omabern

Thank you Trillium, I'll attempt that!

I've never had this issue, but I've seen others post that if you really push them on the phone, you CAN speak with an actual immigration officer, not just someone reading off a script. It's certainly worth a shot.

Thank so much, guys. Sorry for not getting back sooner. Christmas busy!

We decided to just submit everything they ask for to hurry the process along. We have had such ridiculous things go on. We've had our initial package lost by the PO, so we had to do it again and send in another one. Then we get a letter for someone else that applied - why, we don't know. Not even the same country but it came in a letter from uscis stating they received our package and it's being processed. Then, only after complaining to the PO about packages and letters going missing, we get our original package back with an apology letter from the PO. Then we don't get responses from uscis for months after submitting corrections they asked for, only to find out that all their mail is being returned to them undeliverable....wth? we use a P O Box! so yesterday, we get 3 letters at once with requests for more info from uscis.

OY!

So, thank you everyone for your help. I will be calling after Christmas to find out if we are still being mixed up with this other person. I think what happens is the person working on the package is doing too many things at once. To get someone elses letters twice, is kinda weird.

Happy Holidays!

The reason they want an employer letter and pay stubs is because they want to know that his income is SUSTAINABLE. It's been nearly a year since your husband filed his income taxes. During that time, millions of Americans have been laid off of work and had to find jobs paying less than before just to survive. Sometimes paying MUCH less. The USCIS wants to know that your husband's income as stated in his tax returns (you submitted 2008 instead of 2009? That would be a red flag to them right there) is still current and sustainable. Once they see that's still what he makes, then they'll process it. If not, they'll reject it and ask for a co-signer.

What is your household size? Do either of you have children? This could also be a factor.

Good luck!

Thanks guys. I guess this is the info they request from everyone, still, I may make that call since they have incorrect info on our income.

Past income (Past years IRS returns) do not indicate to USCIS current and future income, that's what pay-stubs and employer letter is for.

The pay stubs and employer letter are what they are requesting but it appears the need is based on incorrect information.

His income is way above the 125% of poverty.

We had included the last 3 years income and a copy of 2008 income taxes.

I am wondering if there is someone to call other than the customer service center to get this right. I really am concerned

they are making this request based on someone elses info since we have already received 2 letter from uscis for someone else.

Thanks for the response.

I would return the package with income amount on form I-864 highlighted, as well as gross income on IRS transcripts or returns highlighted.

What does income look like for 2011?? If unemployed or income projection for 2011 is low then this can be the reason.

Did you attach copies of past 6 months pay stubs showing income is in line to exceed this figure for 2011?

How about an employer letter stating salary exceeds this income level?

This is an Adjustment of Status topic, and is not about filing I-130 and I-129F for a K-3 visa. MOVING..

Hello.

I have submitted the I-485 packet with my husbands income for the last 2 years (he's American, I'm Canadian and the applicant)

We get a request for evidence because my husbands income does not meet the requirements which is 125%of poverty BUT, his income

is above - way above. Poverty is 18.400 or so.

Now, we have had a mix-up with getting another persons responses from uscis and we're wondering if they could have mixed up

incomes?

We tried to call and get this straightened out but they won't even listen. They just tell us to submit the evidence requested.

Well, this could take time, they want a lot and is really unecessary plus, we want the paperwork to be correct in the first place

and having the incorrect info about income on the record is wrong imo.

I tried calling twice but they tell me I have to either get a lawyer or go to the local uscis office but we do not have one and

the closest one is 600 miles away by flight (we're in an area you can only fly or boat out of)

Is there any way to contact someone who actually works on the applications? because clearly, someone has gotten the numbers wrong.

Thanks so much for having this site!

Hello.

Thanks for responding. We did submit the I-130 with appropriate documentation so now we wait to see what the verdict is.

Hello.

Thanks for responding. We have already been told on this board to submit both together and the instructions also suggest both can be submitted at the same time.

Is this incorrect?

Thanks again.

Hi omabern.

The first step in your immigration process is for your husband to submit an I-130 petition along with supporting documents and fees to USCIS.

The I-485 (Application for Adjustment of Status) and I-765 (Application for Employment Authorization Document) are not submitted yet.

These applications are sent in AFTER you have gotten a K3 visa (non-immigrant visa for spouses of U.S. Citizens), CR1 visa (conditional permanent resident visa for spouses of U.S. Citizens, this is given if you have been married for less than 2 years), or an IR1 visa (lawful permanent resident visa for spouses of U.S. Citizens, this is given if you have been married for 2 years or longer), and have entered the U.S. using any of the visas mentioned. You will receive an A# (alien number) after your petition(s) have been approved.

The VisaJourney Guides are an excellent source for helping decide which visa path you wish to take. You may want to read about them first so you know the difference between them and get an idea about what the requirements and timelines each path takes. Here is the link to the VJ Guides: http://www.visajourney.com/forums/index.ph...amp;page=guides

Hope this is helpful.

I am married to a US citizen, in the USA as a visitor from Canada. I am sending in all the required documents I-130, I-485 etc. so I can be with my husband and work.

On the I-765 petition to work form, do I put a-9 or c-9 where it asks for the Eligability under 8CFR274a 12? I think I'm goofy from all the forms and can't seem to clarify for myself. Any help would be appreciated

OH! I also don't have any of the alien numbers (I-94 or something) or visa numbers that are asked for on these forms so I should be putting "none" or "n/a"?

You are adjusting your status from a visitor visa then? You should do some exstensive reading on that. Be sure that you can prove that you didnt visit with the intent to marry,stay and adjust.

You should also ask an organizer or mod to move this to the AOS forum. This is the k3 forum and while we all eventually will do AOS, its not the same situation(or category) and you will get more advise and guidance there.

So, just to be absolutely sure. I file the I-130 with the apporpriate documents then wait until I hear something back....to file the I-485?

Also, I am now a few days beyond Visitor Visa Waiver 6 months limit, will that be a problem?

thanks again.

Fabulous. Thank you so much!

Also here is the link to filing to make sure you have all the forms needed to file.

AOS greencard filing

We're mailing out today!

Good luck to everyone

Mailed out my application today by USPS Express mail.

Come on..... October filers, I'm waiting!!!

Hello.

Thanks for responding. We have already been told on this board to submit both together and the instructions also suggest both can be submitted at the same time.

Is this incorrect?

Thanks again.

Hi omabern.

The first step in your immigration process is for your husband to submit an I-130 petition along with supporting documents and fees to USCIS.

The I-485 (Application for Adjustment of Status) and I-765 (Application for Employment Authorization Document) are not submitted yet.

These applications are sent in AFTER you have gotten a K3 visa (non-immigrant visa for spouses of U.S. Citizens), CR1 visa (conditional permanent resident visa for spouses of U.S. Citizens, this is given if you have been married for less than 2 years), or an IR1 visa (lawful permanent resident visa for spouses of U.S. Citizens, this is given if you have been married for 2 years or longer), and have entered the U.S. using any of the visas mentioned. You will receive an A# (alien number) after your petition(s) have been approved.

The VisaJourney Guides are an excellent source for helping decide which visa path you wish to take. You may want to read about them first so you know the difference between them and get an idea about what the requirements and timelines each path takes. Here is the link to the VJ Guides: http://www.visajourney.com/forums/index.ph...amp;page=guides

Hope this is helpful.

I am married to a US citizen, in the USA as a visitor from Canada. I am sending in all the required documents I-130, I-485 etc. so I can be with my husband and work.

On the I-765 petition to work form, do I put a-9 or c-9 where it asks for the Eligability under 8CFR274a 12? I think I'm goofy from all the forms and can't seem to clarify for myself. Any help would be appreciated

OH! I also don't have any of the alien numbers (I-94 or something) or visa numbers that are asked for on these forms so I should be putting "none" or "n/a"?

I am married to a US citizen, in the USA as a visitor from Canada. I am sending in all the required documents I-130, I-485 etc. so I can be with my husband and work.

On the I-765 petition to work form, do I put a-9 or c-9 where it asks for the Eligability under 8CFR274a 12? I think I'm goofy from all the forms and can't seem to clarify for myself. Any help would be appreciated

OH! I also don't have any of the alien numbers (I-94 or something) or visa numbers that are asked for on these forms so I should be putting "none" or "n/a"?

Be adivsed that there isn't free healthcare everywhere in Canada despite what you hear in the American news. If healthcare without a fee is important to you, do not go to Vancouver or B.C. as you will pay a premium for your healthcare. There are other provinces as well that require you support your own healthcare.

Having said that, it depends on what you are looking for in an environment. Please check out travel websites, photo sites and then the chamber of commerce for each city you are interested in.

If you are a white collar worker, you will want to stay in the larger cities.

Im here trying to figure out where i should go or try to get some guidance. I live in the U.S. but are trying to move to canada. Now i know im probably at the wrong forum or discussion board. I am currently going to college and I close to recieve my associates in Business. Now my question is that since my immigration status is not yet set as far as any answer on my application to get a permantent recidency, and well i want to move to Canada and be close to my girlfriend which is now pregnant, long story short she is in here as much as her passport and laws limit her. So since i havent gotten an answer here i want to go over there to Toronto with her and start our lives together over there. So does any one has any idea as to where i can go or if i can get some answers here as to how i can immigrate there. I had been looking at the ways to apply for permanent residency there, im a mexican citizen as from now, and well alot of people here are canadians and seem to be very education on the subject. i been looking toward as a provincial nominee hoping that my degree could be of help, since the requirements are and i quote "have the skills, education and work experience needed to make an immediate economic contribution to the province or territory that nominates them. They are ready to establish themselves successfully as permanent residents in Canada" anyways i wrote to much already so if anyone can help me or guide me in the right direction i would really appreciatet that, like i said im not in the interest to do anything bad but to help and to nurish the place where i would reside.

Fabulous. Thank you so much!

Also here is the link to filing to make sure you have all the forms needed to file.

AOS greencard filing

I did the same thing you did as far as coming to the states and falling in love. Don't waste your time with the extension as its a mute point if you are filing AOS. Just get the I-130 and 485 filed with your documents and you are able to stay legally in the states until that path is finished. As for traveling back home you would need to apply for a I-131 for that, plus I suggest applying for the work EAD card as for things like SS#'s and drivers licence they won't help you out unless you have either your EAD card or greencard. Trust me. Its all included in the cost of your I-485 so might as well take advantage of things and aplly for everything. =)

Thank you so much for your help! I don't know if I am filing AOS. Is that for family members?

I do have the other forms you mentioned....all of them and will be sending them in as soon as I am finished filling them out.

Hello. Any help would be appreciated.

I am from Canada and came to USA as a visitor so don't have a paper visa. I got married here in the USA and am filing an exptension. On the I-539, what do I put as the expiry date since I don't have the visa to tell me? do I count 6 months or do I put "n/a" since I don't have a paper visa with an end date?

I will also be filing I-130 and the I-458 packet too, so should these all be submitted at the same time?

Thanks to anyone who replies. I am running out of time to file and truly appreciate any help.

I'm confused and maybe someone will come and help you out. Why are you applying for an extension if you are applying for a I-130 and 485? To the best of my knowledge you don't need an extension as once you have your immigration receipt notice in hand you are now in what they consider 485 pending status til the outcome (ie greencard) and no other visa is required.

Hi. Thanks for responding. I came to the US as a visitor but that time is running out so am applying to extend my stay as a visitor while we also file for my permanent residency so I can live with my husband here in the USA.

You only file for extension if you intend to stay in the US as a visitor. I take it that you fell in love and decide to get married after your initial entry. Make sure you marry no less than 90 days after you enter US soil; any less will raise a red flag that you marry to get immigration status and it is considered fraud. You need to adjust your status by using the correct procedures and forms. You can find them on this website, www.uscis.gov

Yes, that is what I am trying to do....to file an extension so I can stay in the US. I need help with the I-539 (the extension form) regarding what to put as the expiry date since I don't have the visa to tell me?

do I count 6 months from when I arrived, or do I put "n/a" since I don't have a paper visa with an end date?

Thank you.

Hello. Any help would be appreciated.

I am from Canada and came to USA as a visitor so don't have a paper visa. I got married here in the USA and am filing an exptension. On the I-539, what do I put as the expiry date since I don't have the visa to tell me? do I count 6 months or do I put "n/a" since I don't have a paper visa with an end date?

I will also be filing I-130 and the I-458 packet too, so should these all be submitted at the same time?

Thanks to anyone who replies. I am running out of time to file and truly appreciate any help.

I'm confused and maybe someone will come and help you out. Why are you applying for an extension if you are applying for a I-130 and 485? To the best of my knowledge you don't need an extension as once you have your immigration receipt notice in hand you are now in what they consider 485 pending status til the outcome (ie greencard) and no other visa is required.

Hi. Thanks for responding. I came to the US as a visitor but that time is running out so am applying to extend my stay as a visitor while we also file for my permanent residency so I can live with my husband here in the USA.

Hello. Any help would be appreciated.

I am from Canada and came to USA as a visitor so don't have a paper visa. I got married here in the USA and am filing an exptension. On the I-539, what do I put as the expiry date since I don't have the visa to tell me? do I count 6 months or do I put "n/a" since I don't have a paper visa with an end date?

I will also be filing I-130 and the I-458 packet too, so should these all be submitted at the same time?

Thanks to anyone who replies. I am running out of time to file and truly appreciate any help.

Hello. I have contacted someone in State office about how to get permission to stay in the USA with my husband beyond the Visa Waiver Visitor timeline (I'm from Canada, we recently married) and am confused as where to file I-539 and subsequent forms? as I-539 form states to file in California (for Alaska resident) but was instructed in email by a States representative to file the I-539 at Nebraska.

Also, this I-539 asks for a I-94 number, which I do not have. I am from Canada and therefore, visa waiver is used as a visitor visa. What do I put as the expiry date then? would it be the date at the end of 6 months or do I put "n/a" since I don't have a paper visa with an end date?

Should I be filing the I-539 at same time as the I-130 and the I-458 packet? And should I be applying

for CR-1 instead of I-130?

Part 3- 3 of I-539

The question on the form is:

Is this application based on a separate petition or application to give your spouse and extension or change of status?

Do I answer yes since we will be filing the I-130 and I-458 packet as well?

Thanks to anyone willing to answer all these questions! I truly appreciate a place like this to come to for added help.