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barbsdesk

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Posts posted by barbsdesk

  1. Hello all

    Husband with his 2 year green card returned from our home in the US to Alberta for a visit - then decided to stay as he was offered a job.

    He then bought me a one way ticket to join him.

    The plan is to stay with his family (keeping within the 6 month rule) and then return to US.

    I am now reading that i risk being denied entry with this one way ticket.

    If they question me and I say I'm going to visit family it will soon come out that my husband is there.

    I recently lost my job in US, so i can't show employment waiting here

    We have a joint bank account in US but there is precious little money in it.

    We live with my folks so I can't show a rental agreement.

    What should I do? Buy a 2nd one way ticket?

    Thanks

    Sorry I wasn't clear! I am a USC with a one way ticket to Canada.
  2. Hello all

    Husband with his 2 year green card returned from our home in the US to Alberta for a visit - then decided to stay as he was offered a job.

    He then bought me a one way ticket to join him.

    The plan is to stay with his family (keeping within the 6 month rule) and then return to US.

    I am now reading that i risk being denied entry with this one way ticket.

    If they question me and I say I'm going to visit family it will soon come out that my husband is there.

    I recently lost my job in US, so i can't show employment waiting here

    We have a joint bank account in US but there is precious little money in it.

    We live with my folks so I can't show a rental agreement.

    What should I do? Buy a 2nd one way ticket?

    Thanks

  3. I have had my Green Card for a little over a year.

    I am married and live with USC wife and her family in Maryland..

    I have an opportunity to work in Canada, staying with my family there, and making really good money.

    I would stay no more than 6 months.

    My wife would remain in US. i would probably not be able to visit US during my 6 month absence.

    Is this legal?

    Would I be able to work without a special permit since i am technically still a Canadian citizen?

    Would this prolong my being granted uncondiional Permanent Residency when it came time to life conditions?

    Can someone provide me with a USCIS link regrading this?

    Thanks

  4. I am a Canadian who has had a 'conditional' green card since June 2010. (Married my US resident wife in December 2009). We are and have continually been living with her family in US since I arrived in US October 2009.

    I have an opportunity to work for a few months in my Canadian hometown for a much higher wage than what I am making at my PT job here.

    We could use the money - but I do not want to put my status at risk.

    Could someone please advise

    (a) if returning to Canada to work for a few months allowed? My wife will remain in US at our residence with her family.

    If it is allowed - what steps must I take to ensure I will be allowed to return to US?

    (b) Must I have proof of a job offer before leaving US?

    © Do I need a re-entry permit?

    (d) Do I tell border guards i am entering country to work or just to visit family?

    Thank you!

  5. Please help. I am so upset.

    I have had my Green card since June. USCIS took my EAD card during the Green Card approval interview.

    Been looking for work since early June, and was finally hired here in South Jersey working at a deli. I worked 4 hours before they called me in to do my I-9.

    When I presented my documents for the I-9, (my SS card with the DHS restriction, my GREEN CARD, and a color copy of the EAD card that USCIS took away) the supervisor, who admits they have never hired "a foreigner" before, said she could not accept my SS card with the "DHS approval needed".

    So I went to Social Security this morning and applied to receive a new card without the DHS wording, and also for proof I had been there and was allowed to work.

    They gave me two papers:

    • The first paper said OUR RECORDS INDICATE THAT SOCIAL SECURITY NUMBER *** ** **** IS ASSIGNED TO (ME) and goes on to say THIS PRINTOUT DOES NOT VERIFY YOUR RIGHT TO WORK IN THE UNITED STATES.
    • The second paper says YOU CAN USE YOUR SOCIAL SECURITY CARD FOR WORK ONLY IF YOU HAVE AUTHORIZATION FROM THE DEPARTMENT OF HOMELAND SECURITY.

    So I returned to my new employer with these documents from SS, but she says I CAN NOT WORK THERE UNTIL MY "REAL" SOCIAL SECURITY CARD COMES. (In 2-3 weeks)

    I am so confused.

    • Why did the USCIS take my EAD card away if I need it for proof to become employed?
    • Isn't my Green Card proof that I am employable?

    Is my new boss right - or simply ignorant of the law here? If she is ignorant ofthe law, is there something official that I can show her that the documents I possess are enough for me to continue to work?

    Also, while going through the entire immigration process, I proceeded very carefully. I understood that one could get their SS card immediately after receiving their EAD, which I did. If I had it to do over again, I would advise EVERYONE to not apply for SS card until they have their GREEN CARD in hand in order to avoid this happening to them.

  6. We brought family photos labeled with the date they were taken, as well as the names of friends and family who were with us in the photos. We arranged them chronologically on quality paper, and simply clipped them all together.

    One thing we were told is that 95% of the people who come in are not organized!

    Our being organized made a world of difference to the interviewer - who even asked if we'd had an attorney assist us! We did not.

    Organization was simple. We simply put EVERY PEICE OF CORRESPONDENCE WE HAVE EVER RECEIVED FROM USCIS, along with other required documents (marriage license, birth certs, etc) in a binder with plastic sleeves. Very inexpensive to do (under $20) and we had everything she could have possibly asked for right there in the book, (of which we have copies online as well) were something to happen to our originals.

    Take the time to do it right. We were in and out in 20 minutes, and the green card arrived within 2 weeks.

  7. For SSN, you should bring:

    1. EAD/GC

    2. passport

    3. birth certificate (in English)

    That are enough for them to issue a SSN for you. The name in these 3 documents must be same. Otherwise they will hunt you keep asking questions "why....?". If your name changed after marriage, you should bring the marriage certificate too.

    I am just giving you my opinion that worked for me.

    Cheers!

    Thank you so much! What is a GC, please?

  8. Canadiens are a special breed - no I-94 REQUIRED at POE.

    IIWY, I'd take that EAD, the passport, yer birth certificate, and go to a SSA office, and apply. Ask for a supervisor if the first clerk seems confused.

    Hello Darnell

    Your comment that "Canadiens are a special breed - no I-94 REQUIRED at POE" is the answer I was seeking. Thank you!

    Is this written down somewhere 'official' - on the state department or USCIS site?

    I'd like to print it off and have it in my hand when I go to the SS office.

    Thanks again

  9. Generally, a foreign-born person's legal name is the name shown on his or her immigration document, for example, Form I-766.

    When the name shown on the immigration document differs from the name shown on other evidence submitted for an SSN, we process the application in the name on the immigration document as long as the name can be derived from the other evidence, for example, a foreign passport.

    If the required documents show clearly different names, we cannot accept the evidence to process the application. In these situations, the applicant must submit evidence showing the same name, or submit evidence of a name change that occurred after the immigration document was issued.

    RM 10212.001 Defining the Legal Name for an SSN:

    http://policy.ssa.go.../lnx/0110212001

    So if the EAD card has the name you wish to use for taxes and work, that plus your birth certificate and unexpired passport is all you need to be assigned an SSN.

    I think you posted this in the wrong place. I had no questions re legal name. But thanks anyway

  10. Greetings all.

    My EMPLOYMENT AUTHORIZATION CARD arrived May 3, 2010 (I also received my Advanced Parole document). Yesterday I filled out my SSN application and then realized they require an I-94 stamp on my passport in order to process my application. Problem is, I never received nor was I ever offered such a stamp. Being 19, I didn't know I needed one.

    In fact my passport was not stamped at all when I entered the US (POE Philadelphia) as a visitor from Alberta, Canada (via Toronto) on October 10, 2010.

    (I subsequently married by girlfriend in December, and we have done concurrent filings for AOS, etc.)

    So my question is this. If the I-94 is required to apply for SSN, can I get the I-94 stamp now? How do I do that?

    Thanks for any help/suggestions. I am very anxious to begin work.

  11. Ok - you were told not to send state tax filings in the instructions - but that isn't the reason for the RFE.

    Must be the birth certificate - is it the long form or short form?

    My dad's birth certificate is actually an amended (he had his name changed as an adult) State of Georgia birth certificate (not certified or stamped)They only come in the one long form.

    So you think this is the problem? Do instructions call for the sponsor to send in a certified birth certificate?

    If so this is easily remedied.

  12. Yes, as Bobby mentioned, the key here is what exactly did you submit for tax records with the I-864A?

    Does your Father file a joint return with your Mother? If so, you are required to submit his slips - W2s, 1099s - any and all slips that accompanied his 1040 - even if you submitted IRS transcripts - so they can determine what is his income and what is your Mother's income.

    Thanks for reply. As I said above we sent in 3 years of complete tax records. Mom hasn't worked since 2007 and didn't earn much when she did so although all HERE tax info is complete as well, they are easily differentiated.

  13. Ok - Part 1.

    You said "tax records" - did you include the w-2's/1040's/1099's as appropriate? If you didn't include all components for the income evidence - they would kick it back, however, it looks like he didn't prove he was an USC/LPR (for them) so that would explain this part of the RFE.

    Send in the "passport" evidence for proof of USC (I would copy the whole thing - but the instructions state just the biographic data page is needed ) - and/or a stamped (certified) copy of the birth certificate.

    (unknown why they didn't accept the birth certificate in the first place though - a copy is just required. Was it the long form or short form?)

    Part 2.

    If your co-sponsor couldn't prove the above (USC/LPR) , his income level cannot be used - so they rejected it because of this. (since you need a co-sponsor)

    (I will take it that your co-sponsor makes the poverty level needed to actually sponsor your beneficiary)

    If you fix part 1, part 2 will be fixed at the same time.

    Thanks for reply!

    ALL my dad's tax records were included with his I-864A. THREE YEARS (TAX YEAR 2008, 2007, 2009)of 1040's, supporting schedules, W-2's, 1099's, even state tax filings. Dad is a senior manager, and earned well above the requirements

    The reason for the RFE (pg 1) is evidence that my dad is authorized to work in the US.

    Dad doesn't HAVE a passport, or any of the other items a non-citizen would have. That's why we sent the birth certificate and social security card. My dad's employer is a well-known NJ company.

    How about his voter registration card?

    Do you think I should just call them?

  14. Thank all of you for this forum.

    I am confused because I believe I have already provided all the information the RFE is asking for.

    Did concurrent filing (received March 3) of I-130, EVIDENCE OF BONAFIDE, I-485, I-693, I-864, I-864a, I-765 I-131.

    Today I received a 2 page RFE re the I-485. Request for Initial Evidence

    Page 1: "for the household member's income to be included in the household income, the household member's income must have been from a lawful source and earned while the household member w3as authorized to work in the United States" and goes on to say "please submit evidence the household member was authorized to work in the United States."

    My Canadian husband and I live with my mom and dad. Dad is a USC, born and raised. Our evidence included all requested tax records, pay stubs, SS card, Drivers license and his birth certificate. The birth certificate is the ONLY item on the evidence list that he has - as he was born in the US.

    Could it be that they want a certified copy of his birth?

    -------------------------------------------

    Page 2 of the RFE is just as confusing (to me)It says "based on documents submitted with for I-864, the petitioner (me) did not meet 125% of the federal poverty line" and that I need to submit evidence of assets or obtain a joint sponsor."

    I'm 19, and have no assets - and thus attached an explanatory letter to that effect that I have not filed taxes, etc, and that my father was doing the I-864A which was also in the package.

    I'm confused with because it seems I have already provided all the information the RFE is asking for - if I send them the same things again how will that help?

    Thank you so much.

  15. The guides here on VJ do a very good job of explaining the process >>> http://www.visajourney.com/forums/index.ph...page=i130guide2

    The US citizen spouse is the petitioner and must complete an I-864 regardless of income. Page 8 of the instructions explains what is required regarding federal income tax filing.

    A household member can file an I-864A to combine their income with the petitioners.

    Thank you.

    And the medical exam? He should do this and file it along with the other concurrent filing?

    What about the biometrics? Is that scheduled by the USCIS and not us?

  16. I know its all in here somewhere - but would still very much appreciate an answer on this forum.

    USC daughter (19) married Canadian citizen (19) in December. He arrived on a visit 10/10/09 and they married 12/12. There was no intent to marry when he came.

    I am helping them file.

    The newlyweds live with us in NJ.

    Daughter has -0- income at this point (she helps me care for her Alzheimer's grandma at home).

    I want to be clear on proper filing:

    Daughter files the I-864 even though she has no income or income 2009 (she was student)

    Her father files the 864A (rather than the co-sponsor I-864) with his financial info because we share the same house.

    The medical exam should accompany our concurrent filing of the I-130 and I-485.

    Is this correct?

  17. Thanks for your responses on the fees for I-864! You are so kind. I will do separate checks for each fee.

    But still a little confused.

    What about these instructions from USCIS web page?

    Filing Fee :

    Although USCIS does not charge a fee for this form, the Department of State does charge a fee of $70 when the Affidavit of Support is reviewed domestically. This does not apply when the Affidavit of Support is filed abroad.

    So as Canadian husband and US citizen wife (married 12/12/09) were married and living in NJ and not abroad, won't the new father-in-law's affidavit of support be reviewed domestically? and thus subject to this fee?

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