SophWeb

Your citizenship eligibility will reset to day 1, means after you come back from your trip if married you will have to wait 3 years from the date you entered, 5 years if not married to same US Citizen from the date you entered. I haven't traveled outside this country since I entered with my k1 visa and possibly will have my citizenship before I leave for any trip.

That's not necessarily true. The citizenship clock only resets after a certain period of absence, not the second you leave the US. I cannot recall the exact dates. But for example, I could travel back to Australia for a month to visit and I know my citizenship clock would not reset.

ADDING -

VJ guide says -

If you have taken any trip outside the United States that lasted six months or more since becoming a Permanent Resident, send evidence that you (and your family) continued to live, work and/or keep ties to the United States, such as:

An IRS tax return transcript or an IRS-certified tax return listing tax information for the last five years (or for the last three years if you are applying on the basis of marriage to a U.S. citizen) OR Rent or mortgage payments and pay stubs.

So basically, so long as you can prove you still maintained residency, you can leave the US for an extended period of time.

According to USCIS, yesterday, my adjustment of status card was ordered for production....just last friday, my EAD was approved for production.....does this mean there's no final interview????

You mean your green card? Then yes, correct! Congrats!

People who are adjusting based on an approved I-129F (leading to a K-1 visa) petition do not need to include any proof of bona fide marriage, like the poster above.

People who are filing I-130/I-485 concurrently (like everyone in this forum), DO need to include proof of a bona fide marriage. Therefore, suggestions here should be appropriate for concurrent filers, which is different from K-1 visa adjusters advice.

The I-130 instructions state on page 3, "In addition to the required documentation listed above, you should submit one or more of the following types of documentation that may evidence the bona fides of your marriage:" It goes on to list suggested evidence. Strictly speaking, it is not required, but they specifically say you SHOULD send in proof for your I-130. It's not a secret trick, just following instructions literally.

I see. My apologies. I take back what I said, and I will remember this in the future.

No, do not put your father's name in current. Legally, she is single. That may sound strange but since your father passed away, she is legally able to marry, and since she is not married, she is legally single. Hope that makes sense. You will put your father's information in the former husband section.

If you cannot find out her mother's maiden name, just write 'unknown'.

E-tickets are just to show proof of a bona fide marriagea nd 4-year relationship - the type of proof you personally submit is up to you, and the only proof that is specifically required as an attachment to the AOS package is a copy of your marriage certificate. We did a bit of "front loading" - i.e. sent in what ever we could think of to make sure there are no questions of our relationship being valid. Some people don't sent much of anything with the AOS, and bring the evidence to the interview - or, send it if / when they get an RFE.

Same goes with affidavits - there is no required number, and it's not really required at all. It's up to you wether or not you want to add affidavits to your AOS package and if you feel those are needed to show your relationship history. We had two from people who attended our wedding at city hall, and the two other ones were from both of our dads.

OP - it's really up to you what you want to send in. Technically they don't even ask for any proof of a relationship with the AOS package. The interview is when you give them all that evidence and they ask you questions about your relationship.

Some people (especially those from high risk countries) choose to add all the evidence in that AOS packet, which is fine too. You will not be penalized for it.

Personally, I didn't send in any proof of our relationship at all. Just proof that we were married (marriage certificate). My AOS was approved in 6 months with no issues and no interview.

I guess I need to update the timeline. Yes I have sent everything in my k-1 petition and everything. I am just assuming that the IRS will see my error and send me a letter telling me to correct it. that is what they usually do. Sometimes this letter comes a year later though. I just don't want it to cause problems with getting the Visa.

I would be pro-active and contact IRS and tell them you realized your mistake. That way if it IS an issue with USCIS (don't see how it would be since all they're checking is your current income, not whether you filed your taxes correctly), then you have the correct Tax Return ready to show them.

USCIS doesn't really care about stuff like that. They don't even take into account massive debt or anything like that when they look at income. Don't sweat it, just get it fixed asap in case you need it in the future.

Today we send our I-485 and I-130 packet(at long last)

Were sending it with USPS, what is the best and most reliable way to send it so we can keep track of it?

Thanks

USPS does offer tracking services. Just go into the Post Office and tell them you want to be able to track the package. There are several different options from just being notifed when it arrived, to being able to track it along the way. They range in price so it's your call. They can give you all the information for the different options.

Personally, I just got the option where they notify you when the package has arrived at the destination. Made me feel better knowing they didn't loose it in the mail!

I just realized that I made a mistake when filing my taxes this year. It was a 1,000 mistake. Do you think this will cause me a problem with my k-1 petition for my fiance. I make well over the poverty level, so my income is good enough. I was just wondering if this would come up in a background check or anything.

Well first thing - contact IRS and correct the mistake. Or you could be looking at Tax Fraud.

Second - you have not updated your timeline, so I'm assuming that you have not sent your petition in yet. If that is so, then I would wait until you have an accurate tax return. Since you make well over the minimum regardless of your mistake, you have nothing to worry about, but you must send in an accurate and truthful application. Knowingly sending in an incorrect tax return is a no-no.

There isn't a problem with our co-sponsor but for mental health's sake, it would be nice for her to not be burdened with supporting me. It would be much better if it was only my husband, in theory, who was supporting me.

Fairly certain that you can't remove a sponsor.

But for your Aunt's peace of mind, tell her this -

Technically, your Aunt doesn't actually have to do anything to be a co-sponsor. She is not obligued to give you financial support etc. Basically, the only thing the Affidavit of Support is good for is ensuring that the Immigrant does not take advantage of any welfare programs here in the US. The government wants someone to track down so they can recover their $$$$

So long as you don't become a charge of the state (get food stamps, medicaid, welfare etc etc) then your Aunt literally has to do nothing, and has nothing to worry about.

Plus, 3 years after you receive your greencard, you can apply for citizenship, and then the Affidavit become null and void.

Thank you everyone! This is great news! This whole process is so nerve racking. Hoping I get the correct forms etc...

One other question, is there anywhere I can go (Here in Boston, MA)where I can have someone official check my forms before I end them in?

No, but if you follow the guides here and double check them against the example forms (http://www.visajourney.com/content/examples) then you should have no problems. If anything is incorrect, then USCIS will contact you and ask for further/correct information.

That is so strange.

I have a fairly large scar on my wrist and when the doctor was asking me the questions about suicide and all that, I answered honestly and said yes, I had attempted many years ago when I was a teenager. And then that was it. He cleared me for my medical and I've had no problems getting my visa and then greencard.

Any extended period of absence can be held against you.

Yes, usually people say that up to 6 months is fine, but anything more than that then Immigration looks a little deeper. Over a year you need re-entry permit.

If you intend to be away for close to 6 months, I would just make sure you have some proof of your family situation when you re-enter the US, so Immigration knows you were there for a valid reason. Like something medical related, saying that a family member was ill. Even a note from a doctor. That may seem like excessive over-kill, but it's just a quick note and it may save you future headache when you try to re-enter. Better to be safe than sorry.

You need to send her any evidence of your ongoing relationship, because she will be asked about that at her interview.

Chat logs, photos, letters, emails, cards, etc etc.

think you're right, hope it just separated, and will receive that too or who knows maybe this is it, i just didn't want to wait more for that too

you're right i just called them, they are really useless, she insistingly said the same thing over and over again, `if they need you to take another biometric they will let you know` well duh, tell me something i dont know....

but i will definitely take my NOA1 for I-485 and let them know that never received the biometric for that.

When you go in, ask to speak to a supervisor and explain the situation.

I had the wrong A# written on my biometric receipt and I explained the situation to the supervisor and he instructed the person doing my biometrics to manually change it in the computer she had in front of her. While there I had a quick snoop at what she was entering on the computer and it seems like they add just about anything in from there. I know it's not exactly the same situation, but it seems like the people at that office have access to your file which is good news/

Definitely bring your NOA1 for I-485 and explain the situation because they may be able to make a note of it so you don't have to have another biometric appointment.

You can do that, if you can show proof of both of your returns to the UK.

Yes, definitely. But that's easy enough, just bring proof of renting, employment letters etc. Plenty of people come to Vegas to get married and the US doesn't bat an eyelid.

You will have to settle in the UK for a while though before trying to move to the US, I reckon.

Why? That doesn't make any sense. There is no 'minimum years you must be married' to file for a Spousal Visa. You only need to prove that it is a bonifide marriage, and that can be done through pictures, rental agreements, joint bank accounts etc

You could always fly to the US together, get married here (which is perfectly legal so long as you have no immigration intent), and then go back to the UK as a married couple. I'm almost positive that the UK recognizes US marriage certificates so long as they are officiated properly.

That way you wouldn't have to worry about dealing with a UK marriage, but you would still be considered married, and therefore qualified to apply for a US spousal visa.

Agree with above.

I would just like to read at least one case or story of somebody who used a prenup to lessen the blow of I-864 after a divorce. It would offer some comfort. Maybe there are no such cases.

How do you want to 'lessen the blow'? As in, not make the USC accountable for repaying benefits the immigrant may take advantage of?

I think you tried to do the right thing - did you think that he needed the K-1 to be able to enter and marry in the US? While you do need a K-1 to do that, it only applicable if you intend to immigrate and STAY in the US. He can enter on a tourist visa and marry you so long as he has no intention of staying in the US.

I agree with above advice - just have him come over on a tourist visa, marry, leave, and then apply for a spousal visa once you are both ready for him to like in the US permanently with you.

I know at one point or another we have probably all asked questions that the answers are available on visajourney, but this question seems to come up time and time again! Are people not doing any research at all? Why in the world would someone think that a visa for a FIANCE is ok to use for a SPOUSE? Sorry I just don't understand why this particular question is asked so frequently...it states specifically in the instruction who can and can't apply. Come on folks lets take a little responsibility for ourselves here and take 60 seconds to ready the forms before we ask questions that aren't needed to be asked.

I completely agree. I don't understand why so many people try to circumvent the system. Yes, it is hard being away from our loved one. Yes, we want our wedding to be there sooner. But no, you cannot play fast and loose with immigration laws. There are no loopholes. It is what it is and we all have to deal with it.

Better to be safe than sorry. Just put yes and say you have the degree. And maybe include how you used said degree for your employment - as in, worked mixing pharmaceutical drugs. So they know you didn't use your Chemistry degree to make biological weapons

I highly doubt it's going to affect your decision, especially once they see that you got a simple degree in Chemistry and you used it in a very simple way.

That's what I would do.

That is not related to this question. The reason I have not given any more information is because I have to sort out some things first. Once I am able I will post in more detail.

It is related - it told us that the reason you were denied was due to a criminal conviction.

Yes, you need to consult with an immigration attorney, but if you provided more information then someone here could possibly give your more information, which would help you out. I understand this is a very stressful time, but if you want help here, you need to help us out too by giving us some more information...

If you follow the AOS guide, and send everything listed, then you are sending everything you need to send. No more, no less.

I think you may be referring to proof of an ongoing relationship. You present that evidence later, at the interview stage.

Your main issue is proving that he is not going to immigrate on either the Visa Waiver or the Extended Stay Visa.

Because the POE officer may ask 'why are you here/who are staying with', and once you say 'girlfriend/significant other', they're going to want him to prove that he has strong ties to Australia and is not intending to permanently immigrate. These strong ties would include employment, rental agreement, K-1 NOA etc. If he can't prove it with evidence, then they will deny him entry. It's unlikely, but not outside the realm of possibility. They don't usually give us Aussies too much of a shakedown

If you decide to apply for the B-2, you can do it before or after your apply for the K-1. It doesn't matter. This is because the I-129 is a petition, not a visa application. When your fiance goes to the Embassy in Sydney is when he actually 'applies' for the Visa.

You will need to get fingerprinted for the police check, but that can be done outside the country. You would need to go to a local police office in the US, have them take them, and then send them in with your police check application.

If you decide to go this route, make sure you write that the fiance's permanent and mailing residence is still Australia. That will further prove that him coming to the US is only a visit, and he is not 'living here'.

Does she have family member still living in Suriname? The US Reciprocity website says that family members can apply for one.

http://travel.state.gov/visa/fees/fees_4881.html?cid=3679