Stephen + Elisha

You mean you're not happy about having so many opportunities to visit the friendly, efficient folks at the DMV?

All kidding aside, it is a lot. Virginia's almost as bad. My wife will have to "renew" her DL once we get the ROC NOA1, and will then have to "renew" again after she gets the 10-year GC. Fortunately that one should be the last for a while. But "renew" is in quotations because Virginia doesn't actually allow limited-validity DLs to be renewed; they're processed as new original applications.

For now, I'm just hoping they'll accept her NOA1 and do the 1-year renewal so we don't have to make an InfoPass appointment to get an I-551 stamp in her passport. Based on VA DMV's track record so far, I'm worried it could go either way.

so the instructions page says that me and my husband file jointly the form I 751 if we are still together(wich we are), the fee is $505, does this means that we have to pay twice($505 my fee=form plus $505 his fee=form)? and the biometrics too pay twice???

please anyone that can comment it'll be appreciated.

No. All "file jointly" means is that you both have to sign the form. One form, one fee.

I cut it very close. Mailed my packet on the 7th by Express Mail, and USPS shows it arrived on the 8th. My green card expired on the 11th (Sunday), so I'd REALLY like my NOA to get here so I can go to the DMV and renew my driver's license (since Virginia requires "proof of legal presence" to issue a license).

Did you manage to renew your Virginia license with the NOA? We're also in Virginia, so my wife's license expires the same day as her GC.

Oops... we sent in our package on the 17th, not the 18th! The VJ timeline date picker threw me off (it shows Monday as the first day of the week rather than Sunday). Updated below.

California Service Center (15 applicants)

VJName.............Date of I-751.....NOA1 Date......Biometrics......Approved....

MENINA...............01/03/12........01/04/12.......02/09/12........--/--/12....

FATIMA AND JIM.......01/04/12........01/05/12.......02/09/12........--/--/12....

ABBIELOVESJEREMY.....01/05/12........01/09/12.......--/--/12........--/--/12....

F1_GURL..............01/07/12........01/11/12.......--/--/12........--/--/12....

ALMONDMILKTEAGIRL....01/09/12........01/11/12.......--/--/12........--/--/12....

DJOHN................01/10/12........01/11/12.......--/--/12........--/--/12....

MGEURTS..............01/10/12........--/--/12.......--/--/12........--/--/12....

CALYPSO..............01/11/12........01/12/12.......--/--/12........--/--/12....

B*J..................01/11/12........01/12/12.......--/--/12........--/--/12....

SASKA+TIM............01/13/12........--/--/12.......--/--/12........--/--/12....

SNIVVEL..............01/17/12........--/--/12.......--/--/12........--/--/12....

BABYLOVESBABY........01/18/12........--/--/12.......--/--/12........--/--/12....

MARM.................01/18/12........--/--/12.......--/--/12........--/--/12....

MI.PI................01/20/12........--/--/12.......--/--/12........--/--/12....

LIRWIN2000...........01/21/12........--/--/12.......--/--/12........--/--/12....

Vermont Service Center (15 applicants)

VJName.............Date of I-751.....NOA1 Date......Biometrics......Approved....

RICARDO_C............01/03/12........01/06/12.......02/02/12........--/--/12....

TOYOTA...............01/03/12........--/--/12.......--/--/12........--/--/12....

VAL MARTY............01/03/12........01/06/12.......02/01/12........--/--/12....

DHLUNAR..............01/03/12........01/06/12.......02/01/12........--/--/12....

HAKUNA_MATATA2.......01/04/12........01/05/12.......01/31/12........--/--/12....

DONALD-N-ANALYN......01/09/12........01/12/12.......--/--/12........--/--/12....

NOTWORKSTE...........01/10/12........01/17/12.......--/--/12........--/--/12....

COCO2012.............01/10/12........01/17/12.......--/--/12........--/--/12....

THEREDBIRD...........01/10/12........--/--/12.......--/--/12........--/--/12....

TERI.D...............01/12/12........--/--/12.......--/--/12........--/--/12....

2KOOL4SKOOL..........01/12/12........01/13/12.......--/--/12........--/--/12....

LOVELYALEX...........01/13/12........01/17/12.......--/--/12........--/--/12....

N1DOM................01/17/12........--/--/12.......--/--/12........--/--/12....

STEPHEN + ELISHA.....01/17/12........--/--/12.......--/--/12........--/--/12....

ALEXZY75.............01/20/12........--/--/12.......--/--/12........--/--/12....

IMPORTANT!

* Make sure that your VJ Text Editor setting is set to Rich Text Editor.

* Go to the MOST RECENTLY POSTED VERSION of this list (go to the last post and scroll UP) and "Reply" to it, deleting the "quote" tags in your reply.

* Please DO NOT change the font, font size, add colors, stuff like that.

* Please PREVIEW before posting to make sure it is properly formatted.

* Please check that you have not deleted anyone's NAME & DATA.

Date of I-751 = The Date you sent your application

NOA Date = The Receipt Date on your original NOA letter

Biometrics = The Date of your biometrics appointment

Approved = The Date your case was approved

* Please Capitalize your VJ Name when adding it to the list.

* When you're on this list, please come back to update your information accordingly.

* If you cannot add your information yourself, please ask another VJ member to help you do so.

i HAVE A QUESTION:

I sent my ROC file today and my date on my permanent resident card is 16 april 2012...as I was supposed to send them on the 16th of Janauray 2012.....

Am I in bad shape???

You're fine. You don't have to file exactly on the 90th day before expiration. What matters is filing within the 90-day period before it expires, which you did.

It's been a looooooong time since I've been on VJ, but we're back in the USCIS saddle so I figured I might as well check in here too!

California Service Center (13 applicants)

VJName.............Date of I-751.....NOA1 Date......Biometrics......Approved....

MENINA...............01/03/12........01/04/12.......02/09/12........--/--/12....

FATIMA AND JIM.......01/04/12........01/05/12.......02/09/12........--/--/12....

ABBIELOVESJEREMY.....01/05/12........01/09/12.......--/--/12........--/--/12....

F1_GURL..............01/07/12........01/11/12.......--/--/12........--/--/12....

DJOHN................01/10/12........01/11/12.......--/--/12........--/--/12....

MGEURTS..............01/10/12........--/--/12.......--/--/12........--/--/12....

CALYPSO..............01/11/12........01/12/12.......--/--/12........--/--/12....

B*J..................01/11/12........01/12/12.......--/--/12........--/--/12....

SASKA+TIM............01/13/12........--/--/12.......--/--/12........--/--/12....

SNIVVEL..............01/17/12........--/--/12.......--/--/12........--/--/12....

BABYLOVESBABY........01/17/12........--/--/12.......--/--/12........--/--/12....

MARM.................01/18/12........--/--/12.......--/--/12........--/--/12....

MI.PI................01/20/12........--/--/12.......--/--/12........--/--/12....

Vermont Service Center (13 applicants)

VJName.............Date of I-751.....NOA1 Date......Biometrics......Approved....

RICARDO_C............01/03/12........01/06/12.......02/02/12........--/--/12....

TOYOTA...............01/03/12........--/--/12.......--/--/12........--/--/12....

VAL MARTY............01/03/12........01/06/12.......02/01/12........--/--/12....

DHLUNAR..............01/03/12........01/06/12.......02/01/12........--/--/12....

HAKUNA_MATATA2.......01/04/12........01/05/12.......01/31/12........--/--/12....

DONALD-N-ANALYN......01/09/12........01/12/12.......--/--/12........--/--/12....

NOTWORKSTE...........01/10/12........01/17/12.......--/--/12........--/--/12....

COCO2012.............01/10/12........01/17/12.......--/--/12........--/--/12....

TERI.D...............01/12/12........--/--/12.......--/--/12........--/--/12....

2KOOL4SKOOL..........01/12/12........01/13/12.......--/--/12........--/--/12....

LOVELYALEX...........01/13/12........--/--/12.......--/--/12........--/--/12....

N1DOM................01/17/12........--/--/12.......--/--/12........--/--/12....

STEPHEN + ELISHA.....01/18/12........--/--/12.......--/--/12........--/--/12....

IMPORTANT!

* Make sure that your VJ Text Editor setting is set to Rich Text Editor.

* Go to the MOST RECENTLY POSTED VERSION of this list (go to the last post and scroll UP) and "Reply" to it, deleting the "quote" tags in your reply.

* Please DO NOT change the font, font size, add colors, stuff like that.

* Please PREVIEW before posting to make sure it is properly formatted.

* Please check that you have not deleted anyone's NAME & DATA.

Date of I-751 = The Date you sent your application

NOA Date = The Receipt Date on your original NOA letter

Biometrics = The Date of your biometrics appointment

Approved = The Date your case was approved

* Please Capitalize your VJ Name when adding it to the list.

* When you're on this list, please come back to update your information accordingly.

* If you cannot add your information yourself, please ask another VJ member to help you do so.

SCHEDULED THE INTERVIEW TODAY!!!

Si, man! Very important: Immediately send an e-mail to IVGuayaquil@state.gov that says "This is confirmation that on 17 November 2009, at __ a.m./p.m., I established my fiancee's K-1 interview on (day, date) at (time). The appointment-setter with whom I spoke is named _____. Please acknowledge your receipt of this message."

You do understand that your presence at this interview is mandatory, si man?

The interview is on November 30th. Now why are you saying that the interview is mandatory for me to attend? Each case is different. What proof do you have that I have to be there?

The "proof" is in the numerous instances of applicants being denied on the first interview and being ordered to appear for a second interview with the USC fiance. The consulate will not tell you that the USC is required to appear for the interview, but there is a very high likelihood that a second interview will be required if you do not.

Consider that a high-ranking USCIS official has referred to the Guayaquil consulate staff as "bastards" (see the "K-1 petition information - chat with VSC director" sticky thread in this forum). Take a look at the VJ consulate reviews for Guayaquil and the thread about the place in the Latin America subforum. Then decide if not going is a chance you're willing to take.

gerrymeridamx, I'd advise finding another civil surgeon. If you can't find one locally who will transcribe the vaccinations and sign off on the I-693 for a reasonable fee, there's a doctor in Texas who will do it for about $30. I can't remember the details, but I'm sure you'll be able to find them in the AOS forum - look in the I-693 sticky thread at the top of the forum.

Hey, sorry I missed this when you initially directed it to me. Things have been a bit crazy lately!

I don't quite understand what you are asking - it's okay to be over the minimum requirements. In fact, that's good. Did I misunderstand?

hello! missy, i ask for an employment letter from my boss and it is stated there that my pay is just 4$ per hour plus gratuities but on my income tax transcript i make about 30 thousand annual income. i feel that my rate per hour might just be small. what would really matter, is it the rate per hour or the one stated on the income tax???

First of all, understand that the employment letter is optional. You don't need to include it, and in this case you may not want to.

That being said, do you have some kind of documentation that shows your current income level? Are your gratuities reported on your pay stubs? If so, then the year-to-date income on the stubs should provide adequate support for the annual income you claim on the I-134. If not, you may need to consider getting a letter from your bank showing the total amount you've deposited over the past 12 months.

Your last year's income tax transcript is important, but by itself it doesn't prove current income. Again, I would consider using pay stubs (if they show sufficient income, i.e., including your gratuities) and/or a bank letter.

The short version: the previous B and J visa denials should have little effect on your K-1 application. Those were nonimmigrant visas, and you must satisfy the consular officer that you do not intend to immigrate in order to get one. Likewise, the CBP officer at the port of entry must likewise be satisifed that you do not intend to stay, or he/she will deny entry. The K-1 visa presumes immigrant intent, so you don't have to prove nonimmigrant intent. Shouldn't have any problem there.

Where I would advise caution and extra care is in the presentation of evidence to establish the bona fides of your relationship. Given your history, the consular officer may suspect that you have entered into a sham relationship for immigration benefits. To counter this, you'll want to present plenty of evidence that your relationship is for real. Moreover, you may wish to consider front-loading your K-1 petition with this evidence so that it will be part of the official record and seen by the consulate even before you appear for an interview. USCIS only requires evidence of meeting in person in the past two years for the initial I-129F petition, but front-loading with the consulate in view may be to your benefit to address this potential red flag.

Best of luck to you!

1. Can I apply for an AP even without those reasons just to have it? Sure. Specific travel plans are not required, even though the form asks for them.

2. Can the AP be used multiple times or is it a one shot deal, once used you need to apply for another one? They can be issued for a single or multiple entries; you check the appropriate box on the application for the kind you want.

3. Should I just wait for my Green Card before even bothering with leaving the country, considering I probably will not be going anywhere until after the new year at the earliest? It can take up to 90 days to process an AP application, so even if you apply you may end up getting your GC first. That said, there's no cost to apply (other than copies and postage), so if you think you may need it, there's no reason not to apply for one. As others stated above, just include a copy of your I-485 NOA1 with the application.

4. If I don't know a specific date when I will be leaving do I need to fill one in? Nope. As Otto und Karin said, you could put a general time frame ("Spring 2010") or simply write "To Be Determined."

moving to Working & Traveling before getting a Green Card forum...

Congratulations on getting this far—but don't get too excited just yet. USCIS considers the target processing time for I-129F petitions to be 5 months. While it often doesn't take that long, it's not considered to be "overdue" until 5 months have passed.

What you can do now: view the cashed check on your bank's website when the image becomes available, and find the number that starts with WAC. It's usually on the back of the check, but recently some have been printed on the front. This is your I-129F receipt number. You can use it to check your case status on the USCIS website and register for email/SMS status updates.

Another great thing to do: - http://www.visajourney.com/timeline/intro.php - This will allow you to get estimates from VJ on the actual processing time to expect based on other users' timelines, and will in turn help VJ to give more accurate estimates to you and everyone else.

(moving to K-1 Case Filing and Progress Reports)

HE GOT IT!!!!

Update! He got a flight out of brazzaville NOW and will be here tomorrow!

WOOHOO! Congrats to Missy and Lars!!

Please post filing reports and status updates in the appropriate K-1 Fiance(e) Case Filing and Progress Reports thread:

Similar threads also exist for K-3 and IR-1/CR-1 filers in the respective Case Filing and Progress Reports fora for those visa types.

Congrats and good luck!

(no process or procedure issues, status-oriented - moving to K-1 Progress Reports)

moving to:US Embassy and Consulate Discussion

You are almost there and now you have to deal with the embassy. This is the place to post your experiences or questions related to this last step before moving to the US. Topics relating to I-134's, packets sent from consulate and medical & police certificates should be posted here.

moving to:

Effects of Major Family Changes on Immigration Benefits

This forum is dedicated to topics such as but not limited to divorce or even the loss of life of a petitioning relative (Family Member) and how it may affect immigration related benefits.

Congrats and good luck!

(no process/procedural issues, status-related - moving to K-1 Progress Reports)

Canada-specific question - moving to Canadian regional subforum

Also, double check the required forms at the Montreal consulate website or the VJ Embassy Info page. Montreal requires the DS-160 now, which is completed entirely online. That's supposed to replace the DS-156 and DS-156K, but apparently Montreal still requires them.

As others have stated above, the DS-156 should be filled out and printed using the online form at http://evisaforms.state.gov. The DS-156K can be obtained from the State Department forms page linked above, but be aware that the version available from the State Department doesn't allow you to save your entries in the form. If you want a save-enabled version, you can download one from the link in my signature (below).

(questions regard Packet 3/4 forms, moving to US Embassy and Consulate Discussion)

That's what I think too but he's not wanting to say he's approved until his has the visa in his hand. I called the embassy and talked to the person he talked to. She told me that they got his prints but it took a long time. Now they are going to run them through the system and if there are no hits then he gets the visa. If there are any hits then they will have to investigate those. It may not take much time or it could take a lot of time, she didn't know. As most of you know, he was denied entry last year for using the Visa Waiver too many times. I asked her if this could be a problem and she didn't think so but would not say anything definite.

24 more hours of waiting - I'm going wig shopping today. I almost don't have any hair left!!

Nothing to worry about, Missy—Elisha also had to do her fingerprints twice, and then the fingerprint check took 24 hours to come back. Part of that probably was due to the time difference (Seoul was 13 hours ahead of Washington at that time of year), but the visa was approved the next day. The VWP denial shouldn't have any bearing on his approvability for the K-1. Relax and get ready to celebrate tomorrow!

With all due respect, this response is generally unhelpful and incorrect in at least one respect.

Based on no legal experience concerning this matter but what I've read and making some personal conclusions, this is how I would rule:

You violated the terms of the K-1 by not marrying within 90 days, so your AOS (regardless of what forms you sent) would be denied. Incorrect. It is a clearly settled point that K-1 holders who fail to marry within 90 days are still able to adjust status as long as they married the petitioner, but they must file an I-130 concurrently with the I-485 in order to do so. The USCIS states as much on their website: http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1RCRD This is likewise confirmed by numerous cases of people who have done this successfully.

Since you do have a legal I-94, your length of overstay would commence once that expiration date is reached. True enough, and this is the question that has everyone (including DOS) flummoxed. What controls: the 90-day validity that should have been stamped on the I-94, or the year-plus that was actually stamped on it? The answer to this question determines whether a bar to admissibility attached to her unlawful presence or not.

She is now back in Brazil. You are married to her. You now have the K-3 or CR-1 paths to follow. Which is what they are doing. Your point here?

I would just move on with my life and not try to undo the past. Which is what they are doing. The foreign spouse interviewed for her CR-1, but DOS can't figure out how to calculate her unlawful presence and hence whether or not she incurred a ban.

All this nonsense was started by you two not following the rules that you knew you had to, marrying within 90 days.

So to try to make this someone else's problem is just a smokescreen.

How are they trying to make this someone else's problem? Yes, they made mistakes. They are trying to move forward with the immigrant spouse visa. But they have a complicated immigration law quandary, which will either require a lengthy, expensive waiver process to resolve or not. It all depends on what governs the authorized period of stay in this case, and consequently when unlawful presence began to accrue. And the answer to that question lies in the past, at least in part: at the POE where the I-94 was stamped.

Question about medical - moving to US Embassy and Consulate Discussion forum...

Welcome back, Linda! Are you guys refiling the K-1?

Elisha and I are planning on having our civil wedding the day before Thanksgiving.

what evidence do u have to submit with the i-864 and how much of it....is the 2008 tax returns good and 1 month paystubs

The most recent year's tax returns (usually 2008 at the time of this posting) are required. If you send tax returns, you must also include copies of all W-2s, 1099s, etc. If you submit a tax transcript (available at no cost by calling the IRS), you don't need any extra documentation.

Paystubs are not required. Per the instructions, "You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income." For example, if you got a new job this year and are now making substantially more than you did in the previous tax years, it's a good idea to provide supporting evidence like pay stubs. Also worthwhile for this purpose is an employment verification letter if your employer will provide one.