Jump to content

K and L

Members
  • Posts

    727
  • Joined

  • Last visited

  • Days Won

    1

Reputation Activity

  1. Like
    K and L got a reaction from VanessaTony in Getting a Licence in Iowa   
    I believe this may be one area that you can get different response from different people. If you follow the literal interpretation, the Iowa DOT policy does not explicitly allow one to get a license while one's I-485 is pending.

    If an immigrant entered via K1, they have a 30 day minimum residency before being eligible to apply for a license (and again, the issue of residency transferring via marriage seems to depend on whether or not that person will accept it - marriage certificates are not explicitly listed as acceptable), and have 90 days of status. With the 30 days of status requirement, they are eligible to apply from day 31-60, but it will expire on day 90.
    If your EAD or AP gets accepted (roughly 2 months after filing), then you are again able to apply for a drivers license so long as your card is valid for 30 days after issuance.
    There is no indication below that they accept a NOA as proof of status, so for those two months between NOA and EAD/AP or 3-4 months until GC? As it's not explicitly approved, you can be told no if you are out of status just as easily as yes.
  2. Like
    K and L got a reaction from katgrl in Married on Tourist Visa   
    If I can be blunt, you don't know what you're doing, and you have a very limited time in which to do this and do it correctly if you want your wife to not banned from the US.
    Think very carefully about the ramifications of this. You would have to move to the UK. For the next 10 years, you could not visit your family with your wife. You might have a greater fight in 10 years to get her visa, if you and your wife wished to live in the US.
    If you file for the CR1, your wife can stay until the 15th. She can even visit you other times while her case is pending (though the "90 days in / 90 days out" guideline would be best to follow). She'll have time to close up her life in the UK -- something she cannot do under the option (as she cannot leave the US while a concurrent I-130/I-485 filing is pending).
    It really seems like it's in your best interests to go the CR1 route rather than adjust off the VWP.
  3. Like
    K and L got a reaction from juliava in Married on Tourist Visa   
    If I can be blunt, you don't know what you're doing, and you have a very limited time in which to do this and do it correctly if you want your wife to not banned from the US.
    Think very carefully about the ramifications of this. You would have to move to the UK. For the next 10 years, you could not visit your family with your wife. You might have a greater fight in 10 years to get her visa, if you and your wife wished to live in the US.
    If you file for the CR1, your wife can stay until the 15th. She can even visit you other times while her case is pending (though the "90 days in / 90 days out" guideline would be best to follow). She'll have time to close up her life in the UK -- something she cannot do under the option (as she cannot leave the US while a concurrent I-130/I-485 filing is pending).
    It really seems like it's in your best interests to go the CR1 route rather than adjust off the VWP.
  4. Like
    K and L got a reaction from amykathleen2005 in Married on Tourist Visa   
    If I can be blunt, you don't know what you're doing, and you have a very limited time in which to do this and do it correctly if you want your wife to not banned from the US.
    Think very carefully about the ramifications of this. You would have to move to the UK. For the next 10 years, you could not visit your family with your wife. You might have a greater fight in 10 years to get her visa, if you and your wife wished to live in the US.
    If you file for the CR1, your wife can stay until the 15th. She can even visit you other times while her case is pending (though the "90 days in / 90 days out" guideline would be best to follow). She'll have time to close up her life in the UK -- something she cannot do under the option (as she cannot leave the US while a concurrent I-130/I-485 filing is pending).
    It really seems like it's in your best interests to go the CR1 route rather than adjust off the VWP.
  5. Like
    K and L got a reaction from sciencenerd in Married on Tourist Visa   
    If I can be blunt, you don't know what you're doing, and you have a very limited time in which to do this and do it correctly if you want your wife to not banned from the US.
    Think very carefully about the ramifications of this. You would have to move to the UK. For the next 10 years, you could not visit your family with your wife. You might have a greater fight in 10 years to get her visa, if you and your wife wished to live in the US.
    If you file for the CR1, your wife can stay until the 15th. She can even visit you other times while her case is pending (though the "90 days in / 90 days out" guideline would be best to follow). She'll have time to close up her life in the UK -- something she cannot do under the option (as she cannot leave the US while a concurrent I-130/I-485 filing is pending).
    It really seems like it's in your best interests to go the CR1 route rather than adjust off the VWP.
  6. Like
    K and L got a reaction from marlea in Married on Tourist Visa   
    If I can be blunt, you don't know what you're doing, and you have a very limited time in which to do this and do it correctly if you want your wife to not banned from the US.
    Think very carefully about the ramifications of this. You would have to move to the UK. For the next 10 years, you could not visit your family with your wife. You might have a greater fight in 10 years to get her visa, if you and your wife wished to live in the US.
    If you file for the CR1, your wife can stay until the 15th. She can even visit you other times while her case is pending (though the "90 days in / 90 days out" guideline would be best to follow). She'll have time to close up her life in the UK -- something she cannot do under the option (as she cannot leave the US while a concurrent I-130/I-485 filing is pending).
    It really seems like it's in your best interests to go the CR1 route rather than adjust off the VWP.
  7. Like
    K and L got a reaction from Harpa Timsah in Married on Tourist Visa   
    If I can be blunt, you don't know what you're doing, and you have a very limited time in which to do this and do it correctly if you want your wife to not banned from the US.
    Think very carefully about the ramifications of this. You would have to move to the UK. For the next 10 years, you could not visit your family with your wife. You might have a greater fight in 10 years to get her visa, if you and your wife wished to live in the US.
    If you file for the CR1, your wife can stay until the 15th. She can even visit you other times while her case is pending (though the "90 days in / 90 days out" guideline would be best to follow). She'll have time to close up her life in the UK -- something she cannot do under the option (as she cannot leave the US while a concurrent I-130/I-485 filing is pending).
    It really seems like it's in your best interests to go the CR1 route rather than adjust off the VWP.
  8. Like
    K and L reacted to Harpa Timsah in Married on Tourist Visa   
    If you did not have plans to marry and stay here when your wife entered the US, then you can adjust her status. However, you must understand some things.
    1. She did NOT enter with a visa. She entered on the Visa Waiver Program (VWP), which for this purpose is entirely different than a visa. Since she did enter on the VWP, then if your adjustment is denied, there is no recourse for going to court and arguing about it. She signed away her rights to a trial when she entered on the VWP.
    2. You can adjust status on the VWP if you get the paperwork accepted before her 90 days are up. You will fill out a CONCURRENT I-130/I-485. The guide is here:
    http://www.visajourney.com/content/i130guide2 It costs now $420 + $1070, plus the medical.
    3. If you do not get the paperwork accepted before the 90 days are up (not just received in the post box, but initially accepted for review and checks cashed) then you risk an automatic denial simply based on the fact that she overstayed. Getting it initially accepted takes usually 5 business days from when it is received, but it can take more, and it can also be rejected for something as small as forgetting to sign a form. Normally, you can just resend, but for your case, it might mean the difference between in-status and overstay. For people that entered with a visa, an overstay is irrelevant for spousal petitions, but it IS relevant for VWP.
    Some offices are reading the law differently and deciding (based on some court cases) that people who overstay the VWP are not eligible to adjust status. They are choosing to deny petitions and order a deportation, which comes with a 10-year ban. If you are in NY, I think you may be lucky. I don't think they are one of the districts that are immediately denying overstay VWP people, but I am not sure and I wouldn't risk your future on a "hunch" from a stranger online!
    Read this article:
    http://www.nytimes.com/2010/05/15/nyregion/15visa.html
    A lawyer can't change what is going on with the VWP overstays, so I don't think one would help much.
    Let me sum up that you really need to get your paperwork accepted before the 90 day deadline... then you can sleep (relatively) easy... there is still a chance for denial if they think your marriage is fraudulent, but if it is real, then I wouldn't worry about that much.
    Once you get the papers initially accepted, she cannot leave the country for about 3 months. If she leaves, she will abandon this application. She must wait here until she gets a temporary travel permission, called advance parole, or the greencard itself, which is a permanent travel permission in itself (although with some restrictions you can read later).
    Hurry up and get that paperwork sent in!! Tomorrow!
    Congrats on your marriage!
  9. Like
    K and L got a reaction from VanessaTony in Change to AOS tips page   
    The I-864 explicitly does not require proof of current employment.
    From the instructions (page 7, part 6, section 23), bolding theirs.
    Some people believe that by providing information about current employment, they will eliminate a potential future RFE -- especially if they're in a situation where they failed to make the limit in the previous tax year and have already rectified that issue (new job, promotion, etc).
    HOWEVER: sending the most recent federal income tax filing information IS explicitly required by the I-865 (page 8, part 6, section 25).
    As Vanessa mentioned, this is corroborated by the checklist that precedes the part of the form you actually fill out (pg 11):
    The tl;dr take home message: Send the most recent tax year (so someone filing now would use their 2009 tax return), and if USCIS wants more, they will let you know. Have it ready (including bringing it to the interview, if you're interviewed). If they RFE you for it, mail it in with a photocopy of the RFE. If they ask you for it at the interview, provide it.
  10. Like
    K and L reacted to VanessaTony in Got interview, but not sure about staying in US anymore!   
    Agree with the PP in that no you don't need to prove you want to stay, just prove that you have a legitimate marriage.
    Honestly I would go simply because i think "approved for GC but gave it up" looks better than "denied".
    If you're 100% set on going, send a letter to USCIS stating you are revoking your AOS application due to leaving the country. Have your wife sign it as well so if you DO come back, you have it on record that she AND you are leaving the country and cancelling the petition was a joint idea (so they don't think you're leaving her, or she doesn't know you're leaving or something like that).
    I also agree the US isn't the "promise land" that some people think it is. Right now it has my husband and my puppy and the cheap house we bought together (gotta love house prices!!) but I'm not excited about my job prospects... I would earn a LOT more money and have a LOT more benefits living in Australia.
  11. Like
    K and L reacted to VanessaTony in Is this kind of harassment common?   
    I would say that the qn's about the friends, and especially one he already interviewed makes him think there's some sort of marriage fraud ring thing happening... it is a bit convenient that her friends have also applied for AOS recently.
    He is entitled to ask whatever he wants to shake you up, and he did, he pissed you off, that's one way to get people to admit the truth. He isn't supposed to be making personal attacks but it definitely sounds like a Stokes interview is headed your way.
    The fact that you knew each other ONLY 5 months, and that her visa was already expired when you married her does shout "fraud to stay in the US". It might be you're being honest but she's not.
    As stated the burden to prove your relationship is always on you, always has been. I'm not surprised he refused to show you where in the book it's written. 1. because he might not know exactly where and 2. because it shows you their rules which you're not privy to.
    Also, the "you've used up your 1/2 hour" implies to me that you didn't prove your relationship sufficiently in the time allotted by USCIS and now you'll probably get a Stokes (maybe the RFE'd info is enough).
    One more thing, the "no money in banks" thing definitely looks suspicious. It also makes it hard to prove financial co-mingling if you don't have an account where she can freely access your income (and making an account now won't help you). I know many people prefer not to use banks but self-employed poker player who doesn't use banks looks like a front. It's not fair to judge a book by it's cover but that's how it looks and it's up to you to prove otherwise.
  12. Like
    K and L reacted to VanessaTony in Mistake at Biometrics Today   
    Do your state laws allow for a middle name change? Not all states do.
    Either way the lady had no right to change it but I have some good news. If you do end up receiving the card wrong, you can request a new one, free of charge, due to a USCIS error because your marriage cert says the name, and your forms say the name, just some moron at USCIS screwed it up. The only issue there is it sometimes takes a while to get it fixed (around 3 months I think to get the new card, you have to send the "wrong" one in)
    One option you have is to make an Infopass appointment to double check what the name on file is so that you don't need to waste time with the I-90 (replacement) down the track. You can also call the 1800 number and ask to speak to an immigration officer to check the name on file.
    Hopefully calling or the infopass will fix it.
  13. Like
    K and L reacted to Boiler in Arizona Immigration Laws   
    The US does not want to have an ID system.
    The US actually needs an ID system.
    So the DL and SSN have become an ID system despite not being suitable or logical as an ID.
  14. Like
    K and L got a reaction from felipe&meg in What type of Visa is best for me and my Brasilian fiancee?   
    The Brazilian consulate's fairly fast. Our petition was approved 15 Jan 10, arrived in Brazil 1 Feb, and we had our date (originally 25 March) less than two weeks later. They're willing to work with you, within the validity period of the petition (4 months after being approved, so for us, before 15 May 10) and will occasionally grant an extension. They presently don't require the packet 3 that you'll see others talk about, so processing time to get to the interview is shorter, but the processing time AT the interview can be longer, as they spend some quality time reviewing your documents first.
    Unlike what Dan advised, the Brazilian consulate DOES encourage couples to attend the interview together. Only two of the individuals who interviewed a K1 didn't have their partners attend, and one of them was denied (and was the only denial - we were the last K1 to be interviewed, the remaining were K3/CR1).
    If your fiancee is a lawyer, she's probably detail oriented enough to read the instructions and follow them. The paperwork is not that hard, even with the divorces (just make sure you have apostilled versions of the paperwork). Not visiting Brazil isn't a problem as long as she's been to the US or you've been to a mutual third country (and since she visits you regular, not a problem)... the regular use of a tourist visa also won't be a problem - there are some that live close to the border of Mexico or Canada that are engaged to people not far away that do the same. Her being older also is NOT a problem with Rio (I'm 10 years older than my husband L). She WILL go to Rio for the consular interview, as the K1s are interviewed with the immigrant visa wing, which is in Rio..
    HOWEVER: being from Recife, she doesn't need to do her medical in Rio. She can do it in Recife at her leisure, as there are 3 or 4 civil surgeons in Recife.
    Do be advised that foreigners marrying a Brazilian in Brazil can take some quality time. Luckily, your fiancee lives in Recife, where there's a consulate that can take care of your consular needs... but there's a 30 day waiting period and the license is only good for 4 months, so you will probably need two trips to Brazil to take care of it there, or just do it in the US with no problems.
    And your fiancee is also welcome to PM me. I'm decently fluent in written Portuguese (though much better at reading than writing; my husband can check my Portuguese before we respond)
  15. Like
    K and L reacted to Darnell in Er... I Spy... no violation?   
    This 'need to restart a fight' - are you certain that you're on the right web portal?
    This 'fighting business' on long-term-grudges needs to stop.
    If ya can't play nice here, and have established, historical pattern of 'not playing nice' here -
    ya need to be elsewhere.
    VJ ain't the place, it's not yer playground.
    There are other portals. You should utilize them, invite yer opponents to follow you. Elsewhere.
  16. Like
    K and L reacted to You Don't Know Me in USA is now Arizona   
    Do you even know what the reason for denial was? Sounds like you don't...
    Exercise your rights, sure... Now show me where immigration is a RIGHT, you can't because it's a privilege.
    You were granted the privilege to sponsor your fiancée for immigrant entry into the US when your petition (I-129f) was approved.
    She was denied the privilege of immigrant entry into the US because there was something wrong with HER Visa application.
    If you want useful assistance from this forum post the contents of the white slip, I'm sure there are several members here who have received the same thing and overcame it.
  17. Like
    K and L got a reaction from We Are The Art in USA is now Arizona   
    If you presented as much rambly incoherency in your EOR letter, I'm not surprised you were denied. I doubt it had anything to do with your respective ethnic backgrounds and more to do with you not doing your due diligence in thoroughly preparing your documentation.
  18. Like
    K and L got a reaction from brettdresseur in USA is now Arizona   
    If you presented as much rambly incoherency in your EOR letter, I'm not surprised you were denied. I doubt it had anything to do with your respective ethnic backgrounds and more to do with you not doing your due diligence in thoroughly preparing your documentation.
  19. Like
    K and L got a reaction from Matt & Bing in USA is now Arizona   
    I'm glad you felt the need to bring socioeconomic standing into things. I applaud you if you make more than twice my family (as statistically speaking, not many do), and question why you didn't immediately seek the advice of an immigration attorney (as you'd readily be able to afford one), rather than ranting here.
  20. Like
    K and L got a reaction from La Souris in USA is now Arizona   
    If you presented as much rambly incoherency in your EOR letter, I'm not surprised you were denied. I doubt it had anything to do with your respective ethnic backgrounds and more to do with you not doing your due diligence in thoroughly preparing your documentation.
  21. Like
    K and L reacted to Darnell in USA is now Arizona   
    well, there's 'other cases' to consider, too, not only your 'Best Case', ya?
    you could wait it out, for it to be returned to USCIS or file a new K-1 next week, or go back to China, get married, file an I-130, or go back, get married, live for 6 months, file DCF'd I-130...
    IMO, is fastest to file a new K-1, front-load the heck out of it, but do try to find out exactly WHY it was denied, so you can address that IN the new I-129F.
    I know it's hard, so frickin hard, to bear this news - I get it, I really do.... I can feel yer pain cross the ether, as well...
    In prior years, would have been possible to have it held at the GUZ IV unit, submit something else, have an attorney get involved at this stage - but those days are long gone.
    Anything amiss with the document screeners? God I hope not. I also hope no 'third party correspondence' from any krewe of haters in China... grrrr
  22. Like
    K and L reacted to VanessaTony in AOS, EAD & AP from K1 - the Aussie way (doc list included)   
    Hi All
    I have started this thread in this specific sub-forum because I will be using Australian colloquialisms (sayings) and spelling. I don't know whether being from Australia will make any difference,.. whether it be my documents don't need to be translated, or if our people fill in stuff differently (like the medical - explained below).
    I started the thread itself though, because can't find any one central page that has ALL the documents for AOS, EAD and AP listed. This list relates to me and my case, but it is also the BASIC list because my case is simple, i.e. I don't have any kids or anything else remotely difficult to worry about. I didn't get any RFE's while doing K1 (here's my K1 thread: http://www.visajourney.com/forums/index.php?showtopic=206016 ), and I'm aiming for the same this time around too. I have read and re-read the instructions several times. I read every line, and not just stuff related to me, just in case it's got a little note (this actually happened on one form) that might affect me. This list is IN NO WAY a substitute for you also reading through the forms, but I hope that it helps you get an idea of when you should start sourcing things (like paperwork for the affidavit of support) and making sure you have everything you need before you get to your applying "deadline".
    On that note, there is no "deadline" for applying for AOS, as long as you marry within 90 days of arriving on your K1 visa. However it is recommended that you apply before your I-94 expires as some people have experienced issues with ICE (not deportation, just hassles and on 2 occasions I've read about, being locked up until a judge tells the ICE person they were wrong and being forced to pay fees as well as immediate AOS), but just as many (if not more) have had no issues and applied for AOS years after their I-94 expires. My main reasons for applying ASAP is because I want to work and I personally don't like not being "sure" of my status. Also, if there is a period of 180 days between your I-94 and the date your AOS is processed, you MAY encounter a ban on trying to re-enter the US if you leave and try and use the AP document. For that reason, try and apply for AOS well before 180 days after your I-94 expires... just to be safe.
    Also, there is currently only one fee payable, being $1,070.00 for the AOS, EAD & AP (updated 23 Nov 2010: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5be73dc5cb93b210VgnVCM100000082ca60aRCRD&vgnextchannel=8a2f6d26d17df110VgnVCM1000004718190aRCRD ). In July 2007 the fee for AOS changed and the rules altered so that if you send the EAD and AP at the same time as AOS (or while it's pending) the fee for EAD and AP are waived. Whether you apply for EAD and AP at the same time as AOS the fee remains the same and whether you think you need them or not, as the fee is waived, it's always better to have than not have, "just in case".
    So here we go
    Definition of terms:
    I-94# - Is the admission/departure number on the I-94 card (full image here: http://www.visajourney.com/gallery/albums/...mmigration1.jpg )
    A# number - Alien number - can sometimes be found on your visa under "annotation" starting with A0 then 8 digits. Also found on your NOA2 above the beneficiaries name (image here: http://www.visajourney.com/gallery/albums/...F-NOAs/NOA2.jpg )
    AOS - Adjustment of Status - Applied for after entering the US on a K1 visa and marrying within 90 days. Changes status to "conditional permanent resident" and you will be sent a green card. This process takes around 90 days however it can take MUCH longer.
    AP - Advanced Parole - Allows you to re-enter the USA while your AOS is pending. You are allowed to leave whenever you want, but doing so without the AP document (or green card) means you will not be able to re-enter. Leaving without it also results in your case being considered "abandoned".
    CO - Consular Officer - In this thread related to the person actually processing my documents
    EAD - Employment Authorisation Document - Allows you to work whilst the AOS is being processed, as long as you have a SSN of course. Once you received your GC your EAD is no longer needed
    GC - Green card - short-form for green card so I don't have to keep typing it
    IO - Interviewing Officer - The person who will interview me (if needed). Apparently not every case requires an interview. Lets see if I can be one of the few who don't need one
    Non-Immigrant Visa Number - This is the RED number found on your visa (image here: http://www.visajourney.com/gallery/albums/...after_entry.jpg )
    RFE - Request for further information - Received if something you mailed in is incomplete or missing. It doesn't cancel your case, just slows things down a fair bit, so doing everything to prevent getting one is your aim
    First things first. VJ does have guides:
    VJ AOS Guide: http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos
    VJ EAD Guide: http://www.visajourney.com/forums/index.ph...mp;page=k1k3ead
    And also example forms:
    Example forms: http://www.visajourney.com/forums/index.ph...p;page=examples
    The guides suggest doing a cover letter. Personally I'm doing a cover letter for each separate case (AOS, EAD and AP). I have read that the CO's don't tend to read the cover letters so really why bother, BUT I'm not doing it for them so much as for me. Filing so many documents means a lot of stuff to remember and I also think it looks neater and prettier. Also, while reading through the instructions I go through and fill in the cover letter with the attachments needed so I don't forget anything.
    The USCIS has actually put together their OWN page of tips for putting together a package for mailing: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD I haven't decided if I'm going to hole punch yet or just bulldog clip as it seems that while it's appreciated it doesn't change anything so if I have a hole-punch available... maybe.
    I ALWAYS go to the USCIS website to obtain forms: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD as this way you always make sure you have the most up-to-date form. Also, remember to check the filing location as it may have changed since the form was made. To do this, always make sure you go to the main form page (not the pdf, the place that links you the .pdf) such as this for AOS: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD and line four says "Where to file". In this case it tells you it depends on the category you are applying under, on other forms it might say "check the form" or "check the instructions".
    As stated on each form, originals are only required when it specifically says "original" (like the forms with official signatures) otherwise copies are sufficient.
    --AOS--
    - G-1145 – Form for E-notification of Application/Petition Acceptance **See Note 1**
    - Payment in the amount of $1,010.00 payable to U.S. Department of Homeland Security
    - I-485 - Application to Register Permanent Residence or Adjust Status, signed & dated #####
    - Copy of birth certificate
    - Copy of K1 visa in passport
    - 2 passport photos (US passport size) - name and alien number printed lightly on back in pencil or felt pen
    - Copy DS-3025 – Vaccination record (completed), dated ##### **See Note 2**
    - G-325A - Biographic Information, including residence and employment attachments (1 copy as of July 2009)
    - I-864 - Affidavit of Support Under Section 213A of the Act, completed by #####
    o Copy Federal income tax return (usually a 1040 or something like that), including W-2, Form 1099s & Schedule for most recent tax year (or IRS tax transcript which I prefer)
    o Copy Federal income tax return (usually a 1040 or something like that), including W-2, Form 1099s & Schedule for second most recent tax year (optional)**See Note 3**
    o Copy Federal income tax return (usually a 1040 or something like that), including W-2, Form 1099s & Schedule for third most recent tax year (optional)**See Note 3**
    o Letter from #####’s employer (optional)
    o Pay stub(s) from the most recent six months for ##### (optional)
    - Copy of I-797 - Notice of Action, Approval of K1 petition, dated ##### (front & back)
    - Copy of Marriage certificate, dated ##### (front & back)
    - Copy of I-94 – Arrival/Departure record (front & back)
    The two items listed below are on the VJ AOS Guide, however NOWHERE on the forms, or their instructions is it mentioned that these items are required. These items only serve as additional information. You are required to bring your passport to the interview (if you have an interview) so perhaps by mailing this information you might not need to have one. Ultimately more info is better than less info (within reason of course) so it can't hurt. Personally I'll be including them in my parcel (in my attempt to avoid an interview ) but it makes sense that they're not needed as your Alien number is your identifier now (where with the K1 your passport number and then case number were).
    - Photocopy of passport biographical details page
    - Photocopy of USA entry stamp dated #####
    Note 1: This form is now available that requests that you receive and email and text letting you know your application has been received http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD
    Note 2: There is a huge point of contention on VJ regarding whether or not to send DS-3025 or if you will require form I-693 (immunisations only). The reason for this is, the paperwork clearly states that if you COMPLETED your immunisations PRIOR to your K1 interview in your home country (and thus your medical information is complete in the paperwork you handed in at POE (and subsequently forwarded on)) then only the copy of the DS-3025 is required. HOWEVER some people who assumed their info was complete and sent in the DS-3025 received an RFE requesting they submit a form I-693. Further information is mentioned on this VJ thread: http://www.visajourney.com/forums/index.php?showtopic=101202 So whether you go to the trouble of obtaining one so you don't risk and RFE and thus a slow-down is up to you. Personally I am in the process of calling Civil Surgeons (CS's) in my area to find our their fee. If the fee is reasonable we might do it just so we don't risk the RFE but at the same time i honestly think my form is fine and I have all immunisations filled in, either with dates or "not age appropriate". I'll let you know what I decide and then what the outcome is. Remember though every case is different, no matter how similar they might be.
    Note 3: Tax information is only REQUIRED for the most recent tax year. Question 25 on the I-864 still requires that you indicate your earnings for the most recent tax years, whether you provide evidence of this income or not. There are two tick boxes in that question, where you can indicate whether you are only including the most recent tax year, or the three most recent. I personally prefer to send in IRS transcripts so that you are sure that you have not excluded any tax information and I also prefer to send in all three years of tax information just to "be safe". Information for obtaining the transcripts is located here: http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/page__view__findpost__p__3614293 .
    Here is a the Civil Surgeon "phone book" from the USCIS website: https://egov.uscis.gov/crisgwi/go?action=of...office_type=CIV
    Here is a VJ thread that lists good CS's and their prices: http://www.visajourney.com/forums/index.ph...231026&st=0
    --EAD--
    - G-1145 – Form for E-notification of Application/Petition Acceptance
    - I-765 - Application for Employment Authorisation **See Note 1**
    - 2 passport photos (US passport size) - name and alien number printed lightly on back in pencil or felt pen
    - Photocopy of passport biographical details page **See Note 2**
    As we're applying together with the AOS then the following isn't REQUIRED, however if you choose to include it, it's up to you, like i said before, more info is better than less info
    - Copy of I-94 – Arrival/Departure record (front & back)
    - Copy of Marriage certificate (to show name change) **See Note 3**
    Note 1: Being adjustment applicant's, we're under category c9. You will see there's also a category for K1 and K3 visas (a6) but this is for when you're not applying at the same time as the AOS.
    Note 2: It actually says "If no prior EAD has been issued, you must submit a copy of a Federal Government-issued identity document such as a passport..." as well as some other examples but personally I think the passport is the easiest one.
    Note 3: The next issue for me (being female, married and changing my name) is my passport is still in my maiden name. For that reason it seems to make sense to include a copy of my marriage licence. Although these things are included with the AOS application, they can always shred multiple copies
    --AP--
    - G-1145 – Form for E-notification of Application/Petition Acceptance
    - I-131 - Application for Travel Document (Advanced Parole)
    - 2 passport photos (US passport size) - name and alien number printed lightly on back in pencil or felt pen
    - Copy of K1 visa (to show present status)
    - Photocopy of passport biographical details page **See Note 1**
    As with the EAD, this isn't REQUIRED but I will probably include it because the AP form doesn't actually have a space for "prior name":
    - Copy of Marriage certificate (to show name change)
    Note 1: It actually says "copy of an official photo identification document showing your name, photo, and date of birth". Like with the EAD example, passport is easiest I think
    General
    An important thing to remember is if you change your address at ANY stage while you are an LPR (or their sponsor) you are required to change your address within 30 days of moving. There are penalties for not doing so. The USCIS has an online change of address service but you STILL need to actually post a form to them. Here's the site: https://egov.uscis.gov/crisgwi/go?action=coa . The reason for the paper form is so it's changed on the masterbase.
    The current postal details for these forms (as of 3 Dec 09 ) is:
    File at:
    USCIS
    P.O. Box 805887
    Chicago, IL 60680-4120
    For courier/express delivery:
    USCIS
    Attn: FBAS
    131 South Dearborn - 3rd Floor
    Chicago, IL 60603-5517
    I, like most, will be submitting my forms by express mail so I'll use the bottom address
    PAYMENT
    It's important when writing the cheque that you write:
    "One Thousand Ten and 00/100" or it might be returned.
    Here is the USCIS link outlining the cheque writing requirements: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD because if you're like me, it doesn't make sense to write it that way and I wouldn't have written it like that but their wish is our command
    Hope some of you find this useful If I've forgotten something, or stuff doesn't make sense, please let me know
    **Edited to add further definitions - 27 Feb 2010
    **Address for filing changed and fixed on here - 10 March 2010
    **Edited to add Biometrics review link here: http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/page__view__findpost__p__3909156
    **Edited to add - AOS approved 7 July 2010. Without RFE, Without interview. I simply followed the above guide and make sure my documents were completed properly.
    **Edited to add - new AOS fees as of 23 Nov 2010: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5be73dc5cb93b210VgnVCM100000082ca60aRCRD&vgnextchannel=8a2f6d26d17df110VgnVCM1000004718190aRCRD
  23. Like
    K and L reacted to JimVaPhuong in Embassy requesting more pictures after K1 interview   
    All southeast Asian countries are equally conservative when it comes to public displays of affection. However, even in southeast Asia it would not be unreasonable to expect a romantic couple to spend time together in intimate settings, and to have photos of these memorable occasions. Asians also have a passion for photos. If you put your camera down for more than 30 seconds where friends or family can reach it, someone is going to be snapping your picture.
    Haiti is a lot more casual regarding public displays of affection, and it would be perfectly normal to see two people holding hands or with their arms around each other in public. The OP said they only submitted a few pictures, and I'm guessing these were probably too "touristy" for the CO. If it isn't obvious from looking at the photos that these two are a 'couple', and not just part of the same tour group, then the photos aren't very good evidence.
    When people refer to photos as secondary evidence, they are talking about using photos as evidence of the two year meeting requirement. When it comes to evidence of a bonafide relationship, I don't think there really is any sort of classification like "primary" and "secondary". I think all evidence that shows a genuine relationship probably has equal weight.
  24. Like
    K and L reacted to tmma in Undocumented Harvard Student Faces Deportation   
    Just because he is availing hinself of one of our Universities, does not exempt him from immigration laws. Send him home, make him get s student visa. Prob solved.
  25. Like
    K and L got a reaction from TBoneTX in K1 and honeymoon   
    Funny, what I saw on her blog was that their relationship really has strong signs of him being overly controlling, inconsiderate of her feelings regarding work, putting conditions on their engagement, that many of her friends seem to be concerned about how controlling/etc he is, and in short ... I believe that if it's not already passed the line into emotional/economic abuse, if the blog and the things they've both said here is accurate, it is likely to head into that way.
×
×
  • Create New...