Sherry Nguyen

For lack of a better place, I am placing this topic in the General Immigration Forum:  The subject is Medicare for Legal Residents
 
Although the audience might be limited, I think this might be helpful to some others...at some point later.  I am 69 years old.  I receive Social Security Retirement Benefits, and I (as almost all retirees), receive Premium-Free Medicare Part A.  My lovely wife, who looks 25, will turn 65 years old in August.  As a result, it is time to set up her Medicare coverage (it's actually required to keep her Tricare coverage).  My research indicates that my wife will also qualify for Premium-Free Medicare Part A based on the following:
1.  She will be 65 years old soon (Medicare enrollment is open 3 months before until 3 months after her 65th birthday month).
2.  We have been married for 1 year or longer
3.  I, her spouse, am older than 62, and I already receive Social Security and Premium-Free Medicare Part A.
4.  She has been a legal resident for 5 years (next month).
 
She, like me and most other retirees, will have to pay for Medicare Part B.
 
This is pretty important (and a big, big relief to me) since people who do not qualify for Premium-Free Medicare can pay as much as $499.00 a month for Medicare Part A and an additional $170.00 a month for Medicare Part B.

My wife was visiting from Japan while we had a pending K1 Application. Covid hit, Japan locked down their borders even for citizens, all return flights were canceled and she was stranded here. We ended up getting married so she wouldn't overstay. Her interview in Tokyo was canceled,  She lost her job, and the apartment tied to it, fortunately her boss was pretty great and sent all her stuff to her parents house. We still haven't been back yet.
 
There are many plausible reasons, I'm sure we were not the only ones in the exact same situation. Our interviewer was very sympathetic to our situation and even said she was sorry that she had to go through so much and approved her in the office with a print out. 

Thank you so much @Misscloud @Rocio0010 @Family and @ghostinthemachine for your comments and advise. Got our I-130 approved today!!! 
 
 

I-130 approved while I-485 is pending
I-130 (E-filing; submitted online)
PD: 05/17/2022
Approved: 06/28/2022
42 days in total
 
 
I-485 (mail)
PD: 06/06/2022
Still pending, no biometric appointment yet.
FO: San Antonio, TX

No knowledgeable member here says that all cases of adjusting from a B2 is fraud.  However, anyone who enters the US as a visitor with the intent to adjust status is committing fraud.  

You should play mega million.

Thank you so much @Misscloud @Rocio0010 @Family and @ghostinthemachine for your comments and advise. Got our I-130 approved today!!! 
 
 

I-130 approved while I-485 is pending
I-130 (E-filing; submitted online)
PD: 05/17/2022
Approved: 06/28/2022
42 days in total
 
 
I-485 (mail)
PD: 06/06/2022
Still pending, no biometric appointment yet.
FO: San Antonio, TX

yes happened to me in february 2022. " someone pick it up"
its ok. i have no issue. they processed everything, 3 months later i got interview notice already 

That's weird that it is ready for pickup? everything I have always sent to lockboxes for immigration say delivered. then someone ( A courier service likely) picks them up from the big white bin they are thrown in at the post office every couple days and drives them to the processing center. I have never shipped UPS, but  I find it weird that it is waiting for pick-up. Hopefully it will switch to picked up when the courier picks everything up, or switch to delivered.

1. Prepare paper packet for a concurrent adjustment filing ( I-130/I-130 A/ I-485/I-765/I-131/I-864 and I-693 medical) 
2. Packet gets mailed together, who signs what is explained on forms ( USC spouse signs I-130/ I-864, alien applicant signs rest) 
3.USC spouse ( birth certificate or Naturalization) , alien spouse birth certificate, passport w most recent entry , marriage certificate ( prior divorces if any for both) , passport photos for both, some evidence of living together since marriage 
4. $1,760 filing fee
5. If you can manage the forms , have no criminal issues and will keep up your research on the process, you should be fine DIY 
6.No , he provides that account on paper forms and info will update to his account, but note I recommended paper filing 
7. USCIS website and Google ( LOL) 
8. Avoid stress and overthinking , you will get an RFE if you missed something and can easily deal with it
9. Keep a complete copy of your filing

Hi, 
Can someone check if I am missing anything here. I filed I-130 online. Fyi, I am current on my second OPT from my master's degree with F-1 visa which is expiring soon but I heard F-1 visa doesn't matter since my OPT is until December and I am planning to apply for the stem OPT.  Thank you!
 
 
1.      6 Passport style photos of beneficiary
2.      Form G-1450
3.      Coverletter
4.      Beneficiary’s Form I-485 followed by:
Receipt Notice for I-130 submission on online Copy of beneficiary’s current passport and expired passport used to enter the US The original birth certificate of the beneficiary in Korean with English translation (Korean, English translation, and certification of translation) Copy of beneficiary’s I-94 Arrival-Departure Record Copy of the visa page and entry stamp Copy of beneficiary’s I-20  Copy of beneficiary’s current EAD card Copy of marriage certificate 5.      Petitioner’s Form I-864 followed by:
Copy of petitioner’s birth certificate Copy of petitioner’s most recent (2021) tax returns and W2s Copy of petitioner's credit score Copy of petitioner’s paystubs / non-taxable income VA benefits Copy of petitioner’s offer letter for new employment 6.      Beneficiary’s Form I-765 followed by:
Copy of beneficiary’s I-94 Arrival-Departure Record Copy of beneficiary’s current EAD card Copy of beneficiary’s previous EAD card 7.      Beneficiary’s Form I-131
Copy of beneficiary’s passport  Copy of beneficiary’s I-94 Arrival-Departure Record Copy of i-20 Copy of visa page Copy of EAD card 8.      Beneficiary’s Form I-693

Hi,
We filed I-130 online and saw a document "Receipt Notice" posted on the account, but the document does not say anything like 797 anywhere. I was going to submit the copy of receipt with i-485 packet to be considered as concurrent filing. The case is now "actively reviewing" status. Should we wait for 797 posted or mailed to us and put it together with 485 or can we just use the receipt number on what's available and put the copy of the document? 
 
Thank you in advance!  

***Moved to General Immigration Related-Related Discussion Forum****
 
By law, A tourist visa is for.......tourism.  

His tax returns are NOT used to determine his ability to support a new immigrant.  His monthly LES statement should be used to show current monthly/annual income.  His current annual income will be the total monthly income indicated on his LES  multiplied by 12.  That includes taxable and non-taxable income.

Just question for anyone who got expedited on i-130, what is the process like?
 
I called military hotline to explain the situation, I said my wife was on my order(married on oversea tour), and won't be able to come without a proper VISA, and I also mentioned that I am highly possible deployment coming up next year ( just stating the fact that my deployment windows will be open ...) and the person on the phone actually just accepted my request, and then provided me an request for expedite confirmation number or something, and told me just to wait about a week to see if it gets approved or need additional paperwork via email.
 
I am active duty member, I am not tasking to deploy as of right now, am I just lucky this person over the phone just requested it for me ( read some post that some agent over the phone won't even accept request if not deploying) ? 
 
Did anyone get lucky too that one phone called expedited the petition without any documents?  Just curious how this whole thing works.

Yes, thanks a ton. We just finished the interview and were approved right away. Thanks to all in the group. Had to follow up repeatedly though.

1. You can file w his current income but YES you will need to prepare a Joint Sponsor either for an RFE or at the interview date , as they often do catch an imminent discharge date ….but it also happens that if it passes initial filing review and they never go back to check at interview stage…so file as is and stay prepared.
 
2. He can use the same account to file the I-130, and I am not sure it system will even let him set up a second account ( please try it and post results, am curious) . You should also set up your own account . 
 
3.  You can file without I-693 and wait for notice of deficiency, no impact on overall process

That's a great question. My understanding is that they go by current income, so he should not need a joint sponsor. However, he might need one for the interview, in case a) he doesn't get a job before your interview, or b) his employment is very recent and does not have enough paystubs to provide them with. 
 
No. Your application= your number.
 
You can, but I wouldn't. In my case, I sent the I-693 with my initial application, and I was approved without interview. I personally like to get things done, so I just sent all my documentation altogether for peace of mind.

1. you probably will. not sure, let see what other say. if i remember to count current annual income = XXX amount of money per week X 52 weeks. so if he only work untl november 2022, u have to count until that month
2. i-130 he can use his, i-485, i-131, i-756 it will be under your name, so you will get different number
3. yes u can file without i-693. but in my experience in february 2022, i filed it together. the more i can submit to them the less chance i got RFE. to each their own. 

3. i prefer send everything by mail. 
 

Is your I-20 still valid? Or are you out of status?
I am asking because if you want to wait, then it is better if you are in status.
I honestly think your document list looks extensive. What you could do (if you're really worried about the recently- dated docs) is writing a simple letter on behalf of you and your husband, explaining why they are so recent (don't get into too much detail) sign it and that's it. Good luck! Also don't forget to make a copy of the whole package before you send it.

More than enough. We had a similar list of things, albeit without anything bank/credit card related items as I couldn't open an account without a social at the time. We filed roughly 6 weeks after we got married & had no issues, no RFEs, no interview either lol
 
Just had a quick look at our documents and these are some things we have included on top of what you already listed to balance out the lack of financial/tax evidence 😅:
- birthday/holiday cards between the two of us
- birthday/holiday cards between addressed to us both
- gifts we have given each other with receipts/dates
- screenshots of conversations throughout our dating/relationship up until submission
- skype records for the duration of our relationship
- screenshots of messages between either of us and our parents, siblings (with relevance to our relationship)
- copies of any engagement/wedding related expenses (we eloped and haven't had an actual wedding yet so we included receipts for my engagement ring, our wedding bands, my evening dress for the civil wedding)
 
We also travelled a lot so we had a timeline of all the dates and different places on top of the "travel" section that holds all boarding passes, hotel bookings, restaurant reservations and whatnot.
 
For the I-864 we also included a copy of latest orders and a statement of service just to make it abundantly clear that the sponsor is mil-affiliated.

Cover letter.
I-797C Form. Notice of action for bio-metrics reuse.
I-797C Form. Notice of action for acceptance of the N-400 application.
I-797C Form. Notice of action for the N-400 interview on ********
Form I-551, immigration card, both sides.
Form G-1450, Credit card authorization.
****************************************
Form N-400 completed application, plus two additional pages.
Spouses certificate of Naturalization.
Marriage Certificate.
Passports, (bio-metric page & page with stamp).
Passport old, (bio-metric page, visa page, and pages with stamp only).
Driver license new and the old
Birth certificate.
Spouses divorce certificate Absolute v/s ***************
*****************************************************************************
Spouses passport(bio metric page)
Spouses new and the old driver license.
IRS transcripts of joint tax returns for the years 2018, 2019, and 2020
Beneficiaries records from ********** Investments
Brokerage joint account from **********Brokerage Services.
Auto insurance ID cards from 2018 to 2022
Apartment leases from 2019 to 2022
Renters insurance.
Investments credit letter
Investments credit card random statements, from 2019 to present.
Bank, joint Growth account random statements, from 2018 to present.
Bank, joint Spend account random statements, from 2018 to present.
Bank, joint Credit Card, account statements, from 2019 to present.
Utilities random statements. From 2019 to present.
Pictures. *
Airline vacation tickets. *
Birthday/anniversary cards *
 
* Not uploaded
 

I submitted my I-130 and I-130A online on 09/24/2021, got the PDF receipt the next day and attached it with my i-485 package.
I scanned and uploaded all the evidences I had at that time, and added some more later on as the system allows us to do that. 
IMO, filing online can be more convenient in term of filing as it fast and easy, just answer all the questions. but for the processing time, I'm not sure.
I got my i-130 approval today but still waiting until forever for i-485 as my field office Houston is super slow.

Could you guys please help me to check the list of bonafide evidence we plan to submit ? We got married for almost almost a year (in July 2021) but we just started to put things together since January 2022. So most of the documents were dated within the past 3-4 months, including insurance, POA, wills. I plan to file my AOS packet soon and wonder if the “recently-dated” docs will not attest to our bonafide marriage ? My husband and I just have personal things on-going from last year. So our wills, Power of attorney, lease, and insurance mostly dated back to Feb and March 2022. I was really stressed and wonder if I should wait for more, given that such evidence may not cover the whole relationship ? Should we have a personal statement to explain why documents were dated 4-5 months late after our marriage ? Would you recommend filing documents by entirely mail (AOS + I-130) or half online (I-130) and half (AOS) via mail ? Is the mail method better because it does not separate documents like I-130 from other AOS packets ?  
Thanks a lot ❤️
I-130 PETITION FOR ALIEN RELATIVE SPOUSE OF US CITIZEN
INSURANCE, POWER OF ATTORNEY AND WILLS
DEERs (Defense Enrollment Eligibility Reporting System) enrollment with both of YYYYY and XXXXX names.
TRICARE enrollment showing YYYYY and XXXXX both covered under the same insurance plan for servicemember and family at the joint residence
YYYYY’s Servicemembers’ Group Life Insurance (SGLI) designating XXXXX as the spouse and primary beneficiary.
Foreign Visitor Sponsorship Memorandum listing request for a temporary access pass to Fort Hood installation for XXXXX as a foreign family member (Spouse) of SPC YYYYY
YYYYY ’s military power of attorney listing XXXXX, spouse, as the individual (the agent) to handle financial or legal matters in their stead.
Military Last Will & Testaments of YYYYY listing XXXXX, spouse as the primary beneficiary of estate and personal representative.
Signed titles and Texas Rights of Survivorship and Joint Ownership Agreement between YYYYY and XXXXX for BMW & SONATA.
DD-93 Emergency contact listing XXXXX as YYYYY’s spouse emergency contact at the joint residence (updated on 03/29/2022)
YYYYY’s Texas advance directive designating XXXXX as the person who plans and makes YYYYY's own end-of-life wishes known in the event that YYYYY is unable to communicate.
XXXXX’s student missing contact listing YYYYY as primary person of contact in case of emergency
XXXXX’s authorization statement designating YYYYY as the Personal Representative Appointment in matters of health insurance with UnitedHealthcare StudentResources
XXXXX’s last testament and will showing that YYYYY, spouse, YYYYY, is entitled to 100% of XXXXX's Residual Estate and that he is the personal representative of her estate.
RELATIONSHIP TIMELINE
Cover letter written by YYYYY, petitioner
Relationship timeline with pictures written by XXXXX, spouse beneficiary
Pregnancy testing appointment showing both of our names as attendees
JOINT RESIDENCE
BBBBB Apartment Housing Lease listing both XXXXX and YYYYY as tenants in BBBBB Apartment. The term of rental agreement will begin at 2:00 p.m. on August 5, 2022.
AAAAA Apartment Housing Lease listing both XXXXX and YYYYY as tenants in AAAAA Apartment. The term of the rental agreement will begin on November 16, 2021.
MMMMM Insurance Company renters policy listing both XXXXX and YYYYY as insured in AAAAA Apartment.
Spectrum account showing XXXXX as the authorized user in AAAAA Apartment.
Amazon Household account and email invitations listing XXXXX and YYYYY as users to share digital content for free and enjoy Prime member benefits
COMBINED FINANCE
IRS tax return 2021 married filing jointly  
Loan statements from Paypal showing XXXXX as responsible for paying loan in our joint residence at AAAAA Apartment
YYYYY’s Thrift Saving Plan (TSP) designation letter listing XXXXX as beneficiary of the account. TSP is a defined-contribution retirement plan for federal employees and uniformed service members and ffers similar tax benefits to 401(k) plans. 
AT&T Phone bills showing XXXXX and YYYYY’s shared phone line
Monthly bank statements of XXXXX and YYYYY’s joint checking account with PNC since 12/2021 
Navy Federal bank’s Payable on Death (POD) designating XXXXX as beneficiary on YYYYY checking account on 03/18/2022. This was later canceled because XXXXX has become the joint owner of YYYYY’s checking account. 
Monthly bank statements of XXXXX and YYYYY’s joint checking account with Navy Federal since 04/2022 and statements indicating that XXXXX is the joint owner on YYYYY’s Navy Federal checking account.
XXXXX’s National Military Family Association's scholarship indicating  YYYYY as active-duty spouse and scholarship check can be sent to the joint residence.
JOINT ACTIVITIES
Commitment to relocate to Tuscaloosa, Alabama
Email from Ms. JJJJJ, YYYYY’s Transition Assistance Program (TAP) Counselor discussing YYYYY's intention to relocate to AL (page 1-2).
Email from YYYYY inquiring Veteran Affairs (VA) Office about college application and GI-Bills for enrollment The University of Alabama (UA) at Tuscaloosa (page 3-5).
XXXXX’s email to Ms. CCCCC, the UA admission counselor discussing YYYYY’s college application and transcript eligibility (page 6-7).
YYYYY’s email to Ms. HHHHH, high-school counselor requesting her transcript submission to apply UA, where XXXXX, spouse studies (page 😎
YYYYY’s Application For Education Benefits at VA.gov indicating The University of Alabama as the school from which GI-Bills will be used, and submission receipt (page 9-19).
Commitment to visit each other monthly and travels
Plane tickets
Airbnb booking
Commitment to make our relationship known to close individuals
YYYYY’s instagram showing many pictures YYYYY took with XXXXX throughout the relationship (page 1-2)
YYYYY’s personal Facebook showing many pictures YYYYY took with XXXXX throughout the relationship (page 3-7)
XXXXX introduced YYYYY as her husband on Zoom meeting with research professors (page 😎
XXXXX’s instagram showing many pictures XXXXX took with YYYYY throughout the relationship (page 9-11) 
Sworn affidavit of support from mothers and friend
Notarized affidavit of support written by TTTTTT, YYYYY’s mother
Affidavit of support written by CCCCC, friend to both YYYYY and XXXXX.

Just a rant haha.
 
I am revising most of my forms for sending AOS and petition package. My army husband is the petitioner. And yes I am international student, like many of you here. I am also doing a PhD and is about to be in my 3rd year soon. For some reason, the past one year was exhausting for me given that I have to juggle the responsibilities of family life and full-time PhD students (research, publication, grant). I thought I almost reached the point of going crazy. I suffered from depression and decided to reach out for help. Since then,  I have frequently met with my therapists to track my progress in hope of moving forwards I guess. 
 
Some days, I just cried a lot and some other days, I just slept a lot. There were days I felt so guilty of making my depression known to husband and mom. I questioned whether I should “make my sufferings known” because I am not alone in this immigration journey. It’s very clear that other international students and foreign military spouses are going through the same AOS process and their will soon be filled with uncertainties. I wonder if I can voice my concern, having known that I am not even at my worst. My experience is nothing unique at all, so why should mom and hubby even care about ?— that’s what I had thought.
 
Also, I have aggravated my situation by getting myself into a sort of unnecessary internal conflict. On one side, I admired other PhD graduates who have successfully self-petitioned themselves through either NIW or EB1/2. I thought isn’t that fantastic because you earn your gc through your talents and academic contributions to the States. One the other side, I must admit the spousal route to green card or family based marriage green card is almost (not to say ) the fastest way to obtain the green card, on the basis that our relationship is bonafide. These two ideas are not mutually exclusive; however, I just have so many personal experiences encountering people who either got married to USC/LPR for immigration benefits or who engaged/supported sham marriage. Sadly, from my own personal experiences this group of people consist of of predominantly women. Although my husband, family, and I know my intent to file for gc is rooted in good-faith marriage intent , which is differently from those women. I do have evidence attesting to my bonafide marriage. Still, I kept getting worried about how others may view our marriage as green-card transaction that is void of love and goodwill. Indeed, I sometimes heard my acquaintances making jokes about “getting married for a green card.” It makes me feel uncomfortable and mentally disturbing as I thought of love highly than just means of harvesting immigration or material benefits. I hate when my family acquaintances looked down on women who got married to USC/LPR and thought that they “were dependent” on us spouse for only immigration benefits. They have never tried to think outside of the box or tried to probe into those women’s stories to fully understand there are more  to discuss about a marriage rather than just green card.
 
 
Overall, I decided to talk to my husband about all the rants content I wrote here. Thankfully, I have a super supportive and understanding husband who always stay beside me. Also thanks to the fact that my professors are understanding of my situation and allow me to do most of the research and academic stuffs remotely. Still, the intense back n forth travel between my husband’s state and my state was horrible, although I was so happy to meet my husband. Long story short, I guess I have been patient enough to wait until summer and file AOS. It’s just a crazy semester and I could not find a better time (other than summer) to file AOS.
 
Btw, if any of you are in Ft Hood, Texas let’s meet up and have a chat if you guys feel comfortable!! I am stuck at home nowadays haha.