SophWeb

Yes three people, sponsor, spouse, immigrant.

Is that spouse of immigrant or spouse of co-sponsor (also a co-sponsor)?

As in, if the OP is having them both file as co-sponsors then the total income would need to meet the minimum for at least a four person household.

Couple (the 2 co-sponsors) + immigrant + spouse/fiance of immigrant = 4

Also, OP - if this couple has any children that they file as dependents on their tax, they will need to count these children as additional household members and the income minimum will increase.

Yes they can add their income together.

If they file a joint IRS return, it should show total income as a couple.

If they file Return as married filing separately then one provides an I-864, and the other provides I-864A

If a couple files that would count as an additional two people in the household, yes?

So beneficiary + couple = 3 person household?

Will the I-693 test for marijuana?

Drug testing is not a part of the standard medical, but the doctor will ask you about any drug use and that is grounds for denying your visa. The U.S. is super strict about drug use. You can get denied citizenship for 5 years by being convicted of possessing even a small amount of marijuana.

I have read on here of a case where they did drug test because the person came to the medical looking stoned - he had smoked the night before.

Also, it's not recommended that you lie. Lying at any point during the Visa or Green Card process is misrepresentation and grounds for a lifetime ban from the U.S.

Best advice - stop smoking immediately. Tell the doctor that you do not use drugs anymore, but have in the past. If for some reason they decide to drug test you, so long as you had not smoked in that last month, you should be fine.

Hi.....I filed the AOS and it was on record with USCIS as of Jan.14th....I received my biometrics appointment for Feb.7th. Now I am wondering how long we have to wait to hear something and what the next step is? When I check my case status on USCIS, it is still saying my papers were submitted Jan. 14th.......how do I check if there's been more recent checks? I see a lot of people write that their file is "TOUCHED" but no clue what that means and where to find it out....any help would be nice I am anxious to get my green card and start working!

Was your bio appointment for your Employment Authorization (I-765)? If so, expect it soon! EA generally come within a month of getting your biometrics done.

Checking your case status online is usually the best way to see if your case has been updated. Howeber, some people's cases statuses have remained on 'Initial Review' even after they were approved and received their Green Card though

Alternatively you can call the National Customer Service Center at 1-800-375-5283, give them your receipt number and they can check your status.

'Touched' means that something changed when you checked your case status online. It generally means someone is processing your case. It's a good sign, it means that it's not just sitting there.

I filed my I-360 Petition for Amerasian, Widower, or Special Immigrant VAWA case with USCIS on June 11, 2007 and I finally got my approval on September 8, 2010 (I waited three years and three months for my approval), then I filed my I-485 on October 12, 2010 (more than 4 months ago) and I have not received my green card yet. I went to the interview on 2/11/2011 and the officer told me they need more evidence, wich I already submit on 2/16/2011, but what I don't like is the paper that the officer gave me, it says "After sumitting your documents, you may inquire about your case no sooner than 180 days after the date of this notice or the time period indicated only by making an InfoPass appointment through www.USCIS.gov.

So, besides the 3 plus years I waiting for my VAWA Case, more than 4 months already waiting for my I-485, I would have to wait 6 more months, I do not think that is fair.

What can I do in order to expedite my case.

Expedites are only granted if you meet one of the following criteria -

* Severe financial loss to company or individual

* Extreme emergent situation

* Humanitarian situation

* Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States

* Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)

* USCIS error

* Compelling interest of USCIS

Waiting a long time doesn't really fall under any of those situations. There are many people here in VJ who have waited years for visas or greencard and there's not much they can do about it. IMO, they won't approve an expedite. They're only going to care about your current application (and how long it's taking), not previous ones that were already approved. And your AOS is well within the current time frame for normal processing.

If you still want to take a stab at it, you could get your senator involved, explain your situation and see if they can do anything.

Or you could make an infopass appointment. But they're most likely going to tell you there's nothing they can do since you're not out of that 180 day time frame. If you feel compelled to do that though, bring evidence that your I-136 took a long time and how not having a green card adversely effects your life in the U.S.

Where did you read that? Granted I got mine last year (2010 that is) but it was still 12 months then

I received my EAD 2 weeks ago, and it has 12 months validity. Doubt much would have changed in the last 2 weeks...

hi!

i just moved to the state of new york and had some health related issues so had to go to the hospital. was sort of an emergency.

i got left with a $1400 bill.

the financial aid department with in the hospital set up an appointment with me and we filled out a medicaid application.

i asked her about the 5 year permanent resident thing. (i've read in multiple different forums that you must reside in the US for 5 years after you recieve your green card to qualify in the first place. i just got my card august of 2010).

she said she has never heard of it and just told me to go ahead and try applying.

i just got a mail the other day saying that i was approved for medicaid.

i have no clue how i was approved in the first place since i've only been a permanent resident for 6 months.

i'm not sure if its because the state of new york has several different programs that are medicaid but has variations.

like the state of new york has a PCAP program for pregnant women regardless of immigration status. u can be a citizen, a legal resident or illegal resident, they will cover you, and my guess was that you dont get hooked under the "means-tested benefit" b/c it wouldn't be right for them to bill the legal residents later, when they can't do that with the illegals.

now my question would be, where or who can i call to ask if me using this medicaid would get me stuck with the "means-tested benefit" thing and then unfortunatley have my husband stuck with the huge bills later?

thanx in advance.

What did you tell them was your income? To qualify for NY state-medicaid you must not make above $10,595 for a two person household, so I'm assuming you told them that your current income was below that. If you did, that's fraud. You have to declare that you have sponsor. And your sponsor would have had to prove they make at least $18,212 (for a two person household), pushing you over the income limit and making you ineligible.

It may not make you a public charge, but it is still means-tested, and whoever signed your Affidavit of Support promised to support you so you wouldn't take advantage of these welfare benefits.

"U.S. Federal law requires that a portion of the sponsor’s income and resources be included in determining Medicaid eligibility for the immigrant regardless of whether the sponsor shares any income with the immigrant. In effect, sponsor deeming can push an immigrant over a state’s income or asset limits for Medicaid, even when they are very poor and have insufficient resources to pay for care."

I honestly feel that there is more information, from personal experience and research, here in this community than any lawyer could give me.

Did you file an online change of address as well as phone it in? You need to do that.

You really should not have left while the AP case was pending, if they rejected your AP case you could be really stuck.

OP states that she a permanent resident, which I'm assuming means he/she has a Green Card. As a GC holder, you do not need an AP to re-enter the country. They could fly back tomorrow and shouldn't have any problems coming back in the U.S. A re-entry permit is different.

As a GC holder, you can legally leave the country for up to a year without being denied re-entry. After a year, they will not let you enter without a re-entry permit. That is technically the law, but most people here on VJ do not recommend leaving for more than 6 months. This is because anything more than a couple of months raises red flags, (and any extended absence can be held against you when you remove conditions or apply for citizenship) and you may get questioned (or your GC revoked) when you want to re-enter the U.S. using your GC.

You haven't told us why you are living abroad, but unless you're taking care of a sick relative or something of that nature, then living out of the U.S. for a year or more (which I'm assuming is what you intend to do because you applied for a re-entry permit) is a problem. You must maintain residency while you are a permanent resident. They sent the notice to your U.S. address because that is your permanent address. You must keep a permanent address within the U.S. to meet the residency requirements to keep your Green Card.

Go ahead and try but I wish people would reserve expediting AP for actual emergencies to get home and things of that nature.

Expediting an AP isn't like applying for a Visa or Greencard. It's not on a first come, first serve basis. When you make an InfoPass appointment, they generally put the request in right then and there and then you get your decision very soon after. Applying for an expedite doesn't slow down over expedites. Expediting your AP is also not that common, most people are okay with waiting 3 months. The real issue is whether or not it will be approved. Generally they only approve them for family emergencies. And even then, I've read cases on VJ about them getting refused because the relative wasn't dead yet...

OP - As soon as you file for AOS and receive your NOA, make an InfoPass ASAP to talk to an Immigration Officer about expediting your AP. Make sure you bring evidence of the wedding (invitation etc) and maybe even photos of you and the bride/groom to prove your relationship with them. Best of luck!

"Legal permanent residents (immigrants with green cards) are ineligible for Medicaid or SCHIP during their first five years in the U.S. After five years, they become eligible for Medicaid and SCHIP if they meet the programs’ other eligibility requirements."

and then goes on to say -

"Many legal immigrants, especially those who come to the U.S. to be reunited with family members, have sponsors who pledge to support them during their transition to the U.S. Federal law requires that a portion of the sponsor’s income and resources be included in determining Medicaid eligibility for the immigrant regardless of whether the sponsor shares any income with the immigrant. In effect, sponsor deeming can push an immigrant over a state’s income or asset limits for Medicaid,

even when they are very poor and have insufficient resources to pay for care."

This is the source - www.kff.org/medicaid/upload/7492.pdf

Basically, if it's a means-tested program, your safest bet is to leave it alone. USCIS forces you to provide a sponsor to prove you won't enroll in these low-income programs.

Your mother-in-law has a legitimate concern - if you went into the program, then the Government is well within its right to force her pay back the cost of your medicaid assistance.

I'm sorry

Honestly, you are cutting it extremely close. The current time frame for APs is about 3 months after filing AOS, putting you right in July.

Another option - move after the wedding. Your K1 is valid for 6 months after it is issued to you, meaning that you have 6 months to enter the U.S. If, judging by what you said, you interview is at the end of this month, your K1 visa should be valid until August (MAKE SURE YOU DOUBLE CHECK THE EXPIRATION DATE ON YOUR VISA ONCE YOU RECEIVE IT).

I know that means waiting longer to move, adjust status and be with your loved one, but it's a safer option

You'll need to reschedule the interview which is dangerous because sometimes that doesn't work well. Your husband should find a way to come to the interview. If he isn't there you will be denied. The only reason he would be excused is if he's on military orders and you would need to take proof of that to the interview.

Is this true for every case? They will deny you if the USC is not present at the interview?

I'm not worried about myself, just curious.

I received my Bio on 15th Feb. Waited for almost a month and was told over the phone that i may take 2 months. I am hoping to get EAD by March end. Not working for 5 months is really a pain.

You received your letter for your bio on the 15th? If so, what date is your appointment for?

2 months seems excessive. I went in for my bio appointment and then had the EAD card in my hand within 2 weeks.

I agree with the above comments. You're still well within the current time frame for EAD (around 3 months).

When you do get your bio letter, they usually give you 2-4 weeks notice for the appointment. And then after the bio appointment you generally get your card fairly quickly. I had my bio appointment and then had the EAD in my hand within 2 weeks.

It sucks waiting, but don't stress yet, you're still on track to get your EAD within the given time frames.

It is very hard for me to take time off of work. I was just curious how many times (in your experience) you met with your lawyer. Thank you.

I'm fairly certain that that majority of people on these forums didn't go through a lawyer - we used the guides listed on this site. Anyone who did go through a lawyer did so because there were complications in their cases.

Read up on the guides provided here and see if you can do it yourself. There is a wealth of information not only in the guides but also from the community of members. It's not that difficult and if you have concerns or questions then 99% of the time someone here can answer them from personal experience.

So no Bio, no EAD? I have not received Bio letter and eagerly waiting for EAD.

When did you apply for your EAD? They generally get approved within 3 months.

Just giving a holler out to any Aussies in Texas??

I'm yet to run into a single one! Where are we??

My case was transferred to CSC on Feb 2. It seems like there have been quite a few VJ-ers transferred around this date. Hopefully this is a good omen

This may not help, but I thought I'd share my similar experience.

I had this same problem, we got a RFE for not sending USCIS the 2010 forms.

I didn't think we would get our W-2 back in time so we photocopied the tax forms that we sent in for the 2010 tax year and then sent those in for the RFE. We're still waiting to get approved for AOS, but it seems they accepted the photocopy for the RFE.

My point is - I got a RFE for not providing the 2010 W-2. I would wait.

From what I've read it really seems hit or miss when it comes to getting your GC early after transfer to CSC. Some people received theirs within a couple of months and others are still waiting. Mine was transferred there at the start of this month so I'm your boat! I'm trying not to keep my hopes up but I'm checking my case status online everyday

No it will not.

UPDATE -

I just checked my case status online and now it's saying my application "was transferred and is now being processed at a USCIS office." There's no date.

Does this mean it was transferred back to my local office?

If that's true that would have to be one of the stupidest things I've ever heard of. What a waste of time and money to send it all the case to CSC only to turn around and send it back 2 weeks later.

Just wanted to add to the post.

If you really need help paying for school then it's a good idea to wait until you receive your greencard to attend.

Sundrop is right, you cannot get federal aid until you have your greencard. There's no way around that.

You have to apply for federal aid through FASFA, and they will say you do not qualify for Aid if you do not have a greencard to prove you are a legal resident.

Some colleges do offer 'in-house' student loans. My personal experience with this - I was denied as I don't have my greencard yet. I was told I could not receive student aid directly from my College if I did not qualify for Federal Aid through FASFA.

Unfortunately each College is different, and state by state is different too. So my experience may be very different to yours. Your best bet is to talk to a financial aid officer at the school/s you want to attend and get some more information. Ask them what grants/scholarships are available. Confirm that once you receive your greencard, you will qualify for in-state tuition (the cheapest). They may tell you that you need your greencard to receive these grants etc, but at least you'll be well informed. That way when you receive your greencard, you can apply for all the Aid and Grants you need and attend school.

Just wanted to add to the post.

If you really need help paying for school then it's a good idea to wait until you receive your greencard to attend.

Sundrop is right, you cannot get federal aid until you have your greencard. There's no way around that.

You have to apply for federal aid through FASFA, and they will say you do not qualify for Aid if you do not have a greencard to prove you are a legal resident.

Some colleges do offer 'in-house' student loans. My personal experience with this - I was denied as I don't have my greencard yet. I was told I could not receive student aid directly from my College if I did not qualify for Federal Aid through FASFA.

Unfortunately each College is different, and state by state is different too. So my experience may be very different to yours. Your best bet is to talk to a financial aid officer at the school/s you want to attend and get some more information. Ask them what grants/scholarships are available. Confirm that once you receive your greencard, you will qualify for in-state tuition (the cheapest). They may tell you that you need your greencard to receive these grants etc, but at least you'll be well informed. That way when you receive your greencard, you can apply for all the Aid and Grants you need and attend school.