nathalieg

They need to submit the most recent complete tax return or an IRS transcript.

What is a tax return affidavit?

Someone adjusting from a K-1 visa does not file an I-130.

The USC petitioner/sponsor does not need to supply their birth certificate, nor are divorce decrees needed for the I-485.

1. Yes that is what I said is it not? The most recent tax return would be 2013

If you do not have your 2013 tax return then you would need to obtain the IRS Transcript

2. A Tax Return affidavit is just a notarized letter that says you did not file taxes for 2013 and the reason why

with a signature and date

3. Apologies I mean't I-129F approval notice

4. I would include them just in case you don't need to send originals just a copy

Never send originals

K1s do not need the I-130.

Yes you are correct I meant I-129F NOT I-130

You can do it yourself if you run into any problems then contact an attorney

You can file with your married name and include your maiden name under the area of your forms that

says 'Other Names Used'. When you have your interview indicate to the officer how you would like your name

to appear on the green card

Message me I can guide you

It is best to call the USCIS customer service center, the online statuses often contain glitches

and are unreliable

You will need to file the I-485 to adjust her status, I-131 (International Travel permit), I-765 (Work permit), G-325A (biographical info) for each of you, and I-864 for the US Citizen and joint sponsor.

With the affidavit of support you must include the 2013 Tax Return, W2's, recent pay stubs, and employment letter. If you did not file taxes

you must sign and date a tax return affidavit.

Also include a copy of the I-130 approval notice

You must include passport pictures, check for immigration, copies of your birth certificates, marriage certificate, her K1 Visa I.D. page, any divorce decrees if either of you were divorced, & I-94 arrival/departure record to prove she entered the country legally.

Any docs not in English must be translated

You can definitely file the I-130 and I-485 separately. You will need to include the I-130 approval notice when you sending

the I-485 and you do need to include copies of these documents mentioned.

If you need any help let me know

You will want the EAD not only for the green card applicant to obtain a driver's license but also to

obtain a social security number. No fee if filed with an AOS

Okay well we haven't even been moved to testing and interview yet but I'm asking for future reference

My husband may be getting a different job and I'm sure my interview will be in the next few months (I hope!)

Will we need to fill out a new I-864? The amount he makes will be a lot different from the one we sent with the AOS.

No. Just have him take his employment letter and recent pay stubs to the interview appointment and notify the

officer of his new employment.

Hello guys,

After a long and complicated K1 process, we are finally on the eve of my fiance's arrival in the US!

Before we start gathering our documents for the AOS, I have a few questions though:

1) We may have misplaced our NOA2. I've read on here that it is actually ok to misplace the NOA2, and we don't necessarily have to file for a replacement (and pay $400)! Is this true? How do we rectify this? Can I print out the USCIS confirmation of the NOA2?

2) I know e-filing an EAD takes ~70 days. But, there is a walk-in category which takes much less time. How does one do a walk-in? Is it for special circumstances only?

3) I am a student, who also has jobs, but they pay below the minimum poverty line. My co-sponsor makes well above the poverty line to sponsor my fiance + me, but her job is a year old and so isn't reflected on her tax documents for 2012 and 2011. Does this make her ineligible? We don't have other sponsors.

Thank you so much!

1. If you applying with a legal representative you can request the legal representative's copies. If not, you can contact the USCIS customer service phone number and have them re-mail them to you. You cannot print these notices online

2. The EAD takes 60-90 days. You can schedule an infopass to try to obtain the EAD sooner but you must have a legitimate reason otherwise it will not be expedited. You must take evidence to the infopass appt and 2 passport pictures

3. The joint sponsor would be sponsoring the green card applicant only. She will need to submit her 2013 taxes, 2013 W2's, recent pay stubs, and employment letter. She must submit her most recent tax return otherwise you will need to find another joint sponsor. She could potentially use her assets to supplement her income if any such as ownership of a home or more than 1 vehicle, a 401k, etc.

His ESTA also expires September the 16th which would be about a bit less than a month into the AOS when we are ready to file

Of course, it's not whether you did or not, it's whether you can convince USCIS.

Yes I understand that but again the ESTA is not the final arbitrator in entering the US, the CBP is, and they were convinced

that he was not being dishonest when he was questioned hence why he was allowed to enter.

Even if....

"Your travel authorization has been approved and you are authorized to travel to the United States under the Visa Waiver Program. This does not guarantee admission to the United States; a Customs and Border Protection (CBP) officer at a port of entry will have the final determination."

Also like I said our actions show our intent was not for him to

stay and marry if that had been so we would have gotten married immediately and filed for his AOS

The immigration officer phoned a travel agency in Greece? How did they verify it was a travel agency and not just a friend?

Interesting.

When you book a flight through a travel agency they give you your itinerary with all your flight information and the travel agency has their name, address, and telephone number stamped on the itinerary, that is how they verified it was a travel agency

I mean you really can't fool customs if they felt he was being dishonest they would have denied him entry

I may have misunderstood but it sounds like when he filled out his ETSA application he was honest, but it got mixed up and looked to CBP as though he had lied, but they were able to determine that he had, in fact, told the truth. I'm not sure he should have been allowed into the US but I would think the problem MIGHT be less if he was honest on both ETSA and at the border.

OP, can you clarify?

He had booked his flight with a travel agency and had told them he was previously denied a tourist visa and if that would affect

his entry into the country. The travel agency filled out his ESTA and lied on his ESTA even though he had told them he was denied a tourist visa

before the VWP went in effect. He had no knowledge that they had lied, and when he was questioned at the airport he was honest and told them

the travel agency had filled out his ESTA and they knew he had been previously denied but at no time did he tell them to say he had not been

previously denied nor did he have knowledge that they did that

I had talked to my lawyer about this and he said he was honest and given that they granted him entry he believed he would not have a problem

I consulted another lawyer and they told me the same thing that if they felt he was being dishonest they would have denied him entry but they did not

As you knew each other before, could there be a problem with fraud? Entering on the VWP with the intent on getting married.

No we did not intend on him staying and getting married if we had intended to do that he would have stayed on his first visit

He came to visit in March and had a round-trip flight, also even after the date on his visa expired we had not been married

Overstaying is not a problem but lying on ESTA will be a big one.

He did not lie on the ESTA, he had told his travel agency that he was previously denied a tourist visa

and they filled out the ESTA saying that he had not, without him knowing. So what they did at the port of entry

was they asked him why he had indicated that on his ESTA and they called the travel agency to verify that they

were the ones that filled out his ESTA form and indicated that on the form.

It was then up to customs whether he could enter the country and he did enter legally through the port of entry twice

Generally, being married to a USC overrides an overstay. You shouldn't have any problems. He cannot leave the States until visa is in hand though.

Yes I assumed that as well. Thank you for your help!

Generally, being married to a USC overrides an overstay. You shouldn't have any problems. He cannot leave the States until visa is in hand though.

Just another quick question, how long does the AOS process usually take from beginning to end?

Hello ladies and gentlemen I wanted to discuss my situation with you all since advice is much needed.

My husband and I met originally through Facebook by luck, he is from Greece and I was born here in California. We

maintained in contact through letters/internet/skype etc from 2009-2010 at which point we physically met.

He traveled to Los Angeles on my birthday in September 2010. Much of the reason we wanted to meet was to be sure how we both felt about each other

and when he came here to Los Angeles we were sure that we were in love and wanted to make our relationship something permanent.

He went back to Greece however because I was a student at the time and we both did not have any financial means by which to support each other and needed to save up to file for a K1 Visa through our lawyer.

He came to California in March of this year and as the time came closer in him having to leave, we both were

emotionally spent and could not stand the thought of being away from each other as we had been previously doing. So we both decided we wanted

to marry and did so earlier this month. He came here on March 1st through the Visa Waiver Program, and the stamped date marked on his visa

was valid until May 29. We will be ready to file for his adjustment of status in late August, so he would have overstayed by that time a little less then 3 months. I am really concerned about this. He did enter legally both times he came to visit me and he was traveling under the Visa Waiver Program both times

since his country is under the VWP.

Just some background information to keep in mind: When we first met he went to the US Embassy in his country

to try to obtain a tourist visa to travel to see me, but his application was denied since he was not employed at the time and he was not a student

so he really had nothing to come back to his country for besides family. About a month and a half after his tourist visa was denied, Greece

entered the Visa Waiver Program though I think they put him on a certain list of people who have been denied tourist visas before because

the two times that he traveled here with the VWP they questioned him to try to get him to say that he came here to work illegally and to marry me

which was not the case at all. Since he is 22 years old, when they saw a young man they imagined that was his intention. But our intention was never

for him to stay here permanently we just decided in the end that we wanted to be together and not waste any more time apart.

I did have a lawyer when he was in Greece when we were thinking of filing for the K1 Visa and he advised me that his denial of a tourist visa

had nothing to do with us filing for the K1 and would not affect our case, since he was granted admission to the US on both occasions even

though he was questioned and he entered legally under the VWP. Also the reason he was questioned is because when he bought the tickets to come

to the US a travel agency in Greece booked his tickets and filled out his ESTA information, and on the ESTA they indicated that he had not

been previously denied a visa, even though he told them that he was. He explained this to them and they verified that he was telling the truth

and he was admitted into the US (this was on his first visit). My then lawyer also advised me that because he was allowed into the country that

it would not affect our case negatively

So my final question is does the fact that he has overstayed his visa by 2-3 months under the VWP affect our case when we are ready to file for an adjustment of status and if so in what ways would it impact our case negatively?

Thank you very much in advance I appreciate you all taking the time to read this

We all can understand how stressful dealing with these things can be

Hello ladies and gentlemen I wanted to discuss my situation with you all since advice is much needed.

My husband and I met originally through Facebook by luck, he is from Greece and I was born here in California. We

maintained in contact through letters/internet/skype etc from 2009-2010 at which point we physically met.

He traveled to Los Angeles on my birthday in September 2010. Much of the reason we wanted to meet was to be sure how we both felt about each other

and when he came here to Los Angeles we were sure that we were in love and wanted to make our relationship something permanent.

He went back to Greece however because I was a student at the time and we both did not have any financial means by which to support each other and needed to save up to file for a K1 Visa through our lawyer.

He came to California in March of this year and as the time came closer in him having to leave, we both were

emotionally spent and could not stand the thought of being away from each other as we had been previously doing. So we both decided we wanted

to marry and did so earlier this month. He came here on March 1st through the Visa Waiver Program, and the stamped date marked on his visa

was valid until May 29. We will be ready to file for his adjustment of status in late August, so he would have overstayed by that time a little less then 3 months. I am really concerned about this. He did enter legally both times he came to visit me and he was traveling under the Visa Waiver Program both times

since his country is under the VWP.

Just some background information to keep in mind: When we first met he went to the US Embassy in his country

to try to obtain a tourist visa to travel to see me, but his application was denied since he was not employed at the time and he was not a student

so he really had nothing to come back to his country for besides family. About a month and a half after his tourist visa was denied, Greece

entered the Visa Waiver Program though I think they put him on a certain list of people who have been denied tourist visas before because

the two times that he traveled here with the VWP they questioned him to try to get him to say that he came here to work illegally and to marry me

which was not the case at all. Since he is 22 years old, when they saw a young man they imagined that was his intention. But our intention was never

for him to stay here permanently we just decided in the end that we wanted to be together and not waste any more time apart.

I did have a lawyer when he was in Greece when we were thinking of filing for the K1 Visa and he advised me that his denial of a tourist visa

had nothing to do with us filing for the K1 and would not affect our case, since he was granted admission to the US on both occasions even

though he was questioned and he entered legally under the VWP. Also the reason he was questioned is because when he bought the tickets to come

to the US a travel agency in Greece booked his tickets and filled out his ESTA information, and on the ESTA they indicated that he had not

been previously denied a visa, even though he told them that he was. He explained this to them and they verified that he was telling the truth

and he was admitted into the US (this was on his first visit). My then lawyer also advised me that because he was allowed into the country that

it would not affect our case negatively

So my final question is does the fact that he has overstayed his visa by 2-3 months under the VWP affect our case when we are ready to file for an adjustment of status and if so in what ways would it impact our case negatively?

Thank you very much in advance I appreciate you all taking the time to read this

We all can understand how stressful dealing with these things can be

Hello All

I have been losing some sleep over some questions I have been asking myself regarding the

affidavit of support for the K1 Visa, so I thought I should seek advice, any would be greatly

appreciated. I am beginning the process of the K1 with my fiance who lives in Greece, he is 21

years old and I am 20 years old in my second year of university in Los Angeles as a full time student.

I am looking for part time employment at the moment, and wanted to ask if I will need to find an eligible

cosigner for him or if I can be able to fill out the affidavit of support without a cosigner. I

have never filed for taxes and want to know if you need to have proof of having filed your taxes in order

to show that you are able to support your fiance. Any guidance would help as I am new to this site and

as you all know it is mentally and emotionally draining to be without your significant other for such a lengthy

period of time. As you all are probably aware, there is an economic crisis in Greece so it has been difficult for

him to find employment, though he has been working on and off. However thankfully even with the economic crisis he

was able to visit me. I am concerned about whether I will need a cosigner for him, because I am not

so sure that my family is in the position to provide financial help for him, so I am trying to find

every way that I can to be able to do this on my own

I would like to also give a bit of background on our relationship just for you to get to know me and my situation

in beginning the process for the K1:

I first came into contact with my fiance nearly two years ago rather unexpectedly. We began speaking all because

of Vin Diesel interestingly enough! My now fiance, requested me on the social networking site Facebook after seeing that I

was a fan of Vin Diesel's face book page. He had told me he was living in Greece and what it was like there and I explained

to him what my life was like here, and after that everything was history. We began speaking more and more frequently

sending each other letters and talking on the phone for about a year. About 5 months ago he came to Los Angeles from Greece to spend time

together for my birthday. After meeting we were convinced we were in love and decided we wanted to marry and spend the rest

of our lives together, and that is how the K1 visa has now come into our lives. I hope that I can keep you updated and in a

few months provide you with a success story. I am very much in love with him and any length of time is worth having the person

your heart has been searching for in your arms at last.

I would like to thank everyone in advance for your generosity, please send us some good vibes and keep us in your prayers!

-Nathalie & Nikolaos

Thank you for your response,

Yes I am the petitioner (primary sponsor) for him, my attorney is assisting me with the paperwork, now I am just

preoccupied with having a suitable co-sponsor since I have really no proof of employment or income taxes (I am only a student now). Do you know if the co-sponsor needs to be a family member?

I understand that I must fulfill the 125% minimum income requirement which I can meet as an annual guideline for a household size of 2,

though my income does not necessarily come from employment, instead it is in the form of assets which I understand to be savings, stocks,

bonds or property. Altogether with my savings added along with property I fulfill the income requirement for the affidavit of support but

I have not filed any tax returns so I am not sure how I could gather evidence. I could provide proof of full time student enrollment, financial

aid grants, private scholarships, the value of my apartment lease, value of my car and that would altogether meet the requirement. In my savings

account I also have set aside an income balance surpassing the requirement, though some of it comes from private student loans so I am not sure if this would

count as an asset or if this is not enough proof of financial burden requiring a cosponsor

Good Day.

I read all.

Who is your petitioner? you and your bf/husband?

K1 process/ runs for 6 to 9 months..

sometime takes to 4 to 5 motnhs depend on the state govt. center you applied.

You can ask co- sponsor in his side / her side of the petitioner for you afidavit support.

If you can't afford it. Ask atty or angency to guide or assist you well for the papers that you need for K1.

Hope this helps.

Thank you for your response,

Yes I am the petitioner (primary sponsor) for him, my attorney is assisting me with the paperwork, now I am just

preoccupied with having a suitable co-sponsor since I have really no proof of employment or income taxes (I am only a student now). Do you know if the co-sponsor needs to be a family member?

Hello to everyone on this forum, I was fortunate enough to find this thread while researching the process of beginning the K1 Visa

and I am relieved to read some of the posts other people have discussed providing some insight into this stressful journey. I

met my fiance from Greece through a social networking site last summer right about the time when he was coming back from his service in the Hellenic Special

Forces. We began to speak on a daily basis mostly through the website of facebook, we talked about our interests, family, goals, and this quickly

developed into an emotional connection. It was very unexpected and happened through a stroke of luck, as we were both fans of the actor Vin Diesel on facebook and connected almost immediately. We had talked for a little over a year through various mediums. We have had hundreds of conversations through video chat, messenger, various messages, emails, and later we began to write/send gifts to each other through the post as well as have telephone conversations one in which he expressed to me his intentions of engagement. The more that we talked about this decision the more I began to strive to begin my life with him, at the time I had not been able to visit him because I was enrolled full time at a University here in California. I found it very difficult to travel because of this and also due to the lack of support I had received from my family in notifying them of our desire to marry. Upon this realization to our dismay, his application for a tourist visa to the U.S. was denied at the US-Embassy in Athens and he was unable to travel to meet me. He was told that his application had been denied due to the fact that he had no assets and evidence of work keeping him in Greece. As we all have heard, Greece is experiencing an economic crisis and he was unable to prove his employment status and was later unemployed as a result of the crisis, fortunately he is currently now employed. I had spoken to my attorney regarding the decision that was made denying him a tourist visa, and my attorney had told me that he was not surprised that he had been denied since the US Embassy rarely issues visa's to young tourists except in the case of study abroad. It wasn't until a few months ago that Greece joined the Visa Waiver Program in which he did not need to go through the embassy to travel to California. I had asked my attorney if this would cause a disadvantage in our case (the fact that his application/interview for a tourist visa had been denied) and he said it would not serve as a detriment in our situation. He advised to meet as soon as possible and share our time together as a young couple. Last month, he landed at the Los Angeles International airport where I greeted him and met him for the first time. It was then that we expressed our deep affection for one another and became engaged, we will begin the process for the K1 Visa very soon. I wanted to ask if anyone would like to give me advice regarding how long on average the process has taken and perhaps provide some insight into your own experiences, which would all be greatly appreciated. I am a college student in Los Angeles and I am going through this decision with his support and hardly receiving any support from my family in becoming married. I have truly fallen in love with his culture and his family is very supportive of our decision. This brings me to the subject of the affidavit of support which I have become very troubled by. I have never filed a tax return, I am a student and don't have a means of employment, nor do I receive support from my family. I wanted to know if anyone reading this would like to give me some advice/guidelines on what I should do in my situation in terms of finding a cosigner for the affidavit of support, and what the requirements are of a cosigner if anyone went through the K1 Visa with a joint sponsor. At what point is the cosigner no longer necessary? Until an official work permit is issued or at the time that the interview has been approved? I would assume that it is to ensure that while he is unemployed in the country his expenses are covered by the primary or co-sponsor and not the government. Any advice/comments/suggestions/insight would be very much appreciated.

Thanks to everyone reading, please no judgments or rude comments

-On behalf of Nathalie & Nikolaos -