Mint518

I received my GC today.

I would like to thank all of December filers for posting their progresses over months. Because of such posts, I learned what I can expect next as well as timing of each step, which made my waiting period quite stress-free.

I wish good luck for everyone who is waiting their interviews, and also hope those who have not received GC will receive it soon.

Congrats all for the approvals and progresses.

I received my welcome letter today. The letter is dated April 8 (2 days after the interview). I cannot wait to receive GC - hope it will arrive soon.

We finished our AOS interview this morning at New York City office (lower Manhattan). It was painless at all. Our appointment for the interview was 9:45am. But we arrived at the entrance of the USCIS's building a little before 9:00am and got out of the building around 9:30am. Interview was held at IO's desk, i.e., a cubicle divided by partitions, and the interview lasted around 10-15 minutes.

After we sworn in and showed our passports, we were asked following questions:

1. (Me) My full name

2. (Me) My current address

3. (Me) No terrorist activity, no prior crime, etc.

4. (Both) Whether this is a first marriage.

5. Whether we have original marriage certificate with us today.

6. Whether we have kids.

7. Whether we both are currently employed. Whether we have a copy of employment letter with us today.

8. Whether we have joint insurance.

9. Whether we have joint account (saving, checking, etc.).

10. Whether we own a house or leased. Whether we have copy of lease agreement with us today.

11. Whether we have pictures with us today.

So, basically, we showed original of requested documents or gave IO the newer copy of relevant documents. And that's about it. We were not asked any personal questions (such as how we met) -- We have been married over 4 years and probably there is no doubt that our marriage is nothing but genuine (I hope).

But we were not approved on site. At the end, IO gave us a paper where she checked off the box saying "please allow 60 days for the decision..." but orally told us that we will hear their decision in 30 days by mail. Hope that means GC be coming within 30 days.

http://forums.immigration.com/showthread.p...182#post2026182

if you check out "jupiter07's" response (20th March 2009 8:12 PM), he says he has two A#s....is that possible?

Throughout my application (I-130, I-485, I-131, G325A, I-693, I-864, I-765), i've used my OPT EAD A# thinking that A# is like ur SSN...u only get one in ur lifetime...

by the way, i'm F1-->OPT-->H1B-->Married to USC...

can an expert please comment on this?

Thanks!

http://www.rootlaw.com/index2.php?option=c...pdf=1&id=34 will answer your question.

So, it is OK to use A# on EAD for F1 OPT (which starts with 1) in the initial AOS aplciation, but you will eventually receive a new A# that starts with the digit 0 and that will be the permanent A#. I think once you receive the new A#, you should start using such new A# (for example, if you need to respond RFE).

I'm going to a professional this year to double check but I'd like to hear opinions on this. My wife arrived in the US in October 2008. So under tax laws she can be included on a joint return even if she doesn't meet the presence test. What i've been stewing over is if she'll be eligible to include the 2555 exclusion form rather then 1116 credit.

When did you two get married? If you were married as of December 31, 2008, you are correct and can file joint return.

Regarding tax treatment of foreign source income, as Nich-Nick noted it depends on the nature of the income. You might first want to check whether the income is regarded as "foreign earned income" and satisfy other requirements for "foreign earned income exclusion" (see here), if it does, use Form 2555 (or 2555EZ). If not, use Form 1116 to claim foreign tax credit (see here).

My wifes mother, who is adjusting her status after being in the married. Aquired an I-512 (advanced parole) prior to traveling. However when she re-entered the US, she entered as a visitor and was given a 6 month I-94 and they did not see, take, nor or stamp her I-512.

Will this cause any problems in her adjusting her status, or should she mail it into the USCIS, etc to get it stamped, etc.... any recommendations.

Brandon

I am not sure, but entering without using AP might be considered abandoning the AOS application. I would consult with an immigration attorney, or schedule an infopass meeting. In any event, it is not a good idea to mail AP to the USCIS (it may end up just losing the hard copy of AP).

I'm gathering documents and filling out all the forms. For I-864, my husband and I are using my income to qualify. It says that we need to include proof that the intending immigrant's income will continue from the same source. Do I need to get a letter from my employer? Can I just provide the last 6 months of my pay stubs? I also have a letter from my employer saying what my salary will be for this year. Would that work? I really don't want to bother my employer for a letter.

Inclusion of a letter from employer is optional. So, it is not "required", but I strongly recommend to include such letter.

We used my income for I-864 of our AOS application (I am the immigrant). My employer has a standard language for the employment letter such as when my employment started, my position and my annual salary (I think employees ask this kind of letter for apartment hunting, etc. all the time), but I asked to include the sentense that I am a full-time employer in addition to such standard language to show my position is not seasonal or temporary.

mimigrant -

Thank you for the detailed report (I will ask my husband to read your post and educate himself ), and sorry for being interviewed by such a tough IO and mix-up by translation company and FedEx.

I agree with everybody that it is a good sign that IO took your I-94. Also, I got an impression that IO always tell things like "it would take up to 2 month" when they do not approve on the spot but approves soon after. So, your GC should be approved pretty soon as you did such a good job at the interview and took care of REF so quickly.

Hey all,

I thought I would just post this question here instead of the December thread, since it seems like a few people have the same concern.

Well, my wife (USC) thinks that her days at her job are numbered, since there are talks about a second round of layoffs. She survived the first round at Christmas time, but the company is hemorrhaging money, and talking about cuts again.

I am wondering about preparing for the worst case scenario. What would be my best options if she does lose her job and can't find a new one by the interview date.

Would getting a co-sponsor be an option if she were to lose her job suddenly? If so, would we just walk into the interview with a new I-864 or would we have to inform USCIS that things have changed before the interview?

Please chime in if you have any advice.

Just a thought.

I think to get a co-sponsor now and bring such co-sponsor's I-864 in preparation of possible REF at the interview spot is your best option. In addition, if your USC spouse's income level in 2008 was above the poverty guideline, I think you should volunteer to give 2008 tax return at the interview (as it can be a proof of financial stability as well as bona fide marriage if filed married jointly).

I do not think there is any obligation to inform USCIS the change of financial position (such as unemployment) after the filing of AOS package as instruction to I-864 does not require that. So, I think you do not need to volunteer to provide such information before or even during the interview unless specifically asked by IO. If the interview goes on to the job related questions and IO starts saying he/she needs to give you REF for more financial proof, then, you might want to present the co-sponsor's I-864 at that time.

Hope your concern proved unfounded and your wife can maintain her job.

EVEN USCIS DOESN'T ASK FOR TAX RETURNS, I WOULD NOT ADVISE YOU TO MESS WITH IRS.

IRS IS FAR MORE DANGEROUS THAN USCIS. THEY HAVE GOT SO MUCH AUTHORITY.

IF I WERE YOU GUYS, I WOULD PAY ALL MY TAXES PLUS WITH THE INTEREST !.... NOT JUST

THE SAKE OF USCIS APPLICATIONS..

GOOD LUCK !......

I totally agree. I should have mentioned in my previous post that there is no statute of limitation for non-filing of tax return. So, to avoid any future trouble with IRS, I think your spouse should file all late tax returns from tax law point of view.

I rather post my probs here and give it a try for some members might whom can share there opinion. Anyhow, this is regarding my AOS. I havent yet applied AOS becoz my hubby didnt file his taxes since 2005, but he has a 2005, 2006 & 2007 W-2's. He is a self-employed...and now his office is permanently closed.

Moreover, I have everything with me right now EXCEPT his recent taxes. My relatives are willing to be our co-sponsors. My question now is, if we will submit everything to USCIS, do you think we will encounter problem during interview that my husband didnt file his taxes? or do u think they will gave us RFE for no recent taxes although we have co-sponsors? or tendency that they will deny our papers?...Our marriage will turn two years now.

Also, he will sign the I-864 ,but can he use his assets like house & car? he is jobless right now....i am so confuse,please enlighten me...

PS: i am grateful if anybody can share there knowledge...but please just don't harass my

thread. Thank you and more power....

Below is an excerpt from the instruction to Form I-864 (page 8).

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation.

I think at this point, last three tax years would be 2008, 2007 and 2006. So, according to the above instruction, your spouse needs to file late returns with IRS for 2007 and 2006 and attach an IRS-generated tax return transcript to Form I-864 regarding those two years. As for 2008, if he had certain income (I belive $400 of net earnings is the threshold in case of self-employed person), he should file tax return with IRS by April 15 and attach the copy of his such return and all supporting docs to I-864. If he has no income or he is not required to file tax return because his income is too low in 2008, he needs to prepare and attach written explanation as such.

If you send out the AOS documents right now without his tax return information, most probably (and if you are lucky) you will get REF for his tax information even if you have joint sponsor. If you are unluckey, your application might be denied due to insufficient evidence (I think this case is pretty rare, but I read some posts that this actually happened).

If he can clear his tax return issues, and you have joint sponsor, your application shuld be fine even if your spouse is currently unemployed. Good luck.

Hello, I'm a newbie in this site. It was highly recommended to me by a good friend of mine. I have read through guides & faqs but it seems concentrated more on K1 & K3 or K4 AOS rather than H1B or I wasn't looking hard enough! Here's my situation, I am working for a company under the H1B. I am planning to apply for a green card (employment sponsored) as soon as I know how!

1) How do I apply for an employment sponsored green card?

2) What are the documents that I need & where do I find them?

3) Do I need a lawyer to file for this? I have read in other forums that a lawyer isn't really necessary & having one wouldn't make the process faster for anybody. Is this true? That would save a LOT of money if it can be done!

Thank you so much for your time & I really appreciate whatever information you guys could give me. Or please point me to another site if this site is for K1, K3, or K4 visas only! I really do need help! Thanks again!

Unfortunately, as noted in the top page of JV (http://visajourney.com), this site is "for family and marriage based immigration ... for a spouse, fiance, parent(s) or other close relatives". Following is all I can answer.

1) How do I apply for an employment sponsored green card?

Below is the relevant page from USCIS.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

2) What are the documents that I need & where do I find them?

I do not know where to find ETA-750. Form I-140 and Form I-485 can be found in USCIS's website .

As far as I know, Trackitt (http://www.trackitt.com/usa-immigration-tr...ployment-based/) and immigrate2us.net (http://immigrate2us.net/forum/forumdisplay.php?f=21) has forums for employment-based visa. Good luck.

Hello every body,

yesterday i sent 2 passport size photos with my AOS package(i-485,g-325A,i-765,i-864,medical form and other supporting documents).my question is

1)is 2 passport size photos is enough with AOS package? if not than what should i do? should i wait for their reply or send more photos to them.

i think i did mistake . please help me members.

You needed to send 4 passport size photo of beneficiary (2 photo for I-485, 2 photo for I-765; Please note G-325A of the beneficiary, I-864 and medical form are supporting docs for I-485).

If you did not file I-I30, you do not need to send a passport size photo of the beneficiary. (FYI - I-130 requiers one photo of the beneficiary and one photo of the petitioner.)

I think it is better to wait to hear something from USCIS (either rejection notice or REF for more photo) than sending additional pictures now.

itzy, TBoneTX,

I updated the spreadsheet with your info. Congrats to your progress and receipt of AP/EAD.

Congratulations to all the ones receiving their approvals! That was fast after your biometrics Itty Bitty! I hope that happens to me too.

I wanted to let you know I had my biometrics appointment today!

Please help me to update my information on the spreadsheet

Here Are the Days

Notice of action of biometrics was 02/23/2009

Biometrics appointment was 03/06/2009

Authorization of Parole was issued on 2/9/2009

Thank you

Itzy

EAD rec'd. March 6 (two days after AP was rec'd.); effective date of both was February 24. Can someone please update the spreadsheet for us? And, regarding the green card, have any transferees-to-CSC received their card yet, after filing for AOS in approximately mid-December?

Congrats all who received AP and/or EP. I received my EAD today, too. Same with other people, no recent updates on the USCIS site, and last touch was the one right after the biometric appointment.

Thanks, Mint Noticed you're also in NY. I will report back after my interview!

Anonymous NY - That would be great. Thanks.

I am sorry to hear this, I hope you are okay even though. I am not sure I will be able to find a job soon, it's pretty scary.

I checked some government jobs and you usually have to be a citizen to apply? I may be wrong. Anyway, at least in my profession, to apply for government jobs you need to have a related license which is quite hard to get, if you didn't study here.

mimigrant - I do not recall where I read this, but in my recollection, as a general matter, US citizenship is required only in a limited government jobs (such as immigration offfice and jobs relating to national security). I am sure once you get a green card, more job opportunies will come along. Good luck for your interview next month and your job hunting.

Hi all December filers, thought I would say hi and please add me on your master timeline too

12-19-2008 - Couriered I-130, I-485, I-765 and I-131 to Chicago.

12-27-2008 - NOA1 received

01-13-2009 - Biometrics Appointment

02-17-2009 - NOA2: I-485 Initial Interview Request

03-24-2009 - I-485 Interview

Still no news regarding AP and EAD ((((

I added your timeline on Dec. 2008 filer spreadsheet. Congrats and good luck for your interview next month.

It seems National Benefits Center (place where AOS documents will be forwarded from Chicago Lockbox) do not want Acco fastners nor staples. Paper clip will be the best way.

See Tips for Filing Petitions and Applications to the National Benefits Center, which saids "Use paperclips when attaching supporting personal documents to forms (do NOT use “ACCO” fasteners; staples are acceptable when attaching fees)."

Hey guys... I have a question.

Got my husbands interview notice and on the notice it lists documents to bring. One of the documents is the I-864 as well as W2s and tax return forms. It says to bring these with me unless they have been previously sent in, which they have been (for the 2007 tax year), when I sent in my AOS package in December. So I am planning on bringing what I already sent them anyway, but do you think I should also bring my tax information and W2s for the 2008 tax year since that is the most recent tax year? However the deadline to file taxes is not until April 15, and our interview is before that, so technically had I not done my taxes yet the most recent information I would have would be for the 2007 tax year. Opinions? Thoughts?

Thanks!

I think it is case by case. If your tax return for 2007 tax year shows your income exceeded the poverty guideline, 2008 tax return might not be requested at the interview for purpose of verifying the income level. If income in 2007 tax year was below poverty line but was above the poverty line in 2008 tax return, most probably you need to submit a copy of 2008 tax return (and W2 and paystabs for 2008 is not sufficient).

In addition, interview letter said we can use a copy of tax return as an evidence for relationship (i.e., bona fide marriage). So, my husband and I plan to give the copy of 2008 tax return to IO anyway if he/she ask for any additional evidence for bona fide marriage we may want to add.

Actually, my USCIS A# on biometric appoint notice and #A on interview appoint notice are different.

And according to http://www.rootlaw.com/index2.php?option=c...pdf=1&id=34, Nine-digit A# that start with the digit 0 will be the permanent A#'s which remain the same for life.

FYI - my USCIS A# on biometric appoint notice starts with 3, and my #A on interview appoint notice starts with 0 (and, although not relevant for AOS, my A# on EADs for F1 OPT (obtained when I was a student) starts with 1 as explained in the website cited above).

Oh wow, Great .

Thanks for replying fast.

I have one more question. Since we are marrying in july, and will travel outside US for honeymoon.

The only problem is H1B stamping which is not done yet.

So can i do court marriage and apply for EAD and AP before our real ceremony . Do we need same address while filing, because she definately will stay with me after ceremony , but just rite now as she is with family , and in our culture girls usually cant stay with guy before marriage ceremony.

I mean to say court marriage rite now with different addresses will create problem in processing of application.

Or in worst case either one of us will change address before applying.

Thanks and Regards,

Anurag

I do not have an answer to your question, but unless you have any reason which necessitate you to apply GC as soon as possible (such as your job is in jeopardy), I think the best course of action in your case would be to obtain H1b visa stamp prior to the honeymoon. You can reenter to the US using H1b visa, and apply GC after returning from the honeymoon (after the lapse of reasonable amount of time from such return). This way, you do not need to be flustrated while awaiting the approval of AP or possible conflicts between honeymoon periods and AOS interview date.

Since you will get 3-year H1b visa stamp, you can even wait to apply for adjustment of status until a few month before the 2nd anniversary of marriage so that you can get 10-year GC, rather than 2-year conditional GC.

Hi,

Any help will be appreciated.

I came to us in 2005 on F1 Visa for doing my MS in Computer Science.

Finished it in Dec 2007 , Got full time job and filed for H1B with my present employer which got approved on October 2008.

My Gf is US citizen and we are planning to get married in July 2009.

I have few questions.

1. What exactly i have to file for after getting married.

2.What if i need to travel outside US after getting married as my H1B is not stamped yet, although i have valied I-94 for 3 years.

3. Can i change my job while processing is going on.

Thanks,

Anurag

1. You should concurrently file I-130 and I-485. Also you have an option to file I-765 (EAD) and I-131 (AP). You can follow this guideline:http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2 ://http://www.visajourney.com/forums/i...age=i130guide2 ://http://www.visajourney.com/forums/i...age=i130guide2 .

2. I think you have two options

(1) Obtain H1b visa stamp oversears (probably at US embassy in your home country) using your approved H1b petition and reenter US with H1b visa, or

(2) Apply and wait the approval of AP and reenter US with AP document.

3. Yes. You can either

(1) Transfer your H1b to a new employer (I think your new employer needs to file I-129), or

(2) Apply and wait the approval of EAD, then you are free to work with any employer -- Please note once you use EAD, your H1b visa become invalid and you will need AP to reenter to the US.

This page is also informative, esp. for H1b holder.

http://www.visajourney.com/forums/index.ph...p;page=otheraos

And on the second thought, although 2(1) and 3(1) above are technically possible, they might not be a good idea. So, I would recommend you to file I-765 and I-131 along with your I-130 and I-485.

Hi,

Any help will be appreciated.

I came to us in 2005 on F1 Visa for doing my MS in Computer Science.

Finished it in Dec 2007 , Got full time job and filed for H1B with my present employer which got approved on October 2008.

My Gf is US citizen and we are planning to get married in July 2009.

I have few questions.

1. What exactly i have to file for after getting married.

2.What if i need to travel outside US after getting married as my H1B is not stamped yet, although i have valied I-94 for 3 years.

3. Can i change my job while processing is going on.

Thanks,

Anurag

1. You should concurrently file I-130 and I-485. Also you have an option to file I-765 (EAD) and I-131 (AP). You can follow this guideline:http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2 ://http://www.visajourney.com/forums/i...age=i130guide2 .

2. I think you have two options

(1) Obtain H1b visa stamp oversears (probably at US embassy in your home country) using your approved H1b petition and reenter US with H1b visa, or

(2) Apply and wait the approval of AP and reenter US with AP document.

3. Yes. You can either

(1) Transfer your H1b to a new employer (I think your new employer needs to file I-129), or

(2) Apply and wait the approval of EAD, then you are free to work with any employer -- Please note once you use EAD, your H1b visa become invalid and you will need AP to reenter to the US.

Congrats all for interview notices and APs. I received my interview notice today, too. My interview is scheduled to be on April 6 at NYC office.

Sorry for the multiple posts.

I did further research - as I am debating whether I should ask my employer to apply for the extention of my H1b (when time comes) or simply switch to marriage based EAD if there will be any delay in my AOS process.

It seems "If the petition is filed in a timely fashion (i.e.: the initial period of employment did not expire prior to filing the extension request), the individual may continue to work while the extension is pending. " (http://www.dartmouth.edu/~ovis/updates/h1b/extensions.html). So, as long as your wilfe keeps H1b status and timley file the extention request, she can legally work in the U.S. based on pending H1b extention application (and no need to use premium processing service). But please consult with an immigration attorney for the accuracy.