Familiar

On 6/2/2022 at 10:05 PM, Cocos123 said:

Congrats!!! What visa did you have before applying for AOS? Thanks.

He came on a B2 visitor and we did AOS after weighing options, looking at initial wait times being reported at the end of 2021 between fiance and spouse, and concerns with global events at the time. I had evidence between his initial return flight purchase, reschedules of his flight by extending the visit for holidays, and screenshots of our online conversations that there wasn't intent for him to stay originally but we couldn't bear the thought of him returning. The agent was accepting of our verbal explanation when the question came up in the interview and didn't have to present the physical evidence.

On 6/13/2022 at 3:08 PM, LJVotolato said:

Hi, when did you submit? Also, did you get an RFE?

Our application was received December 22, 2021. 

We did get RFE once for getting his long birth certificate and correcting my financial affidavit form (I missed 3 tiny boxes) which I submitted at same time. Within two days EAD was approved and less than two months for interview to be scheduled. 

Hello everyone - sorry for the delayed updates there's been a lot happening personally.

Good news for us, I-485 was approved following interview on 5/11. We received confirmation notice on 5/13.

Card was mailed out and we received 5/20.

AP was never approved as a combo card with EAD in our experience, but again the green card got approved just 2 months after EAD so that may be why. 

On 4/12/2022 at 5:32 PM, Familiar said:

3/25 - EAD received in mail.

4/12 - Received notice in mail that interview is scheduled for 5/11. 

 

It's happening! Good thing I started putting that binder together for interview. 

We completed the interview yesterday (5/11) and by the sounds of it everything sounded good. The officer said it could take up to 4 to 6 weeks before we see a determination made as we had to provide additional documentation for them to upload which included:

- sealed medical exam documentation (I-693)

- proof of living together (amended lease documentation + renters insurance which weren't available in time for mailing deadline in December)

- additional financial documentation (adding him to the bank accounts and his mailed receipt for debit card which strengthens the proof of residence)

I got an email about action taken on case this morning but website hasn't updated yet regarding the interview outcome. We were given a letter of what was discussed in person. I am hopeful since they also discussed the timeline of updating from conditional to permanent status in 2 years, expectations contingent on administration (POTUS) policy, as well as when he can apply for citizenship that it means we're good to go. Fingers crossed he gets approved quickly so we can move forward on future plans together. 

On 3/19/2022 at 3:32 PM, Familiar said:

1/4/2022 - RFE notice for long birth certificate for 485 and need to resubmit fully completed 864 form with recent tax information (missed some tiny income boxes needing to be filled out).

1/29/2022 - Biometrics appointment scheduled.

2/23/2022 - Biometric appointment completed.

3/16/2022 - got long birth certificate order in mail, finally able to submit the RFE information requested by USCIS correspondence via online. Received immediate notice from USCIS processing case again.

3/17/2022 - I-693 deficiency notification sent as courtesy letter.

3/18/2022 - EAD approved, pending card to be sent. 

 

Seeing how quickly some people have had a fast turn around time with responses for interviews being scheduled, and it looks like the 693 exam is now valid for 2 years with a recent 12/9/2021 policy change of no longer needing to sign 60 days before application submission (or interview I was originally told), we'll work on getting the exam completed ASAP to avoid any further roadblocks on processing request. 

3/25 - EAD received in mail.

4/12 - Received notice in mail that interview is scheduled for 5/11. 

It's happening! Good thing I started putting that binder together for interview. 

On 4/10/2022 at 10:56 AM, anitka said:

Hey, I received my SSN 5 days after i got my EAD in the mail. 

I think you are safe now to contact them :

 

 

We will mail your SSN card to the address you listed on your I-765 application. You should receive your SSN card no later than 7 business days after you receive your EAD from USCIS. Please call or visit an SSA office if you do not receive your SSN card within 7 business days after receiving your EAD.

 

 

That's from uscis website. I hope it helps. I would give them a call straight away tomorrow Good luck ! 

Thank you! My local SSA doesn't require appointments when I spoke to them, we'll just have to find day I'm off work to go in next week to see if he's been granted a SSN and get his card then.

On 3/19/2022 at 3:32 PM, Familiar said:

1/4/2022 - RFE notice for long birth certificate for 485 and need to resubmit fully completed 864 form with recent tax information (missed some tiny income boxes needing to be filled out).

1/29/2022 - Biometrics appointment scheduled.

2/23/2022 - Biometric appointment completed.

3/16/2022 - got long birth certificate order in mail, finally able to submit the RFE information requested by USCIS correspondence via online. Received immediate notice from USCIS processing case again.

3/17/2022 - I-693 deficiency notification sent as courtesy letter.

3/18/2022 - EAD approved, pending card to be sent. 

 

Seeing how quickly some people have had a fast turn around time with responses for interviews being scheduled, and it looks like the 693 exam is now valid for 2 years with a recent 12/9/2021 policy change of no longer needing to sign 60 days before application submission (or interview I was originally told), we'll work on getting the exam completed ASAP to avoid any further roadblocks on processing request. 

EAD card was received a week later in the mail on 3/25 - everything else remains pending at this time. We went ahead and got the 693 exam started (waiting for follow up on bloodwork) to have ready for interview when it does get scheduled. 

Anyone have an idea or feedback on timeline for SSN card to be received if you requested one with your 765 application for EAD?

It's been two weeks since EAD arrived and haven't seen anything in mail so wasn't sure when I need to start inquiring with SSA for follow up. 

15 minutes ago, Wuozopo said:

For the $1400, the spouse needs a SSN issued before April 18.  OR before Oct 15 if you file for the extension. An extension will buy you more time to get the SSN.  Read about the extension here. There’s a link to te form or other ways mentioned.

https://www.irs.gov/forms-pubs/extension-of-time-to-file-your-tax-return

 

An ITIN does not allow the $1400.

Would it just be me that files the individual extension since he's still not a US citizen? Or is there a special form that won't harm us filing a joint return at a later time?

I wanted to check in and see if anyone is going through a similar experience or suggestions on how to proceed to increase chances for $1400 stimulus, or if we don't qualify. 

Husband originally came to states on 7/11/2021 as a visitor. Married and submitted paperwork end of 2021 for AOS in light of circumstances and deciding for him to stay here. 

We just got approval for EAD (3/18) which means there will be a SSN to follow (requested at same time of 765 application) within the coming weeks. 

We were looking in to filing our tax return with the statement of electing to be treated as US residents for tax purposes since husband wasn't in the country long enough physically to qualify as a resident. We have an appointment on 3/24 with local TAC to submit everything with W7 for ITIN since original timelines suspected a 6+ month process for EAD/SSN. It's unclear if we will get the SSN in time before 4/18 to mail off the tax return otherwise to qualify for the credit, as what I've been reading suggests so long as there's a valid SSN submitted before tax return deadline. 

Now I'm wonder if we should we file for an extension to submit return or is the deadline set on 4/18? It'll be a paper return due to the need for the declaration for joint filing status. The more I've read it seems a SSN is absolutely needed by the spouse and the additional credit cannot be approved on ITIN or pending ITIN application alone. 

On 12/30/2021 at 9:20 AM, Familiar said:

Adjustment of Status
Married to US citizen
Canadian visitor

 

Sent to Chicago Lockbox

Forms: I-30, I-485, I-864, I-131, I-765

 

Sent via Fedex: 12/21/2021

Received: 12/22/2021
eNotification: 12/26/2021

Checks deposited: 12/27/2021

Waiting on paper receipt in mail. Fingers crossed that it'll be a faster processing time for 2022 for all of us. 

And thank you to everyone who helped answer my questions on this site while we explored options and up to submitting the documentation. 

1/4/2022 - RFE notice for long birth certificate for 485 and need to resubmit fully completed 864 form with recent tax information (missed some tiny income boxes needing to be filled out).

1/29/2022 - Biometrics appointment scheduled.

2/23/2022 - Biometric appointment completed.

3/16/2022 - got long birth certificate order in mail, finally able to submit the RFE information requested by USCIS correspondence via online. Received immediate notice from USCIS processing case again.

3/17/2022 - I-693 deficiency notification sent as courtesy letter.

3/18/2022 - EAD approved, pending card to be sent. 

Seeing how quickly some people have had a fast turn around time with responses for interviews being scheduled, and it looks like the 693 exam is now valid for 2 years with a recent 12/9/2021 policy change of no longer needing to sign 60 days before application submission (or interview I was originally told), we'll work on getting the exam completed ASAP to avoid any further roadblocks on processing request. 

I too am navigating the taxes with my spouse in similar circumstances so I appreciate people answering the OP's questions. 

I did want to ask - does anyone have a template or guideline for the declaration/statement of electing for the non US citizen to be treated as a resident alien? 

Hello everyone,

Got a dreaded RFE for our application for AOS. It's focusing on two things. First is a long birth certificate which we are working to get ordered and back within the time given so no questions about that.

The other is in regards to the 864. Got the generic response about not being completed and requesting to resubmit filled out with the signature, SSN, and attachment of tax return and W2 information for most recent tax year. I looked over the form and identified that I missed the 24a-c boxes with my last 3 years of total income from tax returns to submit and likely what got flagged as incomplete. With that said, I can fill in that information again and resubmit it once I have the birth certificate as it's recommended to submit the missing information at the same time.
My question is, I sent the original application with tax transcripts from the last 3 years of 2018-2020 but the RFE focuses on the tax return and W2 - should I just resubmit with the 2020 tax transcript only or the other documents specified in the letter? 
My other question, I was one paystub short for the year with my application submitted for my total income for 2021 and, since I'm redoing it anyway, am I allowed to update that information as well or would it harm me if I submitted the additional information of the last paystub even though not requested?

Thanks in advance. 

Adjustment of Status
Married to US citizen
Canadian visitor

Sent to Chicago Lockbox

Forms: I-30, I-485, I-864, I-131, I-765

Sent via Fedex: 12/21/2021

Received: 12/22/2021
eNotification: 12/26/2021

Checks deposited: 12/27/2021

Waiting on paper receipt in mail. Fingers crossed that it'll be a faster processing time for 2022 for all of us. 

And thank you to everyone who helped answer my questions on this site while we explored options and up to submitting the documentation. 

Thank you both for the feedback regarding the sworn affidavits. They were being considered to be included in event I don't have the strong financial records ready for the deadline I've set.

I'm waiting on my apartment management to get him formally added on the lease, as proof of local residency is prohibiting us from having a joint account with my current bank for co-mingling of finances to provide with initial submission and my established credit cards require a SSN from him alternatively. I intend to update my benefits enrollment with employer the next week to get him added as my beneficiary on life insurance, 401k, and covered under my health insurance and print those changes off to include with the application. I do plan to keep having more evidence put together when the eventual interview occurs, it's just the time constraints and worry about him falling in to unlawful presence period that might hurt us long run in the process as well.

I will check the website again to see if they have any information with his passport ID on I-94, but will likely submit a letter with copies of his airline stubs showing proof of entry in lieu of the I-94 and hope that is sufficient for the agent.

Hello all,

Official wedding date is planned for 12/11/2021 with the fiance who initially entered the US from Canada (Calgary Airport to DFW) on 7/11/2021 as a visitor to test the waters after what's been a 3 year online LDR previously. 

In the meantime we are preparing his AOS paperwork to try to submit and be filed before his visitation period allowed under his passport ends, and he becomes unlawfully present after 1/7/2022. My target mail date is 12/27/2021 in hopes of having enough strong supporting evidence of marriage (bills, bank statements, updated lease, etc) to provide up front to minimize the dreaded RFE kickbacks and delays. There are some questions I have for some parts of certain forms and how to best answer, or what can be provided alternatively, as we navigate this process. 

No I-94 was issued to him at time of entry or visa given as Canadian visitor. I've tried to check the website with his passport number and confirmed nothing in the system at this time. He traveled from Calgary to DFW airport and his passport was not stamped at either airport. Should we attach copies of his flight ticket stubs and receipt for the flight for proof of entry for supporting evidence with these forms? And how do we go about answering some of these parts regarding the I-94 in the forms?

I-485

Part 1

25.a - do we write "Canadian visitor, waived through" for arrival?

26.c. Status on Form I-94

27. Current Immigration Status

I-130

Part 4

46.a (Class of Admission) - It's a drop down menu to choose from, and I'm guessing the answer impacts what to put in the 485 and 765. Researching shows either B2 (temporary visitors for pleasure) or WT (visa waiver program - temp visitors for pleasure) for choices; and I'm wondering since he received no stamp or I-94 it's likely the WT?

46.d Date authorized stay expires - should this be the 01/07/2022 for the 180 days known to be allowed for his passport, D/S, or blank?

I-765/EAD

23. Place of Last Arrival - likely the DFW airport?

24. Immigration Status at Last Arrival - likely the same for 485 and 130?

25. Current Immigration Status or Category - same as 485?

Supporting Evidence/Photos

Is it better to have photos of us together in a timeline on copy paper with text descriptions underneath with dates taken, or should the photos be on individual photo paper with details written on the back?

Sworn Affidavits

Is there a minimum number recommended from family/friends?

I was planning to have statements from my grandmother and sister who will both be present for the ceremony next weekend.

Does anyone have examples that I can use to help draft with my family in terms of format or recommended length (1-2 pages), etc?

I appreciate the feedback and guidance from the community, as I just want to be secure in knowing I did this correctly to minimize the stress and worrying to enjoy next weekend. 

Thank you everyone for the feedback and revelations. I knew it was going to be a long process to try to do it with him getting approval if he were to reside in Canada to then move down with a visa, as this visit was initially to test the waters regarding physical chemistry and compatibility... We talked it over last night to weigh options - he will have to make sure that friends and family will be supportive of him remaining in the states (as they are storing his belongings) pending his status adjustment - but we're both willing to marry and put in the work now versus going back to long distance for an undetermined amount of time. 

This has been our first meet-up since the relationship began 3 years ago. Originally it was going to be a two to three month visit but we've extended it given COVID restrictions at his home in Canada has made it difficult for him to find work anyway, and he's been extremely helpful with work around my grandmother's house in the meantime. It was never our intent for him to remain this long, or even think about indefinitely, as we've agreed to move forward on getting married - but if the adjustment period is something to explore I can talk it further with him. 

I apologize, I guess I'm having trouble understanding the questions. Is the K1 visa not necessary then for Canadian beneficiaries since they can come to the states on visitor status with the passport, and we just file for the adjustment period to grant the permanent residency once married? 

7 minutes ago, Crazy Cat said:

Where is the beneficiary right now?

He's still in the states with me. He came to visit under his passport only and has been here since July 11th, from my understanding he's allowed to stay for up to 180 days with the passport only. 

33 minutes ago, Boiler said:

Any reason you do not just adjust in country.

I don't understand this statement - can you clarify further?

Hello everyone.

Texas petitioner with a Canadian beneficiary. I have been together with my boyfriend for 3 years now and he's agreed to come live in the States so that I can remain close to care for my aging grandmother. We were originally looking in to K1 visa application process versus the CR1 spouse visa and I had some questions before we submit and begin the extensive waiting period. 

Adjustment period and U.S. eligibility. I saw there were delays now going on 6+ months in another recent forum post that would prohibit being able to work upon entry with K1 and the visa also causing issues with getting a local drivers license, approval for leases, bank accounts, etc. Would this prevent him from applying to any trade schools to earn his certification for specialty work such as welding or electrical? His background is labor and working in warehouses with no formal license so looking at an employment sponsored visa wasn't an option for us, same for financial restrictions on a student visa for university. Our hope with him coming to the states was having more work opportunities under my sponsorship once granted permanent residency. He's been visiting and staying with me for a few months on his passport alone before we took the next step in our relationship, so I've been supporting the two of us already during this trial period and am confident I can do so again once he moves down here until he can work, but I'd like to know if he can do school in this period of waiting. 

Unknown parent information. He grew up without knowing his biological father or having him in his life, and that information is not on his birth certificate. His mother is withholding that information from him still at this time. Are we able to leave that information blank on application or write "not known" without penalty? 

I appreciate the help and feedback while we navigate this. I ultimately just want to get him here as quickly as possible so we can get "unstuck" with our lives that that the pandemic has caused. Our intent was to get married once he's moved down here but if there's no major difference in time waiting, or the cost of the application, between the two visas I'd like to see which has the better benefit for us with our long term goals. The main reason the both of us haven't got married before now for consideration of the CR1 visa is the apprehension our family has toward our unconventional relationship having been mostly online, and preferring for him to be a resident here with me before we take on the next steps that come with marriage (joint bank accounts, adding on to insurance, beneficiary of estate, name change, etc). Thanks again!