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SaysWho

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Posts posted by SaysWho

  1. The best thing you can do to avoid this, is sign up for case notifications. i can not stress that enough! it will update when they send you anything. if you don't get anything within a week or so after they said they send something out, you can contact them, so they have it on record that you have not gotten anything, and they will either resend the notice or make a diff appointment.

    I have mine set up that they email me whenever they update any of my paperwork. so i don't have to go crazy looking everyday (even thought I do sometimes anyways :lol: )

    I know this doesn't really help after the fact, but this is for others that may be reading this that do not have case updates.

    if anyone needs help setting that up, id be happy to help!

    The problem is that unlike other types of applications, when Removing Conditions, your case file number is on your Biometrics appointment letter (not on your NOA). If you don't get the Bio appointment letter its not possible to sign up for notifications.

    Annie

  2. No.The form clearly says "list all your children". Throughout the I-751, the word "you" and "your" is used to refer to the alien removing conditions. So it seems very clear to me that all children of the alien removing conditions should be listed. Children of the US Citizen spouse who are not also children of the alien removing conditions wouldn't seem to meet the criteria.

    As for the part of the instructions of the I-751 that says: “make sure to include any conditional resident children applying with you in order to have their conditional basis removed". That for me is just a reminder. But it does not say include ONLY children that need to have their conditional residence removed.

    It’s just the way I would approach that part if I’d have to.

    I completely agree (see my earlier post)....the person Removing Conditions should list ALL their children (irregardless of age or immigrant status), but should not include US Citizen children of the US Citizen spouse from a previous marriage.

  3. Although it is a "joint" petition, I understood it to be pretty clear when you read the information headings on the form I-751, it is all about YOU the Permanent Resident initiating the form. Where they want information about the USC spouse, they specifically ask for it.

    Part 1: Information About You

    Part 2: Basis for Petition

    Part 3:Additional Information About You

    Part 4: Information About the Spouse or Parent Through Whom You Gained Your Conditional Residence

    Part 5: Information About Your Children-List All Your Children

    Part 6: Accomodations for Individuals.....

    Part 7: Signature

    ...I just listed ALL MY children and my I-751 was submitted a while back, so I'll know soon if my interpretation is correct :-)

    Annie

  4. We listed only my children (I'm the GC holder), who are all adults living living in Canada. We didn't list my US citizen step-children, although they don't live with us. (None of the previous forms in this loooong process have ever asked for information about my husband's children, so I wouldn't think they would suddenly want that information now.) Not sure if this is helpful or not. Perhaps you will get a response from someone with the same situation.

    Annie

  5. I have started working on our evidence for ROC. On Part 5 of form 751, it asks for children, we do not have any together, however, my husband does have grown kids from previous marriages. Do we put them in? Also, it asks for addresses and we do not have that information. Please advise, thanks

    I'm not sure from your post who is the US citizen and who is the GC holder. But here is how we did it - my husband and I both have grown children from previous marriages, but we only listed my children (I'm the GC holder) on the I-751, and I believe it only needs the address of GC holder's children if they are in the US (and what their status is).

    all the best!

    Annie

  6. I have read this entire thread over twice and I think most of my questions have been answered – many, many thanks!! But there are a couple of things I’m not completely sure on, so I would like to confirm those things, (please be patient and forgive me for wanting to confirm things that may be clear to others) and I have a few questions that don’t seem to be answered here.

    First, my 2008 situation

    – Married Nov/07 and I maintained residence in Canada until GC received Dec. 9/08

    – income for 2008 was all from Canada (self employment net $15,000, small amount CPP survivors pension, a small amount of investment interest, and $33,000 cashed in RRSPs early in 08)

    – only tax withheld was 20% of RRSP withdrawl amount

    – no US income at any time in the year

    So, my assumptions for Canadian tax – are these correct?

    – file a “Leaving Return” and elect to use Section 217 (I’m sure 217 will be most beneficial)

    – all non-refundable tax credits and personal exemptions can be used at 100% because I’ll be using 217 and all income was Canadian anyway (I just write a note stating over 90% was Canadian…, etc.)

    – I use a Non-Resident T1 General with a T2203 for provincial tax

    So, my assumption for US tax – is this correct?

    – for our US return we file 2555 to exclude my income while Canada was my tax home (Jan 1 to Dec 9) and a 1116 to take a Foreign Tax Credit on the one CPP benefit income amount ($480) that I received in Dec. after my GC date when US was my tax home (non-resident tax was not withheld on that $480 Dec. amount)

    So, a couple of questions -

    – I think the following excerpt from the CRA non-resident guide means because my income was from my own small business I DO NOT calculate the non-resident Surtax , but complete a T2203 to pay Provincial tax on ALL income instead. Is that correct?

    Line A - Surtax for non-residents of Canada and deemed residents of Canada

    You pay this tax instead of a provincial or territorial tax. If you did not have a business with a permanent establishment in Canada, follow the instructions at line A on the back of Schedule 1 to calculate this surtax.

    If you had income from a business with a permanent establishment in Canada, you have to pay provincial or territorial tax on that income. Use Form T2203, Provincial and Territorial Taxes for 2008 - Multiple Jurisdictions, to calculate your provincial or territorial tax (except for Quebec). Attach a copy of the form to your return.

    - Re: US tax returns – (In 2007 my US hubby filed MFS with my ITN and I only filed in Canada as I was only in US for a couple short visits and no US income.) For 2008 we are planning that I will file an Extension so I can wait to get my Canadian return dealt with, but due to an Offer in Comprimise a few years back my hubby cannot file for Extention, so he will file MFS by April 15, and then file an amendment later (after I receive my Canadian assessment, etc.) to change to MFJ, if most of my income can be excluded and it is to our benefit to file jointly…does that sound right?

    Many thanks!

    Annie

  7. Praise God!!!!!!!!!!! My 2 year greencard is on it's way! Just received the email -

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Card production ordered.

    On December 17, 2008, we ordered production of your new card...

    We are sooo happy and thankful for this wonderful Christmas gift. We will pray for continued approvals for our "September AOS Filers family" - especially for those waiting on AP for holiday travel and much needed EADs.

    Merry Christmas and Happy Holidays to all.

    Annie & Tim

  8. I have a question for all of you who have interview dates: Was the first time you found out about your interview date when you got a letter in the mail? Did your online case status show anything different once your interview was scheduled? Once you got your interview date, did your online case status say that your case had been transferred to your local office?

    I am just wondering because I want to know if we should expect an interview appointment in the mail, or if the USCIS case status might indicate when we will have our interview. Will our online case status say that our case has been transferred from NBC to San Antonio once we have the interview date?

    Thank you! Congratulations on all who have been getting EADs and APs, and for those of you who are still waiting, I hope you get them very soon!

    Yes, we received a letter in the mail with the date and information for our interview. There were no updates at all online when the appointment was scheduled or when the file was transferred to the local office. The only change to online Case Status at all, was the day after biometrics. Even now after our interview, there have been no online updates.

    Not sure if everyone else's experience was the same....hope this helps!

  9. Hey, anyone seen........

    Tea and Honey..?

    FromJapan...?

    Annie & Tim..?

    i'm dying to hear from them how the interview went....

    Come out come out where ever you are, with the Green Card!

    :lol:

    i saw Annie&Tim online here this afternoon..

    Really? Guess they are tired out with all the anxiety that came with preparation and anticipation, i only wish they said one little teeny thing....

    Well hope it went well.

    Feed us details!

    Ok!!! Here we are...just back from the Seattle USCIS office! and....(drum roll, please..) IT WAS A PIECE OF CAKE!

    Very short wait to be called and then a very nice lady did our interview. While we were waiting, I was a little concerned as it seemed everyone else there waiting had their lawyers with them. (We did K3 and have not used a lawyer at all in this process.) The lady took us to her office - very unlike our K3 interview where our "interview" consisted of standing at a window and answering two or three questions. She first asked me for WA State ID...I explained that I couldn't get anything from the State without a SSN, and couldn't get a SSN without my EAD, which I had only received in the mail yesterday. I showed her my brand new EAD card :-) and she took the photocopy of it (that I rushed out and made this morning). Then she pulled out our big fat file. It was nice to see that all the piles of paperwork we had been submitting to them over the past year had not fallen into some black hole, but was all there "present and accounted for". She confirmed the answers from the tickey box page of my I485 (where they ask if you have ever been a terrorist, a prostitute or smuggled people into the US). Then she started going through her file, saying out loud each form and making tick marks on them in red ink. The only thing she asked for from us, where the copies of the documents we had supporting our relationship. She asked to look at our pictures and made nice comments about them. She really didn't ask a whole lot of questions other than "where did you meet?" and a few general questions about what events, and who were the people in some of our photos.

    She then asked us both to sign a form saying that IF our GC was approved, we knew that we would need to file to have conditions removed and they wouldn't give us any warnings or notice to do that. She suggested that it was a good idea to start a folder for accumulating documents and things for proof of relationship during the next two years..it would make it easy to have everything together for Removing Conditions.

    Then she said that she had everything she needed from us and that it would take up to 8 weeks to receive the GC....she didn't, at any point, use the word approved, but everything else lead us to believe that we passed with flying colors!!!!!!!!!!

    Praise God!!! We're looking forward to hearing all about everyone else's interviews! May approvals and Green Cards abound for our fellow September filers!

    Annie & Tim

  10. To all those going for interviews 12/09

    Check your documents again over and over

    Dont freak out like i would....

    Go in there, get the stamp and come right back!

    I'm sending positive vibes your way, and have put y'all in my prayers...

    Goodluck my friends and hurry back... we will be waiting to hear every single detail!!!

    I really wish you the best!!!

    Thank you for all your kind words, I am keeping my fingers crossed. Hopefully I get the good news monday.

    Thank you!! We are so excited about our interview tomorrow...and of course a little bit nervous, too. We are double checking our documents (with copies of everything, of course) and Tim keeps checking that he knows all my kid's birth dates, where my dad was born, etc, etc, LOL We will be praying for everyone else interviewing tomorrow (and praying for EAD/AP approvals arriving for everyone, too)... we will post tomorrow night and report how it all went.

    Annie and Tim

  11. I moved my belongings from BC Canada to WA USA in a UHaul this past July. I moved here to be with my husband on a K3 Visa. We just made an itemized list of furniture items, numbered the boxes and recorded the box # and contents as we loaded them. (We listed the box contents very generally...i.e., books, kitchenware, clothes, etc., and listed the items in the back of the truck on a separate sheet from those in the trailer). We crossed at Peace Arch, Blaine border crossing...the officer directed us to secondary, and they had us unlock the truck and UHaul and go inside. We were there all of 5 minutes, they barely scanned our list and sent us on our way. Very fast, easy and painless.

    Annie & Tim

  12. Hi

    Im new in this forum, and i will really appreciate if you can help me with my case.

    I have a k4 visa and in a few months im gonna turn 21 so we have to send our adjustment of status (my mom and me) as soon as possible but here is my question. To apply for AOS i need to have a separet I-130 wich i dont have because they said that in order to get a k4 i dont need it... So we were reading the instructions on how to fill the form but i cant because when they married i was 19, and to apply for the I-130 (im a step child) the marriage had to happen before my 18th birthday :(.

    So i cant apply for AOS and i have to come back to my country, or there is something missing here? We really cant believe that cause the k program is supposed to make the family come togheter.

    Yes, it's unbelievable, but sadly it seems to be true. My daughter was in the same situation earlier this year. You can read my post and all the replies here. We ended up consulting a lawyer but he could not find any way around it either. But I would always check for any updated or current information and/or consult a lawyer as every situation is unique and the rules can change quickly.

    ..hope things can work out for you.

    Thank you very much for your help....We are going to continue on and see what happens.

    And finally your daughter could come tu the US??

    ..sadly, no...we may try and bring her on a student visa while she completes her education, as that now seems the only option to have her here with us for a while.

  13. No issue in FL. Just the eye test.

    Hi guys! :) Want to seek advice from you...

    Do I need SSN before I can get a driver's license?

    We went to SSoffice and unfortunately they didn't issue me a SSN. I brought with me my marriage contract, birthcertificate and passport with visa with my MAIDEN NAME on it . I'm K3 by the way (but my name on my passport and visa is my MAIDEN NAME) .The lady there told me that I need to wait for my permanent resident visa to be approved with my new name or MARRIED NAME before they can issue me a SSN. Once the permanent resident visa is ok, they can issue SSN with my MARRIED NAME on it.

    Lastly, can I work immediately once I have an EAD?

    Advise pls

    Thank you very very much.

    I think most states require SSN for a DL.

    I'm K3 too, and I understood from the SS website (http://www.ssa.gov/online/ss-5.pdf - see bottom of page 3) that I need to receive EAD and then with that I can get a SSN. ...and then work (if I read all this correctly). It may be possible that someone would hire you with the EAD and show that you have applied for the SSN, that would let you start work and you can provide them with the SSN as soon as it is issued (?)

    I'm not too sure about the name issue, but there are likely lots of others here that have experiences with the issue and can advise.

  14. I guess USCIS wants to ensure that I know they have ordered my EAD......

    Application Type: I765 , APPLICATION FOR EMPLOYMENT AUTHORIZATION

    Current Status: Card production ordered.

    On November 26, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

    *Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.

    *** Please do not respond to this e-mail message.

    Sincerely,

    The U.S. Citizenship and Immigration Services (USCIS)

    and this morning.....

    Application Type: I765 , APPLICATION FOR EMPLOYMENT AUTHORIZATION

    Current Status: Card production ordered.

    On December 2, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

    *Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.

    *** Please do not respond to this e-mail message.

    Sincerely,

    The U.S. Citizenship and Immigration Services (USCIS)

    Too bad it hadn't been my AP :unsure:

    Exactly the same thing happened to us...first email said November 25 and then got another last night saying December 2. Maybe they think Canadians don't pay close enough attention and they need to tell us twice! LOL

    I'll just be happy when I get the card..

    Annie

  15. Hi

    Im new in this forum, and i will really appreciate if you can help me with my case.

    I have a k4 visa and in a few months im gonna turn 21 so we have to send our adjustment of status (my mom and me) as soon as possible but here is my question. To apply for AOS i need to have a separet I-130 wich i dont have because they said that in order to get a k4 i dont need it... So we were reading the instructions on how to fill the form but i cant because when they married i was 19, and to apply for the I-130 (im a step child) the marriage had to happen before my 18th birthday :(.

    So i cant apply for AOS and i have to come back to my country, or there is something missing here? We really cant believe that cause the k program is supposed to make the family come togheter.

    Yes, it's unbelievable, but sadly it seems to be true. My daughter was in the same situation earlier this year. You can read my post and all the replies here. We ended up consulting a lawyer but he could not find any way around it either. But I would always check for any updated or current information and/or consult a lawyer as every situation is unique and the rules can change quickly.

    ..hope things can work out for you.

  16. I am so very, very thankful to be here in the US this year with my husband. In spite of all the challenges and months living apart, we feel very blessed to be so happy together and have such wonderful friends and family (including VJ family) to have supported us through all this.

    Wishing everyone a wonderful Thanksgiving! Isn't it great as Canadian/US blended families we get this holiday twice every year?

    God Bless!

    Annie & Tim

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