sofya

Hi Everyone!

Need your help asap, please. My wife and I want to travel to Detroit. Her I-94 expired. So she is out of status now, I am guessing. We applied for Green Card, Work Authorization, Advanced Parole. She already had her bio-metrics taken, but we haven't received anything yet.

CAN SHE FLY OR IS THERE GOING TO BE A PROBLEM?

Thank you,

Felix

She is not "out of status". Remember that if you applied for a green card, the beneficiary remains legal, even if their visa expired, until the final decision is made on his/her application. So make sure to have the NOA with you when you travel and it should not be a problem.

Don't worry about this yet. Every immigration visa applicant HAS to go through a medical evaluation at a special location before their interview with the Embassy. When they get to their medical exam, the physician will evaluate their medical history and administer the necessary vaccinations. It will all be done at once - and of course your wife's parents will need to pay for any vaccinations they receive. The physician will then produce a vaccination report which will become a part of their official medical record that your wife's parents will take with them to the interview to the Embassy.

They will receive all these instructions from the NVC when it eventually schedules their interviews. Until then, don't worry. Everybody in the I-130 process has gone through that ))

If you really want to know which vaccinations are deemed appropriate for their age in the U.S., you can find this information on HHS website: http://www.vaccines.gov/who_and_when/seniors/index.html. All immigrating individuals (no matter how healthy they are) have to comply with the U.S. official immunization schedule, which is determined by the Department of Health and Human Services.

That seems crazy to me. Why can't she just change her name like anyone else? Just get the social security card under the new name (showing the marriage certificate), and file an I-90.

Well that's exactly what they'll do - but it doesn't solve the problem of having the name changed in the Russian passport. The comment from Neonred actually makes more sense than the route I outlined, but I'm only sharing my experience

Thanks Sofya! That is exactly what I was looking for. USCIS also informed me of a way to do it by obtaining a court order in the US and filing an I-90 with USCIS. This does not change her legal name as far as Russia is concerned, but it is changed legally here in the US. Then, we can change it on her Russian passport at our leisure by following your steps starting with ZAGS. I like the court order method because it enables us to get her US driver's license, green card, and all other US legal documents etc under her new married name, right away.

You're welcome Also thanks for sharing the other option - it's definitely a worthy piece of information for other folks out here.

Until a few years back the Russian consulate would just put a stamp in the woman's passport with the new name. As far as people on this forum say, they don't do it anymore. Unfortunately, your wife cannot change her international passport until she changes her domestic passport first, which can only be done inside Russia. Here's the route you can take. It's a long one, but if you plan for it, it may not be as much hassle:

1. Live with the current name until the next planned trip to Russia or until her international passport expires, whatever comes first.

2. Plan at least a 1.5 month long trip to Russia when time comes.

3. Go to her hometown where she's registered and visit the appropriate ZAGS for her rayon. There she must file a request for a name change certificate. In the field "reason for name change" she should write smth like "I would like to take my husband's name". Attach the copy of the marriage certificate. In 2010 this procedure cost about $35 and took about 3 days in a non-central Russian city.

4. After she gets back her name change certificate, she should immediately apply for a new domestic passport. Remember, she cannot change her international passport until she changes her domestic passport first. This can only be done in the city of registration - that's why the consulate folks are not able to help you here. Her domestic passport will be ready in about 7-10 days.

5. Immediately file for a new international passport - on the same day she receives her domestic passport with a new name. She will need to ensure her new name is spelled properly in her international passport (I was allowed to use my own, correct spelling for my passport, even though the computer at OVIR suggested a different automated transcription) - this can be done by writing a zayavleniye with a request for specific spelling. She may need to present a copy of your passport or something to corroborate her request (although I wasn't asked for that and my zayavleniye alone sufficed). The international passport takes about 30 days to make, and she can keep her old one until she receives a new one. Take a trip, travel around Russia or abroad, or just hang out, then come back and pick it up when time comes.

6. With the new passport she can change her American documents.

'Playing god'? How about obeying our laws? that is what they are there to do...do you suppose that no young, single Russian woman has ever overstayed in the US?

The OP has short term employment (less than one year) and thus such employment is relatively easy to walk away from compared to a job in which one might have more equity.

Our laws state that EVERY applicant seeking a tourist visa is presumed to be an intending immigrant until they (and they alone) convince a VO otherwise.

A congressman cannot change the decision nor make any attempt to influence their decision.

And trying to use older parents as an excuse is really not much...why? The OP wants to visit for 2 months....(a) no one in Russia gets 2 months paid vacation after 8 months on the job and (b) who is going to take care of those older parents in her absence? And if there is care for 2 months, why not for more?

These are valid points, especially on the 2-month vacation after just 8 months of employment. I've been denied a B1/B2 once exactly on the grounds that my employment was less than a year long, even though I applied only to visit the U.S. for 2 weeks! Moreover, the 2 weeks would've been over Christmas/New Year, when Russians have 10 paid holidays disregarding their employment duration! The consular officer told me that I had weak ties with Russia (although I also own a portion of property, am an only child, had money in the bank and worked a good, steady job). I was told to reapply when I've held the job for at least a year. I actually did get a B1/B2 visa later on - albeit it was only for 4 months (not the standard 1 or 2 years) because of the previous denial. I believe what helped the second time was the fact that the trip was job-related. In that case, my prior history of visa denial did not affect my ability to get a new one.

I know, they just made it sound like I had no choice at all.

As far as discussions on this forum go, K3 is a dead visa - all immigration petitions get approved before non-immigrant K3's, so there's just no point in filing for that.

Natalia, I'd suggest putting in a cover letter an explanation - when you had your J-1, for what program, when you fulfilled your 2YHRR and ALL THE DAYS you were outside of Russia during that period. Yes, keep all your passport stamps handy - I had to submit those as proof of my in-country/out-of-country presence, and the consular officer actually counted all the days I was out of Russia to make sure I indeed had 2 years total.

Other than that you should be fine. I strongly recommend submitting the information in the cover letter AND copies of your passport pages with your AOS package. This will save you time, because otherwise most definitely you'll get RFE'd for this information.

Yes, for the IR-1 they will enclose the DS-3025 in your medical exam which is given to you in an envelope to give to the consulate. They can administer any needed vaccinations at the medical (for a fee, of course)Bring your Russian vaccination records with you to the medical exam.

When I had my medical exam at IOM they automatically charged me extra $20 for the vaccination record. I brought all my papers to the IOM medical center and they transferred all my vaccination records into a single, standard government-issue form in English. They give this form to you separately from the sealed manila envelope and you don't need to present it at the Embassy (the manila envelope contains everything needed, so no worries outside of that). I've already used this form once - it came very handy.

So no, don't translate anything yourself, just bring all your records to your medical exam.

I agree with all previous posts. If you absolutely MUST bring a ton of stuff (beyond clothes for the first few months, all important documents, laptop, sentimental stuff and jewelry), she can always have extra suitcases with her. Depending on an airline, each extra suitcase (after the first two, which are usually free on the international flights, at least with Aeroflot) will cost her 150-200 Euros or dollars, if within weight limits. A colleague of mine once took 7 (!) suitcases with her when she moved from Moscow to the United States, which contained pots and pans and silverware (really?), books (really??), hangers (seriously???) and lots of old clothes, which should've been donated to say the least.

Don't waste your money. Encourage her to pack 2 suitcases and a carry on and avoid any airline fees. Everything else, I mean, ANYTHING, can be purchased waaaaaaay cheaper in the U.S. Unless of course she wants to bring her mink coat (but will she wear it anywhere but New York City?).

She can sell her stuff pretty quickly on avito.ru, molotok.ru and other similar ebay-ish websites, or give it away through darudar.org. All three work like a charm!

JFK is a nightmare for these kinds of flights! Definitely change the connecting flight. Allow her 3 hours between them, AT LEAST. Your being or not being there will not make a difference if you have only 1 hour to catch the next flight. She'll wait in a line for 30 minutes to 1 hour BEFORE even getting to the passport check (unless she's lucky and not a lot of flights arrive at the same time). Then it's another 15-20 minutes to check all her immigration docs. Then it's finger printing (5-10 minutes, if there are people in front of her also immigrating). Then she HAS to pick up her luggage and leave the international arrivals area - add another 10-15 minutes. Add more if she's picked for random screening. Then she needs to get to the domestic terminal (have you been to JFK?) and check her luggage again, get through the security and to the gate.

Look for an option with a 3 hour layover. Even 2 hours would be stressful.

Why won't you have her fly in directly to IAD? If you have a car, you could pick her up. Yes, it'll take some time, but no hassle with catching connecting flights, and it would still take less time and trouble than your traveling to JFK and back.

Your mother should never apply for a tourist visa with a goal to adjust to LPR status later. Tourist visas are non-immigration visas and should never be used to wiggle your way into the country. This is considered fraud and, should it be discovered by the USCIS officials, for example at the time of the visa interview at the embassy, your relative would face at least a visa denial and, in a worse case, a ban from entering the U.S. for years, and you could face fines or time in prison for concealing your knowledge of this/aiding the process. See more details here:

http://www.ilw.com/immigrationdaily/news/2006,1018-crs.pdf

What I would recommend is bring your mom for a short visit on a tourist visa now, but let her go back and go through a conventional immigration visa process.

To be on a safe side, submit one set of originals (or certified copies if originals are unavailable) AND one full set of just plain copies - just put the whole package through a copy machine, including the cover sheet with the bar code. They will keep all the copies on file and give you back the originals at the interview. If you are not sending in originals, but rather submit copies of a document, bring the original to the interview - they will look at it and say, "Ok, thanks, we'll keep the copy you submitted". That's it!

On the set of originals, you can attach a post-it saying "ORIGINALS". And on the copy set attach one saying "COPIES". That's what we did and it all went very smooth.

I would also suggest reading through this very carefully: http://www.irs.gov/publications/p17/ch01.html

There are some cases listed which identify when you can (not should) file even if your income level is too low to file otherwise. In any case, check out the various tables and variables there to see if it would be helpful for your situation specifically.

You'll be fine. I worked during my OPT and didn't pay a SS tax either. Remember that income taxes are NOT the same as SS taxes (подоходный налог и социальный налог соответственно), so what you file in April has nothing to do with your SS tax status Social Security tax only counts towards your ability to receive "pension" (social security payments) when you retire

Now that I am reading this again "Generally, neither you nor your spouse can claim tax treaty benefits as a resident of a foreign country for a tax year for which the choice is in effect and you are both taxed on worldwide income. However, the exception to the saving clause of a particular tax treaty might allow a resident alien to claim a tax treaty benefit on certain specified income."

From my training at IRS I believe this has nothing to do with your husband's resident status for tax purposes. It means here that if you as a USC lived in Russia (=foreign country) and received salary there from a Russian company, you'd have to pay taxes in the U.S. even if you have already paid taxes on it in Russia as well ("tax treaty benefit" is essentially elimination of double taxation; it does not currently work for Americans employed abroad in many countries and receiving salaries locally). As far as I understand, yours is not this case. If your non-USC husband had no income in the U.S. last year, there's nothing for him to pay taxes on, and thus it does not preclude him from declaring his income as zero on a joint/married tax return.

Now, you can of course file as married but separately. Just the fact of getting married (doesn't matter to whom) gives you the right of filing as married, no matter whether jointly or separately. The choice is really yours - usually spouses prefer to do it jointly because the tax refund gets higher compared to separate filing. But in order to do that you need to calculate your returns on both scenarios and pick the best one.

If you file as married filing separately, your husband will need to file form 1040NR-EZ even if he had zero taxable income. The form is very easy, so I'm sure you guys won't have any problems doing two forms if you choose to.

File as married jointly, where your husband is the head of the household. He will use the standard 1040 form and you will be treated as a resident for tax purposes. It is absolutely normal - you will just need to provide your SSN, W-2 or 1099 information to him when he fills out the forms. Use online software which asks you step-by-step questions. You guys may end up getting a nice refund based on your marriage deductions and combined income!

If you file as married jointly, you will not need to file a separate 1040NR for yourself

Also fyi, if you got married at any time during the tax year, it allows you to file as married, including jointly. Filing married jointly is preferable, because tax system in the US rewards marriage by giving you deductions and allowing to move you to a different tax bracket, with a potentially lower effective tax rate.

Good luck!

Is there a reason for you to file separately? If both of you (or even one of you) work, it will be financially more reasonable to file as married jointly. My husband and I filed jointly for four years, online, even when I was a non-resident on a student visa with no/little taxable income. Remember that when a USC is married to a non-citizen, it is the USC's right to file taxes jointly and claim a spouse deduction. If you exercise that right, your non-citizen spouse is considered a resident for tax purposes BY DEFAULT, there's no paperwork to file. That's it. You can file using any online software like Turbotax and such. Remember that filing jointly gives you a good deduction and can potentially move you to lower tax rate bracket (giving you more money back!), especially if your spouse had no or very little taxable income last year.

Don't worry! Just make sure you put all SSN/ITIN information there correctly and you'll be fine

I sent an email to the Department of State and described my situation with two J-1 visas (see above).

This is their response:

"Thank you for contacting the Student/Exchange Visitor Visa Center.

Exchange visitors (EV) subject to INA 212(e) (the two-year home residency requirement) must spend a cumulative (i.e. not immediate or all at one time) period of two full years within their home country. Until the requirement is fulfilled or a waiver of it obtained, consideration for either an H (temporary worker) or L (Intracompany Transferee) employment-based visa, or any type of U.S. immigrant visa cannot be given. However, all other visa types may be applied for.

Proof that the 2 year obligation has been fulfilled can be shown several ways (e.g. passport/s, pay slips, transcripts, bills, etc….). Ultimately, anything and everything that unequivocally shows an/the EV has spent 2 years in his/her home country can be provided."

I understand from this that they do not connect two visas/programs.

How do you read their message?

Thanks.

Igo, from what I know from multiple USG-sponsored programs I was involved in in various capacities (administered by IREX and other agencies as well), your 4-6 week trips will count for as long as they happened after the end of the original program (which I understand they did).

Now, while you still have 2 months to go it does not preclude you from filing I-130. Filing I-130 only establishes your status as a spouse or relative of a USC and does not give you immigration status. We filed I-130 while I still had 9-10 months left on my HRR. So, linking to your other post about a waiver, with only 2 months left do not apply for a waiver. File your I-130 and, if you can, go and get your 2 months done. Remember that you have to prove your HRR completion ON THE DATE OF THE INTERVIEW. So if you guys are taking the IR1 route (for which you have to have the interview in Moscow), you can file papers BEFORE your HRR is done. However, if you want to do an AOS, you should not file papers until your 2 HRR is done, because the steps in the process are not as discreet as with IR1.

You prove you completed your HRR by presenting proof of travel dates (I submitted copies of my passport pages with stamps on them) - depending on your process it needs to be done at the USCIS stage, or the NVC stage, or the Embassy stage.

Are you planning to do an AOS or IR1?

What airline is she flying?From my experience there is gotta be a russian flight attendant,at least one.On our like 20 flights there was one always.So your mother-in -law can ask her fill in the papers.I mean it is a 10 hrs flight,she ll find the time to get it done.The lay over is in London,right.It is not like you got the ticket Moscow-London,and London -wherever you are...?

I hope it is Russia-States through London...then she ll definately won`t be the only Russian on the plane. Also as mentioned above I would have her daughter go through the forms and show her samples(does she have skype?)...if she doesn`t ,it makes it harder.

As far as POE-again,have her right down like a little text -introduction.Like "i am from russsia,here to visit my daughter ,she is a GC holder.I am on tourist visa.I am flying back on such and such.Here is my ticket to get back.I am sorry,I do not speak any English."-this she ll present to the officer. And few more may be...like "please take me to the right lane,I am a visitor,no english" and so on. teach her at what "stage" to show what piece of paper...I mean,have her daughter dictate that to her with translation and instructions in russian on the other side...

She will be fine!!!She is not the first one,nor the last one!!!Good luck and enjoy her visit!

That's pretty much what I did to prepare my parents for their trip. I also wrote very detailed instructions for them identifying signs and what they mean, telling them how to behave with the customs officers, what to do and NOT to do. Essentially, I'd suggest writing down a step-by-step process for her (yes, go online and get the maps of the airport, translate labels on them if necessary and instruct the MIL to print it out and have it with her). It would be helpful if you guys prepared a list of documents/papers/maps/phrase sheet she should have on her. If the woman has instructions for every major juncture on her way, she'll be fine. And come on, she's an adult, she'll get through it Make sure she has your names, relationship, full addresses and phone numbers printed out with her.

Tvorog is exactly what farmer's cheese is. Go to any local organic food store, or Whole Foods, or Trader Joe's and get yourself a nice 1-pound pack of farmer's cheese. That's it! I've bought it in the U.S. multiple times. Just make sure you get FARMER'S cheese, NOT COTTAGE cheese.

Currently, I am a J-1 without HRR but I have HRR from my previous J-1.

I am planning to apply for a Waiver based on Hardship. Can I travel abroad while waiting for a decision on the Waiver HRR?

Thanks.

Sorry, buddy, but with a 99.99 percent probability I can assure you your hardship waiver request will be denied. I went through the process, as well as done an enormous amount of legal research on the topic, and all odds are against the applicant, especially if you were on a USG sponsored fellowship. The only plausible hardship case that could possibly fly is medical hardship, but in order to 'win' that case you or your spouse literally have to be at near-death condition, on bed rest, with 24/7 nursing requirements, and extreme travel risk to your home country.

Take my word, save your money and don't apply on the basis of hardship. It is not worth it. If you do choose to apply, remember that the process will take about 6-7 months (that was my experience in 2009).

Your ability to travel depends on the validity dates on your DS-2019 for your current visa. Will it still be valid when you plan to return? If so, then you can travel no problem. Your waiver application on a previous visa's HRR has nothing to do with your current visa status.

Sorry to be the bearer of bad news.

If you face incompetence at one DMV office, you can go to another one. It can be in a different county altogether - for as long as the state is the same! My husband and I had to drive to a different county several times to get our DL's and ID's renewed, because the DMV office in our city was acting up. So keep this option in mind next time, it does work

Two days may be a stretch, more like 4 days, they have to process the paperwork, then create the visa and attach it and then send out the passport. But yes delivery to the local Moscow or any Moscow suburban office is quickest, it your fiance lives many miles away, delivery could be a week or two.

My visa was ready by COB the next day, so 2 days is quite possible. I had the interview on a Monday morning and on Tuesday at about 7 pm I received a text message saying "your passport is ready for pick up". So yeah, at least 2 days and onwards, and picking up at Pony Express is the fastest option.

Even if they reject you, you don't have to go to the end of the line. Ask, who has an appointment for 8 am - that's your line, don't go any further than the last person, who has an interview appointment for 8 am. 30 min. will be enough anyway.

Purses are allowed inside. I had a purse, hundreds of women, who had their interviews the same day had them too - they just check them and you're good to go. They have small storages inside of the embassy in Moscow too - they don't care about keys or anything like that, only electronic devices - cell phones, iPods etc.

Yes and yes. Additionally, the security WILL CALL OUT all immigration visa applicants FIRST (and K-1 falls into the category). There will be a bunch of people there scheduled for 8:00 or 8:30 - she should stick together with those IMMIGRATION VISA types who are there for 8:00. She should also listen very carefully and ask the security if she doesn't hear the call out. Immigration visa applicants ALWAYS go inside first, always. So, I had an 8 am interview, arrived there at 7:15, and by 7:45 was already in the building going through the stages of security. That's it. Just tell her not to be afraid and to ask security when immigration visa applicants can go - it is important because most of the people in line are there for non-immigrant visas and (unfortunately for Russians) can be rather rude and unresponsive if she asks what time they've been scheduled for. Again and again, she does not have to be in line for 2-3 hours, that's bogus.