEON so your wife and children can get their AOS medicals done, and you're good to go. Come back to visa journey for help. I spend a lot of time on this website and I will help you if I know the answers to your questions.

Good luck, don't worry, you're going to be fine since the only thing you are obligated to do is get married within 90 days.

We went down to our local SS Office with all our paperwork filled out and our documents in hand. The man at the window immediately leaned back and called for his boss. They had some sort of discussion that I couldn't fully understand, but they seemed like they were indecisive, so I whipped out that notice that says K-1s can get SS cards, so long as it's within 15 days of the visa's expiration.

They read this, and it looked like they were going to begin processing our paperwork, but then the boss said, I see you got married a week ago. Yes, I said, that's correct. I can't issue you a card on the strength of this visa alone then. Why not? Because K-1 is Fiancee of USC. Now she is wife of USC. You'll have to get work authorization before I can process this case. You should have come here last week before you guys got married, then I could have done it.

Oh well, it isn't that big a deal to us, but it was a waste of a drive to Des Moines. So don't let this happen to you! I thought I was being wise, waiting until after the marriage so we wouldn't have to deal with a name change issue. I just guessed flat out wrong on that one!

I had a fight at the SS office with the s...d lady and her supervisor. Also they got half of their office involved and they figured I am not eligible at all for the number (10 days after arrival on a K 1). 6 weeks later I went back. Showed them the documents proving that I am eligible and filled out an application. That was 5 weeks ago. I haven't received the number or not even a denial letter. I WISH THERE WAS A WAY TO SUE THEM or somehow get them reported to a higher level so they would go and get freaggin' educated.

Hello everybody we just received the NOA for the AOS, i went to the uscis website to check online using the case numbers and i found this " This case is at our NATIONAL BENEFITS CENTER location " i have no clue of what does it mean.

anyone knows what is that NATIONAL BENEFITS CENTER and what it means if our case is in there ?

Check this link. Maybe it will help a little

http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1RCRD

When you file your AOS you can change your last name into your husband's so with filing your SSN so that you don't have to go back to SSN office many times. I guess you have to go to a loca SSN office near you or you can apply on-line for your SSN number.

Thanks!

But do I need to file for my SSN before I even start the AOS thing then???

I am all lost here it feels like..

You don't need the ss number to file AOS. The number will be usefull if you want to open a bank account or get a drivers license with a valid I-94. You can apply for the number later if you wish, when you get your EAD.