SophWeb

o.k thank u for that insight

...not sure if that was meant to be snarky or not.

Some people do fail to recognize just how important it is to get the RFE back in time, or underestimate how long it takes to procure certain documents. I was just trying to help.

I don't know the answer to question, but I just wanted to remind you that your response to the RFE must be sent in before a certain date (usually 80 days from receiving it). Make sure you can get a tax transcript requested and sent back to you well before that certain date.

is it true that your green card will expire if your are outside united states for over 6months??

No it does not 'expire'. But any extended length of stay (6 months or more) can be held against you and may result in your greencard being revoked. Part of the rules of having your greencard is that you hold continuous residence in the US.

Thanks for this post....as my husband and I and heading to Australia once my citizenship comes through....and like you....no way would I wanna go thru all this K1 stuff eva again....

Can I ask a question back to you Sophia...once back in OZ My husband will be going for Australian Citizenship...will that be the path you will go to as well? If so have you got any suggestions on making that better....I believe there isnt too much involved once youve been married for over 4 years...and living together is married in Australia....

I've done a little research and it's actually not that easy. Have you visited this site - http://www.immi.gov.au/migrants/family/

The affidavit is needed at the interview to show that the fiance will not become a public charge. As long as the beneficiary made above the 125% poverty line on their 2010 taxes (the figure is 18,383 for 2 people) you guys should be okay.

You are actually referring to the petitioner (the US citizen). The beneficiary is the immigrant. The petitioner's income is what matters, not the beneficiary.

Having a job will look better than having unemployement.

You will need to have a current job. If you are unemployed, then you must have a co-sponsor, if your consulate allows it.

I got the I-797 RFE in the mail today. I am going to attach a jpeg of it so you can read it. If anyone has advice on how to best respond to this RFE it would be greatly appreciated. I am tempted to just copy every page of my passport and call it good but then again I don't want another RFE if I can prevent it.

Just send back exactly what they are asking for - photocopies of passport entry stamps and bio page, airline ticket stubs, photos etc.

You could also send receipts of purchases made when you visited each other, tickets from things you did/saw together.

if fiance or wife does not work she will need a co-sponsor it's not going to happen

with out one, unless she has assets that reaches the 125% poverty guideline.

best wishes

Wrong.

If you are using assets, they must be worth 3 times the minimum income requirement.

The missing passport has one trip that happened in the last 5 years. I still have my e-ticket, so I will print it and take it with me like Haarp suggested. One would think immigration has at least the entry dates electronically....

I'm not going to stress out over this. I just hope it doesn't turn ot to be an issue.

Thank you all! Please keep the suggestions coming if you think of any good ones.

I don't want to be a Debbie Downer but e-ticket doesn't really prove anything. You could have bought the tickets but not actually traveling on those dates. I suggest additional evidence. Do you have photos of events on the dates surrounding that travel? They could prove where you were for those dates. For example, photos that prove you were in the US on so-and-so date.

Or a letter from your employer that states you were away from work for the travel dates, but you returned and have been consistently at your job for whatever the period of time is.

For decades, it was indeed a requirement to continue living in the USA after naturalization, but that requirement has been dropped.

I know you can't answer this with any certainty, but just wondering your opinion -

If the Immigration Laws were to change, as mentioned above, would it be likely that that would effect me? Because I know with some rules they backdate them. As in, if you had held so and so visa/citizenship before certain date, then the new rules don't apply to you.

Yes, as long as you can still have enough money to sponsor or you have a joint sponsor (providing your embassy allows it).

Agreed, so long as your income is sufficient that's all that matters.

Once you receive your NOA2, you will send you fiance your I-134 (Affidavit of Support) where you will list your current employer. If you want you could include a letter just explaining that the employer you listed on your G-325A is different to what you listed on your I-134, and just state that you changed jobs but your income is still above the minimum. It's not required to send such a letter, but feel free if you feel more comfortable doing that. (That's personally what I would do.) Plus, you probably won't have many pay slips from the 2nd job (used as further proof of employment), so that would help explain that. At the end of the day, all that matters is that your current income is above the minimum, not where you work.

The internet is a very big place... how will they even know about the website?

Type their name into google??

God knows what is involved in background checks.

yes, you can be anywhere and as long as you want without any restrcitions, however, it's highly recommened for you to file Tax Return every year even you earn the income from aboard, this is very important, it shows that you respect your american citizenship in case of any changes would ever happen in immigration laws, which happens all the time, you can be sure that you will be safe. good luck

Very good point. Thank you!

So the job prospects for my chosen field of study are not looking too bright in the future here in the US. However, back in Australia I could get a job a lot easier.

My husband and I were discussing the possibility of moving to Australia because there are better employment opportunities for me. Nothing is even remotely set in stone yet, we're just talking about future possibilities.

My issue is obviously I don't want to leave the US. I came to stay and live here and I went through this whole process, and to leave would such a waste of time and money. (And frankly I enjoy living here, if the job prospects were better I would be more than happy to stay.)

Also, I don't want to leave without first getting my citizenship, so I don't have to ever deal with red tape again should the opportunity to live in the US again arise (hubby and I both agree that if we did move to Australia, we would try to move back to the US in the future). The citizenship is non-negotiable to me. I would rather be unemployed for 3 years then not get US citizenship after all it took to get me here. So we know we're gonna be here for at least another 3+ years until I get it.

My question is - would I run into any issues if I moved back to Australia immediately after getting my US citizenship?

I understand that I could change professionals but right now I'm not considering that. I'm just wondering what would happen if we went through the process of getting citizenship and then left straight after, and any effects that would have.

Thanks for any help!

I noticed that too last week but I see you sent off AOS 2 days before me so you shoud be approved soon. I got worried when I saw that too but I was approved last Wednesday. So not sure what they are doing

That's very reassuring, hopefully mine will come soon too!

I didn't think there was any harm in appyling for the travel document as It's included in the price of the I-485. And yes I will be thankful the documents will be sent off in a few days.

No. As previously stated, applying for the AP will be pointless - if you leave the US and attempt to come back using the AP you will incur the ban for your overstay. Even if it is approved, you will not be able to use it. The AP does not override the ban.

The only way you can return to the US after leaving is with your greencard.

Bob 4 Anna, I completely agree. Our fees support the whole system, from paying for sewage to computers, electricity and wages.

I just read that csc was processing 10-28-10 applications, however that doesnt seem true when you look at igors list. But i would really like to know for myself what is going on with them.

I'm only seeing K-1 visas on Igor's list, not AOS.

What is an I-1485? I only see I-485. Also that says EMPLOYMENT BASED so doesn't pertain to K-1 fiance visa.

Honestly it looks like they are updating their pages right now because it never used to say "employment based adjustment " etc under the I-485 section.

Sorry, typo. Meant to be 1-485.

Hmmm I always assumed that since there were no other 1-485 sections that our AOS was under that category too. Where else would be see processing times for marriage AOS?

I just noticed on the CSC website that the 'Processing Time' chart has not been updated since December 31, 2010.

The website says "The charts are updated on or about the 15th day of each month."

2 MONTHS LATE?!?!

So who knows what application they're currently on.

When you scroll down the chart to I-1485 it says 'July 16, 2010'.

What the heck is going on with CSC lately?

I'm still confused...my understanding is tht because I filled out form i864 I'm responsible in supporting him while he is a US resident. This form will expire when he becomes a citizen. But my income has declined now and I qualify in the threshold to receive food stamps and energy assistance counting him and myself. I just don't knw if I am allowed to do this, because of form i864 I am his sponsor eventhough my income has changed???

Yes, you are still his sponsor even though your income has changed. The sponsorship means that the immigrant cannot receive welfare. If he does go on welfare, you can and will be responsible for paying back the amount of financial assistance he received. You, however, can receive welfare because you are a US citizen, the fact you are sponsoring him does not change that. Just wanted to clear that up first.

I think the confusion is from whether or not you would eligible for welfare if you husband is counted in your household size. As in, including him in your household size may make the difference between being eligible and ineligible for welfare - in terms of income requirements.

This is a question better asked for a Welfare Officer. Speak to them and say that you want to receive welfare for YOURSELF ALONE ONLY. Explain that because your husband is a LPR, he is automatically ineligible for welfare, however you are unsure whether or not he is to be included in the household size even though he will not be receiving any benefits. Explain that you signed the I-184 (bring a copy to show the Officer) and ask if this document means that he is counted in the household size.

Just make sure you stress to this officer not to give your husband any benefits. Double check that you receiving enough benefits/food stamps for only one person (yourself).

Was your husband self-employed?

USCIS Interoffice Memorandum to adjudicators is crystal clear that only the most recent tax year is required for filing, unless there is mitigating circumstance.

He was self employed for 2009, but not 2008 or 2007, which was explaining on the letter we originally sent in regards to his self employment - that the company he owns was only created in 2009.

I understand what you're saying, but I guess I'm just trying to make sure the OP has everything they need for the upcoming process. I would hate for them not to have all the necessary documents, and a mitigating circumstance come up, and they're left scrabbling trying to find/file all the documents. Better to be over-prepared.

There is only one sponsor at the consular stage. The USC petitioner may (depending on the consulate) have to complete form I-134, but the person with the income will be the sponsor.

Sorry, that was the point I was trying to get accross - her fiance will still need to fill out the forms. Better to be safe than sorry. They're not going to get rejected for providing too much information.

USCIS never needs to see any tax returns for a K1 visa. The consulate abroad may wish to see tax returns. Most only require the single most recent year. A few consulates require three years.

When adjusting status, only the single most recent tax return is required, unless the sponsor happens to be self employed.[/b]

My apologies, I mispoke with USCIS. But wouldn't it be better to be safe than sorry and have the three years ready just in case. It can't hurt and it will certainly help if they run into any issues down the track.

I personally received an RFE during AOS for not providing all three years, which is why I recommend it.

Yes, I have send them 2009 but they asked for additional income. Then, I send them my W2 for 2010 because that was the best proof of my income. Now, they are saying the stuff I wrote about my W2.

No, those W2s do not prove your current income. You need to send them a letter from your employer/s detailing your income, job description, how long you've been working there and that you are an employee of good standing. You also need payslips from these employers. You will also need to provide bank records for the past year to prove how much income you were receiving. It's all well and good saying you made so-and-so amount of money, but the bank records will prove once and for all what your income was because it's what was deposited in your bank account.

Perhaps add a typed and signed letter explaining that the 2009 tax return is your most recent tax return. Just say that have currently filed your 2010 taxes, but the IRS has notified you that the forms will not be returns to you until after the RFE is due.

I booked my plane ticket today for the wedding in July (making sure it is refundable as a credit if I don't get the AP expedite). Can anyone explain how the expedite process works for AP?? I have photographs with myself and my cousin who is getting married, the plane ticket booked (as mentioned) far in advance, and the wedding invitation which I can provide to them as well. Anything else I should be considering here?

Go here - http://infopass.uscis.gov/ and make an InfoPass appointment. There you will see an Immigration Officer and explain why you want an expedite. When I expedited my AP, I brought -

My NOA from AOS and AP.

A typed and signed letter explaining that you want to expedite and why.

Wedding invitation, pictures of you and the couple. Maybe even a signed letter from the couple saying they need you to attend?

When you speak to the Immigration Officer, just explain to him that you understand it takes 3 months to receive AP, but you're worried that that is cutting it close in terms of attending this wedding. Therefore you want to get the AP sooner so know you'll be able to leave. Ask that you want to fill it under the 'Humanitarian Reasons For Expedite'.

Just be friendly and cordial. I was super friendly with the Immigration Officer I spoke to and he was very helpful and my AP was expedited. Good luck!

Am I able to work for a foreign company before EAD Approval if the work is for a foreign company and is paid in foreign currency into a foreign bank account?

If I were in your shoes, I would consult a Tax Specialist. Because if income of that nature is required to be reported on your tax returns here in the US, then I would assume it would be crossing the line in terms of working before receiving EAD.