lovinglive

5 hours ago, Jorgedig said:

Not per se, but if you meet the income requirements to receive Medicare for a household member, your annual income may not be enough to sponsor an immigrant.

Hi, thanks for your response.  For the AOS, I sent three years of tax info, and I did have a job earlier this year.  I also used the assets evidence and also had a co-sponsor who has more than enough income. 

Whereas the Medicaid application seems to focus on your current income only.

But welcome any thoughts you may have.

Hello all, 

My wife and I have one child and were asked if we want to apply for medicaid for our child's benefit, since I am not currently working.  This would be for our child, not for my wife, who applied for AOS based on my petition as an immediate relative.

However, on the I-485 AOS form, it asks "#62- Are you likely to receive public assistance in the future in the United States from any source, including the US government or any state, county, city or municipality?"

We answered no to this question.  Despite this being for our child, I am concerned that this could somehow impact my wife's AOS application - perhaps USCIS would perceive that this was in fact partly my wife receiving public assistance.  

Does anyone have any input on whether applying for Medicaid for our child would in fact risk my wife's AOS application?  Or it's no problem? 

So we submitted an e-request to USCIS using the link that Beloved Dingo posted above.  We got the following response:

"USCIS created a Employment Authorization Document (EAD) for you and mailed it to the address we had on file at that time, but the post office returned it to us. Recently, you called to tell us that you did not receive it.  As a courtesy, we have requested that your EAD be mailed again to the address we have on file for you.

Please note that USCIS uses the US Postal Services Signature Confirmation Restricted Delivery."

This is still unclear for us, as it says "we have requested that your EAD be mailed again", but who did they request to?  And have they sent it yet or is it still in process?  We have sent them a message in My USCIS to ask whether they have sent it yet.

Interesting also that they say that the use Signature Confirmation Restricted Delivery.  When I called USPS about the first delivery, they said that USCIS had not placed it under signature confirmation, so ??  🤷‍♂️

Does anyone know or have any comments on whether USCIS re-sends the EAD immediately in this type of case?

And also why there is an apparent question on the use of Signature Confirmation?

Thank you for any thoughts or comments on this!

On 9/4/2022 at 12:41 PM, ЮлияAndMalachi said:

Hello,

 

I was able to get my wife a tourist visa shortly after the war started in Ukraine ( she's Ukrainian) and when we entered the Port of Entry the officer said we had 6 months to figure out her paperwork to adjust her status.  Well I spoke with a lawyer who will proofread all our documents but I haven't been able to pay yet and start the process so she can have work permission and travel authorization. 

 

My question is, we have been taking trips flying within usa during this time and she uses passport as I.D. , can she still travel within USA on an expired Visa? Does Tsa look into that and call immigrations or can we still fly before we submit paperwork to adjust status??

 

I asked the same question to this forum, I think it was back in June.  And there were a lot of responses.  From what I could assess, it sounds like there is definitely a risk with any travel, especially air travel.  There were even cases of people being accosted on Greyhound.

If the only thing stopping you is the filing fee, what about a personal loan?  It seems most banks have personal loans available.

On 9/2/2022 at 3:34 PM, beloved_dingo said:

Supposedly, back in 2018, USCIS was going to start sending things like the EAD with "Signature Confirmation Restricted Delivery Service" but I have not seen evidence that this is actually happening. My husband's combo card (EAD + AP) and his green card were sent Priority Mail with a tracking number, and did not require a signature. 

 

The signature aspect doesn't really matter though, the fact is the EAD went to the old address because you did not update it with USCIS. You need to report the delivery issue to USCIS (with the link I gave before) and also update your address with them. 

 

It wouldn't hurt to try calling USCIS as well. (Try saying "infopass" to get an actual person who can help you)

 

More info: https://www.uscis.gov/forms/filing-guidance/how-to-track-delivery-of-your-green-card-employment-authorization-document-ead-and-travel-document 

Thanks very much, that's very helpful. You're referring actually to the notice I was reading from 2018 where USCIS announced that they are going to send with "Signature Confirmation Restricted Delivery" service.

So it's good to know that it looks like a signature is not required.  How do you know that mail forwarding is a problem for these cards?

I received a reply back from USPS, from their investigation into the case and they said that "The USPS will forward mail as long as the sender does not place a non-forwarding endorsement on the mailpiece."  Which seems to be another way of saying that the sender placed a non-forwarding endorsement on this piece of mail, which is why it was not forwarded and returned to the sender. 

Regarding updating our address with USCIS, in this case we had temporary forwarding on our mail, so I'm still not sure if we should inform USCIS of the change of address?  The temporary forwarding ends today.

The issue in our case is that I was living overseas before we submitted our AOS/EAD/AP application, and I used my mailing address on the forms, in addition to a "physical address" as requested on the forms.  Until we really settle down in one place it may make less sense to inform them again of our "physical address".  Since it would lead to multiple changes of address.  I have heard that changes of address are problematic and lead to delays.

Thanks also for the tip on getting through the USCIS automated phone system!

On 9/2/2022 at 3:51 PM, Jorgedig said:

In my experience, there is no signature confirmation with anything sent by USCIS.

Thanks for sharing this experience as well!

42 minutes ago, beloved_dingo said:

You are correct that the issue was mail-forwarding. Things like green cards, work permits, etc. do not get forwarded even if you have set up mail forwarding. Did you not update USCIS with your new address? They are notoriously terrible at processing address changes, but you are supposed to keep them updated on current addresses. 

 

I believe you can use this link to report non-delivery: https://egov.uscis.gov/e-request/displayNDCForm.do?sroPageType=ndc&entryPoint=init

Thank you for your reply!  We did not update USCIS with a new address since it was just a temporary forwarding and we were not aware that this would be an issue.

I just talked with USPS and they said that they don't see indication that it was sent with signature confirmation.  Can anyone confirm that USCIS does send cards with signature confirmation?

It would seem that USCIS should know that it was returned to them but the information on my wife's profile doesn't indicate this- instead they say that it was delivered to her.

Hello all, 

My wife and I filed our concurrent AOS package in mid-July.  My wife was called for her biometrics in August.  It seems that the next day, her EAD was approved.  This was much faster than we expected.

On most of these forms it asks for mailing address and physical address.  We put in a temporary forwarding for our mail during August, and we did receive a forwarded I-797 in the mail telling that the EAD was approved and that the EAD would be coming separately.  We assumed that the EAD would be coming in the mail imminently.

When it was taking a little longer than I thought it would, I checked the USPS tracking, which showed that it was sent back to Lee's Summit, Missouri (National Benefits Center location) as of August 31, and an individual picked it up at the post office.

This post says that USCIS uses "Signature Confirmation Restricted Delivery", which may explain why the USPS would not deliver it to the forwarding address?

So then we logged into My USCIS and they claim that, as of August 31, the Post office delivered the EAD to my wife, and list the tracking number.  Obviously it wasn't delivered to us, so it's not clear why they say it was delivered, rather than that it was returned to the National Benefits Center.  It also says "case closed", which is disturbing.  I tried calling USCIS but got a robot.

In this case I assume that USPS tracking is correct and the EAD card was actually sent back to the NBC.  Should we submit an e-request asking them to re-send the EAD card?  

Would it make any difference to call USPS?  Is it possible that USCIS will automatically re-send it?

Also, can someone confirm that USCIS sends these card with signature confirmation or signature confirmation restricted delivery?

Thanks in advance for your information or suggestions.

Also not sure why you didn't file an I-864 with your original applications?  It would be more useful if you told more about what the RFE says.

21 hours ago, Garvit Jain said:

Hello Everyone 

I have few questions regarding my parents RFE. I am applying for them from USA as they are here. 
I have applied for their I-130 and i-485 separate in Feb, 2022 and they got an RFE asking for Affidavit of Support. My question is: 

1. I and My wife do the tax return jointly, so should I add her name as i-864A. I make just above poverty line for family of 5.
2. I did my parents separate i-130 so what should I do in i-864 Part 5 (so in my family it is (3)ME + MY WIFE+ MY 6 Month Kid), and my Mom-Dad.

3. USCIS check as family of 4 or family of 5? 
4. Should I send 1044 (30 page) and W-2, or should I add 1099 as well? 
 

Hope I didnt miss anything. 
Thank You in Advance

 

There have been a lot of posts on the issue of 864 and 864A on this forum over the years, if you search the forum you will find a lot of answers.

Are your parents living with you and your wife?

1.  As I recall, most people said if you file taxes jointly your wife has to file an 864A, because USCIS will have no way to separate your income out from your wife's if she doesn't file 864A.

2. It seems to me, even though you filed I-130 separately, your household in the end is going to be 5 people, so it should be 5.

3.  You seem to be asking if USCIS will check the income levels based on 4 or 5 people.  If both of your parents will be living in you and your wife's household, then yes, it would be based on 5 people.

4.  Not familiar with 1044, but if you don't send tax transcript, you must send tax filings with W-2 and all 1099s.

On 8/10/2022 at 2:33 PM, yoshiboy123 said:

From your experience, when is it best to get medical done? I am about to submit my AOS, work, and travel documents to my lawyer to review before they file, and was given the option to submit medical along with everything or wait until an interview is schedule. 

 

I'll ask for my lawyer's opinion, but wanted to ask around here as well.

 

Is there any benefit to getting it done as soon as possible or is waiting fine?

 

To me it made more sense to submit with the rest of the packet.

11 hours ago, Chancy said:

 

Studying while adjusting status is allowed by the federal government, even without work permit.  The problem is that some colleges or universities may charge international student tuition rates if the student is not able to present proof of legal residence in the state.  Probably not an issue for the OP since their partner is already an international student.

 

OK, good, thanks for explaining.  That's good to know!

On 8/7/2022 at 10:50 PM, Dramallamas said:

Thank you both for your replies. To answer @Crazy Cat’s question: She is currently in the U.S. for study, and would be for completion if her Ph.D program (ending in 2024). We both will be traveling for academic conferences this year, so it sounds like it may be best to wait until at least her international travel obligations die down to propose while in the US. Options 2 & 3 certainly are interesting, but she will need to be in the U.S. to defend her thesis and complete her degree over the next 2 years regardless of whether she would be my fiancè. 
 

Again, thank you both for your answers. This is incredibly helpful, as I do not want to put my partner’s studies in jeopardy. 

You could also just get married, either in the US or elsewhere, and then she completes her PhD in 2024.  Then when that process is finished, you apply for a spousal visa (CR-1) from outside the country.

From what I understand, your partner would not be legally allowed to study while she is waiting for a work permit as part of the adjustment of status process.

7 minutes ago, sohaib27015 said:

Thanks. Also, how did you respond to question 25? Did you check it or not? 

I actually filed for all three years.  Q25 is actually a little unclear, because for example, you filed for two years but not for the third year.  The question should say "I was not required to file... for one or more years...".  In any case, even if it was only one year out of three, I would still check box 25, and then provide an explanation and some kind of proof.

More important question is, if you didn't have any income for one of the recent  years, will USCIS think that your income is sufficient to support the person you are petitioning for?   

On 7/26/2022 at 6:02 PM, dcrespo314 said:

Hello, I am asking this questions on behalh of my sister in law, she has the ability to apply for her I-485, she was granted asylum status (Form I-589). I believe she needs the follwing, if I am mssing anything please correct me, thank you in advance for any help

 

• Filled out I-485
• Filled out I-693
• Biometics
• Affidavit of continued physcial presence in the USA (written and prepared by the person applying)
• Money order for the cost of the application 

I guess most people here are not familiar with the case of an asylum status holder.  I'm not able to provide any information on this type of case.

In any case, you probably will not need biometrics until after the 485 is submitted.

On 7/27/2022 at 3:04 PM, sohaib27015 said:

We have similar situation. What did you do and did it get accepted. Did you provide letter of explanation or explained reason for not filing at the end of the form. 

You have to tell the truth so 23A is NO.

If you didn't file for some reason in previous years, you can either put the actual earnings (in the case that they were very low and didn't require filing) or 0 if there were no earnings.

Then you can put an explanation in the end where there is a section to provide explanation by page, section, item, etc.

It's not illegal to have no earnings so there is no reason to hide it.

1 hour ago, Misscloud said:

be careful with the interview, the IO might / don't want to conduct the interview because of the discrepancy on the address

if i were u, after the biometric, i will reach to USCIS to fix this problem

 

IO is interviewing officer?

16 minutes ago, Misscloud said:

how far it is ? between the physical address and mailing address? same states different states? 

i will still go. its always bad idea to reschedule / change appointment with USCIS. so many horror story when people tried to reschedule and end up waiting for a long time 

Thanks for your input.  I had the feeling it might be risky to change the appointment.

It's a long way between the two locations, it would require flying so it's a little bit expensive.  The positive side is that after biometrics the only other trip might be when we have an interview.

Hello everyone, 

Thank you all for your help previously.  My spouse and I have now submitted our AOS application successfully and it was accepted by USCIS so that's good news.  Many people on Visa Journey were very helpful in making that possible.

Many of the forms asked for both mailing address and physical address.  I put two different addresses because we are now living in a different place from where I am a legal resident.  I guessed that USCIS would process it through our physical address, and one question on the I-485 even asked where you intend for your AOS to be processed.  (I put the physical address location).

Now my spouse created a USCIS account and it has a letter calling for a biometrics appointment.  But the biometrics appointment is at the location of the mailing address, not the physical address. 

So we could either 1) travel to the location of the mailing address to attend the biometrics appointment, 2) contact USCIS and ask them to re-schedule it at our current physical address.

However, for option 2, I am concerned that this will end up confusing USCIS or delaying our case.  It may be better, to save time, to just travel to the mailing address location to do the biometrics appointment.

Does anyone have any suggestion or view on this point?  Is it better to travel to the biometrics appointment or ask them to reschedule it in a different location?

Thanks again for all your advice and information.

6 minutes ago, Crazy Cat said:

Yes.   

Great, thank for your answer! 

So as discussed in previous post "Travel before applying for AOS", this now means that we are safe to travel within the US?

Hello forum members,

My spouse and I recently filed AOS concurrent with I-131 and I-765.  First we received an SMS with a receipt number for each of the three forms.  Now we have received documents in the mail, an I-797C.  It says Notice Type: Receipt, has some dates, mentions the form we submitted, the payment amount, address mailed to...

Then it just says "we have received your form and are currently processing the above case".  Mentions about a priority date, potential for a biometrics appointment, etc.  

Is this the NOA1 that we have been waiting for and that essentially means the case has been accepted?  

Thanks for your information and reply!

11 hours ago, Villanelle said:

Your 864 would show 3. Parent would do a second 864. It would include them(Parent), the immigrant (spouse) and any one else required- you can find info on who to count in the instructions. Basically you count unmarried children under 21 regardless of where they live/custody, any one listed as your dependent on taxes, and any one else you may be supporting regardless of taxes. 

 

Most likely your parents 864 would show size 2 as Parent is not married and I assume no one else is to be counted. 

 

 

Yes I think that's right- 2 household members for for my parent.

I think I've decided to do the 864 rather than the 864A.  As ROK2USA said above, if they are not sure that I am residing there, they may issue and RFE delaying the case.  I have read a number of old posts where people got RFEs related to form 864A.  Most of the time it was due to the relationship with the person completing the 864A- seemed that USCIS didn't think they met the standard of a household/family member.  But in my case the issue of a residence, or sharing a household, could also come up.

There were also a number of forum users in the past that advised to use the 864 rather than the 864A- they said it's easier and cleaner.  

3 minutes ago, Villanelle said:

The few pieces of mail should be sufficient along with driver licenses. 

 

It's your choice if you want to do the 864 as household member or separate sponsor. You qualify for either way.

 

Provided its just you, spouse, and your single parent (with no other dependents)-

Scenario 1- you do the 864. Size 2. You don't have enough income. Parent files 864 as well.  Household size is 2- them and your spouse. They need to show income for 2.

 

Scenario 2- you file 864 and parent does 864a as your household member. Size is now 3. Your income plus parents must cover size 3. 

 

For your situation its less income needed for Scenario 1. That's not always the case, it depends on the specifics. 

Thank you Villanelle, that is really helpful.

Actually, my driver's license does not list my parent's address, it lists another state.  So it still seems tenuous claiming that we are residing in the same household.  I don't know what standard of evidence USCIS has for this and how closely they look at that factor.

It's actually me, my spouse, our child and my parent.  So if I do the 864 it would be 3 people.  And then if my parent does their own 864, I think it would be 2 for them.  

In either case my parent easily has the income level- seems to be $28,787 for three people and $34,687 for four.  

4 minutes ago, Timona said:

If you asked your dad to sponsor AND your dad and mom file taxes jointly, head of household on that IRS taxes for your parents will sign I-864 and the other I-864A. Simple. 

 

So if dad is head of household, he'd sign 84 and mom 84A, but only if they do taxes jointly. 

 

You yourself will sign your own 84 since you don't make enough to sponsor. 

Thank you Timona, thanks for your reply.  Actually my parent is single, so the complicated issue of married filing jointly doesn't apply.

The question is just whether its better for me to file 864 and my parent 864A?  or we file two 864s- one for me and one for my parent.

If my parent files the 864A, I would have to demonstrate somehow that we are living in the same residence.  And currently we don't have much evidence other than a small amount of mail.  Also,  it's somewhat likely that my spouse and I won't continue to live in the same residence with my parent in the future. 

Do you have any additional comment based on that scenario?

10 minutes ago, ROK2USA said:

Have your parents be the joint sponsor not the co-sponsor. 

You don't want to add their incomes to yours.... it complicates things and might lead to an RFE. 

Thanks for your reply.  This is starting to make sense.  I had no idea that more than one person can file the 864, and it seemed like the 864A fits for my parent.  

But maybe not, if it is going to create more problems related to us having to prove that we reside in the same household.

Hello forum members, 

I was finalizing the 864 and 864A earlier today and came across something that I may have done wrong.  I wasn't sure if my income and assets would fulfill the requirements under the form 864,  and I wanted to be on the cautious side, so I asked a parent to support.  We completed form 864A.    

Then I came across language or instructions saying that you have to prove that the person in the 864A has the same principal residence as the sponsor (me).  On the instructions for 864A, under the instructions for Part 2, Item 1.c, it says "If you select any other relative except for spouse, you must provide proof of the relationship and that you have the same principal residence as the sponsor".  This means that we would have to provide some kind of proof that my spouse and I live in the same residence with my parent.  While my spouse has lived there for a while, and I also lived there for a short time, we don't have a lot of evidence that we all reside in the same household.  We only have a few things that came in the mail.  

Then when looking around about this, I see that there can be an additional 'joint sponsor' in addition to the main sponsor.  So I'm not sure if it makes more sense to continue to try to have my parent support us with the 864A, or do a second 864 with my parent listed as a joint sponsor?

Would it be better to try to meet the residency requirement for the 864A, or just have 2 form 864s?  What are the pros and cons of each?