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Found 29 results

  1. Hi. I am taking up nursing as a second degree course and I only have 3 semesters left. I have to go home for the next semester because if not I will be joining the new curriculum which will take me an additional year. I am still waiting for my combo card. Is it possible that I go home and my husband will just receive it for me and he’ll just mail it to the Philippines? Has anyone experienced this? Thank you so much.
  2. The text they sent says that instructions will be sent in the mail on what we have to do next. It's been 26 days now so I'm worried that we haven't received anything - do I need to contact them?
  3. Hey everyone - my mom (LPR) filed a i-130 for me back in 2005 and it recently got approved. I am planning to do AOS under the 245(i) category (legal entry, visa overstay, and my mom filed for a labor cert back in 2001). Unfortunately, she threw away everything related to that. Im looking specifically for her ETA-750 form, or approved labor certification from 2001. Would a FOIA to department of labor be the right way to get those files? Anyone have any experience with FOIA to DOL? I also submitted a FOIA for my mom to USCIS for her A-file. Thanks!
  4. Note: When filing for Adjustment of Status K1 and K3 Visa holders are now required to submit their paperwork to the National Address (Chicago Lockbox) instead of at their local CIS office. This procedure became effective for all applicants in April 2005. After the National office completes initial processing your case will be referred to your local CIS office where you will be interviewed for your permanent residency or be transferred to CSC. Prior to this the national office will send you communications requesting biometrics be taken and schedule an interview with you for this. To determine the amount of time it will take your local office to schedule your interview appointment refer to Processing Times page and click on USCIS District Processing Times link Download the Following Forms: 1. I-485 2. I-944 3. I-864 4. I-765 (optional) 5. I-131 (optional) 6. G-1145 (optional) The above forms can be filled out on your computer and printed. Make sure you sign and date them as required. Anything you cannot fit by typing, you can handwrite (very neatly) in black ink in the blank instead. You should always verify the current forms at www.uscis.gov. Assembling the I-485 Package: Checklist Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.): 1. Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees. Be sure to include the payment for both the I-485 and the biometrics fee*. >> The fee for I-485 applications includes the cost of the I-131 and I-765 (no need to pay for them if filed with or while your I-485 application is pending adjudication). 2. Cover Page. This should include the applicants contact information, a description of the benefit being filed for ("Immediate Relative (Spouse) Family Based Adjustment of Status Application") and a table of contents listing the major items in the packet. If you need additional room to explain your case, attach a separate sheet and list the attachment on the cover sheet. Make sure to sign and date the cover sheet. 3. Form I-485: Petition for Alien Relative (note: use the non US Citizen spouse's married name on this form and list previous name/names) 4. Form I-944 (Declaration of Self-Sufficiency with applicable supporting documents) 5. Copy of the non US Citizen Spouses Passport (biographical page as well as entry stamps). 5a. Copy of the non US Citizen Spouses K-1 or K-3 Visa from Passport 6. K-1 Visa Holders: Submit Copy of NOA2 "Approval" for I-129F ** K-3 Visa Holders: Submit Copy of NOA2 "Approval" for I-130 7. Electronic I-94 Copy or (for older entries) a copy of the non US Citizen Spouses valid paper I-94 (front and back of form) 8. A copy of the intending immigrant's birth certificate along with English translation. (If in any language other than English) 9. A copy of your marriage certificate. Note: While a regular copy is allowed, submitting a certified copy is preferred as some members have received an RFE asking for this (so if one is available use that instead). 10. Two passport-type photos (see specification) of the Non US Citizen Spouse. Write the full name and A# on the back using a soft felt tipped pen or pencil. Place in a plastic bag and label the bag "Photo of <Insert Name>". Attach the bag to a sheet of paper and place behind the I-485. 11. I-693, Medical Examination of Aliens Seeking Adjustment of Status.I-693, Medical Examination of Aliens Seeking Adjustment of Status. If you are a K-1, K-2, K-3 or K-4 visa holder the I-693 instructions state that you are not required to have another medical examination as long as your Form I-485 is filed within one year of your overseas medical examination. If you are missing any shots from your overseas medical a I-693 vaccination transcription is required to be completed by seeing a Civil Surgeon to have certain portions of the I-693 completed and have the Civil Surgeon certify the form (sealing the original in an envelope and giving you a copy). 12. I-864, Affidavit of Support (see poverty limits here) >> Include any additional required supporting documentation 13. I-765, Application for Employment Authorization, if you want to work while your application is processed (optional) >> Include any additional required supporting documentation or photos as well as payment as noted here. 14. I-131, Application for Travel Document, if you need to travel outside the United States while your application is processed (optional) >> Include any additional required supporting documentation or photos as well as payment as noted here. * Fingerprint fee not needed for applicants under 14 ** Should this document be misplaced/lost/never received you can file an I-824 to receive a duplicate copy via mail. "Cover Page" Information: In the checklist above it is recommended that you include a Cover Page with your application. While this is optional, filing a cover page will help the USCIS understand what benefit your are applying for and specifically what items you have included in your package. Again, make sure the cover page includes: -- the applicants contact information (name, address, phone number) -- A description of the benefit you are applying for, (Immediate Relative (Spouse) Family Based Adjustment of Status Application) -- A table of contents listing the major items in your package (i.e. I-485 and evidence, I-765, I-131, etc) -- A line with the applicants signature and date I-944 (Declaration of Self-Sufficiency) Information: This form is required to be submitted with your I-485 for all applicants, and is in addition to the required I-864 (Affidavit of Support). The supporting documents list is lengthy and includes a tax transcript (not actual tax return) of the U.S. citizen, last foreign tax return filed by the fiancé, asset statements, certificates for any English courses taken, higher education verification, if applicable (including diplomas and equivalency evaluations), and several other onerous requirements. The most troublesome item is the requirement for a U.S. credit bureau credit report, or a letter from a credit bureau stating that no credit report is available. Since most recent immigrants will not have a credit record in the U.S., no credit report will be available, and the 3 credit bureaus have not been issuing letters stating no report is available. Our best advice at this point is to write a letter explaining why no credit report is available. You can find an example of this letter and an example filled out I-944 here. Attach "E-Notification" Form (Optional) Clip a completed G-1145, E-Notification of Application/Petition Acceptance, to the first page of your application (on top of the cover page). By completing this form and attaching it, USCIS will send you an email and/or text message to alert you when your application was received. Where to File Everything: Applicants are required to mail applications to a national mailbox (Chicago) as stated on the form (not your local USCIS office). Be sure to mail the package with return receipt requested / delivery confirmation. Send via USPS. IMPORTANT! Make TWO copies of the entire package before you send it in. This includes the money orders too. You want to have a perfect replica of the package you are sending in. All Forms that you submit must be originals with original signatures. Supporting Evidence that you submit may be photocopies. Retain ALL original supporting Evidence since the USCIS has the right to check them by issuing an RFE (Request For Evidence). If you receive an RFE, follow the direction exactly, and make two copies of what you sent back. During any future interviews the USCIS may also want to examine the original supporting evidence. After Filing: What Happens? I-485's can take anywhere from several months to several years to be approved depending on where you live (every local office has a different waiting period). This delay often leaves the petitioner feeling completely hopeless of ever receiving approval. DO NOT GIVE UP! Though it seems like forever, the CIS will eventually get to your petition. In the mean time make sure your EAD for working is valid (renew when needed) and that you have an AP for any neccesary travel you have planned. Listed below are the main items that will happen while the beneficiary's I-485 is being processed. Employment Authorization and Advance Parole Processing If you filed for Employment Authorization and/or Advance Parole petitions are generally processed within 90 days of filing. During that wait the beneficiary (non-US Citizen Spouse) will be sent a notice in the mail to schedule an appointment at the nearest USCIS biometrics office to have their fingerprints and photos taken. It is important follow the instructions in this notice and to schedule the biometrics appointment in a timely fashion. Below are estimated waiting times for these benefits: Estimated EAD Processing Times Estimated AP Processing Times As a note, in an emergency where travel outside of the United States is needed (while a beneficiary's I-485 in still being processed) an Advance Parole can be obtained quickly by scheduling an Info-Pass appointment at your local USCIS office. You must show proof (doctors note, etc) that the travel is a true emergency (such as to see a critically ill relative or other true emergency) and file an I-131 (AP) in person. If approved the AP is likely be issued the same day. Do not attempt to leave the country without an AP as this can result in the beneficiary's I-485 being considered "abandoned" and will require a new Visa to enter the US (and refiling of the I-485). Biometrics Your beneficiary (non-US Citizen Spouse) will be required to have their biometrics taken as part of the I-485 processing (fingerprints and photos). The beneficiary will be sent a notice in the mail to schedule an appointment at the nearest USCIS biometrics office to have their fingerprints and photos taken. It is important follow the instructions in this notice and to schedule the biometrics appointment in a timely fashion. This can typically precede the interview date by up to 15 months, however it is usually much closer. Interview (in person) for Adjustment of Status Eventually most people (see exception below) will receive a letter from the CIS informing you of your interview date. It will include instructions on what to bring to the interview and any required items you may need to complete before hand. One of the most critical items requested will be "evidence of the relationship" which proves that your marriage is true and faithful (i.e. photos, joint checking account, joint lease, joint mortgage, and birth certificates of children if any, etc.). Also, it is important to bring the current passport of the beneficiary to the interview. The interview is fairly painless and may be video recorded and lasts between 15-30 minutes. If approved you will be mailed your "green-card" shortly after the interview date (weeks). Interview Exception. In some cases a beneficiary's Adjustment of Status case may be transfered to the California Service Center (possibly another location) where the CIS will attempt to complete processing without requirinig an "in person" interview. There is no particular way to know if this will happen to your case however if this does happen then you will not be required to attend an interview in person. If the I-485 is approved the beneficiary's green card will simply be mailed to them. NOTES: (1) It is possible that at your interview a tardy namecheck or FBI clearance may hold up a final "approval" of the I-485 after the interview. Permanent Resident status does not start until the case is *actually* approved, which may be a later date than the interview. The final issued green card will show the validity date. (2) If the beneficiary and petitioner have been married less than two years at the time the I-485 is approved then the beneficiary will receive what is called a "conditional" legal permanent residence. This simply means that the beneficiary will have to renew his/her greencard 2 years from the date it was originally "issued" by filing an I-751 to remove conditional status. When filing this form you will need to again show proof of your valid and ongoing marriage.
  5. I filed for Adjustment in early April, and we received our NOA. I just received an RFE in the mail requesting the following: "Evidence of your lawful admission or parole into the United States. Such evidence includes but is not limited to: Form I-94, Arrival/Departure Record, Form I-512 with completed arrival stamp, or a copy of the nonimmigrant visa page of your passport showing admission to the United States." I included a copy of the I-94 & Arrival/Departure Record, printed directly from the government website & a color photocopy of the dated admission stamp in my passport, as well as the non immigrant visa page. I'm feeling confused as I made a copy of what we submitted, and all those components were included. I will happily submit the documents again, but am nervous that this wont fulfill the RFE if they didn't accept what I sent the first time. Has anyone else found themselves in this position? Thanks in advance
  6. BE WARNED: You must qualify to file for an I-130 in the US. Not everyone does, and in some cases doing so can be considered fraud and result in being deported and banned from re-entry into the US for a period of time. If you attempt to file and you do not qualify your legal status in the US can be placed in jeopardy. J1 Visa holders will almost always require a waiver and should consult with an immigration lawyer or the USCIS for more information. If you have any doubt, consult an immigration attorney. If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US. If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US. The above conditions are serious and can result in the separation of families for many years if not taken seriously. Download the Following Forms: 1. I-130 2. I-130A 3. I-864 4. I-485 5. I-765 (optional) 6. I-131 (optional) 7. G-1145 (optional) The above forms can be filled out on your computer and printed. Make sure you sign and date them as required. Anything you cannot fit by typing, you can hand-write (very neatly) in black ink in the blank instead. You should always verify the current forms at www.uscis.gov. Assembling the I-130 Package: Checklist Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.): 1. Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees. 2. Cover Letter. Should include a description of what your are petitioning for (I-130), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet. 3. Form I-130: Petition for Alien Relative 4. Copy of the Full Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen's passport. This is used to establish citizenship. 5. A copy of petitioner's proof of naturalization. (If applicable) 6. A copy of petitioner's proof of permanent residency. (If applicable) 7. A copy of the intending immigrant's birth certificate and/or passport along with English translation. (If in any language other than English) 8. A certified copy of your certified marriage certificate (again, translated if not in Engligh) 9. A certified official copy of the petitioner's and/or intending immigrant's divorce documents. (If one or both of you have been divorced before) 10. A copy of a prior spouse's death certificate. (If filing for a spouse, and one or both have you were married before, and the prior spouse died) 11. Two passport-type photos (see specification) of the US Citizen. Write the full name on the back of each photo. Place in a plastic bag and label the bag "Photo of <Insert Name>". Attach the bag to a sheet of paper and place behind the corresponding I-130. 12. Two passport-type photos (see specification) of the foreign spouse. Write the full name of the beneficiary on the back of each photo. Place in a plastic bag and label the bag "Photo of (insert name) ". Attach the bag to a sheet of paper and place behind the corresponding I-130. 13. Evidence of a bonafide marriage (see note below for what to include) 14. Form I-130A: Supplemental Information for Spouse Beneficiary Evidence of a Bonifide Marriage The USCIS now requires that when filing an I-130 for a spouse that you include evidence of a bonifide marriage. They list examples of acceptable evidence as: 1. Documentation showing joint ownership or property; or 2. A lease showing joint tenancy of a common residence; or 3. Documentation showing co-mingling of financial resources; or 4. Birth certificate(s) of child(ren) born to you, the petitioner, and your spouse together; or 5. Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship (Each affidavit must contain the full nameand address, date and place of birth of the person making the affidavit, his or her relationship to the petitioner of beneficiary, if any, and complete information and details explaining how the person acquired his or her knowledge of your marriage); or 6. Any other relevant documentation to establish that there is an ongoing marital union. Assembling the I-485 Package: Checklist Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.): 1. Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees. Be sure to include the payment for both the I-485 and the biometrics fee*. >> The fee for I-485 applications filed on or after July 30th 2007 inlcudes the cost of the I-131 and I-765 (no need to pay for them if filed with or while your I-485 application is pending adjudication -- as long as you paid the "new" rate for the I-485 effective July 30th 2007). 2. Cover Letter. Should include a description of what your are petitioning for (I-485), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet. 3. Form I-485: Petition for Alien Relative 4. Copy of the non US Citizen Spouses Passport (biographical page as well as entry stamps). 5. Electronic I-94 Copy or (for older entries) a copy of the non US Citizen Spouses valid paper I-94 (front and back of form) 6. A copy of the intending immigrant's birth certificate along with English translation. (If in any language other than English) 7. A certified copy of your marriage certificate. (If filing for your spouse) 8. A copy of the petitioner's and/or intending immigrant's divorce documents. (If filing for a spouse, and one or both of you have been divorced before) 9. A copy of a prior spouse's death certificate. (If filing for a spouse, and one or both have you were married before, and the prior spouse died) 10. Two passport-type photos (see specification) of the Non US Citizen Spouse. Write the full name on the back. Place in a plastic bag and label the bag "Photo of <Insert Name>". Attach the bag to a sheet of paper and place behind the corresponding I-485. 11. I-693, Medical Examination of Aliens Seeking Adjustment of Status 12. I-864, Affidavit of Support (see poverty limits here) >> Include any additional required supporting documentation 13. I-765, Application for Employment Authorization, if you want to work while your application is processed (optional) >> Include any additional required supporting documentation or photos as well as payment per USCIS instructions. 14. I-131, Application for Travel Document, if you need to travel outside the United States while your application is processed (optional) >> Include any additional required supporting documentation or photos as well as payment per USCIS instructions. 15. I-485 Supplement A, and penalty fee if applicable. See 8 CFR 245.10 16. I-601, Application for Waiver of Grounds of Excludability**, if applicable * Fingerprint fee not needed for applicants under 14 ** an I-601 is NO FEE, if, and ONLY if filed WITH an I-485. Later filing DOES require a fee. Whether to file an I-601 is an important decision -- like the J-1, consulation with an attorney is recommended. Add an overall cover page: It is useful to add an overall cover sheet with the description of the package and pertinent information such as the applicants name and address. Make sure the cover sheet indicates the package is an Immediate Relative (Spouse) Family Based Adjustment of Status Application with a concurrent I-130 filing. List the major contents of the package (i.e. I-485 and evidence, I-130 and evidence, I-765, I-131,etc). Attach "E-Notification" Form (Optional) Clip a completed G-1145, E-Notification of Application/Petition Acceptance, to the first page of your application (on top of the cover page). By completing this form and attaching it, USCIS will send you an email and/or text message to alert you when your application was received. Where to File Everything: You should mail the completed form(s) to the USCIS Chicago Lockbox (Note the PO Box address for your filing type: Form I-130 with Form I-485). Mail the package with return receipt requested / delivery confirmation. Send via USPS. IMPORTANT! Make TWO copies of the entire package before you send it in. This includes the money orders too. You want to have a perfect replica of the package you are sending in. All Forms that you submit must be originals with original signatures. Supporting Evidence that you submit may be photocopies. Retain ALL original supporting Evidence since the USCIS has the right to check them by issuing an RFE (Request For Evidence). If you receive an RFE, follow the direction exactly, and make two copies of what you sent back. During any future interviews the USCIS may also want to examine the original supporting evidence. After Filing: What to do? Now starts the waiting game. If you filed for an EAD, your spouse will get their Employment Authorization Document approved in 30 to 90 days and will be scheduled to have their picture taken and to have their EAD card issued. After your spouse has received their EAD, the real wait begins. I-485's can take several months to couple years for approval, and often leaves the petitioner feeling completely hopeless of ever receiving approval. DO NOT GIVE UP! Though it seems like forever, the CIS will eventually get to your petitions! Your spouse may also be required to have a medical sometime during the AOS process. The medical must be done by a CIS accredited doctor. Your CIS office should give you a list of CIS accredited doctors in your area, if not check with your local office to get one. The medical exam can cost anywhere from $100-200 dollars, many physicians will not take a check, but only accept cash. Be prepared of the cost before your spouse gets this done. It would be wise to collect their vaccination information before going to the appointment as the doctor will need to have record of them. At the appointment your spouse will be tested for TB, AIDS and Syphilis. If they do the skin test for TB, they will be required to return to the CIS doctors office to have the site checked before they finish the exam paperwork. Note: Some CIS Offices allow you to schedule your appointment when you want, as long as it is done before the AOS appointment, check with your CIS office to see how they handle CIS medical exams before filing your AOS paperwork. Your spouse will be required to have biometrics taken at some point including fingerprints and photo's. This can typically precede the interview date by up to 15 months, however is ussually much closer. Eventually you will receive a letter from the CIS informing you of your interview date. You and your spouse will need to bring supporting evidence of the relationship... i.e. photos, joint checking account, joint lease, joint mortgage, and birth certificates of children if any etc. Also, it is very important to bring the current passport of the applicant, as the CIS will stamp his/her passport with the I-551 stamp if they are approved. This stamp is proof of permanent residency that can be used until they receive their greencard. This normally can take up to six months. The interview is fairly painless and may be video recorded and lasts between 15-30 minutes. NOTE: If you are married less than 2 years, your spouse will have to renew his/her greencard 2 years from issuance by filing the I-751 to remove conditional status.
  7. My spouse just filed the form i-130 online and we were taken to a screen that shows our receipt number beginning with IOE and a message that says "Your benefit request has been accepted and is under review." how long does it normally take to receive the i-797 so we can proceed to filing the i-485 form?
  8. Hi everyone In the form i-944 I should count the household where I live I share the address with my mother in law and her two sons but me and my wife living downstairs and we have almost everything separated from the rest members of the house.... We even pay her rent Should I include them in the form or it'll be just me and my wife?
  9. Hi, I am at a loss. I thought I could file for AOS by myself and I did a ton of research, however we decided that it would easier and less risky to work with a third party, RapidVisa. We were told by RapidVisa that we need a joint sponsor since we only have the most recent year of tax returns (our income is above the poverty guidelines). The other 2 years my husband didn’t make enough money and didn’t file taxes. Now, I read somewhere that you can’t get a joint sponsor when you make over 125% of the poverty guideline. Also I read the USCIS only looks at the most recent tax year. So what are we supposed to do? Do we need to get a joint sponsor now or for down the road? Please help a non-immigrant out here! 🙏🏼 Emily ———— Entered US: 02/27/2020 Got married: 03/16/2020
  10. I was going over the I-485 with my husband and suggested he include his DUI even though he was not charged and there is no police record because he got his license revoked. He thinks if it’s not on his police record it’s not considered a crime. I would like others opinions on the matter. I suggested mark yes to the crime question and then explaining further.
  11. Hi all, I arrived on aug 9 2018 Got married sep 2018 Filled for AOS ans EAD on dec. 17 after the 90 days without form I130 Biometrics on Jan 12 2019 Recived EAD on July 14 2019 My question is, did ai need to add form I 130 since I files after the 90 days of my entrance? Or why is my application taking so long
  12. My stepdaughter has been in the US on a student visa for a couple of years. She is currently using OPT Stem which expires in September 2020. She has already applied for an extension and is not eligible for another. She is unmarried and over the age of 21 and applying for graduate school. Her father, my husband, is a LPR. We want to adjust her status but I am not sure if I use the same forms to adjust my husband's status or different forms. Can anyone point me in the right direction? Thanks in advance.
  13. Can someome please help me , i need to write an explanation of why im not required to file taxes for the current year, also can I obtain a non filing letter from IRS for 2019? I am on SSDI
  14. I received an RFE today about missing letter explaining why i dont file taxes, but when i sent out everything i also forgot to send in DS3025 ( vaccination ) however they didnt ask about this in my RFE, is it possible to get another RFE? My package is at the National Benefits Center now
  15. Hi! We are coming here to get advice and counsel from this community. I am a male US Citizen in Los Angeles. My girlfriend is from Canada. Six weeks ago, she flew to Arizona to visit her friend in Phoenix and to visit Sedona. She then extended her trip to visit friends and me in California. For the last four weeks, she has been staying with my daughters and me and spending time with a lot of her friends in Southern California. The four of us just drove together up the California Coast to spend time with my brothers and my parents over Thanksgiving. We had a magical time. My daughters love her and don't want her to leave. My family loves her and don't want her to leave. I love her and don't want her to leave. Most importantly, she loves us and doesn't want to leave. She still is here under a tourist visa for 5 months, so there is no problem with her staying. However, we don't want to be apart in five months. In the truest sense, her status is changing before our eyes. QUESTION: Are we crazy to get married and file for an AOS? We know that it will be hard. She won't be able to work. She won't be able to leave the country. We are weighing all of that. However none of that feels as hard as it would be on us and my daughters to be apart in four months. If we do decide to get married, does it matter where? Does it matter when? What is the best way for us to go about this in a way that allows her to work, drive, and travel as soon as possible? Again, we don't know if we will do this. We have several months to decide. But things are changing before our eyes and we need guidance from those who know the ins-and-outs so we can weigh all options. Thank you so much!
  16. Hi everyone, Would really appreciate your help with this. My AOS package (I-1485, I-130, I-765, I-131) was received by USCIS on 11/15. I just got my entire package rejected, with mistakes on almost each form. Background: Petitioner is applying for AOS from F-1. I-485 incorrect fee, this one is totally my fault, I failed to include the $85 for biometrics I-130 incorrect fee -- not sure why, I included the G-1450 for $535, this is the fee listed on the USCIS website. Did they list incorrect fee because the I-485 fee was incorrect as well?? really confused about this one I-765 incorrect fee -- this ties into I-485's incorrect fee, so I get it "Reason for Applying" was not completed I certainly a checked a box, and it shows in the form they sent back Part 1, Reason for Applying -- I selected 1.a. "Initial Permission to accept employment." could this be that I checked the wrong box? background, beneficiary had previous EADs but through a different status (he had OPT) so I read that since we're applying under a new status it would be intitial permission eligibility category is C09 I-131 incorrect fee -- i get this outdated form filed using the 04/24/19 version, that's what's on the site is there a newer form i should be using? Really appreciate any feedback. We're a little stressed over all these errors we don't understand.
  17. Hi guys, So I just got married (yay) and am in the process of applying for a change of status from my OPT extension of my F1 visa to the green card. In the i-485 it asks for you to list your past employment for the past 5 years. On the OPT i am granted work authorization and a social security number and so can get work, but I should really only work in my field of study. However for the past couple of weeks I :have been working at a cafe whilst also employed in a job in my field of study. I was wondering what I should do with the employment question: whether I should not put down my cafe job (as technically I shouldn't be working it) and risk them finding out I lied or; if I should put down my cafe job and hope that they either don't look into it or that its not actually illegal what I've done since I do have work authorization and a social security number? Has anyone been through a similar situation? Any thoughts or suggestions would be great! Thanks very much!
  18. I've filed for my i-485 and I'm waiting for the interview, I've posted previously that my husband and I plan to move states and are aware of the steps we need to take for that. We were planning to leave November 16th, but have decided to wait until after the holidays. Him and his sibling want to go back to their home state for a 3 day visit however - can I travel for a trip like this with a pending AOS? Obviously my interview wont just pop up while I'm gone, but are there any rules in place that say this isnt a good idea?
  19. Hi Everyone! First post here, looking for some advice! My British fiancee is a few steps away from having her medical and interview for her K1 Visa. However she is also looking at 1 year Master's programs in the UK (running from September to September). The schools are accepting applications right now, and so she would obviously apply as a British citizen and resident. However, if she were given her visa, and we got her to the US AND got the Adjustment of Status and Re-entry Permit completed in time for her to start her studies, then she would like to pursue that. It will obviously be difficult to get all of these stars to align, but what she and I would like to know is if it's possible for her to go to school for a year in the UK with Conditional Permanent Residence in the US and do so even though on her university application she applied as a British resident. This would qualify her for the tuition fees of every other Brit living in the UK AND (hopefully) allow her to return on a re-entry permit. Our question is this: Is a customs agent at the POE AFTER completing her studies and returning on the Conditional Green Card likely to deny her re-entry since she applied to school as a British resident (NOT an American resident) even if she applied before she got her visa? I've read that claiming residency in two different countries is a pretty sure-fire way to get a Green Card revoked, so we obviously want to avoid that. But we want to know if they would understand that she applied (and was maybe even accepted) to a university before she got her K1 and has every intention of returning to the US. Her program would have clear start and finish dates, and she would also hopefully have some clear ties to the US before she left to study (joint american bank account, car in her name etc...). What do you guys think? I should also note that this particular program she wants to study is not available in the US and so that option is out! I think the two obvious suggestions people will make are to either: come to the US, stay and study in the US, and don't risk ever leaving the US, OR, study first, then reapply for the K1 and come after. We are just brainstorming at this point and wondering if it's even possible to thread this needle, and to see if anyone has any other advice they could offer us? Thanks Everyone!
  20. For some background; My case began officially being looked at on the 27th of August. I'm currently living in Indiana in my in-law's RV with my husband. For private reasons I don't feel the need to disclose here, things in this state haven't been going well for us. We moved here in July along with my brother-in-law and his girlfriend. They're planning on moving back to Florida where we came from and we're seriously considering having my case transferred and moving back with them before the winter hits on November 14th. Is this an option for us? What are the pros, the cons, etc.? If the worst case scenario were to happen and my application was denied, a huge part of my own reasoning to move is that I don't want my husband to be alone and isolated from close friends and his brother. He will not have the support he'd need here in Indiana.
  21. Hi Everyone, I have a EB2 PERM for a location New York city that was applied and approved in May 2018 while I was in India. I had completed 6 years on H1B(from 2011 to 2017) and had to go back to India. Currently I have an H1B extension based on approved I-140/ AC21 and back to the US in September 2019 to Chicago, Illinois (I work for a Big 4 consulting firm and I work out of various client location). My priority dates are current now and I am eligible for Adjustment of status under cross country chargeability . For some reasons my company's immigration department(NOT lawyer) is asking me to move back to New York in case I wish to apply for AOS, citing the reason that, NYC was the location specified for the PERM when it was applied. I don't have a project there currently and just am settling down in Chicago with family. I thought I should only be moving and working out of New York city once the green card arrives, as the location in the PERM is the location for future employment post the green card arrives. Can someone clarify if this is true? Will I need to move to New York for the sake of AOS application or can I continue to work in Chicago, Illinois until the Green Card interview/approval process? At what stage of the Green card application/AOS process do I have to move to the PERM location that is New york? Details: Category : EB2 Priority Date: 1 May 2018 Country of Chargeability /Cross country Chargeability: UAE(ROW) Currently on H1B visa on 7th year extension.
  22. This is the situation: My husbands joint sponsor makes enough income that his wife is not needed. They thought they were filing jointly but recently discovered that they weren't. They got the taxes amended BUT this amendment does not reflect on the joint sponsors tax transcript yet. They do have proof that they have sent it off to the IRS though. Does his wife still need to fill out the i864a? She is currently going through ROC herself...
  23. I have a friend of a Permanent Resident cardholder. His wife is a B1 visa holder and her visa is current. It will expire in October. If she does adjustment of status and her visa expires while the process is continuing will she have any problems? Also, does she need to fill out form I-130 and I-130A?
  24. Hi, this one is a specific question. So my wife (us citizen) and I are preparing for my adjustment of status. We need to find a joint sponsor but when using joint sponsor’s asset to meet the requirements, does it have to be 5 times of the shortfall or 3 times of it since my wife is us citizen sponsoring me. For example, if our joint sponsor lives alone and she doesn’t have a job, should the sum of her assets be $21,137 times 3 or $21,137 times 5. Thank you in advance, any help would be much appreciated.
  25. Hello! My husband recently filed for adjustment of status through me, a USC. USCIS recieved our case on June 12th, 2019. We dont have the bio appointment yet so I'm wondering if we are even eligible to request an expedite on his EAD? His previous place of employment really wants him back, and are even short staffed but he cant go back until he gets his EAD. So I'm wondering what the process is, and if we even CAN or if we have to wait longer. ***What should the letter from his employer state if we are to send that also?
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