Stephen + Elisha

You may want to call about this. The danger here is that if they don't get your rescheduling request in time they'll consider the appointment missed—and a missed biometrics appointment leads them to consider the I-751 application abandoned. When that happens, his LPR status technically terminates immediately, meaning he can't work until you get it all sorted out. Tread very carefully here.

There's another current thread dealing with rescheduling biometrics here: http://www.visajourney.com/forums/topic/398924-biometrics-appt-for-751-bad-idea-to-reschedule/

What types of evidence show that I'm "taking steps to reestablish a residence"? Is this something that he will have to show in his consulate interview?

It's part of the I-864 process. As the petitioner, you are required to be your husband's sponsor even if you need a joint sponsor to meet the income requirements. A sponsor must be "domiciled in the United States." Consult Part 4, Question 15 in the I-864 instructions for detailed information about evidence of having maintained US domicile or taking concrete steps to establish a US domicile.

As a US citizen, you are required to report worldwide income to the IRS. Most if not all of your income will probably fall under the foreign earned income exemption (meaning you won't have to pay taxes on it), but you will need to file returns for the 2010 and 2011 tax years. You'll need at least the most recent year's (2011) tax return/tax transcript when it comes time to file the I-864.

The good news is that you have some time to sort this out. The I-864 doesn't come into play until after the I-130 is approved.

One thing to consider: once the I-130 is approved, you'll need to be able to show that you're taking steps to reestablish a residence in the United States.

He will definitely need the original letter when he gets ready to travel back to the U.S. CBP will have record of his extension at the POE but the airlines will demand to see the original letter before they'll let him board a US-bound flight.

I can't speak to the questions regarding biometrics scheduling. We did a walk-in on ours the day after we got the letter, a few weeks before the scheduled appointment.

Just out of curiosity, how long has your husband been out of the country?

Today, a little over a week before our wedding I receive a letter from the USCIS (Notice of Decision) stating what sounds like I will have to re-file my K1-Visa?

Could you post the text of the letter you received?

OP> You mentioned him living with his brother. Will he not be living with you after he enters and you marry or did you mean you would both live his brother or your parents? It would not be a good idea to live apart. If you have an AOS interview, you need to provide proof of living together and co-mingling of finances, insurance, bills and such.

For after the marriage, yes. There's no cohabitation/commingling requirement for the period before they marry.

When your fiance enters the USA s/he should get an I-94 stamp in their passport.  According to the rules the I-94 stamp will allow your fiance to work during the 90 day period that it is valid.  After the 90-day period s/he will be ineligible to work until s/he gets the EAD and/or GC.

False.

The I-94 is not a stamp. It is a CBP form (Arrival-Departure Record) that is stapled into the visa holder's passport upon entry. A stamped I-94 is NOT sufficient documentation for employment authorization for K-1 holders. K-1 holders are NOT eligible to work without a separate Employment Authorization Document (EAD). In the past, some ports of entry (POEs) stamped a temporary EAD onto the I-94, but this is no longer done. A K-1 holder can file an I-765 application for an EAD prior to AOS, but it's an exercise in futility since the 90-day admission will almost always expire before the I-765 is adjudicated and EAD issued.

Theoretically, a K-1 visa holder can obtain an EAD and begin working in the US prior to AOS. Effectively, a K-1 holder cannot work until after marrying and applying for AOS on Form I-485. The I-765 EAD application should be filed concurrently with the I-485 and is usually approved within a month or two.

DACA does stop the clock.

You're right. I checked the main USCIS page (http://www.uscis.gov/childhoodarrivals) and the brochure and didn't see that, but it turns out it's in the FAQ (emphasis added):

In addition, although an individual whose case is deferred will not be considered to be accruing unlawful presence in the United States during the period deferred action is in effect, deferred action does not excuse individuals of any previous or subsequent periods of unlawful presence.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3a4dbc4b04499310VgnVCM100000082ca60aRCRD&vgnextchannel=3a4dbc4b04499310VgnVCM100000082ca60aRCRD

Even so, he'll still have to leave when the I-130 is approved because:

• DACA does not confer lawful status;
• Only out-of-status immediate relatives (IR) of U.S. citizens are eligible to adjust in the U.S. based on an approved I-130, not family preference categories (USC or LPR);
• Based on timelines, the OP's son most likely will be approved not as an IR, but rather as an F2A (child of LPR) or F1 (unmarried son of USC).

but the deferred action can be renewed.

Yes, the deferred action can be renewed. But he'll be over 21 by the time you obtain citizenship. Children of U.S. citizens over age 21 are in a family preference category, NOT immediate relative, and thus cannot adjust in the U.S. if they're out of status. Deferred action does not confer lawful status, nor does it (as far as I know) stop the clock on the accumulation of unlawful presence that would incur a 3- or 10-year ban upon his eventual departure.

IMHO, you need to come to terms with the fact that your son will have to leave for a time in order for him to obtain permanent residency, and that will probably have to happen before he turns 18 or within 6 months thereafter.

Your naturalization certificate is proof of U.S. citizenship. You only need to provide one proof of citizenship for the I-130 form, so you're fine to file with just a copy of your naturalization certificate.

Can you show me an exame of an employe letter?

Here's the text I used. Note that this should be on the employer's letterhead and signed.

November 2, 2012

United States Citizenship andImmigration Service

Washington Field Office

2675 Prosperity Avenue

Fairfax, VA 20598

Re: [NAME] –Verification of Employment

To Whom It May Concern:

This letter is to confirm that [NAME] is employed with [NAME OF EMPLOYER] on a permanent, full-timebasis as a [JOB TITLE]. Mr. [NAME]'s employment commenced on [sTART DATE]. His current salary is [sALARY AMOUNT] per year.

Please feel free to contact us if your office should require any further information.

Sincerely,

[sUPERVISOR NAME]

[sUPERVISOR TITLE]

[NAME OF EMPLOYER].

Obviously you'd want to change the details to the office that's actually adjudicating your AOS petition (the office or service center that issued the RFE). I should note that my wife's AOS was approved based on current salary as demonstrated by this letter and several months of pay stubs; although I submitted three years of tax transcripts, none of them showed income high enough to meet the guidelines. I was a student and/or working overseas with a foreign earned income exemption in each of the three prior tax years.

k1 doesnt need a DS 230 form

Depends on the consulate. I understand Manila doesn't require the DS-230 for K-1s, but many others do. From the Department of State K-1 information page:

Required Documentation

You, the foreign-citizen fiancé(e), (and eligible children applying for K-2 visas) will be required to bring the following forms and documents to the visa interview:

• Two (2) Nonimmigrant Visa Applications, Form DS-156 (prepared in duplicate).NOTE: K-1/K-2 visa applicants should not fill in Form DS-160, Online Nonimmigrant Visa Application
• One (1) Nonimmigrant Fiancé(e) Visa Application, Form DS-156K
• One (1) Application For Immigrant Visa and Alien Registration, Form DS-230, Part I (You are not required to complete Part II.)

K Visa applicants applying at U.S. Consulate General Montreal and U.S. Consulate General Ciudad Juarez have different application form requirements. Review information on the U.S. Consulate General Montreal orU.S. Consulate General Ciudad Juarez website to learn which forms you must complete.

• A passport valid for travel to the United States and with a validity date at least six months beyond your intended period of stay in the U.S. (unless country-specific agreements provide exemptions)
• Divorce or death certificate(s) of any previous spouse(s) for both you and the U.S. citizen sponsor
• Police certificates from your present country of residence and all countries where you have lived for 6 months or more since age 16 (Police certificates are also required for accompanying children age 16 or older)
• Medical examination (vaccinations are optional, see below)
• Evidence of financial support (Form I-134, Affidavit of Support, may be requested)
• Two (2) 2x2 photographs. See the required photo format explained inPhotograph Requirements
• Evidence of relationship with your U.S. citizen fiancé(e)
• Payment of fees, as explained below

Note: The Consular Officer may ask for additional information, such as photographs and other proof that the relationship with your U.S. citizen fiancé(e) is genuine. Documents in foreign languages, other than the language of the country in which the application takes place, should be translated. Applicants should take to the visa interview clear, legible photocopies of civil documents and translations, such as birth and divorce certificates. Original documents and translations will be returned.

At a minimum, you'll need a letter from your employer stating your position, current salary, and (hopefully) that your prospects for continued employment are good. A few paystubs (i.e., more than one) showing the new higher income would be good too. If your timeline is such that you can't or don't want to wait for that, you'd probably better look into a joint sponsor.

If it continues to bother you, you could FOIA your A-file after your ROC is complete and see if anything in there suggests a reason for the questions they were asking...

Also, it's current income that matters on the I-864. As long as your wife has current paystubs that show regular income in excess of 125% of the poverty guidelines for your household size, she'll meet the sponsorship requirements.

If it makes you feel better, when I filed the I-864 for my wife (she came in on a K-1 visa, so we were filing the I-864 with USCIS for her AOS application rather than NVC for an IV, but same principles hold) my "total income" for each of the prior 3 tax years was under $10,000—one year was as a student and the two others were from the foreign earned income exemption while I was living and working overseas. But my current income was well in excess of the poverty guideline and I submitted paystubs showing that (I may have submitted a letter from my employer verifying my salary too, I don't remember for certain). Her AOS was approved without a hitch.

Have you tried going to a completely new bank and open a joint checking account? There is usually no issue at all, debt or no debt.

Not necessarily, thanks to ChexSystems.

You did not file at the Texas Service Center. If you did, you made a mistake.

If you followed the instructions, you filed at the Dallas (Lewisville) Lockbox. From there your petition will be transferred to either the California Service Center (CSC) or the Vermont Service Center (VSC) depending on where you live. Those are the only two service centers currently processing I-129F petitions. When you get your NOA1 (I-797C Notice of Action indicating that your petition has been received), the receipt number will tell you where they've sent your petition for processing. If it starts with WAC, your file is at CSC; if it starts with EAC, it's at VSC.

1. Your son will not age out. He will only become ineligible if he marries before you become a citizen.
2. If you obtained permanent residency through marriage to a US citizen, you can file for naturalization after 3 years of permanent residency.

http://www.uscis.gov/USCIS/Resources/B1en.pdf

You also need to keep an eye on the I-129F approval date (NOA2 date) and keep in touch with the consulate; the I-129F approval expires one year from issuance, but the consulate can extend the validity.

do not volunteer any information about it unless they ask

They do ask. Question #31 on the DS-156 form: "Have you ever been refused a U.S. visa? When? Where? What type of visa?"

To the OP: Answer truthfully and despair not: many successful K-1 applicants before you had been denied previously for visitor/exchange visas.

Also, unless a great deal of time has passed since the medical exam for the K-1 visa, you shouldn't have to re-do the medical for AOS.

OP, you still haven't updated your VisaJourney timeline (not your signature) and the timeline in your signature is still missing important items:

• I-485 filing date (date you mailed the form and supporting documents to the Chicago Lockbox)
• I-485 NOA1 date (date on the I-797C Notice of Action form notifying you that USCIS had accepted the I-485 filing)

If you did indeed file the I-485 in person at your local field office on the same day as doing biometrics, please explain more fully as this would be a very unusual situation.

As for the degree/diploma questions, my wife/then-fiancee listed the type of degree/diploma she earned—Master of Political Science, Bachelor of Public Administration, High School Diploma, etc.

Although they're located directly under the questions pertaining to the non-existent (for a K-1 applicant) spouse, the questions about parents (numbers 19–28 on the current version of the DS-230) pertain to the visa applicant (beneficiary, not petitioner). From your post it sounds like you're the beneficiary/visa applicant, so you'd fill in your parents' info here, not your fiancee's.

just curious! why you would travel on an expired greencard?

Once you have that extension letter, it's no longer "expired." You can't file the I-751 (removal of conditions) until 90 days before the 2-year green card expires, but it takes USCIS way longer than 90 days to process the I-751 and issue a 10-year (permanent) green card. That's why you get an automatic 1-year extension on your I-751 NOA1 that specifically states that it's valid for employment and travel.

To the OP's question, my wife's 2-year GC was set to expire in March and she and our daughter traveled to Korea in June with her "expired" GC and extension letter. I joined her two weeks later and we came back together at the end of July. Absolutely no issues at POE. You definitely want to bring the original letter, as the airline will want to see it when you check in to return to the US. To be honest though, I don't even remember the CBP inspector looking at the letter; I'm pretty sure the extended validity came up on his screen right away when he scanned her "expired" GC.