Dave&Roza
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Posts posted by Dave&Roza
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Hello!
So I finally got my marriage certificate in mail and I brought it to Social Security office to request for name change. I have driving license and SSN card and marriage certificate. However, I was told that I have to change my name at Homeland Security first then I only can change my name on SSN card. She also said that I need to have Green Card to change my last name too. I saw the K1 guildeline and it seems I could change name after getting married and before filing for AOS... I'm so confused. Anyone had similar issue?
The issue is that you have a SSC with "VALID FOR WORK ONLY WITH DHS AUTHORIZATION" so they know you need a GC. Once you get your GC and have that removed, your SSC will look like any other SSC--even those of USC--and then you can change your last name with the Marriage Certificate. Apply for you AOS in your married name. When you get the GC, go back and get the restriction removed and the last name changed. Be thankful the SSA will issue a K-1 visa holder a SSN at all. It was recommended a few years back that K-1s not be issued SSN until they receive their GCs. So image all the things a newly married K-1 could not do until their AOS was approved--bank accounts, health insurance, taxes, etc.
Dave
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It has been a while, but I seem to remember in the instructions it says to not a person twice. So if your wife is the immigrant and your are the husband and sponsor, the family size is two--one for her and one for you like you are thinking, but you are then counting yourself again.
Your family size is two.
Dave
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Hi everyone!
I am living outside the USA and planning on getting married overseas and then moving back home to start work and then immediatly apply for my future wife to come over. Before moving abroad I had two jobs, both of which were short term and basically for making money so I could move abroad. I have filed taxes for both years i worked. the most recent return I compleated from abroad and indicated that I have a job abroad. I did not make much money for these jobs and my foreign position doesn't qualify me to be a sponsor. I was just worried there would be red flags with my previous tax returns as they are both short term jobs and do not meet the poverty guidlines. I am planning on moving back to the USA and getting a job well above the guidlines and have been told that this is the correct approach. Thanks for any help or info!
You supply the tax transcripts--do yourself a favor and order tax TRANSCRIPTS from the IRS--to show the USCIS that you are complying with the US laws regarding of filing an income tax return no matter where you earn the money. It is also used to confirm your income and to show a history, however; CURRENT income is more important than past income. You will need a letter from your employer stating start date, annual salary, and if the position is permanent. Also including some recent pay stubs will help prove your current income level.
Dave
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Thank you all !!!! Very helpful. I am cutting contact with "her" and report it to website.
Turn this around to see if this is a real relationship and of "she" is really interesting in you and not your money. Suggest that a tourist visa for someone from the PI is hard to obtain and you have always wanted to see China, then you get a tourist visa to China and you come to visit her there--and wait for the reaction.
A scammer will make up all kinds of excuses that she needs to visit you in the US rather that be happy that the two of you will finally meet. Plus it is far easier for you to get a tourist visa to China than for her to get a tourist visa to the US.
Dave
- usmsbow, _Paul&Jesica_, cdneh and 1 other
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How exactly do you inform the IRS? Is there a special form?
Yes, the IRS has a special form for gifts from non-citizen relatives or other sources outside the US. The limit before you must report is somewhere around $140,000--I do not remember the exact amount, but I looked this up to determine the tax consequences of my wife and MIL selling their apartment in Kazakhstan. She acquired it while not a LPR, but sold it after we married and she received her GC. So what do I enter for the capital gain cost basis for this property? It is the cost of when she acquired it? Is it the date she became a LPR and subject to US taxes? Or does the MIL sell the property as her own and gift us the money? If the MIL gifts us the money what is the limit? How do I report that to the US government? The transfer is automatically reported by the bank. If this is not your money but a gift you report it on a special form if above the limit. If this is your money, there is nothing to do.
Dave
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Last week, our CR1 visa was approved. We are both excited that our immigration journey is almost over. We were hoping to change the name before the interview, but that didn't happen. My wife can't come to the US till January when she finishes her schooling. We should have her name changed by then. What options do we have? Can we change the name on any documents before entry into the USA? Or should we take care of this after she gets here? If she waits till she comes here, will she enter with both her old passport with the maiden name and the new passport with my name? If anyone is unsure, should I call the visa center to ask or immigration? Thanks in advance for all your help.
If you wanted to change her last name, she should have gotten her new passport before the interview as the visa and eventually the GC will be issued in the name of the passport that the visa is placed into as the names must match. You will need to get the airline ticket in the name on her visa and use her old passport for this trip. Once in the US she will get her GC in the name of the passport she used. She can use the marriage certificate or her passport to change her SSC and then get a DL in her married name. I would wait until you remove conditions (ROC) to change the GC name because it is free and not $450. Plus she will be without her GC until the new one arrives. At least with ROC she has an extension letter that makes the current GC valid for another year.
If you did manage to use the new passport, there is nothing to worry about as the visa and GC will be issued in her married name.
Dave
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Hey all
It has been a long, long time since we posted a question here.
As my signature shows, H and I were active members here at VJ over a decade ago when we met, applied for a K-1, and married.
Getting his Permanent Resident Card took FOREVER (okay, only 4 years...) but eventually the 10-year card was issued.
Now we're back with some questions about his Naturalization application.
1) DIVORCE
We divorced in 2012, but remained friends. We've got a copy of the divorce decree (it was simple, only 5 pages). QUESTION: since he was a Permanent Resident since 2009, do we need to include the original marriage paperwork? Or do they only need the proof of divorce? Since he's been a Permanent Resident since 2009 we're hoping, since that's 5+ years ago, that he can apply for naturalization with just the notarized divorce decree.
2) ARRESTED / CITED / DETAINED (question #23)
In June 2011, H got his first traffic ticket. It was for running a red light ("disregard traffic signal") with no accident; he just got pulled over and ticketed. Unfortunately, since it was his first time ticketed, he missed the due date for paying the fine and ended up getting his license suspended for "failure to appear" at court for the unpaid ticket. After paying the fine, his license was reinstated and everything was fine... except now, when we're confused as to whether that mark on his record would could as being "cited"...
We printed out a BMV report showing that his license is currently valid/not suspended. It shows the dates, the reason for the suspension, and the court case number. QUESTION: we plan to include the BMV print-out and a cover sheet with an explanation. Does anyone know if this situation requires "an original official statement by the arresting agency or applicant court confirming that no charges were filed" (N-400 Document Checklist, page 2)...?
We're unclear on whether the BMV print-out and explanation are enough, or whether we need an additional "original official statement". Any comments on this question would be appreciated!
3) AFFIDAVIT
As the ex, I plan to include a notarized Affidavit confirming that our marriage was entered into in good faith, and that I still wholeheartedly support his application for naturalization. That seemed like a smart thing to do... QUESTION: Has anyone done that before? Is it a good idea? Would it also help to get notarized statements from his current boss, other friends, etc? He's still basically like a member of the family, so my father wondered if a letter from another family member would help establish his good character, etc.
Thoughts.......?
Thanks for reading. It's been a long time since I posted here, so I truly appreciate it.
E
His is filing under the 5 year rule, so all he has to do is show he has been a LPR for the part 5 years,not taken any trips outside the US longer than 6 months during that time period, has spend at least 30 months in the US, has resided in the same USCIS district for the past three months, and explain the whole issue with his driver's license (may not even really need to do that, but I would just to be honest and just to cover his back side should the USCIS do a DMV check that contains more information then the one you did) since it was a minor traffic citation under $500 I am assuming, I would not get any more information other than to explain his failure to appear. He does not need to mention the marriage nor the divorce as he is filing because he has been a LPR for more than 5 years.
Dave
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Be careful here. There are two issues you are dealing with: 1) maintain his LPR status, and 2) maintaining his eligibility for citizenship. To keep the LPR status one just takes trips of less than 6 months. For trips greater than 6 months but less than a year, the CBP may question why he was outside the US for so long, but they typically let a LPR into the US. For trips great than 1 year, but less than two a re-entry permit is required. All of this applies to keeping the GC and has nothing what so ever to do with maintaining his eligibility for USC.
He must maintain continuous residence in the US. This is what the USCIS has to say on that:
C. Breaks in Continuous Residence
An applicant for naturalization has the burden of establishing that he or she has complied with the continuous residence requirement, if applicable. There are two types of absences from the United States that are automatically presumed to break the continuity of residence for purposes of naturalization. [9] See INA 316(b).
•Absences of more than 6 months but less than one year; and
•Absences of one year or more.
3. Eligibility after Break in Residence
An applicant who is required to establish continuous residence for at least five years [15] See INA 316(a). and whose application for naturalization is denied for an absence of one year or longer, may apply for naturalization four years and one day after returning to the United States to resume permanent residence. An applicant who is subject to the three-year continuous residence requirement [16] See INA 319(a). may apply two years and one day after returning to the United States to resume permanent residence. [17] See 8 CFR 316.5©(1)(ii).
D. Preserving Residence for Naturalization (Form N-470)
Certain applicants [18] See Chapter 5, Modifications and Exceptions to Continuous Residence and Physical Presence [12 USCIS-PM D.5], for classes of applicants eligible to preserve residence. may seek to preserve their residence for an absence of one year or more to engage in qualifying employment abroad. [19] The applicant may also need to apply for a reentry permit to be permitted to enter the United States. Such applicants must file an Application to Preserve Residence for Naturalization Purposes (Form N-470) in accordance with the form instructions.
In order to qualify, the following criteria must be met:
•The applicant must have been physically present in the United States as an LPR for an uninterrupted period of at least one year prior to working abroad.
•The application may be filed either before or after the applicant’s employment begins, but before the applicant has been abroad for a continuous period of one year. [20] See 8 CFR 316.5(d).
In addition, the applicant must have been:
•Employed with or under contract with the U.S. Government or an American institution of research [21] See 8 CFR 316.20. See www.uscis.gov/AIR for lists of recognized organizations. recognized as such by the Attorney General;
•Employed by an American firm or corporation engaged in the development of U.S. foreign trade and commerce, or a subsidiary thereof if more than 50 percent of its stock is owned by an American firm or corporation; or
•Employed by a public international organization of which the United States is a member by a treaty or statute and by which the applicant was not employed until after becoming an LPR. [22] See INA 316(b). See 8 CFR 316.20.
Dave
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Hello everyone!
I arrived in the US on a K1 visa, got married within 90 days and in the process of adjusting my status. However, unfortunate circumstances led to my husband losing his job. We have enough investment in stocks and savings to show that we are pretty well above the poverty threshold but I have read/heard conflicting reports about this part in doing the AOS.
So now we are very anxious (as would anyone) about proving to USCIS that I will not be a public charge because my husband has enough savings even if he does not have a steady income anymore.
What are your thoughts? Do you think our savings would be enough? or Should my husband start looking for a job (which may take awhile and thereby put me "out of status" in the meantime) before we send in our AOS documents?
Your insights are greatly appreciated. Thank you!
If your savings are greater than 3X the poverty guidelines for your household size, then you can use just the assets. The assets must be readily coverable into cash--within a one year time period--must be appraised if not monetary, cannot be the primary residence or the primary car, and cannot cause undue hardship if sold--that is why the house and car is out as are 401ks and IRAs. You can go this route, but I would see if some one would be a co-sponsor as a back-up plan should the USCIS not accept the assets. Stocks are volatile so it will depend on the person that gets your case.
Dave
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For the I-9, I am sure you could provide a copy of the Arrival/Departure record and K-1 Visa, along with the SSA Official posting RM 10211.420 and specifically RM 10211.420G1 which includes K-1 Visas as an eligible DHS category, who are, again "Authorized to work in the US without specific authorization from the DHS. It can't get much clearer than that. (from the SSA standpoint).
I am sure that if your employer had all this backup, and there was ever an audit, the govt would understand, the documentation would prove that there was no intention to do anything illegal......... And it takes just two weeks to receive a Social Security Number and 90 days to get the EAD, so if you arrive here and are anxious to work, I think you would be OK with just the SS #..
And to me, the SSA rulings are more clear than the USCIS rulings on this topic !! But that is just my opinion.
The issue with this debate is that you are dealing with two different government agencies--the SSA and the USCIS. The SSA states that a K-1 visa holder upon arriving in the US can apply of their SSN if they are more than 16 days remaining on their I-94. In order to allow the K-1 visa holder to get their SSN, the SSA designates the K-1 visa holder as "a legal alien allowed to work" for the purposes of obtaining a SSN. The SSC will have the wording: "VALID FOR WORK ONLY WITH DHS AUTHORIZATION." What is the DHS authorization the card is referencing? The EAD or the GC. So that implies that you cannot work with such a SSC unless you have the EAD or GC. With states like California and Colorado giving DLs to illegal immigrants, they have one of the List B documents stated on the I-9 form on page 9. All they need now is a clean SSC.
The arrival/departure (I-94) you speak of is valid only for a non-immigrant on a specific work visa and not the K-1--see item #5 on page 9 of the I-9 in the List A documents. I researched this when my wife was coming to the US on her K-1 as I too thought she could work right a way. I found the CFR that deals with aliens and who is eligible to work and it specifically states that the USCIS is the government agency with jurisdiction over who can and who cannot work by issuing the Employment Authorization Document or the Green Card.
Dave
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You complete one Customs Declaration form per family, so if you are a family you go together--husband and wife and go thru the USC and resident line. If you are travelling with your fiancé(e), then I would ask the person directing traffic if the two of you can go together. Since you are not yet a family, two Customs Declarations forms need to be completed and the CBP may separate you.
Dave
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I called our local ssa yesterday and was told theres nothing yet and have to wait for 4 weeks but in the savecheck system it says it has been reviewed and the case was returned to social security as requested by them last sept 24,
I applied sept 18 and was not given and letter
Do not call. Go into the local SSA office and ask about your case. If they have issued a SSN, you can receive a printout right then and there.
Dave
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So my conditional green card has expired. I submitted my petition to remove conditions over 3 months ago, have gone through my biometrics and have my letter from USCIS about the one-year extension. I travel a lot within the US for my job and when I go through airport security, I have had trouble on numerous occasions delaying my travels even though I present the letter. My question is, is there any viable way to speed up an application? Thank you in advance!
Your GC is expired so use another government issued ID like a state DL, State ID, or your UK passport. The TSA is only interested in proof of ID that matches the name on the boarding pass. You do not need to show any immigration documents to the TSA. The issue you are having is that your ID is expired and in their eyes not valid any more.
Just use another valid ID that is not expired.
Dave
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Hi I need to ask this question because me and my fiancé are in a different position from most people doing this as we are not looking to get her here as soon as possible because she needs to finish her school year and stay for several months in the summer in order to get her degree.
So, we are looking at somewhere between August and October as to when she will be able to come here from Russia.
Because of this, I am wondering if we should start the K-1 process now, or wait a little bit, as in, if we get approved in 5 months like some people do, will we need to act then (have her come here) right away, or are delays allowed? It seems like the logical thing to do would be to get started now, as long as if in the event it gets approved in 5 months, she will still be able to stay in Russia a few months before coming here.
It depends on where your petition ends up as to how long it will take. Once the petition is approved you can delay things a bit with the Russian Embassy. The visa is typically valid for up to 6 months after it is issued--it is usually tied to the date of the medical exam. So if it is approved in March, she should have until September to enter the US and March is now 5 months away. 5 months would be a fast approval from what I've seen here. So I would go ahead and file.
Dave
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Hi VJ family... my fiancé is flying to Phoenix in a few weeks with a connection through Charlotte from Jamaica. His connecting flight is only 1 hour and 10 minutes away. For me to get thru took like 20 minutes but I assume with the visa papers it will take a bit longer for him and his son. Can someone please share with me the process and what he can expect and if he might miss his flight? do they question him there as well as to why he is coming to US? any solid help would be appreciated so that I can pass it along to him. He will not be traveling with much luggage either one carryon one checked bag. I know when I had a checked bag I picked it up and they rechecked it for me right as I left customs. Any ideas? thanks.
He has the added complication of his son. Both will be sent to secondary inspection most likely. Depending on the number of arrivals and the number of CBP people it can take a while on a normal arrival--we had a 1.5 hour connection in MSP and almost missed the flight due to the baggage check taking 50 minutes. If possible, I would see about getting a longer layover.
They will open the brown "DO NOT OPEN" envelope and go thru the paper work. Compete the I-94 information and stamp his passport. I would make certain he brings copies of any official documents from the DR like BC, etc. as the CBP will not give him anything back except the X-ray.
Dave
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Thread moved to the PI Regional forum. OP will get better advice from people who actually visit the PI as this question is about entering the PI.
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I was not given any letter when i applied for it. Does it matted
You could try going back to the SSA office and ask about your application and if they could give you a print out with your SSN on it. My wife's SSC was returned by our letter carrier because her name was not on the mail box--the SSA will not tell you that the card was returned. So we went in and checked on her application and they gave a printout of her SSN and we had the card mailed to the local SSA office to be sure it arrived and not returned by the letter carrier.
Dave
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OK...so, I'm in Thailand now and I'm thinking there's got to be a better way other than starting over. Similar ideas have been brought up already, but what about applying for the AOS again, and then once the case has gone into 'pending' status again, my wife should be able to return to the U.S., right?
Reminder: My wife's initial AOS application was denied due to missing our interview. We did not file an MTR, and we are both in Thailand currently, along with her two children who have recently issued their K2 visas. My wife received her Advanced Parole / Employment Authorization Card prior to departing for Thailand- it expires on 6/25/16...
Thanks,
Justin
The AP card she is carrying is void and will not allow her back into the US. She will arrive at the POE and the CBP person will haul her into secondary and look over her case and discover that he AP tied with the first AOS is denied and thus null and void. They will hold her and ship her back on the next flight out, hopefully she will arrive in Thailand.
You can file for AOS again with the EAD/AP and wait for the biometric letter where she must go to an ASC to get her fingerprints taken. How is she going to do that if she is not in the US? So now you just wasted the time and money for the second AOS application as it will be denied for not having the finger prints taken.
Entering on a tourist visa--assuming she could even get one now--to file for AOS would be immigration fraud--using a non-immigrant visa to immigrate to the US--and not a course of action you should even consider as it will bite you at some point in the immigration process.
Does not matter why her AOS was denied. It was denied and you decided not to try to explain why you missed the interview in a MTR. That was your choice. Your only option now is to file a spousal visa or do DCF from Thailand if you can become a resident of Thailand.
Dave
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So, I just received an RFE in the mail today for the beneficiary's letter of intent. The problem is that WE SENT THAT IN ALREADY with the original petition package. This is so frustrating! Has anyone else received an RFE like this? SO ANNOYING!!!
When I called USCIS they are useless. They give no more info than the website.How was the letter of intent signed? Was it a wet signature? Or was it a scanned copy of the original signature? If the latter than they are asking for an original signature. Some at the USCIS accept a scanned copy and others do not. Sounds like you may have found someone who wants an original signature.
Have the beneficiary send you another letter of intent with an original signature and you submit that to the USCIS.
Dave
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Is it applicable to K1? I had the interview on 17th September and my NOA2 expired on 20th September while I will be entering US on 13th November.
Ask yourself this question: "What document will the airlines and the CBP see when you enter the US?" Will they see the NOA2? OR will they see the K-1 visa in your passport?
They will want to see the valid visa in order for you to enter the US. As long as the expiry date on the visa is November 13th or later, you will be fine.
Dave
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Thanks, Dave and Ash. I see you chose to include evidence for several of your face-to-face meetings.
Do you see a problem if I mention that my fiancée and I have met five times, but I only submit evidence for one of the meetings? Am I better off only mentioning the one meeting for which I'm submitting the evidence or is it ok to mention all the meetings? Unfortunately, we can only produce a patchwork of evidence for all but one of the visits.
Thanks again. I welcome comments from anyone else who wishes to contribute.
For your case, I would mention the meeting you have all the solid evidence for. I would then mention the others with what evidence you have along with your long explanation you wrote as additional evidence of relationship--this along with all the e-mails, chat logs, long distance calls, Skype, etc. The first is for the USCIS person looking over your petition as that requirement is meeting within the last 2 years; and the other is for proof of on going relationship for the Consulate/Embassy phase once the petition is approved.
Dave
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This is a life decision about whether you want to save the marriage or get a divorce. This has nothing to do with his immigration journey nor should you worry about that--it is his responsibility. If you decide to get a divorce, then do so. If you are worried about him physically abusing you should you go the divorce route, then you need to make certain you take all the necessary precautions to protect yourself. Maybe you need to move out to a location he does not know where you are living. Maybe you have to sell the house to accomplish this.
I wish you the best,
Dave
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The forms that I am trying to fill out are expired. Specifically, I am talking about DS-230, DS-156, DS-157. I am taking them directly from state.gov. Did anyone have issue with using those expired forms?
The expiration date is established by the office of budget and management (OMB) whose job it is to manage all forms used by the US government. They assign an expiration date to all forms. It is up to the agency using the form whether they want to up date the form and when or whether they will accept an "expired" form. Check the DOS site to see if they accept the "expired" form. Another way to look at the expiration date is a version. We accept forms that expired in 2013, 2011, and 2009 as well as the current form that expires in 2016--the current version, and the previous 3 versions. Sometimes the agency alters the form so much they only accept the current version. If you are getting them from the agency that issues the form, you should have no issues.
Dave
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Since you are now married, the K-1 visa process is meaningless. You now submit a spousal visa and be upfront about her previous dealings with the USCIS and your previous K-1 visa application. The CR-1 will be adjudicated within the US at the NVC. You might have better luck instead of dealing with the PI Embassy. She will have to prove that the previous attempt to come to the US was not visa fraud. You may have to file a waiver for the spousal visa to be successful.
This may be a case that is better handled by an good and competent immigration lawyer rather than DIY.
Dave
name change on passport..I am attached to old trips stamps :(
in Passports, etc. - What to do now that you are a US citizen
Posted
Based on the fact that you "are gathering documents for the !-130 petition" and your profile has your fiancé in Ghana and you are asking about a name change--USC is the female in this relationship from what I gather--then you are applying for a new US passport--correct? You will receive the old passport back with the new one. I currently have 4 passports, so I can go back and look at all the trips I have taken over the years.
Dave