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Posts posted by Archeon
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Hi everyone,
As everyone here was so helpful in obtaining my K-1 Visa and conditional green card I wanted to give this a shot here before going to see a lawyer to see if anyone knew the answer.
I am british and entered America on a K-1 Visa, got married within the 90 days, adjusted status, got my conditional green card.
Now unfortunately we have decided to separate, prior to filing for removal of conditions, and I will be moving back to the UK. This leads to a couple of questions:
1) When I leave the states, my green card is still going to be valid for about 6 months more, should I be surrendering it or notifying USCIS?
2) If I let the green card expire, am I going to have difficulty entering the united states again in the immediate future under my UK passpord (not the green card), as I have vacation homes and friends here that I would rather not get locked out from.
Many thanks,
Simon
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Seriously. CALL YOUR CONGRESSPERSON or SENATOR. You simply do not have access to the appropriate resources to get it sorted out on your own!
The only reason I havn't gone down this route, is because I was given a month to respond to the RFE. Ultimately it comes down to the fact that I will comply with the request, redo the medical (which I had done today), and kick up a ###### storm afterwards.
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And the final update for anyone following this.
I heard back from a supervisor that what I have to do is do the medical, then send a letter requesting reimbursement. If they dont do it, then i have to take it up with Ombudsman.
first rule of RFE - comply, or risk denial.
For the sake of my family, I think the $200 is worth risking.
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Well I rang again to get a second opinion, as I had now had several different versions of what to do.
the guy i got on the phone refused to help me saying "You have been told what to do" and then hung up the phone ignoring me saying I had been told different things.
I am currently fuming and looking to get a lawyer involved now.
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Ok, update after spending another 3 hours on the phone and receiving none of the promised call backs:
I spoke to an officer who said that what I should do is submit another copy of the I-693 vaccination supplement that I got signed in the states along with a letter explaining where I had my previous medical so that USCIS can try and get another copy.
I have to say I am a bit nervous about submitting a letter in place of the actual evidence they requested, but I got the officers name who told me to do it, so I guess I have good grounds to appeal if they kick up a fuss about it.
Any thoughts?
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have you tried contacting the doc that did your medical in the UK? I had mine from Aus forward me another copy of the medical in case this happened to me.
** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status Case Filing and Progress Reports" as the prior forum is for questions and this one is for updates/progress**
Well the person who was meant to call me back had gone home. The Officer I spoke to suggested I prospone my medical (the 3rd one) and her supervisor was going to talk to the adjudicator tomorrow morning and get back to me first thing. I won't hold my breath but I imagine another day on hold to USCIS to come.
On the up side they did say if it was their error, they would front the cost of the new medical, so just a case of them investigating it internally before my deadline for reply runs out.
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For us, we asked Monday and they got back to us by Friday...but it sounds like the ball is already rolling for you.
I am currently on hold, and have been for 33 mins now, just to double cover myself incase she doesn't call back,
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still waiting for call back, if it gets to one hour before the end of the officers shift I plan to call back and chase, as I have the medical scheduled for tomorrow morning (something I would rather not do and pay the money for without needing to).
Unfortunately they only gave me a month (lol) to submit my information for this, so raising hell really isnt going to be in my best interests due to time constraints, especially if I have to redo tb skin tests which take a week.
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Ok so, update.
I rang back and got through to the most senior person I could, who is investigating for me and talking to her supervisor about what is going on with my case and specifically what is going on.
I am basically pushing for USCIS to foot the bill for the medical if they are the ones who have lost it (though I am not holding my breath on this)
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Did you get your RFE today? It just sucks that after waiting for 4 whole months, you get a letter saying: "Oh, we need this from you!"
KnR aka slider100
Yep, got RFE letter today, for them losing forms. To add insult to injury, I already forked up $160 to the civil surgeon due to the first RFE.
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Well a bit of a rant here, but I will start with some background:
Came into america on K-1 (had my medical in england)
Submitted AOS
Got RFE during acceptance stage due to medical mistake (hadn't been signed by a civil surgeon in america)
Waited 4 months
Got RFE saying "We can't find your medical forms from england, redo them"
So I rang USCIS, got posted to 2nd line, who said basically "yeh, our bad, we lost them, but you still need to pay to get them done again"
ARGH!!
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long live bureaucracy...i might just tell the dmv person to do a google search for K-1 visa and realize i am allowed to be there
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Hi all,
I am a K-1 visa holder, entered america, got married, applied for AOS.
I am now trying to sort out my driving licence in NC, however they are refusing it on the basis that my I-94 has an expiry date on it, making me not a legal resident in their eyes. I also had a chat with the police who, for the sake of my UK driving licence DO consider me a permanent resident.
Has anyone else experienced this, and if so how did you over come it?
Thanks,
Arch
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Hi,
I was wondering if someone could tell me what the nonimmigrant visa number is for my K-1 visa when filling out the form i-485?
I have taken a look through the instructions but without success.
thanks,
Arch
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For K-1 you fill out I-134, it is basically a reduced version of the I-864
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As far as I am aware the requirements for co-sponsor are:
1) They do not have to live in the same house
2) They have to live in america (so cant be a parent in home country)
Presumably your fiancee will be your primary sponsor, so put his/her address as the primary.
Regards,
Arch
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Hi everyone,
As someone who is now spending his first day in america following a successful K-1 process I would like to publicly say thank you to everyone here who take the time and the effort to help others. Without the help of everyone here I would have been significantly less well prepared for every step of this procedure, and despite the last minute "oh ######!" moments when reading more info the day before my interview, everything went fantastically.
I wish everyone the best of luck in their applications, and I will attempt to pay back all the help I was given in turn as I know how horrible this whole process is.
And now, to marriage and AOS
Regards,
Arch & Teresa
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Hi everyone,
I have a rather specific issue:
1) I have a K-1 Visa
2) I need ~1 months medical insurance before i can get added to my soon to be spouces health cover provided by her work
3) All the sites i go on seem to recommend "HCCMedical" (atlas series) for health insurance when immigrating, but when i get to fill out the form is wants "date returning to home country" (despite it being in the immigration section on their web site) and seems to count as travel insurance.
4) I have a pre existing condition that I need cover for (the policy above offers protection against "acute illness" relating to pre existing condition, which is perfect).
5) I have been told all "travel insurance" is invalid once you enter as an immigrant, tho K-1 is technically non immigrant?
Can anyone suggest the best course of action for me here?
Cheers,
Arch
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ok tax transcripts for the last 2 years being faxed on monday.
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And if we cant get them because it is 2 weeks till our interview and neither of us had heard of tax transcripts before today?
Long live the embassy websites for being completely vague.
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Tax returns do not have to be notarized. A photocopy of a return is fine. An "original" return would be the paper return signed and mailed to the IRS. Everything else is a "copy" if that makes sense. If her copy is one that could be mailed in, meaning not just a summary or receipt of efiling, then it's okay. It would typically contain a Form 1040 and perhaps some Schedules if applicable to her tax situation (Schedule A, Schedule D). And it would need a photocopy of her W-2 that she got from her employer showing a summary of wages paid to her in 2009. She should sign and date that copy of the 2009 return, then make a photocopy to send you. She will need it again for AOS, so needs to keep a copy.
I use TurboTax and just printed off another copy, but signed and dated it. If she has only the one from her accountant, then she could sign and date (day she filed) and make copies from that for immigration.
Ok so, assuming I have the last 2 years of tax returns, you think the best thing to do is just to photocopy the 2009 one, and hand that in? Along with a photocopy of the W2's.
It is a little impractical to get her to sign and date the tax returns at this point, what with my interview coming up, but I do have 2 of the other requirements from the I-134 list (letter from employer and letter from bank) so this should be an extra.
Regards,
Arch
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Hi all,
In regards to the I-134 form, I intend to present my other half's tax returns as part of her affadavit of support.
The problem here is that I have the last 2 years tax return, the 2008 one is a direct original, the 2009 one is a print out from her accountant of a digital submission.
In regards to submitting these as evidence of support, what do people think is the best way to proceed as the UK embassy site says:
notarized copies of his or her latest federal income tax return;
Now is willingness to submit an original, albeit a digital print off better than this? Or do I need to be looking towards getting a certified copy made, even though I am not sure if I can do this as the documents are not in my name?
Regards,
Arch
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In addition to the above, my other halfs 2009 tax return was submitted digitally, so all i have is a "copy" (all she was given by her accountant)...how does this change matters?
Separation Prior To Removing Conditions
in Effects of Major Family Changes on Immigration Benefits
Posted
Hi Nich-Nick,
Yes I was aware that it isnt a dead loss, but I have taken the decision to return to the UK.
Vanessa&Tony - thanks for your answer, confirmed this with border patrol and will surrender to the US embassy once I get back to england.
Regards,
Simon