Dave&Roza

Thank you everyone for your replies, they're a lot of help. I think my best bet is try the social security office again, try and speak to a supervisor and if they still won't do anything I'll request a replacement card.

I didn't show them my K-1 visa but they looked at it as it was in my passport. That definitely didn't help as the lady who I saw (who to be honest seemed to be completely incompetent) printed off a letter for me with my surname as 'Montreal'. The only place in the entire passport the word 'Montreal' is mentioned is on my K-1 visa as that was the US Consulate I went for my K-1 interview. When I asked her to correct it she then decided to give me the surname 'King'. I have no idea where that came from.

How do I get an I-551 stamp in my passport? I've been in and out of the US a couple of times but it just looks like a regular stamp. Do i need to go to a USCIS office to get this done?

Thanks again for all your help,

Charlie

You only need to show them the I-551 (i.e. the green card) and your foreign birth certificate--you do have a few copies that you brought with you, do you? If not, you should get them as some places will only accept the BC and not the passport for proof of age. If you do, then you only have to explain why the USCIS put the name they did on your GC and not the name on your BC.

If you do not have your BC, you can use your passport to establish age. I would politely but firmly explain to the person that your immigration records are in the name on the GC and you would like the SSC in that name as well. Your passport have nothing to do with your identify only to establish your age. If they continue to argue, point tout that the passport is issues by the UK and is not in any way shape or form an official US document. Then ask for a supervisor.

You do not need a new GC, you need a new SSA employee or location. It amazes me how ill trained these people are. My Grandmother visited her doctor, but she was told she needed a new Medicare card. The SSA office was across the street. I took her SSN and walked into the office and asked if they could send a new Medicare card to the address of record for this SSN. "I am sorry, but the person's whose SSN that is must make the request." So I get my Grandmother, and we get to the window and she does exactly what I did. Did the woman ask to see an ID? No. She just said okay we will mail it to xxxx address. Is that correct? Yes. Then my Grandmother went off on her. I could understand if she requested any form of ID from my Grandmother or if I was trying to have it mailed to a different address. The SSA makes things much harder than they need to be.

I hope you next trip works out. Just be polite, but very firm.

Dave

I would really appreciate any help with my upcoming infopass appointment. long story short, I am adjusting my status from student visa through marriage . I filed all paperwork in march 2015, my priority date says March 3RD 2015, went for my fingerprint appointment on April 1st 2015 and since then I am waiting for my interview , my status online has not chance since march 3rd< when it says fingerprinting fee was received, since then I tried to make 4 service requests , 3 myself and 1 through ombudsman's office, getting the same bs answer, that due the workload , not related to my case uscis experiencing delay in processing my application. My field office is Newark NJ, which processing time status say , that they finished working on case dated march 29 2015 as for January 31st 2016. so I am way over normal processing times , plus I know many cases that filed after me like april 2015 and already received their GC. I have scheduled infopass appointment for tomorrow and this is my first one( there barely any available at my filed office) . Is this infopass appointment going to help or affect my case in anyway? does any one else had same problem with such delays ? I will appreciate any help or opinion . thank you.

Sounds like you will go to the INFOpass appointment and get the same BS answer you already have--sorry to say. The stories of successful INFOpass appointments speeding u someone's case are very few and far between here on VJ. I would contact your Senior Senator, Bob Menendez, and submit whatever paper work is required to have him contact the USCIS on your behalf to see why it is taking so long to process your application. I would get everything in order tonight and see about combining the INFOpass appointment with a personal visit to the Senator's local office near you. You can have these papers and info about the Senator with you at the INFOpass appointment in a place where the IO can see them. May help or may not but at least the USCIS employee will know you are going to try every avenue at your disposal to get your GC.

I hope it all goes well. 13 months is way too long for this process.

Dave

I use cable ties too. 1) It shows that some was into your suitcase, 2) keeps the zipper closed to prevent spillage, 3) prevents the casual baggage handle from getting into you luggage--they must have something to cut the zip tie with and it does take a little more time, 4) cheap and easy to replace.

I have not locked my luggage since 9/11 when the TSA cut my first lock off. I just use the cable tie and cut the excess off and when I get to my destination I use my nail clippers I have in my carry on and cut it. I have only had the TSA open my luggage once since I have done this.

Dave

Ok, this may be a silly question, but I want to make sure I answer everything correctly on each form!

I'm looking through the DS-160 and it asks "Have you ever been refused a U.S. Visa, or been refused admission to the United States, or withdrawn your application for admission at the port of entry? "

Last December my foreign fiance applied for a tourist visa and was refused when he went to the embassy for his interview date. No interview, he was just given a piece of paper saying that he hadn't provided sufficient evidence of ties to his country. Ok, it was worth a shot to spend Christmas together. In January we submitted our application for a fiance visa.

So does this count as a refusal of a visa? I would think it does, it's just that this question sounds so serious; it lumps being refused a visa along with being refused entry once you got to country, which sounds like when you've done something wrong. There weren't any problems with our application, no fraud or anything like that (!), we just couldn't provide enough evidence. Is there anyone else here who was refused a tourist visa and then applied for a fiance visa? How did you answer this question?

So I just want to be sure that we're answering this question correctly. Has he ever been refused a U. S. Visa, yes or no?

Thank you so much everyone!

He was refused a tourist visa, so the answer is "YES". My wife was refused her first tourist visa and still received the K-1. What you do not want to do is out right lie or "stretch" the truth during this process as that will get you a denial and a very long ban in being allowed into the US.

Dave

Move from US Citizenship to Work and Travel as this topic does not involve citizenship, but a lost GC.

Is the temporary Form I-551 valid if the foreign passport expired? Does it last a year regardless of the passport expiration date?

The stamp is valid until the date associated with it has past. It does mean that you will have to carry your new passport and old passport when traveling internationally until you receive the physical GC.

Dave

Hello friends,I've had my 10 years card,but had my gc on 08/12/13,just want to know the precise date or time I can file for N400.thanks

If still married to the USC spouse you obtained your GC with and that person has been a USC for the past three years and you have not been outside the US for any trips lasting more than 6 months, you can file 90 days before your "residence since" date on your GC or 90 days before 08/12/2016 (May 14, 2016). If you have divorced your USC spouse then you must wait 5 years or until 2018. Hopefully you have maintained your continuous residency otherwise you will have to wait until you meet either the 3 years rule or 5 year rule.

Dave

We don't have an extension letter? Just for I-797C notice of appointment. Should we receive that before her gc expires?

Read the I-797C very carefully. There is a section on it that states that this acts to extend the validity of the applicant's GC for a period of one year--so this IS the extension letter.

If this is not the extension letter, you will need to make an INFOpass appointment to show the USCIS that your wife has imminent travel and needs an I-551 stamp in her passport so she can re-enter the US. That is quicker than requesting another copy of the NOA and actually will work in your favor in the future as most airlines recognize the I-551 stamp, but it is hit and miss for the extension letter.

Dave

46 days for the EAD/AP and 89 days for the GC for us. So 5 weeks before the GC may not seem lie much, but if a family emergency happened to pop up, she could at least travel.

Dave

I don't understand why she can't apply after 3 years if she's married to you, a US citizen? Did she get her permanent residency through you or some other way?

The three year rule states that you have been a LPR for the past three years AND married to a USC for those three years AND that person has also been a USC for at least three years at the time of filing. The OP did not become a USC until January 2016. So he will be a USC for three years in January 2019. She will have had her GC for five years in July 2019. So they gain 6 months by using the 3 year rule verses the 5 year rule, but will have to supply proof of a valid relationship using the 3 year rule.

OP: The thing you need to be careful of here is the amount of time spent outside the US. If your wife is outside the US for more than 6 months, she rests her continuous residency clock. This means all time up to that point counts as 364 days towards her time required for citizenship. In other words, she would need 2 years plus 1 day to file based on marriage to you once you reach the 3 years as a USC. Keeping her LPR is one thing, keeping ones eligibility for USC is a totally different animal and not very easy to do if living in India. She can come back to the US after 5 months outside and return to India, but if she goes over more time outside than inside the US, she will have to wait until the time she has spent in the US is more than the time spent outside the US. I think you are playing with fire with this plan. CPB will allow this to go on for a while, but sooner or later they will warn your wife that she needs to live in the US and not just visit. Then what will you do is she is still more than a year from being eligible for USC? I suggest you look over the requirements for becoming a USC and pay special attention to the residency requirements and time spent outside the US.

Dave

My finance arrived from Belize January 9th. We applied for a social security number on the 13th they said it would take about 2-3 weeks for his social security card to arrive in the mail. We havent recieved the social sercurity card we have called them and they said that they have to verfiy with homeland sercurity. The problem is that we need a SSN to apply for a marriage liscense, we are getting very worried about the hold up and not sure how to handle it as we have until april 7th however the weeks are passing by fast. Does anyone have any suggestions? Extremely worried that we are going to run out of time before he gets SSN.

Yes, you apply for the Marriage License and when they ask for his SSN just state he is not a USC nor a LPR and as a result does not have a SSN. Most places state that they REQUIRE a SSN, but in fact they do not. A SSN is for TAX related issues only--it is not a form of ID. It is unfortunate that it has become a pseudo national ID number. My friend and I were in Harrisonburg, PA many years ago and the Historical Society had on their sign-in sheet a place for your SSN. I was amazed at how many people put their SSN on the form. My friend and I refused and the guy at the counter was like "okay". Same thing should happen with the Marriage License as the county cannot demand a SSN especially of the person does not have one.

What would you do if he was in the US to get married to you and then going back to his home country? He is not eligible for a SSN under that scenario, but you two still want to get married.

Dave

Reading the above responses, I am hoping folks can provide some insights to a unique situation. My wife received her conditional GC/EAD in December 2015. Back in 2008 she worked on a J1 visa in the US, applied and was assigned a SS number. Her card has the valid for work purposes blah blah statement on it. Fast forward to 2015. We got married in August 2015 and went to the SS office in August 2015 and December 2015 to show proof of marriage for a revised SS card to be produced in her MARRIED name. After SSA failed on both prior attempts to produce a card in her married name, we returned in February 2016 to demand movement on this issue. After we insisted that SS check the SAVE database, the clerk told us that my wife's name does not match in the SAVE database. In turn, no new card in her married name could be produced. I pointed out..and showed the clerk...the green card issued to my wife in December 2015 with her MARRIED name. After leaving the SS office, I called USCIS, spoke with a Tier 2 (?) manager who confirmed in the their system my wife's file does not use her maiden name, all references are in her MARRIED name. Therefore, SSA or USCIS is pulling some funny business.

Has anyone experience a similar situation?? If so, how did the situation get resolved so that a revised card is printed in the married name? REALLY would appreciate any input from others who went through this frustrating experience.

Does your wife have the original SSC? If so, take that card and her Marriage Certificate and get her name changed. Complete the SS-5 with her old SSN. Show them the Marriage Certificate--make certain it is a copy you can hand over to them for their records--and ask if she can get her name changed due to marriage. Wait and wee what happens next. If the ask for the old SSC you show it to them. Wait and see what happens. If they ask for her legal presence in the US, then show them her GC. If they continue to give you problems ask for a supervisor and continue until she gets her name changed.

\My God, most people her on VJ have to wait for the GC in order to get the last name changed to match the GC which is usually in the married name. Here you are having problems do what most people do without problems. Is there another SSA office you can easily go to as it would appear this one is poorly trained.

Or maybe try this https://www.govsimplified.co/card/application/change and see what happens.

Dave

The main thing to remember when travelling domestically is that you will be dealing with the TSA--basically a mall-cop in a government uniform. They are not law enforcement officers. They are not vested with carrying out immigration laws. All they do is check your ID--https://www.tsa.gov/travel/security-screening/identification--against your boarding pass, make you remove your shoes and belt, and if you are fancied by one of the agents you get to be groped.

I have travelled thru Denver quite a bit both domestically and internationally. I have never seen a CBP person just hanging out at the security check point. There was one time when a local LEO and CBP were interviewing a person, but I do not know what caused the TSA to get them involved. My MIL used her passport to travel from Denver to NYC and the TSA agent just checked her ID name against her boarding pass. Simple and she was required to have a visa to enter the US, but the TSA agent only looked at the bio page. Given that CO now allows undocumented immigrants to get a DL, it is no guarantee that the person showing a DL is in the US legally.

Relax and have a good trip,

Dave

I have changed my name on DL and at work but haven't got a new passport yet. I did the name change early this year.

I have 5yr visa to Ghana in my old passport and I'm wondering if I can use it when I visit him toward the end of this year?

Just book the tickets in your maiden name and use your current passport. I am going to assume based on the visa's expiration date that you still have 5 years validity on your US passport. I would continue to use the current passport and just book the tickets in your maiden name until it is convenient to get a new passport and visa to Ghana. As long as the airline ticket name and passport name match, you will not have any issues.

Dave

Can my wife travel to mexico and enter with EAD / ADVANCE PAROLE combo card and her Philippine passport ? we are still waiting for her green card in the mail and her US visa just expired ...we want to go 6 days for vacation ...

Yes she can use the AP to re-enter the US. If she had her GC she would not need a tourist visa to enter Mexico. Until she becomes a USC, she will always travel internationally on her PI passport and will need to follow the visa requirements for the country of intended travel for a PI citizen. Her GC does allow her to travel to several Western Hemisphere countries without the need for getting a tourist visa. Also, having a GC can make getting a tourist visa easier compared to other PI citizens.

Dave

Hello all,

I'm in need of a little advice. We've overlooked the fact that my fiancee's passport expires in April (I know, major mistake...). The US embassy should have received our case from the NVC today. It seems that the fastest she could receive a new passport from the Philippine embassy (Filipino citizen, Canadian PR) in Vancouver is 1 month, but up to 12 weeks, according to whoever answered the phone.

I have a lot of questions but I think I've narrowed down what I need to know:

1) How long is the K1 case valid for; can it be extended if necessary?

2) Is the 6-month passport validity absolute for issuance of the K1 visa; can it be waived?

3) Can she go ahead and complete the DS-160 with her current passport and provide the new one at the interview?

I'm really not sure the best way to proceed here. I'd appreciate suggestions from anyone.

Thank you,

Jesse

At some point she is going to need to get a new passport in order to travel outside the US. Why not just bit the bullet and get the new passport now? You are assuming that the interview will happen quickly for the visa. That may not be the case and her passport expires before her interview. Now what is she going to do? If time is an issue and not money, just have her go back to the PI and get a new passport.

The K-1 is a non-immigrant visa where they give you 90 days to get married. She will need 90 days of validity from her date of entry so she can leave the US should she not get married to you in the 90 days. If it was me, I would get the new passport either via the Embassy in Vancouver or by going back to the PI. That way you do not have to worry about the passport for a few years.

Dave

^^^^---all of this plus you cannot legally work in the US without the EAD or GC and you cannot leave the US and re-enter without the AP or GC. So you are stuck until you file the AoS or you must endure the process of a spousal visa. Save, borrow, beg to get the $1070 and file ASAP so you can begin your life in the US.

Dave

Travel sooner rather than later as the probability of an interview time popping up goes up the longer you wait. It took us 46 days before the interview back in 2011 when things were moving a bit faster. The interview day was scheduled for 30 days after the USCIS mailed the letter--so figure they give you about 4 weeks notice.

Dave

Hey everyone!

I've been getting ready to file my taxes for 2015 and am getting a little confused about the ITIN for my husband.

My husband did not work at all in 2015 while he was living in Ireland or while he's been here in the states. We were planning to file as Married Filing Jointly. He does not have his SSN.

Since he has no work history for 2015, and he's only being included as he's my husband, do we need to file for an ITIN with our taxes, or can I file without it? (Trying to get it ASAP as we really need the money, but I know ITIN takes up to 12 weeks or more).

Thanks! And sorry if it's been asked already!

Can you get him a SSN? EAD card? GC? more than two weeks left on the I-94? If not, get his SSN as soon as you are able. Should April 18th gets close, file for an extension to give you until October 15th to file your taxes. Make certain you are either getting a refund or pay the taxes you owe. The reason I suggest this is that MFJ with him not working will be better tax wise than MFS. Filing for an ITIN is really only for those that are not eligible for a SSN--your husband is eligible for a SSN and therefore should not apply for an ITIN. Too many people seem to be afraid of filing an extension, but the IRS allows for this so why not take advantage of the system for your benefit? If he was not in the US long enough to be considered a resident for TAX purposes, you can both sign a statement stating he wants to be considered as a LPR for TAX purposes, but you will need to file a paper return.

Dave

Hey All

I am a kind of confused how to file my taxes this year.

I have my green card since more than a week now. I already started to work in November when I got approved my EAD/AP Card.

So I worked part-time for 2-3 weeks (November-December) and since January 2016 I work full time. In December, I worked still part-time (Mo, Wed, Fr) at my part-time job but started to work at my full-time job the other days (Tues, Thu, Sa). Since Dec 28th I am registered at my full-time job and quieted my part-time job.

Now I have to file my taxes.

I've talked to a few ppl and they said that I probably did not even make enough money so I don't have to file my taxes. I don't believe that but don't know better.

My husband was in the military and never had to file taxes in his life so far. So he's also kind of lost with my situation.

At my green card interview the IO said that we can file together taxes but that I am not the head of the household even though, I m the only one with an income and who has to file taxes (my husband also gets paid for disability but never had to file taxes for it).

The last time I've filed my taxes was last year as an Au Pair around March/April. But I was an Au Pair until August so there is also a grew zone between March/April 2015 - August 2015.

So I am pretty much confused what to do or where to go to get some good help.

Hopefully you guys have a good advice for me.

Thank you so much in advance

You have two choices--1) married filing jointly (MFJ) or 2) Married filing separately (MFS). To file as a resident you can either see if you mist file based on your time in the US or you can claim to be considered a resident for TAX PURPOSES. Which you chose is dependent on YOUR tax situation as to which method allows you AND your husband to pay the least amount in taxes.

You take your income and your husband's income and combine it and then all the deductions and see how much the two of you owe filing MFJ. Then take your income and your deductions and see how much you owe and do the same for your husband and see how much he owes. Combine the two amounts and see if MFS is more or less than MFJ. You can also file as a non-resident if you have not spend enough time in the US as a LPR, then only your husband needs to see if he is required to file a tax return and again you would file as MFS.

Dave

Hi all!

Apologies if this has been covered before.

I've read about a few members here having trouble at POE due to their petition expiry date having passed (even though once the visa is issued it should only be the visa date that matters).

During my interview, I submitted a letter from my USC fiancé asking for the petition date to be extended. However, I've just received my visa by courier and the original date (22-Feb) is still on there! I'm not traveling until 31-March.

Is it worth sending it back to the consulate to get a later date added, or should I be ok?

Thanks for your thoughts

What is the expiry date of the visa? That is the only thing that matters. The petition date is for the petition and the Embassy or Consulate is the only one that cares about that date. I would double check that visa as my wife's visa had the issue date and the expiration date. The petition date is no where on the visa--this was 6 years ago and the visa may have changed, but I would make certain of the expiry date of the visa.

Dave

I have a m quick question I was hoping someone could help with. My husband came to the US on a K1 visa we got married and filed in January, his K1 visa expires on February 14th (ironic I know) but I was wondering does that mean he would be considered out of status since the AOS is in process but has yet to be approved or anything.

A side question is that he passed his permit written drivers (since he didn't have one in his country) and they BMV suggested they only issue his permit when he has the green card approved? I'm confused could that possibly be also his EAD? Since it comes quicker?

First, the K-1 visa is void as he used it to enter the US--it is a one entry visa. His status is dependent on the expiration of his I-94. Once the I-94 expires, he is out of status, however; you have filed the AOS. Once the NOA1 is received, he is in a state of authorized stay. He cannot work without the EAD or GC. He cannot leave and re-enter the US without the AP or GC. There is a small possibility that he can have issues should he get stopped at an internal CBP check point while his case is pending.

Each DVM is different as to what they will issue and for how long. Once he has his GC there should be no issues, but until then it is up to the state you reside in as to what documentation they accept. Here in CO they give a DL to anybody--legal or illegal..er undocumented aliens.

Dave

What do you mean by disastrous effects?

As in resetting your continuous residency clock. There is a thread here on VJ where a LPR spent 20 years in the US and then went overseas for 8 months. Those 20years now only count 364 days towards the time as a LPR in the US for USC or you loose your LPR status and therefore cannot file for citizenship. Step one is to keep your LPR status. Step two is to maintain your continuous residency so you can file for citizenship.

Dave

My marriage Certificate has my Maiden Name too.

Its only the Green Card I have Married Last Name.

I asked the same question from TSA

they replied me with this...

Passengers who do not have an ID that meets these requirements and bears their name as it appears on their boarding pass should bring whatever IDs or documents they have available. For example, passengers who have legally changed their name, prefer to use their middle name or a nickname, or have misspelled their name on the reservation can present documents such as marriage licenses, birth certificates, or social security cards. There is no set list of what forms of alternative IDs or documents are acceptable. However, the information on one of the items should bear the passenger’s name as it appears on the boarding pass along with other ID information.

If passengers are unable to present an ID or documents that display their name as it appears on their boarding pass (including passengers who have entered misspelled names or use nicknames), or if TSA has questions about the ID presented, the passenger may be asked to assist TSA in the identity verification process. Under this process, TSA may ask the passenger to complete a Certification of Identity form, which requests the passenger’s name and current address, and may ask additional questions of the passenger to confirm his or her identity.

If we are able to confirm the passenger’s identity, the passenger will be cleared to enter the screening checkpoint; however, the individual may be subjected to additional screening. If we are unable to confirm the passenger’s identity, TSA will deny the passenger entry into the security checkpoint. We recommend that passengers arrive at least 2 hours in advance of their flight time to allow ample time for security screening and boarding of aircraft.

Any help will be appreciated.

I just wanna make sure everything will go smooth.

For TSA you show them your boarding pass and Passport both in your maiden name. You travel to India and have a good time. There is no issue here at all if you book your ticket in the name on your PASSPORT.

To come back to the US you must have a valid visa, or GC. As a LPR you have a GC. You will show that to the ticket agent to get your boarding pass. This is where you MAY have the most problems. All you should have to do is show them your passport, GC, and Marriage Certificate--your Marriage Certificate has your maiden name on it and your husband's name, correct?--you just state you are now married to your husband with this last name and your passport is in your maiden name and your GC is in your married name. Hopefully you are allowed to board the airplane without any problems and then you arrive in the US. Here you will show the CBP your GC. Lately they have been asking my wife for her passport as well. It has been awhile since we have entered the US together, so we have not gone thru the kiosk as a USC and LPR family.

Dave

USCIS should approve your application for re-entry permit with no problem. The problem is you're not supposed to use a green card as a visa to enter the U.S. CBP will catch up with your pattern and might cancel your green card. So you should be prepared before each time you're questioned at POE, and make sure you have a lot of ties to the U.S before leaving because it not only help you with your re-entry, but also removal of conditions on your green card latter on.

Good luck.

Just to be clear here. CBP CANNOT cancel nor revoke nor take your GC away from you. Only an immigration judge (IJ) can do that. CBP CAN see your pattern and warn you that the next time you had better do X--we have heard that here on VJ. They can suggest you surrender your GC, but you must do so voluntarily. They CAN detain you and have you appear before an IJ to plea your case that you have not abandoned you LPR status.

IMHO, you can do this and be able to keep your LPR status and then file your ROC. Just keep meticulous records as how you are becoming a couple, a good explanation as to why you need to complete your studies overseas--i.e. you started before the visa process, transferring a masters in not straight forward, the extra earning potential this degree will give you for your family, your spouse's support, your residence in the US, etc. Another thing to point out about Gary&Alla is their son is now a USC. Your first couple of years together with your new wife is not the norm, but that does not mean you have any less of a legitimate marriage than those that spend all 2 years in the US. It just means you have to go a bit above to prove that the marriage is legitimate.

Dave