chinky_amanda
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Posts posted by chinky_amanda
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Hi all, I am trying to file AOS for my wife which came over on K-1 visa. On form I765, #16 it says
#16 go to part 2 of the instructions, Eligibility categories. In the space below place the letter and number of the category you selected from the instructions.
(_________)(___________)(_____________)
What do I put in the three spaces above, again my wife came over on K-1 visa. Thanks !!!
C9
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Yes. The I-864 must be completed by the USC petitioner.
Thank you for your response.
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Hello!
I have a friend came here in US with H2 visa last 2007 and got married to USC 2009, she want to adjust her status next month, she know about the I-130 & I-485 forms, does she need to submit I-864 (affidavit of support)?.. thank you in advance for your input.
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Congrats.
Thank you
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Congrats!
Thank you
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Happy
Timeline:
July 2008 - arrived in US
September 2008 - got marreid
Novemeber 2010 - AOS filed ( we didn't file AOS after we got married bcoz of unavoidable circumtances, no removal status)
I filed I485 and EAD application only (no I-130)
Decemeber 2010 - received biometrics appointment
received RFE for i485
January 2011 - RFE sent
February 2011 - received EAD card
March 2011 - received interview letter
April 6,2011 - interview.... APPROVED
interview: 8:00am @ Baltimore Maryland
the Night before the interview i have no sleep at all, lay in our bed as early as 9:00 pm and wait the clock to alarm at 4:00 am and at exactly 6:00am we left home. We arrived at Baltimore(USCIS building) at exactly 7:30am, the guard said we need to fall in line to get inside the building for inspection (so chilly outside,were so glad we wear heavy coat). At 8's we finally get in and proceed to room 103 and talked to the lady @ the window and she said wait and they will call our name. By the time we are going to sit the lady call us back and said to go to the room G400 and the IO is waiting for us, my husband and i used the stairs ( we didn't think about the elevator
) and beacuse of too many stairs my husband's leg bothered him, we take our time taking the steps, 2 people(lady guard & a man) behind us asked my husband if he is ok and why we didnt use the elevator my husband said we forgot and smiled.. then the man said use the elevator when you guys live the building.. we saw the G400 room and the lady guard open the door for us and the man follow us inside the room. we didnt realize that the man behind us is the IO for our interview, he saw us how we interact to each other before the interview.. so the guy call us to his room (that's the time we realize that he is the IO) he said raise your hand and blah blah.. then said take your sit.. The IO said to my husband i will talk to your wife and don't answer, i will asked you later.. The IO asked me about the info i have in our application like, what is your name, our address, my husband name, his bday, date of wedding, if my husband has kids,his previous marriage and date of the divorse. he asked me how we met, and when i told him the whole story, he said do guys have docs to show your relationship? i said yes and i gave him the of our waterbills,tithes record from our church,joint account (we opened it last december 2010), our vacation ticket confirmations. I offered him also if he wanted to see our photo albums he said its not necessary it's all ok now and he said i will make a request for your approvaland wait for 30 days .. he didn't talk to my husband which is good thing (hehe)..I was nervous because we didnt file our AOS after our weeding, I'm so thank ful he didn't asked why.
So after our interview my husband and i went to the restroom, my husband and the IO see other again and the IO said to my husband your wife was so nervous, and when the IO saw me outside he asked me if im ok, and i said im ok now and thank you...
When we arrived home i immediately open my laptop and check my status @ uscis website
Card/ Document Production
On April 6, 2011, we ordered production of your new card. Please allow 30 days for your card to be mailed to you..
Wooohooo
thank you LORD.. -
I have my biometrics appt and all i have for ID is my expired drivers and my birth certificate.
I don't now what to do.
you can use your passport.
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Hello! I have a question related to alien number. On the NOA2 we got from CSC the alien number is A027287630. However, on the visa page from my passport and I-94 form attached to my passport there is an A number A87-886-550. Which one is my alien number then? I'm pretty much confused! I really appreciate any help about this! Thank you!
Call the USCIS National customer service and ask.
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I would go by NOA2.
On my wife K-1 visa, it does not show her A# but my A# as the petioner instead. However, on the back of her I-94 it shows her A#.
Refrain from using personal identifying information. You can substitute it with xxx or different number instead.
I think the Red Ink on the Visa is your actual Visa Number.
The A# under your name on your wife's K1 visa is the A# of your wife. The alien registration number or "A-number" is an identifying number that USCIS assigns to certain aliens, such as those who apply for adjustment of status.
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Thank you for your reply, but I am not sure how this information helps us.
Generally, after biometrics it takes only a few weeks to get an new green card. Our Biometrics were done on 20 Dec,2010 so generally we should have a new card by now. Generally, you should be able to see where your case is by putting your number into the USCIS site. We can not. Generally, when you call the USCIS they can at least tell you where your case is. In our case they can or will not.
What we need to know is if my wife's green card will be good for a trouble free return on 13 Apr 2011. Or if someone has a method by which that can be discovered.
Try to go to your local USCIS and talk to them about your concern.
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Merry Christmas to everyone !!
Question: Is it normal to received the Biometrics Appointment letter after you received a RFE letter? I didnt expect to received my biometrics appt today, I received a RFE letter for i864 dated Dec. 2 and i have not responded it yet.. Is this normal?
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I have the same story. 2.5 years after got married in 90 days (K-1). Didn't send I-130, but copy of NOA2, been transferred to California. So far no problem. No RFE. As evidence i attached health insurance, life insurance, letters from my mom and sister, pictures, 401K, and rent lease with address to prove residence, because my name is not in lease.(thats why i attached copys of letters). So far BIO is done. Now waiting EAD.
Thank you for the response.. Makes me feel better.
Chase also let us open a joint account with just the SSN, no green card.
Thank you for the Information.
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My wife had an SSN, but she didn't have her green card yet, and we opened a joint account at Bank of America. Other people have also been able to open accounts at B of A without an SSN. Call around. You should be able to find a bank that will work with you.
Thank you! I will call or we'll go to Bank of America and try.
I truly Appreciate your help! God bless
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I didn't say you weren't eligible to adjust status. I said you may not be eligible to adjust based on the K1 because of the length of time since you were married. It's pointless to quote snippets of summary information from the USCIS website. Those basic information pages do not pretend to cover every possible scenario that might come up. If you like depending on information from the USCIS website then refer to their copy of the immigration law, Immigration and Nationalization Act, section 245:
You are eligible to adjust status, but you may not be eligible to adjust based on the K1 entry. In that event, they will require your husband to file an I-130 Immigrant Visa Petition. I'm not making this stuff up. It has happened to a number of VJ members who entered with K1 visas and waited more than two years to file the AOS, and it might happen to you.
You could have tried another bank. Many banks do not require an SSN to open an account of any kind. Some will allow you to open an account without an SSN, but will place a restriction on the account that you can't have any single transactions over $10,000. The reason they require an SSN is because interest payments and transactions over $10,000 have to be reported to the IRS. There is no valid basis for denying an account to someone with an ITIN, as it is the equivalent of an SSN for tax purposes. The bank officer you talked to was a bureaucrat. You should have asked to speak with a supervisor. Comingling of finances is a big deal to an immigration officer when evaluating the sufficiency of your marriage. People who have been married for two years don't usually maintain completely separate finances.
Don't expect USCIS to be sympathetic to your financial problems. As a K1 without an EAD, you don't have any business interests in the United States because you can't legally work here yet. If they look at your husband's discretionary financial decisions they may decide he didn't give your adjustment of status the level of consideration it deserved.
Again, I'm not saying this stuff to get in your face. I'm telling you how an IO might see it. Because of the length of time you've been married, they can question why it's taken so long to file the AOS, and why you haven't collected more evidence of a normal marital relationship, such as maintaining a household together.
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I understand clearly and I thank you for the information. I agree with you that we can open a joint bank accnt, I expalin that to the bank manager but unfortunately she told us that I need SSN and greencard, we are trying to find another bank to open a joint accnt using my ITIN.
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Your situation is a little different. The OP has been married for more than two years. The IO may expect to see that they've accumulated more evidence that they've lived as a married couple during that time.
chinky_amanda, I have a couple of questions. How did you file joint taxes if you don't have a Social Security number? Why did you fly to Chicago, Boston, and Las Vegas if you hadn't filed your AOS yet?
I'm not asking these questions to "get in your face" about this stuff. I'm asking because the IO might also ask them.
If you got an ITIN so that you could file joint taxes then you also could have opened a joint bank account. Very few businesses require an SSN in order to add a spouse's name to an account, and those that do would accept an ITIN. To an IO, this might look like either your husband is handling all of the finances in your home, or perhaps you are leading a separate life - i.e., living somewhere else.
If the IO asks why you waited so long to file, and you say it's because you couldn't afford it, the first he's going to do is point at those airline tickets and ask "Why?". The next thing he's going to do is wonder if someone who can't afford to pay for the AOS can really afford to guarantee the immigrant won't become a public charge.
Because you filed more than two years after your marriage they might reject your I-485, and insist you file an I-130 as well. There is a conflict in the immigration law regarding this. One section of the INA says that a K1 can only adjust to a conditional permanent resident. Another section says that someone who has been married for more than two years can only adjust to an unconditional permanent resident. If they determine that you have to adjust to an unconditional permanent resident then they can't use the K1 entry as a basis for eligibility, which means you'd need an immigrant visa petition approved - an I-130. The bad news is that they can keep the fees you paid for the I-485, and make you pay everything over again PLUS the cost of filing the I-130. Hopefully this won't happen to you, but you should be aware that it's possible.
www.uscis.gov
Who may file I485?
You may apply to adjust status if you were admitted to the US as a K-1 (fiance'(e)of a US Citizen are you are married that citizen within the 90 days of your entry.
Who is NOT Eligible to Adjust Status?
You failed to maintain your nonimmigrant status, unless your failure to maintain was through no fault on your own or for technical reasons,UNLESS you are applying because you are:
A K-1 fiance'(e) dependent who married the US petitioner within the 90 days of admission.
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Your situation is a little different. The OP has been married for more than two years. The IO may expect to see that they've accumulated more evidence that they've lived as a married couple during that time.
chinky_amanda, I have a couple of questions. How did you file joint taxes if you don't have a Social Security number? Why did you fly to Chicago, Boston, and Las Vegas if you hadn't filed your AOS yet?
I'm not asking these questions to "get in your face" about this stuff. I'm asking because the IO might also ask them.
If you got an ITIN so that you could file joint taxes then you also could have opened a joint bank account. Very few businesses require an SSN in order to add a spouse's name to an account, and those that do would accept an ITIN. To an IO, this might look like either your husband is handling all of the finances in your home, or perhaps you are leading a separate life - i.e., living somewhere else.
If the IO asks why you waited so long to file, and you say it's because you couldn't afford it, the first he's going to do is point at those airline tickets and ask "Why?". The next thing he's going to do is wonder if someone who can't afford to pay for the AOS can really afford to guarantee the immigrant won't become a public charge.
Because you filed more than two years after your marriage they might reject your I-485, and insist you file an I-130 as well. There is a conflict in the immigration law regarding this. One section of the INA says that a K1 can only adjust to a conditional permanent resident. Another section says that someone who has been married for more than two years can only adjust to an unconditional permanent resident. If they determine that you have to adjust to an unconditional permanent resident then they can't use the K1 entry as a basis for eligibility, which means you'd need an immigrant visa petition approved - an I-130. The bad news is that they can keep the fees you paid for the I-485, and make you pay everything over again PLUS the cost of filing the I-130. Hopefully this won't happen to you, but you should be aware that it's possible.
thank you for your response.
Yes I have ITIN# and we filed joint taxes. We tried to open a joint accnt using my ITIN# but the bank dont accept it, they are looking for SSN# and greencard.
We went to Chicago,Las Vegas and Boston because of business meetings. (not for pleasure)
The reason we have financial difficulties because we want our business (transportation) to pursue and we sacrifices a lot. for 2 years we lost all of our buses, fortunately this year we had the chance to file my AOS.. ( thanks to God)
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That was enough proof for us. My wife is from Sweden and we didn't have any bills or anything with her name on it. She didn't change her last name to mine. We had a lot of photos though, from the past 3 years of visits. That was enough for a conditional 2 year Green Card. We have two years to submit the necessary proof to get the 10 year card.
thank you!
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Yes.
Thank you for yor response
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I came to US July 2008 and got married Sept 2008 (thru K1 visa),because of financial difficulties we just file my AOS last Nov 1, 2010, I received the NOA dated Nov. 10, I havent had my biometrics appointment and interview yet.
My concerns are :
My husband haven't added my name to any bills or anything and doesn't have a joint bank account because I dont have a SS#.
The document that shows our name was the tax-1040 (2008 &2009),our Christmation Certificate,tithes and offering letter from the church and Airline booking confirmation for our trips to Chicago, Las Vegas and Boston.
We have pictures to our wedding, family gathering and special occasions. We also have letters ,cards and invitations (Mr and Mrs)
enough proof?
Please help!
Thank you
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lastnight, at 1 am,I called the immigrant visa call center at 1-888-877-9888, and listened to no less than 9 tagalog messages, and one message in English that said to continue in english press 3. as you may have guessed by now, pressing 3 resulted in continuing in tagalog. naturally i thought i may have made an error, so i tried it again over and over. on about the 5th try, after i'd tried to translate the tagalog instructions, and even entered my credit card number when told in tagalog to do so, but couldn't understnd the response, and i was trying to pick out enough tagalog words, that i understood, to attempt to go on if they werent going to give me any english instructions. in tagalog they said to press 1 to continue in tagalog. i did and that selection also continued in tagalog. the third option was to press 2 for US Citizen services, which did, in despiration, and was told in english there is no US Citizen services available at that number, so call another number.
The bottom line is that lastnight atleast, there was no way to reach the call center and recived useful information or schedule anything. has anyone experienced this, and did i call the wrong number? i hope it may have been due to the day before being veterans day in the USA. but wahtever caused it we are now into another weelend with no interview scheduled, and november is half gone.
My fiancee passed her medical exam with flying colors, wedensday, but is running out of money on the manila economy, while im struggling with reaching a site that naturally speaks tagalog, and trying to get them to speak english, by pressing buttons on my phone in a blind menu, and cannot simply ask for instructions in english, and my fiancee cannot possibly call, because she, like 80% of filipinas, has a prepaid cellphone instead of the landline required to call the embassy and have it charged to that landline, and she doesn't speak tagalog either. her native dialect is visaya.
i understand its good to have the option on luzon, where most filipinas calling in,locally, will speak tagalog, of talking to a tagalog speaking call center, but surely there is some option for the entire rest of the philippines and US citizens who speak English and not tagalog.
weve worked on this for a year, and i just dont want to lose it all by papers expireing as we try to schedule the interview in the last moment, as our finances are in danger of disolving. i read on the embassy website that some sort of change is comming in the scheduling process in december, but no indication of what sort of change. my fiancee went to manila ahead of time with her cousin as a guide, now the cousin is in the hospital and shes watching the cousins baby, it just gets more fun by the day. if im able to break through the instructiuons in languages i dont completely understand, and get an interview scheduled i'll feel better. i guess one reason its soo frustraiting is that were soo close to success and now seem at an impass, while time keeps ticking on.
Callers can speak with an English or Tagalog speaking operator. The service is available to the public from 8:00 a.m. to 6:00 p.m., Monday to Friday, Manila local time.
Last nyt here for was Saturday am/pm in Manila.. try to call Sunday night and its Monday morning there.
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Good day, Here is my question/concern. Since my only income is from Social Security Disability I have not had to file income tax form the past few years.I had checked with the IRS and they assured me that I did not have to file. From what I understand I must submit recent tax returns. What should I do ? I don`t expect to get the NOA2 for a few months yet. Should I file a 1040 now just to show I had filed a return and to prevent any delays ? Any advice you can pass along would be appreciated
Call the National customer service center 1800-375-5283 and ask them about your concern...
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Just a little confused, how can the mothers uncle's Son-In-Law be classed as his dependant? You should be fine with both as sponsors but at the same time what are the ages of the dependants? As for which form your name needs to appear on, its both. A joint sponsor may submit an Affidavit of Support to sponsor all or some of the family members if the primary sponsor does not meet the income requirements. A maximum of two joint sponsors per petition can be used. Each joint sponsor is only responsible for the applicant(s) listed on that joint sponsors Affidavit of Support.
Hello Everyone,
I am Canadian and my Wife is American. She is sponsoring me, we have 2 kids but she is not working. She is living with her Mother in US. I need help to fill i-864
here is our situation!!!!
her mother is signing as co-sponsor since my wife is living in the same house hold. My mother in Laws income is 22,000 which is not enough to cover 125% poverty level. we are total 5 members of household. my mother in Law, my wife, two kids and my self.
we are also adding joint sponsorship. He is my wife's uncle. He have 3 dependents..his daughter, son in law and grand daughter and his income is 31,000 so total household member including me will be 5.
1) i need to know if we should add 22,000 plus 31,000 and I will be fine to have the support.
2) I should be added twice on both forms i-864A for co sponsor, and i-864 for joint sponsor.
any help is appreciated.
thank you
Call the National customer service center 1800-375-5283 and ask them about your concern...
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Me and my fiance are getting married on friday! My visa waiver expires on the 23rd on november just 11 days after, do you deffinatly need to send it so it is received before VWP expires or can it be a a little later? We arnt going to have the marriage certificater back in time to send with entire pack for I-130 and I-485. Can we include something in the cover letter? If you dont include any kind of document no matter how important will they just request it or deny your application? Please help we are so scared, as we have so little time. Thanks.
you said your visa will expires on November 23? how about your I-94? make sure your I-94 is still valid.. no worries as long as you get married before her/his I-94 is valid.
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Hi again!So i sched my fiance's appointment for next week already and when asked if he already received a letter from manila consulate that its ok now to sched his interview i said yes.(but he hasnt)Now Im worried if they really do have our case...Would their system still show in their computer our INFO if it didnt?It has been 5 days since NVC sent out our case.Can i call NVC if manila received it?
Hmmmn, Im really worried now.
pls help.Any comments will be greatly apppreciated.
Based on my experience, i didn't received a letter from Manila Consulate too, my fiance send me a copy of the Notice of approval from the USCIS and set the interview appointment, I downloaded all the forms that I need to www.uscis.gov
If you want you can call the National customer service center telephone line 1800-375-5283 and ask all the question you have in mind.
AOS form I765 Application for employment Authorization
in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas
Posted
a6- if you are filling within 90 days from the date of entry.