
Jia you LuckyStar
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Posts posted by Jia you LuckyStar
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So can you apply for citizinship if you still have a green card application going on?
And can you get it while that applicTion is pending?
So your husband vot sworn in that means he got accepted for the naturlization and the green card application is not neccessery anymore if it grts denied?
Yes you can, you only need to make the application and meet the residency requirements. It has been 3 years since my husband entered the United States(based on his green card date) so he qualified for naturalization as he was married to an US citizen. He passed the test and got sworn in. That's why some people recommended this route to me on these boards since I was getting no reaction from immigration. From my knowledge, he doesn't need to worry about the green card application because his status has already changed, and the naturalization department did inform USCIS of the application. People on this board have told me submitting the application is good if you have long processing times because 1) since they notify USCIS, they will speed up the application since they know you might have a change in status 2) they don't care and you get sworn in as a citizen. Either way would have worked for me. I still have not heard from USCIS and it has been almost 1 year since my interview and at least 1 year and 4 months since my application.
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hello
if you dont mind can you please update us on where is the case now? I have 90% similar case to yourz, same exact things, with few months of separation because of school issues and etc... I do have good amount of proof but it doesnt cover the entire period of marriage, can you please let me know where are you now?
We still have not heard from Immigration but my husband went ahead and applied for citizenship and was sworn in last week. From application to the ceremony was about 4 months, so I highly recommend that route if you are still waiting on the green card interview results. If he did not apply for citizenship, we would need to get another 6 month(not a year, bah) stamp in January 2015.
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Is it recommended that we go put in paperwork for the n-400 even though the I-i751 is not yet approved? We had a basic interview back in January 2014 (with our original receipt date being 08/02/2013, so our 1 year extension is about to expire. Received 1 RFE in September 2013 and got sent from CSC back to Chicag.), and no news since then. I heard sometimes the citizenship will come first while the green card process drags on but other people say it's just a waste of money and we should just wait.
Normally I would just wait but we really want to go back to China for a vacation and we don't dare leave in case we have to do another interview(although I'm super scared that we have to do Stokes, we had the worse time getting a translator last time). Plus there's the expired greencard and expired 1 year extension at that point (in November). I put in a erequest for more information and all they say is that they're working on our case but could not give us a timeframe for processing.
Are there any other options available to me? I guess I should call... .
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In the case status it still says initial review, but we only have 2 months left (08/02/2014) until the 1 year conditional residency applies. We were also hoping to go on vacation but with such a long delay, I don't think that will happen. My husband is going to submit his paperwork for citizenship but I'm worried about the long delay. At least if they want us in for an interview, just tell us. I anxiously look at my mail each day and hear nothing. I already contacted them once and it seems ominious that they wrote:
We are processing your request. We regret to say that we are unable to provide you a timeframe for processing this request.
Is there anything else I should be doing?
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*sigh* one RFE, one interview later (not Stokes), got no news.... Most of September 2013 also have got their cards too. Still waiting. After the interview they said in 1 month (this was in January 2014) we'll get a letter but it's been at least 4 months since she said that.
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So update as today was our interview:
We got there around 9, and waited until 9:40 for our beeper number to be called.
She had us take an oath, asked us for our ids (I panicked because I thought I left my id at home but thank god I had it. She needed it as proof of identity and proof of address). She then proceeded to ask my husband questions off the first page of the application. What is your name, where do you live, what is your birthdate, did you get married December 16 2010?
At this question she looked at me, and I paused because I was confused whether he or I was supposed to answer the questions, I nodded and then she circled that entry. Later on, I would see, I mistyped on the form 2011 instead of 2010.
She continued to ask my husband questions, have you ever been out of the country, have you ever been arrested, are you in deportation procceedings, do you work? where do you work? How long have you worked there?
She asked me:
What's your name?
What was your birthdate?
Where do you live?
Do you live with your parents? I said yes, I live with mom and amended to say we live with my mom.
Do you work? (I said currently no as I am unemployed but previously I worked at two different companies)
She then asked for any materials that we bought to the interview. She took:
- Car insurance (but not the papers where we bought our car since she had a copy already) I did make a copy of the car insurance for her in that same packet so not sure what happened there
- Interest Statement from our bank from 2011
-Checking statements that I mailed last time in our RFE plus some new ones that I printed off since the last time, plus a copy of our most recent balance
-Photos, we had only a couple but she did ask me when did I graduate in that photo and who was the other person (my mom). Surprisingly she looked at photos that were taken before our marriage and she said these were taken while you guys were dating? and we said yes.
-IRS Tax transcript (even though I already sent those to her). She also took w2s that I found at home, only mine from 2012/2011, his I could find from 2011 but she made copies.
-Vanguard statement for my IRA, she ignored my 401k transfer paperwork which had to have my spouse sign (although i did send that last time but she didn't want it)
-she checked all our credit cards were in our name and numbers. One set was not matching (our debit cards) which I'm not sure why our bank issued two separate debit card numbers for the same bank account, but I never noticed.
She did not take
-marriage certificate
-Power of attorney (even though I had a witness sign it and everything) It wasn't notarized because there's no place for it in the Illinois form. My husband didn't have a copy signed though because he can't read English and that's probably not good idea when the form explictly states that you need to understand the following legal language. In Illinois, you don't need to file this as long as you sign, but she didn't take it.
Afterwards she said she was contact us if she needs more information in a few weeks, over the phone or in the mail. If there is an approval, that would be in the mail.
I have a feeling we didn't do very well, but she was very nice. The whole process probably took 20 minutes. I have a feeling I'm going to need to resubmit paperwork at the very least. I surprised they didn't RFE me for the mistyped marriage date. I thought I doublechecked everything but clearly not. Now I see why we were chosen since even the attorney that I wanted to hire thought it was unneccessary and just recommended that we go alone. She also had flags and tags in the stack of paper we had given her thus far.
She didn't seem winky winky at the approval message but it also felt like she hadn't made a final decision yet either. Hopefully we pass with this otherwise I'm sure the next time we get called in it will be a stokes interview.
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Congrats! I'm dreading my own interview...
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For another update, we got our interview scheduled for late January. However the fine print of you must bring a translator with you if necessary. If my husband english is pretty basic, should we bring a lawyer that can also translate? I don't have any friends that can translate, so if we pay for a translator or a lawyer this is going to be expensive. However the lawyer has the added benefit.
I don't have anything to add since the last time submitted RFE information. I'm really worried now......*sigh*
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do you mind asking you when you have responded to your rfe? i have responded to minde december 2 now 4 weeks no response at all. did schedule for an interview? or just told you that you are transfered to local office? your answers is much appereciated?
Hi, I replied to my RFE around December 11th I think. I just got a response now about the transfer to the local office. I think you should be getting your letter soon if the timelines are the same. Or maybe it's taking so long is because they just ordered production of the green card versus sending you for interview.
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Reading this makes me sad, but I guess I'm happy for all the other couples!!
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Update:
Got transferred to the local office despite sending more information.
-sent tax transcripts for 2010-2012
-statements from our joint checking accounts spanning 2010-2012
-explanation of why we do not have a joint credit card account (but we are authorized users on each other cards)
-dealership papers about our new car (bought in october 2013) which includes both our names
-financial loan for car which includes both our names
-car insurance with both our names
-My 401k rollover instructions to IRA with my spouse signature in order to transfer
-my IRA which designates him as my beneficiary
-explanation about why not utility bills as we live with my mother (and a statement to that effect we live with her)
We both really hate taking pictures so we pretty much stopped after he came successfully came to america forgetting that we still had ROC to go through. The only pictures we supplied to the first time were my graduation pictures where I provided the airplane tickets that I paid for.
We don't have any children either. I think it's either my refusal to get a joint credit card (I really didn't know these existed and I didn't want to bother with one this late in the game) and that I was in NC for the first 5 months of 2011 and he was in Chicago.
*sigh* Well at least I'm unemployed now so they can do the interview whenever. Do I need a lawyer or translator to come with me? Are these necessary? Or is it not necessary but better to have? Debating whether or not to spend the money at this point being that finances are much tighter now.
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HI everyone,
I'm am worried about the language of the letter I received in the RFE because although they list very general items (and some specific comments about some of the items we sent), we don't really have much more evidence to submit for the RFE. I'm really worried and wonder if we should get a lawyer.
The letter mentions: documentation submitted is insufficient because it does not cover the whole time period, documentations should reflect the names of both permanent resident and Us citizen spouse. "making difficult to determine if the marriage was entered to evade immigration law!!!"
We submitted originally:
Our credit cards and debit cards showing both of our names (He is an authorized user of my card because he had no credit and I didn't even know that joint credit cards existed). The RFE asks for credit card statements showing BOTH of our names, authorized users are not considered a joint users.
Our Driver's License showing same addresss (probably slightly suspicious as I had just renewed my driver's license recently because it was due, and they took the old license away from when I renewed)
His auto insurance listing me as a non driver (but his martial status on there is married!). RFE asks for auto insurance ? I guess we can add my name on there instead to give for the RFE(I rarely drive so we didn't bother plus we were trying to save money which apparently was the wrong thought to have in our decisions).
My graduation pictures with him and my mom plus the transportation tickets flying him there. I graduated in 2011 and the tickets reflect 2011.
Statements from 2011 and 2012 from our joint banking account. RFE asked for more statements, but the bank account was opened in 2011, so no 2010 statements.
My 2012 Federal Tax return. RFE asked for 2010-2012 tax returns + w2's unless we are submitting tax transcripts. So I think I will request for those when the IRS is back up and running again.
RFE asks for additionally other than those mentioned above:
-Proof of children (childless)
-Proof of rental leases/morgage agreements showing joint tenancy at a common residence
(We live with my mom, again to save money as he was taking classes at school so we would be down to one income. Do we just show a rental agreement between us and her? We don't have evidence spanning the length of living arrangement).
-Proof of life insurance (none), health insurance (I had refused health insurance at my first job in 2011 and got insurance in 2012 but the company portion for spouses for health insurance was astromonical and again decided not to add him due to finances, by the time we decided to add him, I got fired from my job)., rental insurance (we live with my mom?), vehicle insurance (We can add my name to the insurance that he recently renewed but that's all we can do). Utitlies (all in my mother's name).
Also is it important to send in information for the RFE? My deadline is in December but the contents of the letter make it sounds like better if I submit it as soon as possible.
What I planned on sending back is not very much:
IRS Transcripts from 2010-2012 (I jointly filed when we could, I think the only time I didn't was 2010 because he didn't have a SS# and I had do my taxes, filed married but separately then.)
A letter explaining my living situation with my mother signed by all of us, which would also explain utitlies
new auto insurance listing me as a possible driver
Credit card statements from our authorized user credits (there's no reason to make a joint acccount credit card since it didn't span the time period of the marriage) I can send an article stating joint credit accounts are not that common? I really no idea these existed, plus his credit was non existant so he couldn't build any credit.
We pretty much keep to ourselves(I'm surprised I'm married sometimes), i can have my family members write affvadits but what good would that do? What else can I do to show evidence of the length of marriage to present date? To clarify the situation, I was in school from 2010-2011 (We were apart for about a year =( but it was a great scholarship opportunity that I couldn't pass up and also didn't want to uproot him from familiar asian things completely since Nc is devoid of asians.). From 2011 on ward we lived together in joyful bliss until we hit the hurdle that was this RFE.
I pretty much been working off of Visajourney suggestions but I was so relieved he was here, I never really followed up and made sure I took steps to keep evidence for the eventual 751.
What does everyone think? I should I ask an advice from a lawyer at this point? I know there's still a Stokes interview possibly (he still doesnt' speak english that well poor guy, but that's why he's taking ESL classes). I am just freaking out right now.
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We been drifting apart for the last year or so, but I care enough about him to see him through the I-751. However, I don't care enough to keep up with evidence within the last year and the next. (Haha, that sounds ripe for divorce. Probably.)
We have a shared credit card and bank account. I do have other bank accounts that I had opened before I married him and it basically sits there. One my mom deposits into because I pay her credit card bills(she's my authorized user), but his name is not on it because it was a hassle to add his name(Citibank wanted us to close and reopen the account) and we never ended up doing it.
We have mail going to the same place with our names on it, but that of course is not very strong evidence. I don't get my insurance through work(really expensive for what is given for coverage so there is that) We filed joint tax returns for 2011, jointed separately for 2010(He came in October, got married in December of that year) because he didn't receive a SS number yet.
That's basically it.... What should I do now I guess? I kinda feel bad if the I-751 gets denied because of a lack of evidence but it's kinda like... he has his own thing now and I do my thing. It's like we're roommates not husband and wife.
We probably would fail a Stokes interview. It's just depressing for now.... *Sigh*
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Just as an update, I did send it by express mail. But there was no one to sign for it until the 16th! and then the status didn't get updated until the 18th. I hope the 3 day rule is true...
Now just waiting for the best. Hopefully, everything will turn out okay. Not even sure really what comes next? Interview??
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My cosponsor? joint sponsor.
I just wanted to double check if I should still put my information in there even though I have a cosponsor.
They're not open on Saturday, so if it arrives on Saturday will that be a problem?
Also this is frightening to me, if the decision becomes a denial(I'm worried if it doesn't get there in time), then is it over and there is nothing you can do? Or do you get a lawyer and repeal?
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Hi everyone,
I'm getting really nervous because I got a RFE for having insufficient tax information. Because my income this year was not enough, I had to find a cosponsor for the RFE. However he took a very long time, and it's very close to the 87 days that they mention on the RFE. Is this 87 days based on the date that is printed on the sheet on the left corner or some other date? And is this date postmarked by? Will I need to do one day delivery?
Also, my RFE asked for household citizenship status, their income statements etc. I filled out the form wrong accidently(put my spouses name where it didn't belong and I guess they thought I was adding him as part of the 125% test). If I have a cosponsor, I don't need to address any of these issues do I? Just have the filled out I-864, tax documents, and citizenship proof?
=/ Should I put his stuff or my stuff first? I know the pink letters go on top, but is a cover letter necessary in this case too?
argh I'm so worried now but I didn't want to rush my co-sponser after he did such a huge favor.
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Wait to clarify, since I'm off work on Wednesday and that'll be at the 71 day mark(which makes me worried). I should get a SSN for my husband before we submit the AOS paperwork? And then go change the SSN card to an unrestricted one with the EAD or greencard in hand?
Confused... why is not easier just to wait for AOS to process?
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Wait, there's an interviewing process too? I thought only some were selected. But all the K-1's are selected? Oh well, I can only pray that it falls on a day that I don't work(No vacation/sick days, sad.)
On a side note, my 2009 tax return only shows half a year worth of income, although I have enough for a full year if they count from then to now. Should I send in all my w-2's for the mean-time? Or should a employer's letter suffice?
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I guess I will try just sponsoring myself, and if it doesn't work it'll give me more time to find another co-sponsor or get a hold of the current one somehow.
I have the Vaccination Documentation Worksheet that the FAQ says I can use in place of I-693, but I read it was suggested that we attached the rules that state that this acceptable as well. The links in the FAQ are broken, can someone redirect me to working links?
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Hi,
Up to this part, I've followed the guides and that's been fine, and everything actually went pretty smoothly except for the time it took. However, now he is here, I am so lost and confused to what to do.
The reason is, being the idiot that I am, forgot to make a copy of the packet before my husband(hehe) submitted it during his interview process. Now my original sponsor is immigrating soon(the family friend got transferred overseas), and so I don't think he qualifies anymore. But even if he still does, sad to say, I don't think he has time to get me the transcripts and everything again with all that's going on in his life right now. I'm still going to contact him, but as I've been calling all week and he hasn't answered my phone calls is not a good sign.
Originally I met the poverty guideline limit of 18k for 2people, but I only had evidence of about 6 months. I have about a year now, would that be a enough? I was student for the previous two years. If I change sponsors, do I have to file extra paperwork... now it is just a mess.
But to confirm all the paperwork needed for the AOS
I-485
Cover Page
Copy of Husband's Passport, all pages
Another copy of the K-1 Visa page
Copy of I-94(uh... did they fill this out at the border?)
Copy of Husband Birth certificate, with English translation
G 325a 2 copies, filled out by him
I-693 (with DS-3025? He has this little booklet and a piece of paper with vaccinations on it, is this it?)
I-864 (Why did I not make a copy!
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I-131 (this is free right? Although I don't think we're going to be out of the country any time soon with this mess)
Check for 1070
is this the table of contents? Am I missing anything? Can I do anything electronically? =D
But I am really sick and worried about the sponsor problem. For some reason this part of the process seems way harder than the earlier part.
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Wait, I'm confused.
So call NVC for case number and ask if the casefile has been sent, and if sent, how was it sent?
What's the DHL tracking thing people are talking about then? (2-4 months?!!)
I was busy with work for the last week or so since receiving the NOA2 in the mail, should I start calling NVC now and ask if the casefile has been sent? Then call DOS? If it's P3 sent, we can use the shortcut?
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I'm in the same boat is the OP and not sure what I should do. I know I need a co-sponsor based on the fact I had no tax returns for 2007/2008(as a student I had pretty much a full ride so I didn't have to work). Well, and also for 2009 I don't have enough(I make enough starting next month, but that's not going to fall under 2009). My co-sponsor has more than enough taxable income to make up for my shortfalls, but he's not related to us(he's a really good family friend that's helping me out) so I don't know how GUZ will look at the whole thing.
Besides the CPA thing(which I don't get what am I exactly supposed to be giving them), is there other things I should be aware of? I haven't filed for 2009 yet.
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ok - red flag list for quasi-current issues at GUZ - this is off the top of my head, specific to K-1 (Not CR-1 or IR-1) but from reading on VJ and 2 China Specific Sites:
8. Scant Casefile. Uhm... What the heck did you file with the initial submittal on the petition? Was it just the minimal bits? Or did you include other stuff, supporting evidence? If the casefile is scant, well, ####### - that's gonna suck - because the only thing the ConOff knows about yer lass is WHATS IN THE CASEFILE, and it's reviewed prior to interview day (with them looking for red flags). (they do know a bit more, based on the namechecks done on the two of you ) - but - which would you prefer, really? The casefile having stuff that covers your possible red flags on initial submittal, or a ConOff badgering yer lass on Interview Day, even though she has a stack o stuff in her carry bag that covers all the red flags?
I feel like I'm going to get screwed over now... knew I should have waited for my trip to get those photos instead of just submitting the petition as it was... I was like whee this seems relatively easy... oh @#$@. Okay, am just going to hope for the best and try to be there come interview date(and go to ACH and ACS)
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The Chinese police certificate will need to be translated into English - this is usually done by a Notarial Office in China.
I have no concept of the Japanese Certificate.
Wheee search function! I was noticing that police certificates and birth certificates needed to be translated and notarized and I was like ??? how the heck does he do this? That simplifies things.
Question though, for the receipts and stuff of the recent visit I made(we learned now to keep EVERYTHING) do these need to be translated too? Same with our qqchats? (I recently found there was a chat history button
way to not know chinese). I think this is more related to P4 though or something. And does he just bring these to the interview? *crosses fingers* If they don't take them, we're kinda screwed as I didn't submit any "ongoing relationship evidence"(cause we didn't keep any! argh) with my I-129F
Received RFE because it does not cover whole period of marriage?
in Removing Conditions on Residency General Discussion
Posted
To my knowledge yes, it would not matter because he now is a US citizen.