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ghunt2121

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Posts posted by ghunt2121

  1. Additional Questions, concerning Part 1 of form I-751 (for a K-2 child)


    The section titled "Martial Status" seems only to apply in part to a "child filing separately from" the parent. This is how I believe the items in this section should be filled out:



    11. Martial Status: Single


    12. Date of Marriage (???)


    13. Place of Marriage (???)


    14. Date marriage ended, in case of death or divorce (Leave Blank)


    15. Conditional Residency Expires On: 05/09/15



    I'm not sure if items 12 & 13 should be left blank or the date and place of marriage between me and my wife should be entered here.



  2. My wife's I-751 package has been submitted, we received the Notice of Receipt as well as the Biometrics Appointment Letter (we have to go do that in about 10 days).

    Unfortunately, her children's green cards were issued more than 90 days after hers was issued and therefore we were unable to include them in her I-751.

    I am now starting to prepare the separate I-751 packages for each of them (2 boys).

    My question is, Can someone point me to a good reference or guide about the important differences when filing for a K-2 based ROC as opposed filing for the K-1 based ROC?

    Some differences are obvious, but I don't want to miss anything.

    Thanks in advance.

  3. Simple question -- seems obvious after reading the I-51 instruction -- but I want to check.

    1. My wife received her green card

    2. All 3 of her sons received theirs more than 90 days later

    3. It is therefore clear that an I-751 must be filed for each of them when the time comes.

    4. It appears therefore that the children's names should therefore NOT be included in the I-751 filed for my wife.

    Is this correct?

    Thanks to all beforehand.

  4. My wife and I have been married for over 3 years now and are about to file for her new green card / Removal of Conditions.

    I am concerned because we decided from the beginning to keep our income and bank account separate and it appears that that is a critical issue that USCIS looks at for RoC. I also never had her added to my lease in order to save some money.

    These are the things that we are going to submit:

    • I-751 form & fee
    • Copy of residency card for wife
    • Copy of residency card for each of her three children
    • Sworn affidavits from 3 mutual friends
    • Joint Tax Returns for 2012 and 2013
    • Copy of most recent automobile insurance policy statement (both names on it)
    • Copy of title of car showing joint ownership
    • Copy of both of our Capitol One MasterCard credit cards showing a joint account
    • Copy of our health insurance cards showing joint coverage
    • Copy of both of our Costco membership cards showing a joint account
    • Copy of my wife's most recent pay stubs (and a few of mine) showing the same address
    • Copy of documentation showing my wife as beneficiary for my 401K fund.

    1. Should I explain that we intentionally don't have joint accounts?

    2. Is this likely to be enough evidence?

    3. Is there anything more that I have forgotten to include that might help?

  5. So this just goes to show you that you can't necessarily trust answers from the USCIS Customer Service Center...

    The Child Status Protection Act does not apply to a K2 AOS applicant that was over 18 at the time the K1 married the US Citizen. In this case the K2 AOS applicant DOES time-out at age 21 if the Green Card is not approved and issued before that date.

    Please, someone, tell me I'm wrong.

  6. Simple Question:

    If AOS was filed for a K2 Visa holder when he/she was 19, the biometrics were completed, the EAD and AP were receiveed and no RFEs have been issued, the individuals parent (K1) did receive her Green Card, but the Green Card for the K1 is not approved and issued by that person's 21st birthday, does that kill the AOS process, or does it continue with the possibility of approval even after their 21st birthday?

    Thanks

  7. I've spoken with the office of my district US Congressman... they sent an "Assistance Request Form" and a "Privacy Release Form" that my step-son will fill out and we will send back along with copies of the various forms and letters that we have received from USCIS. But I'm a bit discouraged at the outset with this process because their cover letter is laced with such phrasees as "we cannot force an agency to expedite your case" and "our office has a limited ability to intervene in matters that fall under the jurisdiction of (blah blah blah)".

    Can anyone answer the question as to whether or not USCIS can deport my stepson the day he turns 21 if his green card has not been approved?

    Thanks

  8. I filed AOS for my K1 wife and two K2 step-sons in April of 2012

    All three got their EADs and APs in June of 2012

    My wife received her green card, without interview, in late January of 2013

    The process for the two boys however is still stuck in the "Initial Review" state according to the "My Case Status" page of the USCIS site.

    I wouldn't be so worried except that the older of the two boys will turn 21 on Jun 27.

    Question: if his green card is not approved and issued by Jun 27, what will happen? Is the entire AOS process for him therefore invalid? Will he and I have to start over through some other filing mechanism to get him a green card? Will USCIS be able to deport him?

    What do I do?

  9. At long last it looks as if my wife's green card has (nearly) arrived. We received the "Welcome Notice" I-797 today in the mail stating that "...permanent residence has been approved." and "We will soon mail you a new Permanent Residence Card. You should receive it within the next 3 weeks."

    All good news. So I checked the case on the USCIS site using the Receipt Number and it said that "The USPS reported that they picked up mail from USCIS containing your new card on February 6, 2013. The USPS tracking number assigned is xxxxxxxxx". So I used the provided tracking number and checked on the USPS.com site and... lo and behold, it is to be delived tomorrow, February 8!!!

    Huraaahhh!!!!!

    Now the disappointing news...

    My two steps sons, for whom I filed for AOS at the same time as for my wife, and whose cases were transfered to CSC on the same date as hers (May 31, 2012), did not receive the same I-797 and their cases are still stuck in "Initial Review" according to the USCIS Case Status page.

    So my question is, Is this extraordinary, that the cases would get separated? It seems strange to me that since 1) the K2s are derivitives of the K1, and 2) my step-sons' Permanent Residency are dependent on my wife's Permanent Residency, that they wouldn't have all bee processed together.

    Has anyone seen this before? Should I make an InfoPass appointment to investigate?

  10. In the context of an I-864, can the K2 Immigrant ever be considered to be the "Principal Immigrant" (page 1, Part 2 of the I-864 form)

    Here's the situation... I filed the AOS a year ago for my wife and 2 of her 3 sons (got the EAD/AP quickly but still awaiting GC from CSC)

    Her third son arrived some months ago and now I'm filing the AOS package just for him.

    So, Do I list him only in the I-864? Or do I still list my wife as the "Principal Immigrant"?

    Do some degree this question comes up for some of the other forms as well.

  11. So, it's really a matter of how old the original medical examination (in Colombia in this case) is , not how long ago the civil surgeon procedure and paperwork (done here in the US) was done?

    Google is your friend, http://www.uscis.gov...00045f3d6a1RCRD

    Note: The results of the medical examination are generally valid for only 12 months. Applicants should schedule the medical examination as close as possible to the time they file for adjustment of status, but provide sufficient time for the performance of laboratory testing or additional testing required under CDC's Technical Instructions.

  12. Here below I have provided an abbreviated timeline of my case to date.

    Case History

    Sep 9 2010 - Filed for K1/K2 (petition)

    May ?? 2011 - Visa Interviewed at US Embassy in Bogota Colombia for wife and 2 of 3 sons.

    Jul 10 2011 - Wife arrived in US with 2 of 3 sons.

    Oct 10 2011 - Wedding

    Apr 11 2012 - Filed for AOS for wife and two sons

    May ?? 2012 - Biometrics for all

    Jun 19 2012 - EAD/AP Card issued for all; arrived several days later

    Jun 26 2012 - 3rd son Interviewed at US Embassy in Bogota Colombia

    Jul 04 2012 - 3rd son arrived in US (presently 17, turns 18 on January 28, 2013)

    Aug 20 2012 - Necessary vaccinations done and Civil Surgeon

    Although we started the AOS pocess insofar as getting the vaccinations don and the I-693 done by a civil surgeon, for various reasons, we didn't continue on last August. Now we want to pick up and complete the process. I immediately have two areas of doubt:

    1. When I did the original AOS filing for my wife and two step-sons, the Name on the cover letter was a copy of her passport as well as those for her two sons were include. Now that we are filing only for the final son (K2):

    a. Should the Cover letter still be addressed from my wife? Or from the son for whom we are filing?

    b. Should a copy of my wife's passport be included this too? or only the passport for the child?

    2. Have I waited too long on the Civil surgeon stuff for to still be valid? i.e., do I have to get him to do it over again? I know that original medical exam from Colombia is good for one year (it was done on June 22, 2012 so it is valid through June 22, 2013).

  13. 1. When I did the original AOS filing for my wife and two step-sons, the Name on the cover letter was a copy of her passport as well as those for her two sons were include. Now that we are filing only for the final son (K3):

    a. Should the Cover letter still be addressed from my wife? Or from the son for whom we are filing?

    b. Should a copy of my wife's passport be included this too? or only the passport for the child?

    2. Have I waited too long on the Civil surgeon stuff for to still be valid? i.e., do I have to get him to do it over again? I know that original medical exam from Colombia is good for one year (it was done on June 22, 2012 so it is valid through June 22, 2013).

  14. Here below I have provided an abbreviated timeline of my case to date.

    Case History

    Sep 9 2010 - Filed for K1/K2 (petition)

    May ?? 2011 - Visa Interviewed at US Embassy in Bogota Colombia for wife and 2 of 3 sons.

    Jul 10 2011 - Wife arrived in US with 2 of 3 sons.

    Oct 10 2011 - Wedding

    Apr 11 2012 - Filed for AOS for wife and two sons

    May ?? 2012 - Biometrics for all

    Jun 19 2012 - EAD/AP Card issued for all; arrived several days later

    Jun 26 2012 - 3rd son Interviewed at US Embassy in Bogota Colombia

    Jul 04 2012 - 3rd son arrived in US (presently 17, turns 18 on January 28, 2013)

    Aug 20 2012 - Necessary vaccinations done and Civil Surgeon

    Although we started the AOS pocess insofar as getting the vaccinations don and the I-693 done by a civil surgeon, for various reasons, we didn't continue on last August. Now we want to pick up and complete the process. I immediately have two areas of doubt:

    1. When I did the original AOS filing for my wife and two step-sons, the Name on the cover letter was a copy of her passport as well as those for her two sons were include. Now that we are filing only for the final son (K3):

    a. Should the Cover letter still be addressed from my wife? Or from the son for whom we are filing?

    b. Should a copy of my wife's passport be included this too? or only the passport for the child?

    2. Have I waited too long on the Civil surgeon stuff for to still be valid? i.e., do I have to get him to do it over again? I know that original medical exam from Colombia is good for one year (it was done on June 22, 2012 so it is valid through June 22, 2013).

  15. Background: Married to my K1 wife. She and the two sons that arrived with her have filed AOS and gotten the EAD and now Social Security too. All is well.

    Event: The third (final) son arrived recently, nearly a year after the others, and I am starting the AOS for him now.

    Question: When the G-1145-E-Notification form is filled out, should it have the son's name and information or his mother's (my wife) name and information?

    I guess another way of thinking about it is: "Although this filing is all about him, is it FROM him? or is it FROM his mother?"

    Thanks

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