ladybug2010

As usual, thank you VJ community for coming to my rescue. You told me everything I needed to know. Thanks for your time - have ag reat day!

We found a civil surgeon, but she will not accept the titer testing that our family physician did in order to complete the vaccine information. She charges 99 for the exam with no vaccines, or 350 for the exam with vaccines. Our insurance would cover vaccines, but not at the civil surgeons office. Can we get our family physician to administer the vaccines so we have the vaccine record? If so, what are the vaccines he would need (he is 40 year old male) - I have researched the charts put out by the CDC but am having a hard time deciphering. Finally, if our family physician gives him one dose of each vaccine needed, then is that sufficient for the civil surgeon exam or would the civil surgeon then be obligated to give him any "follow up" or booster doses? (for example, I know that if a vaccine requires a series of 4 shots, USCIS will accept only one shot if the civil surgeon gives it during the exam - but is it the same if you have it done by your family physician?)

Thank you so much!

We are AOS in the US. Thank you!

Hi Kristian! We are also going to do an AOS from a TN...not too many of us out there Just wanted to wish you luck, I am guessing you will get your interview notice any day now! Please update this post when you can so I can follow your journey....Good luck!

Yes, I was thinking about that and will ask a lawyer about it.

Am wondering if it wouldn't be better to just submit the documents they are asking for.

Anyway, thank you for your help

I would absolutely submit every document they are asking for. Because i believe in being overprepared, I would also get an affidavit from my ex-spouse and I would take that out at my next appointment with USCIS if needed or if I thought it would strengthen my case at that time.

Best of luck!

I just happened across your other thread - I think JimVaPhuong gave incredible insight into your situation. I would also second attempting to contact your ex-wife and having her complete an affidavit regarding the dissolution of your 1st marriage if you can. Good luck!!!

I haven't come across this before, but I am pretty new to the immigration processes. I hope somebody else who has been in a similar situation will pop in and offer their experiences. It does sound like hopefully the IO is just wanting to be efficient and speed things up. My thoughts are that they may be just affording you the opportunity to turn it the paperwork in "in person" to speed things up for you, they may have some additional questions to ask you, or if they are worried about the validity of your marriage they may do a stokes interview. I am sure some other VJers will chime in with better/more advice in a few minutes because like I said, I am new to the process!

Did the RFE ask you to bring any other documents with you? I am wondering what it is referring to: "with your response in person." What are they asking you to respond to?

Is there a set appointment date/time or do they just want you to show up anytime?

They can, but at the discretion of the CO. When considering assets the I-864 instructions tell us that: Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included.

Thanks for the reply. I wish there was a "rule" on this versus having the IO use their discretion. I just called the 1-800 number for USCIS and they said the EXACT same thing - that it is at the discretion of the officer. Would LOVE to hear from anyone who has either used a 401K as an asset on the I-864 or who has further information.

Thanks again Anh map for your reply!

In doing all of our prep to get ready to file AOS, I ASSumed that our 401K's would be considered cash assets. But google searches are giving me lots of different opinions/information. SOOOO, who *knows* if a 401K can be used to go towards assets on an I-864?

Thanks!

Thanks Ahn map - the assets that we would be using are all cash and accessible immediately. Anybody else done an Affid of support using just assets?

Hey! Anybody ever do an Affidavit of Support using only assets (we can show 3X the poverty level for our family)? This is for adjusting status via marriage to a USC.....how does USCIS look at Affidavits that only have assets (and we don't have millions of assets - but we can show 3X the poverty limit in cash accounts pretty easily)....I have read that they take the income more into consideration than assets but wondering if they can/would deny Adjustment of Status for an I-864 that shows only assets....

Thanks!

Thanks for responding Belinda! Unfortunately, SSA is suspending those statements - when you go to request one online, they state that due to budget issues they will not be issuing statements, and the ability to order statements online is no longer there!

Thanks Yu Dan - I thought about sending my soon to be husband down to ask that but wasn't sure if they WILL do it - if anybody knows, please share. Otherwise, we will report on our experiences soon...

We are preparing to file and we are going to use the I-864W (filing TN to GC through AOS based on marriage to a USC). For those who may now be familiar, the I-864W is the waiver of the I-864 and we are using it because my soon to be husband can be credited with 40 credits of work (legally) in the US.

I ordered a copy of the certified earnings statement from the Social Security Administration back in January and never received it. They never cashed my check and returned my request stating they are no longer offering statements because of budget cuts. Their website states the same (http://www.ssa.gov/mystatement/).

The instructions for form I-864W specifically state to provide any and all Social Security forms to prove that 40 credits have been earned by the intending immigrant.

Any ideas where to go from here?

I will be petioning on behalf of my soon to be husband, but I do not work (stay at home mom) and have no income. We do not wish to use the intending immigrant's income because we would have to get his company involved in paperwork stating that the income should continue in the future which we would have to do in order to use his salary. Between the 2 of us, we have well over the assets (3X the poverty limit) to use. We also have a joint sponsor who would be happy to serve for us. However, that all seems a lot more difficult then filling out the I-864W and attaching the social security statement to it......

Any ideas/help is much appreciated!

Thanks so much Krikut and thank you Warlord for the awesome post! The fairly recent change in TN's from 1 to 3 years does make life a lot easier. We do have a couple of particulars we want to run by an attorney - would you recommend the one you used? As I am sure you know, finding someone well versed in TN to GC isn't easy. Thanks so much!

Thanks, Ryan, for the reply! We will most likely do the paperwork ourselves (thanks to the awesome guides on VJ) but AOS from a TN based on marriage to a US Citizen is a bit out of the norm and we would like to do a pre-filing consultation with an attorney who has experience in the area (most immigration attorneys do not). Hoping some former Tn to GC's via AOS to a USC will chime in.

Looking to hear from any other TN (Canadian) to greencard via AOS - looking for good attorney recomendations for this specific situation! Thanks!

Preparing to file AOS from a TN status for my Canadian soon to be husband - husband is currently in the US and working (authorization from TN).

I have read some concerns about biometric processing times in Dallas and that they are getting backlogged. Dallas will be where we go for biometrics.

Questions:

1. Are biometrics required before the EAD is issued?

2. If biometrics are taking longer (recent posts stating biometrics letters arriving almost 100 days after sending package off), then does that automatically delay the EAD?

3. Is the "within 90 days" we hear about with regards to processing times for EAD a "rule" or just a USCIS goal?

4. Is it possible (and not just possible, but is it likely) to be able to get an EAD expedited if it looks like it is going to go over the 90 days processing?

Thanks to anyone who takes the time to respond!!

Thanks formerairline for the response and congratulations!

THanks JimVaPhuong for all of the great information. I really, really appreciate it!

At what point in the AOS process does the USCIS notify you if a 601 waiver is needed (or at what point do we determine that it is needed?) If they do request this waiver then how does that affect an EAD that was issued as a part of the AOS process?

I do believe I am familiar with an expert in the waivers and we will take your advice and set up an appointment to be prepared.

I also agree with you and tend to think that they were not aware of the overstay and it will be a mute issue but I just want to make sure we are as prepared as possible......

Thanks!

Thanks JimVaPhuong for the very detailed and thoughtful response.

And yes, you did understand our position correctly. My soon to be husband did overstay in the past (one time by approx. 185 days) but he was allowed re-entry without a problem and obtained a TN "visa" (technically status) at the US/Canadian border by CBP.

Would love to hear if anyone else has been in this situation (basically, where a ban could have been triggered but it was not). We were ignorant of immigration laws and thankfully got "lucky."

In our particular case, my husband was laid off on his TN status/visa and he did not know to submit a change of status to tourist. When he did find a new job 185 days later he flew to the border and he obtained a new TN status/visa without an issue. He did not lie at all while obtaining his TN visa.

I understand that people who have overstayed and are out of status at the time of filing for AOS usually have their overstay forgiven when marrying a USC. But what about when someone was Out of Status in the past, didn't occur a ban but they could/should have, then marries and Adjusts Status. Would PREVIOUS overstays make USCIS trigger a retroactive ban? (thank you Jimfor the great answer you gave and your thoughts on the matter!)

If anyone else has been in a similar situation or has further comments please advise.

Thank you so much!

We are also considering filing a I-864W and would LOVE to know what you ended up having to show as proof. Was the SS statement enough? Did you get a certified statement? Did you have to bring copies of all of your past 10 years worth of taxes??

Thank you!

Congratulations and thank you so much for sharing your story! We are looking at doing AOS from a TN, too. Would you mind sharing more about your interview? I am curious if they tried to question much on immigrant intent. My fiance, much like you, entered in TN status and now we have decided to get married!

Did you utilize an attorney or did you consult with an attorney?

Did you have to show copies of your previous I-94's showing Tn status (we only have the most current one and do not have copies of the previous ones - they were turned in each time my now-fiance went to the border to obtain a new Tn)?

Any information you can share would be great.

Thanks so much for the reply KriKit!

Hopefully I will get a few responses as people check the forums after the holiday weekend. I am a little worried that the lack of people with Tn AOS experiences means that it is an undesirable route. We will be AOS based on marriage to a US Citizen and not through work sponsorship. If anybody has done this please post!

Thank you!

Thanks Sciencenerd for your time and thoughts! I hope a few others will come and chime in, though I guess everybody else is out enjoying themselves on a Friday night! I am hoping that any type of previous overstay would be automatically forgiven since he is marrying a USC but I am not sure if that generally refers to someone AOS on a "current" overstay or if it also refers to overstays from the past. If it does NOT apply to past overstays I wonder if this is something that would even come up during an AOS since it obviously hasn't come up each time my fiance has crossed the border and each time he has gotten new TN visas (and he never has lied in obtaining his TN nor has he ever lied when crossing the border)....

Hopefully some of the VJ experts will be on later tonight or in the morning to give some advice.