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Posts posted by sweetpiano
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I've only heard of people adjusting from K-1's being transferred to CSC, as their cases were already examined thoroughly at the consulates, everyone else adjusting from other visas get an interview.
Someone, correct me if I'm wrong.
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Vanni, your link contains info for paying Affidavit of Support (AOS) online. There is currently no way of paying for Adjustment of Status (AOS) online. Personal check works best.
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That should do it. Don't forget to number every document and list and explain the purpose of everything in a cover letter.
Good luck!
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Yeah, why don't you send copies of the filed tax returns along with the supporting tax documentation (w-2 etc.) instead of waiting for the transcripts?
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It can take up to a month for the check to be cashed.
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At the interview, I would make sure to ask the officer which card is it: 2 year or 10 year. I've heard of cases when applicants got the conditional green card even though they passed their 2 year marriage anniversary.
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And I can only imagine the Adjucators looking at the huge filing and either not wanting to work on it, or "saving" it for later.
I can see that happening - "saving" the file for later - in my case. In response to the RFE, we submitted foreign equivalents to W-2's and foreign financial information, so I think they are postponing to look at it because it seems comlicated.
Steph, keep us posted about your RFE. Best of luck! we'll get through this.
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That's right, write down your closest local office in your state, that office will adjudicate your application and that's where the interview will take place. Chicago lockbox is just a fronting operation where they receive and sort all applications, after which they are sent to the National Benefits Center in Missouri, which then forwards the AOS and I-130 to the local office. Hope I wasn't too confusing.
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I'm still confused on one's legality to stay after you submit these things. Can anyone clarify that?
After you submit the AOS and petition package, you should receive receipts from USCIS for each form you sent, they are called "Notice of Action" and they are the proof of your status in the US after your I-94 expires. Your status will be called "pending Adjustment of Status" and you can stay in the US legally until a decision has been made in your case.
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The RFE was related to the evidence we submitted for the I-864. My husband and I worked abroad last year, and even though we submitted tax returns to the IRS for 2007, it was based on foreign earned income, and naturally we did not have any W-2's. The USCIS did not bother to look closely at our tax return, they automatically RFE'd us for W-2's. Anyway we sent them the foreign equivalents of W-2. Hopefully this will be good enough.
The other thing they RFE'd was more evidence of my husband's income. Initially we sent an official employment form (not a letter) from his job (which specified income), but it was too complicated for USCIS to decipher, so they asked for an employment letter. Here it was our mistake, we totally forgot about the employment letter my husband received by email over 8 months ago, it was sitting somewhere in our computer and we totally forgot about it. So we sent them that. Plus they wanted 6 months of paystubs - my husband started this job in February 2008, so initially we only sent 2 paystubs. You can see from my signature that we waited until the end of May to respond to the RFE in order to accumulate more paystubs, we sent a total of four, the initial 2, plus two more. Hope this is good, otherwise they'll have to keep RFE'ing us for more paystubs.
So in all it was a combination of our mistake (we forgot that we had the employment letter) and their incompetence? lack of willingness? to look closer into the details of our case and realize we don't have any W-2 for foreign income and that we don't have 6 months worth of paystubs, since the job only started in February (which was clearly stated in the G-325A).
My lesson from the RFE is that it's important to read between the lines to understand what they want, because sometimes their RFE letters can be contradictory. Here's an example from mine:
"The sponsor's income on the tax return does not meet or exceed 125% of the poverty guideline. The sponsor lists their current income on Form I-865 as an amount to be considered as sufficient; however no evidence has been submitted as proof of current income."
The two sentences contradict themselves. My husband's income exceeds the poverty guidelines, so we just ignored the first sentence and answered the request in the second sentence.
Thanks for reading my rant. Here's a couple of files, hope you find them useful.
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Check out my timeline, I"m adjusting from a B1/B2 as well. The RFE slowed me down a month. Still waiting...
Best of luck to you!
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Right now he is making above the 125% poverty guideline and his recent pay stubs shows that. Can I indicate the gross annual income he will be making this year on the Part 6 Question 23?
Yes, indicate the gross annual income he will be making in the current year 2008. As long as that's >125%, you're fine.
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how many id photos do i need for the whole AOS package? 2 for I-485, 2 for I-765, 2 for I-131
does my husband still need to provide a G-325? No
how many pages does he need to fill out? None
do i still need his ID pic? No
if yes, how many.
do we still need to submit a copy of his naturalization, USpassport or state ID? No
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If you are adjusting status from a K-1 visa, no need to file I-130.
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yeah, but the sample form does not say whose place of employment that is - that petitioner's or the alien's - it just says "name of employer or None".
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Hey, you're doing good, got your EAD...
To find out approximate processing times for your case, look on the USCIS website under your local field office, this will give you a better idea as to how long you'd have to wait.
Currently under Charlotte, NC office, they are processing cases filed June 17, 2007, so officially about 9 more months to go until they get to April 2008 filers. Of course, the processing pace seems to have picked up recently, but everyone is bracing themselves for 6-12 months start to end.
Best of luck!
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The way I understand it is that the left-hand column is for the petitioner, the right-hand column is for the alien relative, which makes question 15 relevant to the alien, not to the petitioner. I could be wrong, but this is the way I completed mine, and answered "None" since I'm not authorized to work yet. I wondered if it's a trick question to catch aliens working illegally. My husband filled out an Affidavit of Support anyway, and he listed his workplace there and provided letter of employment, so I don't think writing "None" in question 15 on I-130 should affect the application.
That's just my take on it, could be wrong...
Check out these instructions anyway, I found them useful. Tips for Filing Petitions and Applications to the National Benefits Center
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Hi how are you. I just have a question. I have a friend that is in the U.S as a tourist and he got married. He recently sent his papers out including the I-130 petition and the Aos, and EAD. He sent a check for $1365 1010 for the AOS and 355 for the petition. Is that what you did. Well his case was rejected because the amount of the check. Can you help me out with that. thanks
Your friend needs to resubmit the entire package, but this time attach 2 separate checks: one for $355 attached to the I-130 and one for $1,010 attached to the I-485.
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For the AOS, you don't need an original certified copy of your marriage certificate, you need just a photocopy of your marriage certificate. You say you have the original marriage certificate, just make a copy of that for the AOS application.
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It takes USCIS between 1 week and 1 month on average to cash the check. It's one of the fastest stages of the whole process
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I know of someone on this forum (Evan, if I'm not mistaken) who met all the three criteria (filed I-130) and sumbitted an EZ, yet received an RFE requesting he files the I-864. The 864 is not that much longer than the EZ anyway.
Good luck!
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Download forms directly from USCIS website, read and apply the official instructions accordingly and don't worry about someone else's sample forms. You are responsible for your own application; if there is a mistake on these sample forms, as you think you found one, who is going to be responsible? I would rather be responsible for my own forms and my own understanding of the official instructions.
Thanks for answering the question.
You're welcome, it was just a piece of advice.
I see SMITH as "family name", Jane as first name, Joan as middle... is there anything strange?That is the first line........
Its the one for the husband/wife..........keep reading.
The form is obviously wrong, just correct it...
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We were married on a Sunday, our officiant (a judge) took the licence to the county clerk's office on Monday morning, and we went in person and got the certificate at noon the same day. We explained we were out of state and they were nice.
Call the officiant to make sure he/she took the license to the clerk's office, and then go in person to get the certificate.
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1. should I separate payment for biometrics and AOS processing fee? or just one check of $1,010?
2. and make it payable to U.S Department of Homeland Security right? is the U.S. should be shortened or it should be "United States", or does it matter?
3. Can I file for AP even if im not sure if I'll use it or not? Im planning to go to Phils. on Christmas or probably February, im not sure of the date yet, and there could be change of plans. And since we're paying a thousand dollars, might as well file.. Would if affect my pending AOS if there's an unused approved AP? Please let me know. My husband and I are filing soon, finally!
1. One check for $1,010
2. "U.S." is fine
3. File for AP, it's good to have, not using it will not affect your AOS.
COSTS of Medical Appointment for AOS
in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas
Posted
$200 for the exam in Michigan, I gave them my immunization record, didn't need any new shots. My X-ray was $70, but managed to sneak it on my insurance.