sjoefl01

The USCIS does not care about 2006 tax returns. They are not the IRS. If you are worried then you can take copies of your W2's. We went in July with no returns for that year and they never even asked a question. There are a lot of people that wait to file taxes for various reasons.

Also if you filed for EAD along with AOS then you can get the SS corrected with the EAD card.

You just began this process. There is no reason to freak out about something so minor in such a short period of time. You only filed about a month ago. I am sure your mailman will keep your mail straight if you live in the same house and only the number changed. If you knew this was going to hapeen why didn't you just wait to file until you had a stable reliable mailing address. It seems to me like you have caused the problem, not the USCIS.

Good luck

I really doubt you will have a problem. The guys at the gate only look at the letter. As far as I could tell they didn't check it against anything.

I too have always wondered why their E mial always spits out multiple copies.

EAD and AP is handled in Missouri. The AOS is shipped to an office based on the area that you live. It is not always the closest office. I think the regions are carved up to share workload.

Thanks,

That is what I figured. I was just hoping that I was missing something.

When I was here before there were a lot of people trying to squeeze information into the small blocks on the G325A fillable. They had a method os changing the text size to make that happen. I don't know how this is done on adobe.

Can somebody tell me if you can change the size of text in the free adobe reader? If so, how would this be done?

No. The same person does not have to do both forms.

We thought we had the same problem in the beginning. They don't always staple it in the passport. It is such a cheesy little card it doesn't seem important in the rush and fear at the POE. The officers at the POE should really mention that the card is very important.

You should get the 10 year card. When you finally get an interview you might want to remind them of this.

There is no reason to have G325A or photos for the USC.

1. It is also pretty nice to get a drivers liscense that lasts for more than a year.

2. It is also pretty nice when you don't constantly have to screw with USCIS. We are really looking toward citizenship as quickly as possible so that we can get these folks out of our lives forever. In the particular case with the OP that poor family is also haunted by the FBI. They have to try to get some sense out of two completely out of control government agencies. The writ is pretty cool because it gives you a chance to turn a third government agency ( the court ) on the other 2.

well lets see...a green card holder has the right to travel thru amsterdam airport without a transit visa and im sure other european contries airports also.

they have the right to travel and work and drive without having to pay fees yearly to do so.

it prolongs citizenship.

these are the two that im thinking of right now. since we have been stuck for a year now without these luxeries.

I've been watching your case for a long time now. My heart goes out to you and your family. Nobody should go through this kind of hassle for such a simple thing.

Diaddie,

I am curious about this. I have not read here enough to have knowledge. Given this scenario, what is the most common outcome?

Do you consider this filing to be a given, or high risk?

If the USCIS was not convinced that the original marriage was in good faith and did not award the 10 year card could they file for adjustment based on the new marriage?

Shouldn't the removal of conditions have come right after the divorce (and BEFORE the 2nd marriage)...?

As far as I know, in such cases, the 2 year waiting time with the conditional greencard does not apply anymore....

But I could be wrong

Yes, the alien is statutorily able to remove conditions on residency when a divorce decree is available. In instances when the alien has remarried, the determination and consequent approval of a pending I751 is based on the validity of the first marriage.

The girl is pregnant. That would mean the baby would not show up on tax returns until 2006, or probably even 2007. That means there will be no problem with the UCIS until around 2007 or 2008. They will use 2005 tax returns for quite some time. I don't think dependent names or ages show up on tax transcripts. Somebody can check that if they like.

The G325A biographical information worksheet has no space for unborn children. The American only has to file this one time with the application unless something has changed.

We had our AOS interview in July. At that time there was no requirement to bring the birth certificates of my American children. This must be a new rule.

Are you really suggesting that a United States citizen should write a letter of apology to the government (USCIS) for having an affair? I have never seen this in the guidelines or read a single post where this was given as advice.

Have you seen a case like this where somebody didn't get a visa because they didn't serve up a confession to the government?

And if they've applied for K3, and assuming the CO doesn't ask whether the USC has any children and their ages (very common question from what I've read), what about at a possible AOS interview?

And family photos... what are they going to do, leave the child out of them until they have the greencard in hand? Not submit any? Lie about the child's very existence, if asked?

Given the very limited information provided by the OP, I think it would be wise not to try to hide the situation, and to prepare the non-USC husband for the grilling he is likely to get at the consulate. And tons of evidence of the validity of the relationship. It may help to have the USC wife write something incredibly remorseful for the CO to read. And be prepared to submit as evidence anything indicating the distraught hand-wringing, lengthy explaining, and begging for forgiveness that must surely have accompanied this whole situation.

I think it is better to prepare to go through this than try to go around. I think a CO who "discovers" this situation through questioning will be much more suspicious than one who has to evaluate a forthright, heartfelt explanation by the husband, preferably in decent english.

I think this couple should be prepared to answer questions about this, both at the consular level (DOS) and the AOS interview, if they have one (USCIS).

Best wishes,

Maya

It is a bluff. The I 134 is not really binding, but if you have concerns about responsibility you should reconsider. The form that you sign for adjustment of status after you are married is binding for, more, or less 10 years. If you have doubts stop immediately.

The K1 is a visa for marriage not a one month vacation.

[edit] Marriage success statistics

The United States Citizenship and Immigration Services (USCIS) reports that "...marriages arranged through these services would appear to have a lower divorce rate than the nation as a whole, fully 80 percent of these marriages having lasted over the years for which reports are available." [2] The USCIS also reports that "... mail-order bride and e-mail correspondence services result in 4,000 to 6,000 marriages between U.S. men and foreign brides each year."

Well, this is an interesting thread, and in my view an important topic.

Just because we meet someone we are sure about, does not mean we (the USCs) will beat the 50% odds that our marriage will not end before one of us dies.

What this means is, you should think long and hard about a pre-nuptial (PN) agreement. While some people say they have nothing now, or the laws of the state they live in are (or are not) community, this does not mean you can predict the future. Which means if the laws of the state you live in change or if you move, you can create a situation for which you are not prepared.

There are nine community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin (WI is a quasi-community property which to me it actually isn't!). In these jurisdictions property acquired prior to the marriage stays with the party who acquired it. Certain jurisdictions exclude property that comes into the marriage by gift and inheritance. Some community property states allow equitable distribution where justice is served. These rules vary state to state and are fraught with exceptions.

So if there is ANY chance you may live in another state or country or if you think your state's laws may change, you need a PN. Which means you all need one.

So in the example below, you don't need to keep anything separate as long as you can prove you brought it to the "community" . And if you move, the state you are in will not care where you are married, only where you are if the marriage ends. Having said this, separate property brought to the marriage can remain "yours" after the marriage but the increase in value of that property will most likely be split!

FYI, my fiance and I will be putting everything together that makes practical sense (i.e, if it creates a convenience and doesn't cost too much for that convenience) because keeping it apart doesn't add any value or protection if that is what some of you are thinking.

Having said that, we do have PN (about 60 pages and $2,500 because someone will ask) which was signed in her lawyer's office by both of us at the same time.

My advice would not be to write-up a PN on your own. Yes there is an investment, but it certainly creates much needed discussion. We had no disagreements over what we thought was practical, and if you have any disagreement the two of you are probably not suitable for each other.

In fact, I have always thought an interesting opener when meeting someone you may be interested in was "so if you ever got married would you sign a PN?" and if the answer is no then it would be on to the next person. I never used this though!

*** I AM NOT A LAWYER ***

Much depends upon the marriage law in your state. In my state, assets, for the most part, assets that one has prior to the marriage remains with that person if divorcing.

Until which time you are comfortable, I recommend that you keep your assets in your name only. Do not co-mingle pre-marital assets with the new spouse, including a home that you own, investments etc.

If you have your pay, income etc, going into an account for household expenses, or a joint account. Don't move any money from these accounts or your pay etc., to any accounts that are just in your name, such as investments.

I was almost dupped. Fortunately, I kept my house in my name and all of my assets. My lawyer said the smartest thing I did was I never moved any income or money from checking accounts into my investement accounts. Had I done this the investment account would have become marital asset.

Don't worry the people that answer the phone are useless. There job is to keep people off the USCIS's back so they wont go to their congressmen.

I am sure they wont punish you because you misunderstood the question.

I don't think this is such a big deal. Of course, it would have been a little easier if you had filed within the 90 days but that is water under the bridge now. At least you know he is not marrying you for the green card.

Also keep in mind that the lawyer wants a fee. He will try to convince you that you don't stand a chance without him (or her).

You need to get this all in before the medical exam expires to save yourself another mild headache.

I have never heard of the USCIS playing punitive with anybody that went past the 90 days. I think they are happy to get the I 130 and a few more dollars.

We bought a really cool house with no problems through Countrywide. We may have paid a half point more than we could have but they treated Lucero with respect. I had talked to a few companies that wanted to treat our relationship like a broken law.

If you really want the house then you just have to do what it takes to make these folks happy. Even if you push your way past the front desk you will get stopped on the second desk. It's really not worth the fight. Take a half point loss and go with Countrywide. You will have your house and you can always refinance later.

We were told that we were approved. We wanted to get a stamp in the passport or something in case things didn't happen like the lady promised. We left with nothing but a promise. We started getting Emails in a few days and had the green cards in a couple of weeks. The lady was true to her word.

Do we really think that the consulate in whatever country this K3 is being filed in has access to American gossip? I really don't see how the USCIS would even have a clue about this whole soap opera unless she sat next to him pregant and told the truth at the interview.

I have the same doubts and moral issues as everybody else about this post. I just don't see where the problems this couple has will come from USCIS.

Surely we will all agree that the answer to the original question the OP asked would be "no problem".

Cassie,

Actually, from the consulate's perspective, it's the visa applicant husband who will have some explaining to do:

- does he know about the situation,

- does he want to continue with the immigration process given the situation, and

- if so what is the real underlying reason that he wants of continue the immigration process.

Yodrak

.....

two: my simple point is this, that was aptly summarized by Yodrak....if the consulate should get wind of this, and notice that some dates may or may not jive, then Lucy, you have some 'splaining to do!