JERIII
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Posts posted by JERIII
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Hey guys:
one quick question: On the I-130 form, the beneficiary part: number 14 last part:
date authorized stay expired, or will expire, as shown on form I-94
I am a F-1 student and on my I-84 it says D/S, Should I write my I-20 expiration date?
Thanks everyone!
Su
We were in that situation, we wrote D/S. I would not write the I-20 expiration, as you can get a new I-20 with a different date,
which will effectively extend the validity of the I-94.
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I'm not sure, but I believe the embassies follow the local holidays. Anyone know for sure?
Embassies generally close for both major local holidays and American holidays.
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Hi everyone,
I am the beneficiary and our AOS interview is coming up soon.
I was a non-resident alien from 2003 to 2007 and should have filed 1040NR but I had been mistakenly filing 1040 for all those years. I recently (last month) realized my mistake and amended returns for all those years. Since I had originally underpaid my taxes due to incorrect use of forms, I paid the difference with the recently submitted amended returns for all those years. Now I am waiting for IRS to process my amended returns and send me a bill of interest and penalties.
We got married in 2008 and my wife is the sole sponsor on the submitted I-864. In the original submission of AOS packet, we included last three years (i.e., 2005, 2006, 2007) of wife's tax returns (which were filed correctly) but I, for some unknown reason, volunteerly included my 2007 tax return which I have now amended.
Does USCIS officer ask for previous tax returns of beneficiary even if he is not on I-864? If yes, is my mistake going to disqualify me? Note that our 2008 taxes (MFJ) were filed properly.
why should you have filed the 1040NR... After 173 days of physical presence you are considered a resident alien for tax purposes....
I was on F-1 for those five years. For F-1, there is 5 year presence requirement before you can switch to 1040.
News to me... I'd like to see an IRS reference for that one....
IRS Publication 519 (US Tax Guide for Aliens) in discussing counting days for the substantial presence test, says the following:
Exempt individual. Do not count days for which you are an exempt individual. The term “exempt individual” does not refer to someone exempt from U.S. tax, but to anyone in the following categories.* An individual temporarily present in the United States as a foreign government-related individual.* A teacher or trainee temporarily present in the United States under a “J” or “Q” visa, who substantially complies with the requirements of the visa.* A student temporarily present in the United States under an “F,” “J,” “M,” or “Q” visa, who substantially complies with the requirements of the visa.* A professional athlete temporarily in the United States to compete in a charitable sports event.It also says:
Students. A student is any individual who is temporarily in the United States on an “F,” “J,” “M,” or “Q” visa and who substantially complies with the requirements of that visa. You are considered to have substantially complied with the visa requirements if you have not engaged in activities that are prohibited by U.S. immigration laws and could result in the loss of your visa status.Also included are immediate family members of exempt students. See the definition of immediate family, earlier, under Foreign government-related individuals.You will not be an exempt individual as a student if you have been exempt as a teacher, trainee, or student for any part of more than 5 calendar years unless you establish that you do not intend to reside permanently in the United States and you have substantially complied with the requirements of your visa.The facts and circumstances to be considered in determining if you have demonstrated an intent to reside permanently in the United States include, but are not limited to, the following.* Whether you have maintained a closer connection to a foreign country (discussed later).* Whether you have taken affirmative steps to change your status from nonimmigrant to lawful permanent resident as discussed later under Closer Connection to a Foreign Country. -
Hi,
My wife has her AOS interview at the end of this month, the letter says that we need a government issued ID. Could my wife show them her K3 visa at the door as a government issued ID since we are going to bring it anyway for the interview, or does she have to get an ID card/drivers lincense from the MVD as a government issued ID.
Elijah
I doesn't have to be an ID issued by the American government. Her passport will be fine.
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it really pains me to see these recommendations from people re adding the i-1485 etc to their original petitions. i called uscis and bugged them about this for a while, and i also consulted with an attorney before i started the process and all of them said to me to not send it until i was asked to. i am very annoyed, would this have somehow saved us a lot of time and grief? apparently uscis has issues with me sending the rest of the stuff to add to my file now as well, this is kind of a sore spot for me as i can hypothetically send the rest of the stuff in now but then they'd refuse to take it anyways? what BS
Don't be pained. You can only send the I-485 with the I-130 if you and your spouse are both already in the United States. If you need to bring your spouse here on a spousal Visa, you do it the way you have been advised.
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You do not need a G-325a for yourself with the AOS, only for your wife. Yes, it is four pages, the names are different offices that get a copy, they all need to be filled out. The "official" form is four part, carbonless copies. Yes, you can send all forms in the same envelope.
Friends!
This is at least the second time this has been answered in a misleading way.
It is true that you do not need a G-325A for the USC for the AOS form.
However, the OP is filing an I-130. Yes, a petition for alien relative, simultaneously filed with the AOS because he and his wife are already married and in the United States. This is different from filing an AOS after a K1 fiance visa. The I-130 requires a G-325A for BOTH the USC and the spouse. I quote from the I-130 instructions:
1. A husband or wife, submit the following documentation:What Documents Do You Need to Prove Family RelationshipD. A completed and signed Form G-325A, Biographic Information, for you and a Form G-325A for your husband or wife.OP - It would help if you filled in your timeline
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I thought the OP is talking about Filing for Adjustment of status for his wife?Why would he needs to fill-up I-130 its a petition for an alien relative?
Suppose a US Citizen marries someone who is in the United States already. If the spouse is not a citizen and not a green card holder, then the USC files an I-130, petition for alien relative, and, at the same time, files for adjustment of status. The "alien relative" in question is the spouse. If the spouse enters on a K1 visa, this isn't necessary. Not all adjustment of status cases require the same paperwork!
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Doesn't work for me, I'm using the latest Firefox. Tried it with Explorer, it worked.
... Sigh! I have no clue what else I can do to fix it. I run Explorer but the page came out clean when I verified it using a HTML verification site. I might install Firefox one day and try it out. I have heard it is great. If I have it I will be able to check things like this on my own.
Cheers!
Seakayaker-
Nice tool. You used a feature in the Javascript that only works in Explorer. I'll send you a page that should work in more browsers via a personal message.
JERIII
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your wife needs to fill out the G325A, all four pages.
the only form that you'd fill out is the I-864 (affidavit of support).
yes, all forms: i-485. i-130, i-765, G325a, and i-864, and supporting documents can go in one envelope, that's what we did too.
good luck!
The OP states that he is filling out an I-130. The I-130 requires a G-325A for both the citizen and the spouse.
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If you left for a trip to Canada after applying for AOS and you did not have AP then you have abandoned your aplication for adjustment of status. As your last entry was with intent you could be looking at visa fraud as you used a non-immigrant visa to enter with the intent of remaining in the US.
Looks like you have a bigger mess than you thought. You should seek guidence from a immigration lawyer before you go to your AOS interview.
The original poster didn't get married until November, according to his timeline, and the trip to Canada was in the summer, so he could hardly have abandoned his AOS before it was was filed.
He got married several months after the entry from Canada. When he entered from Canda he was comng in to continue the program for which he had an I-20. The fact that he knew his future bride is hardly evidence of intent to marry and remain.
OP - consulting a lawyer is never a bad idea, but don't jump to the worst possible conclusions, either.
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You do not need to prove your Bona Fide marriage with your AOS application. However you do have to at the AOS interview.
Yes. CINO is right. All we sent for AOS was the required documentation. We took the evidence that bonafides marriage until the AOS interview. No need to mail.
Actually, CINO is not completely right.
The original poster states (in another topic) that he and his spouse are filing an I-130, Petition for Alien Relative. If this is the case, they must submit evidence of the bona fides of the marriage with the I-130. (It is not required for the AOS application itself.)
I quote from the I-130 instructions:
NOTE: In addition to the required documentation listed above, you should submit one or more of the following types of documentation that may evidence that bona fides of your marriage:E. Documentation showing joint ownership or property; orF. A lease showing joint tenancy of a common residence; orG. Documentation showing co-mingling of financial resources; orH. Birth certificate(s) of child(ren) born to you, the petitioner, and your spouse together; orI. Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship. (Each affidavit must contain the full name and address, date and place of birth of the person making the affidavit, his or her relationship to the petitioner of beneficiary, if any, and complete information and details explaining how the person acquired his or her knowledge of your marriage); orJ. Any other relevant documentation to establish that there is an ongoing marital union.The I-130 Guide here on VisaJourney says the same thing.
Note that this requirement has been added to the I-130 fairly recently (within the last couple years, I think??) and many people here filed before the requirement was added. It also seems to be sporadically enforced. However, the instructions also say:
Initial Processing. Once the petition has been accepted, it will be checked for completeness, including submission of the required initial evidence. If you do not completely fill out the form or file it without the required initial evidence, you will not establish a basis for eligibility, and USCIS may deny your petition.One more thing, I and my wife recently completely the GC process starting from a joint I-130/AOS filing. We submitted a modest amount of evidence with the I-130. When we were interviewed, we were not asked for any evidence at all.
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Proof of Bonifide marriage isn't required until the Interview. You shouldn't send anything they do not ask for because (if) you get an interview they will just request it all over again.
That depends. Evidence of bona fides of the marriage IS required for an I-130 filing.
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Now, the only money you are responsible for is "means tested" benefits from a government agency (Fed/State/City).
(for example, food stamps, government housing)
If she applies for them, they will you use your income to judge if she gets them (or the amount), then, if she is allowed to get the benefits, the agency has the right to go after you to pay them back. If you don't, they can sue you for that amount.
It does not mean you have to pay your (wife/x/husband) whatever the poverty level was for your application (actual case of this posted on the site here), nor does it mean you have to pay them anything, you actually pay the government agencies, and only if they request/sue you.
What you have said seems to be a common understanding of the contract, but I'm not sure it is correct. The form says the following:
What Does Signing the Form I-864 Require Me to do?
If an intending immigrant becomes a permanent resident in the United States based on a Form I-864 that you have signed, then, until your obligations under the Form I-864 terminate, you must:
-- Provide the intending immigrant any support necessary to maintain him or her at an income that is at least 125 percent of the Federal Poverty Guidelines for his or her household size (100 percent if you are the petitioning sponsor and are on active duty in the U.S. Armed Forces and the person is your husband, wife, unmarried child under 21 years old.)
-- Notify USCIS of any change in your address, within 30 days of the change, by filing Form I-865.
What If I Do Not Fulfill My Obligations?
If you do not provide sufficient support to the person who becomes a permanent resident based on the Form I-864 that you signed, that person may sue you for this support.
These clauses of the contract seem to require much more responsibility than just the means-tested benefits (which are discussed in other clauses of the contract.)
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Sorry for your problem.
I would suggest, strongly, that your husband contact an immigration attorney.
Questions about I-130 for newly weds
in Adjustment of Status from Work, Student, & Tourist Visas
Posted
That is what we did (well, in MA it's a quitclaim deed, but same idea). You may want to wait until after the marriage, however, because there may be tax consequences to deeding the condo to someone who is not your spouse (or not, depending on your situation).