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Found 14 results

  1. 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!
  2. 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?
  3. 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!
  4. 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.
  5. 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.
  6. 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...
  7. 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?
  8. 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.
  9. 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?
  10. My husband is not currently authorized to work. I know this is forgiven when adjusting status through a US citizen. My question is this: My husbands place of previous employment wants him to come back to work. His family is involved in the business. Well they are asking him to fill out an application and on that application it asks if he is legally allowed to work in the US. Obviously the Answer is no. But I'm wondering if he answers yes and they don't bother to check it, will this reflect negatively on our pending adjustment of status case? I know working unauthorized is frowned upon but, is lying about being legally allowed to work in the US even worse? Could that be taken the same as claiming you are a US citizen (he's never done that before by the way)
  11. Apologies in advance for this truly absurd wall of text, but I wanted to write up my whole interview process in excruciating detail for those doing AOS in NYC at Federal Plaza. I’m a Canadian citizen living in Queens, and did AOS from TN-1 work status. You can find a detailed timeline in my signature. Before the Interview My interview was scheduled for 9:15am on 5/21/2019 at Federal Plaza in Manhattan. We arrived around 8:30am, but did a lap around the block and went in at 8:45, as the notice says not to arrive more than 30 minutes early. People weren’t kidding when they said it was airport style security -- complete with bins and taking shoes off! -- but the lines moved quickly. Once through security, a large sign in front of the main elevator bank clearly noted which offices were on which floors. My notice said to go to the Queens Office on the 9th floor. Once we were in the room, we walked up to the window to get further instructions, and were told that we had to go down to the Queens Office on the 4th floor *groan*. For those curious, there are public washrooms immediately outside the waiting area on the 4th floor. I gave my interview notice to another person behind a window, who called my name and gave me a deli-style ticket number about five minutes later. Every time she called a name, people would jump up with all their stuff in hand, but this is only you getting into the interview queue. The waiting room can get a bit noisy (there’s a TV and phones are allowed) so make sure to listen carefully. The actual officer conducting the interview comes out from the back office with your interview notice and will call your name (and possibly ticket number) when it’s your turn. It was already 9:15 by this point, but the room was packed so we figured we’d be in for a wait. We ended up waiting over two hours, and watched numerous couples/families that came in after us get called into their interviews first. About 30 minutes in, I asked about the delay (having noticed numbers after mine being called) and the woman said that the order of the numbers doesn’t really matter. After another hour passed, my husband went up to ask and the woman said she’d “speak to somebody.” Almost another hour passed before we checked again, and they reassured us that we were coming up. Finally, around 11:30am, we got called into the back offices by Officer Hernandez (OH). I guess the squeaky wheel does get the grease! Still don’t know if our notice got shuffled to the bottom of a pile or what, but it didn’t hurt to ask to ensure we didn’t get forgotten. Interview Once we got to his office and before we even sat down, OH had us raise our right hands and take the oath, then asked us to provide government-issued IDs. I provided my EAD/AP combo card and Canadian passport, while my husband provided his driver’s license (OH ended up wanting a photocopy of the DL and my combo card -- at the end of the interview, I gave him a photocopy of my card that I had brought, but we didn’t have one for the DL, so he needed to make one himself). Next, he took a new photo and my left and right index fingerprints on a digital pad. He also apologized for the long wait! OH explained that he would go through my forms and confirm some information, then ask us some questions about our lives. He would specifically direct questions to either one of us, and asked that we not try to jump in and answer each others’ questions. He went straight into the first section of the I-485, confirming my name, maiden name, DOB, address, previous address, job, my husband’s job, where my parents live, last entry, etc. and checked things off as he went. He asked about when I went to school in the US (which was actually just a 1-credit college course I took as part of a J1 internship program with no home residency requirement) and I explained this to him. Once that was done, OH sat back a bit and starting directing personal questions to us. He didn’t mind if one of us added information to the story after the person he asked was finished talking. I think they want to avoid one spouse jumping in to answer a question clearly addressed to the other. This is generally what I remember us being asked: -How did we meet? -Where did we first meet in person? What did we do on that first date? -How long was it between us first connecting online and meeting in person? -When did that meeting happen? -How did he feel upon first meeting me? -When did we see each other again? -When did we move in together? Why? -What were my feelings about his place when I moved in? -What sorts of changes did we make to the apartment after I moved in? -What is life like together at home? -Who proposed to whom? -When/where/how did he propose? -Why did he feel this was the time to propose? What made him sure he wanted to get married? -Why did I say yes? -When/where was the wedding? -How many people attended the wedding? Were they family, friends or both? -Who was the best man? Maid of honor? -Did we go on a honeymoon? Where? What did we do? He clearly wanted to get us talking about our relationship. He didn’t probe much for extra details, though we did add them when relevant (and tried our best not to babble!). A couple times, he would reiterate things we said or confirm timelines. I don’t know if he was trying to trip us up because a few times he would say, “So, you knew each other approximately X years before the wedding” when it was actually less time. In these instances, we confirmed the correct timelines, even if it was approximate. This was all fairly conversational...we joked around a few times, and OH did smile and laugh a bit. After that conversation wrapped up, OH asked what I had brought to the interview. First, I gave him my sealed medical exam, which hadn’t been submitted with my original petition. At no point did he explicitly ask for it, so if you’re bringing it to the interview, don’t forget to hand it over! I had also completed a new affidavit of support with evidence since we had filed a joint tax return since AOS. He did not take the actual completed forms, but kept all the evidence (copies of husband’s W2s + 1099s, 2 months worth of pay stubs, tax transcript, letter from employer, etc.) He asked for originals of the W2s, which was pretty much the only thing I DIDN’T bring, but he said it wasn’t a big deal. I saw so many questions on here as to whether you need to bring an updated affidavit to the interview -- I imagine if it had been a more significant change like a job move, it would have been necessary, but clearly, as long as you can prove the income you have and it’s not changing anytime soon or dipping below the required threshold, you should be fine. Below is the new bona fide marriage evidence we provided. I had all of this listed in order on a “table of contents” on top of the package, and plopped the whole thing down on the desk when OH asked for it. I also had a separate section of my folder with all the originals of everything listed. OH flipped through all of it and asked questions as necessary, then added it to my file. -Copies of our last wills and testaments (OH asked to see originals) -Copies of Power of Attorney forms (OH asked to see originals) -Copies of Health Care Proxy forms (OH asked to see originals) -Updated statements from husband’s bank account (from AOS filing until most recent available) highlighting monthly transactions from me to husband’s checking for rent/expenses and both names on joint savings account -Copy of 2018 IRS tax transcript for joint return and photocopy of the return check with both our names -Copy of page from husband’s retirement account correspondence listing me as his trusted contact -Copy of my proof of coverage statements from husband’s health and dental insurance -Copy of letter from benefits department at husband’s job, confirming my insurance coverage -Copy of our medical and dental insurance cards listing both our names (OH asked us to show our physical cards, which we had in our wallets) -Copy of my insurance claim summary showing husband as plan enrollee and me as patient -10 new photos (from AOS filing until today) of us with friends/family, with captions (OH asked me to identify each individual in a group photo of our families together, commented on a few photos and confirmed where they were taken/what the event was) -Copy of Airbnb reservation/trip itinerary made by me for a recent trip with his family -Copy of Airbnb reservation/trip itinerary made by my mom listing us as guests for Memorial Day trip I also took out originals of birth certificates, marriage certificate, etc. from the original petition in case he needed them, but he said he didn’t. These were listed on the interview notice, so definitely still bring them just in case! Better to be over-prepared, in my opinion. Below is what we originally submitted as bona fide marriage evidence for the I-130 back in December. I had just about all the originals of these in my folder, but he didn’t refer to any of it except the driver’s license. -Copy of reciprocal will/health care proxy/power of attorney application through husband’s job (showing husband naming me as intended beneficiary/executor and vice versa) -Copy of paperwork to add husband to my 401(k) account -Copy of letter confirming my married name change on 401(k) account -Statements from joint savings account (six months worth, highlighting both names on account) -Screenshots of payments made from me to my husband via our banking app over the last 2 years -Copy of change of address forms from USCIS/DMV/IRS from when I moved in with my husband -Copies of our NYS driver’s licenses with the same address -21 photos of us together and with friends/family (covered early relationship, wedding, right up until we filed) Given that I’ve been living and working in the States for a few years, we certainly had the advantage of lots of evidence/financial commingling on our side that many couples who are newly arrived won’t have. But it was clear to me that it’s the quality of evidence, not quantity that counts. As long as the evidence really shows that your lives are intertwined (or working towards that), and your stories match the evidence, you should be fine. After going through the new evidence, OH went through the I-485 inadmissibility questions one by one, checking them off as he went. He told us then that he had no further questions for us, and that our case would be put into review, and printed a letter/receipt for me stating this. OH explained that they have an obligation to provide a verdict within 120 days, and that we could inquire with USCIS after 90 days. He asked if we had any upcoming travel, and I mentioned that we were planning to travel to Canada over Memorial Day weekend (three days later). He asked if my EAD/AP was a combo card, and then confirmed that I was able to travel and return on AP while awaiting a decision. He had us follow him to the copy machine where he photocopied my husband’s driver’s license and asked us if we had plans for the rest of the day (mostly because we’d been waiting there so long!). Luckily, my husband took the whole day off and my boss let me take a half day. Once he finished making the copy, OH walked us out of the office area and out into the hallway. All in all, I was pleasantly surprised by the whole interview experience. Officer Hernandez was very friendly, but was still professional and explained every step of the process as we went through it. To be honest, I wasn’t expecting so many casual questions about our relationship, but it’s clear that this is where real couples can shine...when they can recollect moments they've shared, can easily talk about life together/at home, etc. After the Interview After reading so many stories of instant/on-the-spot approvals, I was a bit dejected at not getting confirmation right away, so it was nice to see that other filers on here were put into review as well to know I wasn’t alone! Don’t know if the long weekend had anything to do with the slower approvals or if a week delay is pretty standard. Today, on 5/29/19, I got the “New card in production” update on my case tracker for the I-485, 8 days after our interview and 177 days from the date my AOS package was accepted. Card should be in the mail soon and I’ll update my timeline once it’s in hand!! My TN work status only came up when he asked if I was still with the same employer at the beginning of the interview, which I am. At the end of the interview, OH didn’t take my paper TN I-94 out of my passport, despite it being essentially invalidated by my EAD. I did travel back to Canada over the Memorial Day weekend, but didn’t think to surrender my I-94 to the Canadian official when I crossed (as it tells you to on the back of the paper), which I worried was a big no-no. But it all turned out okay: when I crossed back into the US on AP, I got sent into secondary, waited about 20 minutes, then had a CBP officer return my passport with a new, single-entry I-94 stamped for Advance Parole (he also stamped my actual passport). I was fingerprinted, had my photo taken, and we were on our way. Hope this is helpful to someone out there! VJ has been an amazing source for me throughout this process...not just for information/questions, but for solidarity with others also in the trenches and reassurance that we're all in it together. Now off to start assembling my massive ROC evidence list for my next go-around with USCIS in 2 years minus 90 days
  12. Hi All, My husband came here on a K-1 visa in April 2017. We filed for his adjustment of status in December 2017. My questions are: 1) He had a medical examination in Feb 2017 in his home country. Does that expire after so long? I am asking because in the letter giving us our interview date it says to make sure he has the i-693 completed. 2) I speak Spanish... do I count as the interpreter for my husband or do I need to hire a Spanish speaking interpreter for my husband's interview. 3) We rent from my mom but don't have that written down legally... Therefore we don't have anything jointly besides a savings account. Is this going to be a problem? We do have a son together but no like bills or anything. 4) Can someone (the more people the better) who has been approved send me a copy of their interview checklist? Also I don't know how to change it but I am not at the California Service Center... I am at the Seattle one. Idk if that makes a difference for the answers.. Thank you!!
  13. Hi! So big news - my fiance and I will be making our marriage official next week! We'll be working on getting the paperwork done on his week off But one thing we're not sure on is how long we have to file for adjustment of status. At the end of June we're moving to another state and I'm not sure whether we need to file for it IMMEDIATELY or if we have some time. When I had my interview at the Consulate, I asked what to do with addresses and explained the situation, and the interviewer said that when we settle into the new state to file for it there. I did get a pamphlet with the package I gave away at the port of entry, but it doesn't say how much time we exactly have. If anyone can give me some pointers, I'd appreciate it!
  14. I had my interview 2 weeks ago and the interview went good. The officer was cracking jokes with me and my husband and he gave me a letter and ticked off the part that says, "Your application is being recommended for approval..." He then told me I should get an approval notice and card in mail within 30 days and on the front of the paper he wrote in red ink, "CR6" and at the back he wrote, "Apply for i751 90 days before second anniversary". I know 30 days isn't up yet but I'm worried that I haven't received the official approval yet. When I called USCIS last week and spoke with a level 2 officer he said my case hasn't been approved and the officer has 120 days to do so? Why would the officer said he's approving me when he didn't? Also, this morning I awoke and checked my cases in .gov but my i485 application was removed from the website. When I tried to add the receipt number back to the 'my cases' list, an error message came up saying that the receipt number doesn't exist. Anyone had any similar experiences? Please shed some light on what is going on here.
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