Stephen + Elisha

Got the text message last night - On December 17, 2012, we ordered production of your new card. WHEW!!!

YAY!

I know - so relieved it's over for a while! I believe they judge these by the pound. When I sent in the initial paperwork, I didn't send in too much but what I thought was enough. After the RFE - I sent in SIX POUNDS of paper!

You may be on to something... Terry was probably about 10 pounds when we filed, more like 20 when we got approved!

In the case of the I-751, the biometrics fee is always applicable. You do biometrics again for the I-751, so you'll need to submit the $85 (not $80) biometrics fee along with the $505 application fee for a total of $590.

If you're on iOS 5 or 6, set up iCloud and Photo Stream. Then, every time you take a screenshot, it'll be wirelessly synced to the folder you've designated on your computer.

Question 1:

My husband is filing a petition for me for permanent residence. We are kinda confuse in Affidavit of Support i-864 number 21. Household number. We are only 2. and he is only petitioning for me. it says ENTER

(a). Person you are sponsoring in this affidavit = 1

Person not sponsored in this affidavit

(b). you (his self)= 1

©. if you are currently married enter 1 for your spouse= 1

(h) Add together lines and enter the no. here= 3??? Household size

which one are we going to use? household size 2 or 3? we are only 2 but total is 3.

I don't know which poverty guideline are we going to use.

Read the first line of Question 21. That's your answer.

Also, you're attempting to adjust from a student visa, not a family-based visa (i.e., a K1 or K3). There's a forum for that.

:thumbs:Why would you not be granted a I129f?

The OP had their petition sent back to USCIS by the consulate after the initial interview. They've been notified that a Notice of Intent to Deny (NOID) is in the mail, though AFAIK they haven't received the hard copy yet.

Previous thread: http://www.visajourney.com/forums/topic/401915-i-129f-termination-letter/

I'm not an expert, but I would think the key evidence would be anything that shows you departed the US within your authorized period of stay (the date stamped on your I-94 and/or your passport). The link I posted states you can also submit an explanatory statement along with (not instead of) your evidence, but I'm not sure how advisable it would be to explain to them that you were just passing through the US as a means of gaining entry without inspection to Canada. You probably want to tread carefully here, and beyond following the CBP instructions you may want to consult an immigration lawyer to advise you on just what you should submit. In any case, you'll want to submit your evidence of lawful departure prior to applying for any visa abroad so your record will be clear.

Yes, the dates for removal of conditions and citizenship eligibility are based on the "Resident Since" date, which is the date of AOS approval for K-1 visa holders who adjusted status in the US. I've heard of one case where the AOS decision took a long time and USCIS backdated the "Resident Since" date on the green card, but that's the exception. In any case, you have to go by the date on the card, not the date of marriage.

Did you turn in your I-94 when you left the US? If so, there should be a record of your departure. In that case, your US immigration record should be clear: you entered on a valid visitor visa, and departed within the period of authorized stay.

If you did NOT turn in your I-94, you may have a problem. If you left the US by air or ship, there may still be a record of your departure since international carriers provide passenger manifests to CBP. But if you just crossed the border, there may be no record of your departure and there may be an issue, in which case you'd have to provide some kind of documentation proving that you did depart within your authorized period of stay.

The following link may be of assistance: https://help.cbp.gov/app/answers/detail/a_id/752/~/i-still-have-my-i-94

It's hard to say for sure until the official notice comes in the mail. But are the words "termination letter" directly from the email or your own words? Did the words "Notice of Intent to Revoke" appear in the email?

Here you go! http://www.visajourney.com/content/i130guide2

Yes, they would have a record in all likelihood. She had to submit a copy of her passport with the AOS application. Her passport will be linked with her A-number and hence with her GC.

Forgot about biometrics. They did them for her GC, they do them at POE for visitors (including VWP). Yet another reason why this is a terrible idea.

OK. I Think the best option for her is to obtain the reentry pass and visit the U.S few times a year with her VWP password (which is less risk of questioning)

You think wrong, my friend. It most certainly does not risk less questioning. See above.

questions... Dose she have to disclose this when removing condition that she was out of the country for such and such dates, if yes why, they do not have any record of her in/out of the states since she was using her own country passport?

Yes, they would have a record in all likelihood. She had to submit a copy of her passport with the AOS application. Her passport will be linked with her A-number and hence with her GC.

Also, as a GC holder she's probably not even VWP eligible anymore. If she doesn't get rejected by the ESTA system, this ruse will almost certainly be discovered at POE and will put her in a world of hurt.

This is a very bad idea IMHO.

yes, but you don't need a reentry permit unless you will stay overseas for more than a year, less than a year you don't file for a reentry permit

Um, is there an echo in here?

So for short periods outside the US, GC holders don't need to file anything. For trips of 6 months to 1 year, filing an I-131 for a re-entry permit is optional but a good idea. For trips of 1 to 2 years, a re-entry permit is required. (If you're gone for 2 years or more, even a re-entry permit isn't good enough and you'll need to file abroad for an SB-1 returning resident visa.)

Hi,

Does anyone know how to figure out when my wife can apply for both of these? We got married in the US on October 8,2011 and she was approved for her greencard on September 13,2012.

You apply to remove conditions within the 90 days before the 2-year expiration date on the conditional GC. That means your ROC window opens in June 2014. The N-400 filing window opens 90 days prior to the 3rd anniversary of LPR status, so you're looking at June 2015.

Certified or registered mail is overkill. If you're cutting it close to your 2-year GC expiration date, you'll want to use Express Mail (in which case tracking and delivery confirmation is included). If time is of the essence, make sure you tick the box for waiver of signature as requiring someone to sign for the package can delay delivery by a day or more.

If it doesn't absolutely, positively need to be there overnight, then use Priority Mail with Delivery Confirmation—not Signature Confirmation, for the reason described above.

no, you use your GC to enter the US when you travel

Careful. The complete answer to this question depends upon how long the GC holder intends to be outside the US.

Besides the advance parole document used for travel while AOS is pending, the I-131 application is also used to file for a re-entry permit. GC holders require a re-entry permit if their trip outside the US will last 1 year or more, and it's a good idea to get one if you're going to be gone for more than 6 months (to help demonstrate your continuing residency and ties to the US and avoid the appearance of having abandoned LPR status).

So for short periods outside the US, GC holders don't need to file anything. For trips of 6 months to 1 year, filing an I-131 for a re-entry permit is optional but a good idea. For trips of 1 to 2 years, a re-entry permit is required. (If you're gone for 2 years or more, even a re-entry permit isn't good enough and you'll need to file abroad for an SB-1 returning resident visa.)

It's not that he "needs" Section (a)(4); in the consular officer's judgment, he did not demonstrate that he meets the requirements of INA 212(a)(4). That means one of two things: they didn't like your evidence, or your income wasn't high enough.

With regard to the evidence, the list you provided sounds pretty thorough. Did you submit income tax transcripts or just copies of your returns? Transcripts obtained from the IRS carry more weight because they prove you actually filed and didn't just fill out the form. Info on obtaining transcripts: http://www.irs.gov/I...er-a-Transcript

As for your income, how does it compare to the USCIS poverty guidelines? http://www.uscis.gov/I-864P

Question about Citizenship;

We are soon to be celebrating our 3 years of marriage,do I have to apply citizenship 90 days prior to our 3rd year anniversary;

or is it 90 days prior to my first GC 3rd year anniversary ?

The citizenship filing window based on marriage to a USC opens 90 days prior to the 3rd anniversary of the date you became a permanent resident—not 3rd anniversary of marriage. Look at the "Resident Since" date on your GC and add 3 years.

What if I am eligible to apply for citizenship,but my ROC still pending,is it possible to apply for citizenship?

Yes, it's possible. If your ROC is still pending (unlikely, but possible) they will expedite it once you have an N-400 pending.

we got his SSN already also. and ok, hmm, as far as his birth certificate, since its in spanish does it need to be translated or original language is ok? and are there any websites anyone recommends for that?

You'll need to include a translation. If you or he are competent in both Spanish and English, you can do your own translation (though it's better to get a third party to sign off on the accuracy). The USCIS recommends the following "certification" language:

Certification by Translator

I, [typed name], certify that I am fluent (conversant) in the English and ________ languages, and that the above/attached document is an accurate translation of the document attached entitled ______________________________.

Signature_____________________________Date

Typed Name

Address

If you decide to go the website route, there are a couple recommendations in this thread: http://www.visajourn...slation-prices/

You do not need bills, joint accounts, etc. to adjust status from a K-1. All you need is a copy of the certified marriage certificate.

Also, the expiration date on the K-1 visa became irrelevant once your husband entered using the visa. The date that controls is the date on the I-94.

Please read the VJ AOS guide, as it provides you with a list of what's required at this stage of the process. http://www.visajourney.com/content/k1k3aos

If you (the petitioner or beneficiary) are fluent or at least conversant in English and the other language, you can translate for yourself. If you check visa/immigration forum websites in the target language, you may be able to find templates for birth certificates and other identity documents that you can use and just fill in the information specific to you (names, dates, places, etc.). If you have a friend who's also competent in both languages, he/she can sign off on the translation for you using the USCIS-suggested formula. My wife did all her translations herself (for her K-1 visa and AOS) and we had no problems.

Certification by Translator

Signature_________________________________

Date Typed Name

Address

http://www.uscis.gov...0000ecd190aRCRD

Looks good to me too... you have pretty much everything we did, and we were recently approved without an interview.

We included our passports, life insurance also.

Passports might be good if you have entry/exit stamps showing trip(s) taken together... if not, probably not needed. Any insurance policy showing joint coverage or designation of spouse as beneficiary is good.

Looks good...just want to suggest some additional docs that you might want to include if applicable. Copies of Drivers Licenses to show same address, copies of library cards, any kids? if so, copy of birth certificate, any affidavits from family/friends attesting to your ongoing relationship and marriage? Any joint titles on cars?

We also sent our daughter's birth certificate, as well as her baptismal certificate and health insurance coverage info showing both my wife (the GC holder) and our daughter as covered dependents on my policy. Affidavits aren't considered particularly strong evidence (see the "I-751 evidence" pinned thread at the top of the forum); you can probably skip them if you have lots of other primary evidence showing cohabitation, intermingling of finances, etc. While they can't hurt, I wouldn't expend a ton of effort on them.

I think I've seen a lot of people sending 3 years tax records though I don't know if its really required. I was planning on sending in 3 years myself.

If you have three years of joint tax filings, it can't hurt to send all three. It all depends on the timing of the marriage and the ROC filing window. In our case, our ROC filing window fell before our 2012 tax filing so we were only able to send two years' worth.

Things brings up a few other questions to mind. We weren't going to include the Family Relation Certificate with the original I-129F submission, just her previous divorce certificate and translation.

- Is this something that is needed, or can we just bring it along to the interview along with her birth certificate and translation?

Right, the Family Relation Certificate isn't needed with the I-129F submission but rather at the consulate/interview stage. I only referred to it with regard to using the name in Hangul on the I-129F/G-325A so that everything matches up come interview time.

Another possible issue is that when the divorce/birth certificate was translated by a public notary / law office in Korea, they only translated the first page but not the second page which only lists the time, issuer and requester. Also the certificate of translation only says that it is true to the original, but not that the translator is fluent in both Korean and English.

- Do you believe this would be a problem? Or should we "translate" ourselves the first and second page, and include the proper certificate of translation as per the USCIS instructions?

To this, all I can say is that my wife translated everything herself (using templates she found on Korean-language immigration web forums) and used the USCIS-prescribed translation certificate language. I now know this isn't best practice—a third party should sign off on the translations, even if the petitioner or beneficiary prepares them—but we didn't have any problems.

As Harpa Timsah stated, the answer to question 16 on the I-129F (as well as the corresponding question on the G-325A) should be your fiancee's name in Hangul, to match her passport and Basic Certificate (기본증명서) and Family Relation Certificate (가족관계 증명서).

"Address abroad" would be the same as the address in Part 1 since your fiancee is not in the United States at the time you're filing the I-129F petition. Assuming she has Singaporean residency (i.e., she's not just there on a short-term visa) you'd use the Singaporean address in both Part 1 Question 1 and Part 2 Questions 15 and 16. For Question 16 specifically, as Harpa Timsah stated, use the English address or write "N/A."