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Ashcans posted:You are going to need to wait until she has her work authorization - SSA won't issue someone a number unless they are able to work, basically. That's not true. They will issue a Social Security card with "NOT VALID FOR EMPLOYMENT" or something along those lines written on it. It's a good idea to get one before the EAD comes, it just makes things a whole lot easier. See: Step-by-Step Guide to getting a Social Security Number (SSN) Note you can do this before the wedding, but you have to do it at least a couple weeks before the I-94 expires, or they won't let you. This was a mistake I made, and we then had to wait until the EAD came, and it was a hassle.
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Jan 19, 2016 20:50
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Huh, you're right, it looks like the SSA updated that sometime last year? K-1s aren't eligible to work without receiving the EAD, and SSA has generally required people to obtain the work authorization before they issue an SSN to theoretically work-eligible immigrants, like L-2s and E-3 dependents. Thanks for correcting me!
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Jan 19, 2016 21:07
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Ashcans posted:You are going to need to wait until she has her work authorization - SSA won't issue someone a number unless they are able to work, basically. Are you sure? I would swear my wife got a card with a big notice underneath saying "NOT VALID FOR WORK AUTHORIZATION" when she first came. e: Never mind, this has already been addressed.
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Jan 20, 2016 21:55
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Oh 221g processing,where art thou?
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Jan 28, 2016 16:25
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Finally! CEAC shows Visa Issued! 
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Feb 2, 2016 03:28
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Congratulations! Welcome to America, you are just in time before President Trump seals the borders.
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Feb 2, 2016 03:30
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If a citizen of a Visa Waiver Program-eligible country (Sweden) is married to a US citizen residing abroad, are they at risk for being denied visa-free entry to the United States upon entry? Will they be seen as coming to the United States with an undeclared intention to immigrate/overstay/work? The person in question has the money/time* to apply for a visitor visa (B-2) as an insurance policy, since the trip she's going on is pretty expensive for her. One concern is that she doesn't have fixed employment, major assets or real estate to back her up. I've found a number of people posting about this problem for spouses from countries outside the VWP, but not so much about those covered by it. * I shouldn't speak too soon, what with all the Iranian-Swedes who are forced to get visas to go to Tehrangeles this summer. :-/
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Feb 2, 2016 07:50
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The assumption for anyone applying to enter the US is that you intend to stay, and it is your burden to overcome that presumption. Having a US citizen spouse is not helping, but the fact they are living abroad improves the situation. Basically, you will need to show enough connection to Sweden that it does not seem reasonable you are planning to break the conditions of your waiver. So you need to look at your life and say - what is keeping me in Sweden? How can I document that? Things like employment, property, etc. are preferred, but you can also show enrollment in schools, connections to family, and so on. You will also need to tackle the spouse issue head-on, and show their connection to Sweden as well. Do they have a job? Property? A car? Relatives? You need to document this. Lastly, you should be able to demonstrate what your trip is for and have a very clear itinerary. If you can say 'I am going here, here, and here, for these things, and then I am coming home, btw it is my mother's birthday right after this trip' it is a lot more convincing than if you have vague plans and no set timetable. Applying for the B-2 in advance is not a bad idea, but you should understand that receiving the visa does not guarantee entry - the border officer can reject you despite your visa if they feel you are not intending to adhere to the conditions of the visa. Obviously if you convince the consulate you will have a decent argument to make to the border, but you should know it is not guaranteed. That is a lot of words to say: Yes, and Yes, and you will need to work to overcome those risks.
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Feb 2, 2016 16:38
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Got my police certificate back today after a bunch of runaround I got sent on by the RCMP. I think I might have a problem though, I provided forms of ID with both my married and maiden name on them and was under the impression both were getting checked (this is via an RCMP approved security company so I didn't get to see or fill out the forms myself). The certificate I got back only has my married name on it, though. Am I going to have to go back and pay for one that explicitly states my maiden name was also searched or is this one acceptable? I didn't think to ask until after I'd already left and they were closed by the time I got home today. I'm gonna spend the weekend kicking myself for wasting more time/money I think 
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Feb 12, 2016 20:18
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Is there a maximum time the USCIS can sit on an N400 (application for naturalization) without saying yes or no to the applicant?
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Feb 12, 2016 20:26
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AzureSkye posted:Got my police certificate back today after a bunch of runaround I got sent on by the RCMP. Hi Jinx posted:Is there a maximum time the USCIS can sit on an N400 (application for naturalization) without saying yes or no to the applicant? If your case is before the processing time listed, you can follow up with it either by contacting the customer service center, or making an Infopass appointment at your local field office. You can also use the 'e-request' on the USCIS website to register that it is outside normal processing times. This often shakes things loose. If you do this and don't get any results, consider contacting your representative or senator - they have specific contacts for assistance with federal agencies, including USCIS. This is often useful for getting notice on a case where this is no real issue and its just idling, because a poke from a senator will get actual eyes on it. If you aren't a pain, its possible for a case to slide behind someone's desk and sit there for ages before anyone does anything on their own.
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Feb 12, 2016 20:52
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Ashcans posted:I don't know very much about Canadian police certificates, so I am afraid that I can't provide much help here. Does the certificate say anything about aliases or prior names, even if your maiden name isn't specifically listed? "No record found: based solely on the name(s) and date of birth provided, a search of the National Criminal Records repository maintained by the RCMP did not identify any records for a person with the name(s) and date of birth of the applicant."
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Feb 12, 2016 21:19
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Thanks, great advice so far!Ashcans posted:There is not a stuatory processing time for N-400s, so not really. What you can do is go here and confirm what the current processing time is for your field office. You might discover that your case is taken a long time but it is still within the current processing times - in this case, the issue is just USCIS manpower, not your case. For instance, N-400s are processing as of July 2015 here. I've done that already. It's 6 months, and 8 have passed. Ashcans posted:If your case is before the processing time listed, you can follow up with it either by contacting the customer service center, or making an Infopass appointment at your local field office. You can also use the 'e-request' on the USCIS website to register that it is outside normal processing times. This often shakes things loose. If you do this and don't get any results, consider contacting your representative or senator - they have specific contacts for assistance with federal agencies, including USCIS. This is often useful for getting notice on a case where this is no real issue and its just idling, because a poke from a senator will get actual eyes on it. I've called customer service, they made an inquiry, and after 5 days I got a letter saying that they need more time for background checks. I assume this is boilerplate for "wait patiently." Ashcans posted:If you aren't a pain, its possible for a case to slide behind someone's desk and sit there for ages before anyone does anything on their own. Would you recommend hiring an attorney to make an inquiry on my behalf? It's not expensive, but then again, it doesn't seem they'll be able to do much that I couldn't. Other than being a bit of a pain, which is best done indirectly.
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Feb 13, 2016 04:59
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Hi Jinx posted:I've called customer service, they made an inquiry, and after 5 days I got a letter saying that they need more time for background checks. I assume this is boilerplate for "wait patiently." Usually the notice will say how long you need to wait to reach out again. If it doesn't say, then usually you can enter another request in 30 days. quote:Would you recommend hiring an attorney to make an inquiry on my behalf? It's not expensive, but then again, it doesn't seem they'll be able to do much that I couldn't. Other than being a bit of a pain, which is best done indirectly. If I were you I would give it one more service request and then try for a senate/rep assistance.
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Feb 14, 2016 02:20
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Thanks man, this is very helpful. The notice doesn't say anything about how long they think it might take, or when I should contact them again. I guess I'll give them a bit more time so the 30 days pass, and then make another contact. Thanks again, you're awesome.
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Feb 14, 2016 18:17
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Has anyone heard of USCIS requiring 300% income above the poverty line for the Adjustment of Status? My spouse went in to have them check our papers and they said I needed to show triple the poverty level ($60k) income but didn't say why. My understanding is that it's 125%. It's just the two of us, no dependents, people living with us, etc, and only I'm working.
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Mar 24, 2016 19:42
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It's not clear to me who 'them' was checking your papers, but it sounds like they are confused. You can check the income requirements on the USCIS website right here, and it's 125% of the HHS poverty level.
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Mar 24, 2016 19:47
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Ashcans posted:It's not clear to me who 'them' was checking your papers, but it sounds like they are confused. You can check the income requirements on the USCIS website right here, and it's 125% of the HHS poverty level. That's what I though, I even read it through. It was a local USCIS field office, but I don't know the title of the person who was in charge. My spouse went in, not me. They were having USCIS make sure our papers were in order before filing. Are there some arbitrary unwritten rules on the whim of the person reviewing the case or something? The concern is that what if we file and someone gets it and decides they want 300% of the poverty line? Is that a thing that happens?
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Mar 24, 2016 19:55
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No, there's no discretion in that the officer can't say 'Oh well you seem like you would need more money than this, show you have have more'. The whole purpose behind the support is that the US doesn't want immigrants to become a public charge, i.e. to draw on our robust social safety net. If your spouse is pulling 125% of the poverty, you are going to be excluded from the programs it is intended to protect anyway, and if you break up or something the affidavit allows them to come after the sponsor for the money. So there is no real rationale to someone requiring a higher level. An officer could decide that you haven't documented that income properly, and ask that you show it, but I have never seen that happen in a situation where someone has supplied their tax return and current employment. The most common reason for an RFE on a marriage petition is proof of a legitimate relationship, which is where the officer has the most discretion. The standard is very vague in order to accommodate all manner of people, but that also means that you can get officers who push back on a relationship because they think it was too quick to be legitimate, or they feel that the couple is 'mismatched' in some way, like age or wealth, that makes them suspicious.
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Mar 24, 2016 20:21
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PRADA SLUT posted:Has anyone heard of USCIS requiring 300% income above the poverty line for the Adjustment of Status? This becomes more diplomacy than law. As you already knew, and ashcans reaffirmed, you need 125%, not 300%, of the federal poverty income for your I-864. USCIS adjudicators often get it wrong on matters of law. When this happens, your trick is to correct them without pwning them. Cite INA sec. 213A, and the most recent federal poverty guidelines for a family of two, while being gentle about it.
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Mar 24, 2016 20:40
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PRADA SLUT posted:That's what I though, I even read it through. I have a question about the 125% poverty line guide. The size of household ... That specifically means people you are obligated to support like family... Not something like you live with a bunch of roommates and you want to bring your foreign fiancée down and the agency includes your roommates. flocons de mais fucked around with this message at 15:16 on Mar 26, 2016 |
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Mar 26, 2016 15:13
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Not technically an immigration question, but I'll try anyway... My husband has a green card that expired in January. We applied for a renewal back in November, and got a letter that his permanent residency was extended for a year, but he doesn’t actually have a new green card yet (and judging by the processing times online, it will probably be at least another 6 months). Is the green card + letter good enough as ID for TSA to board a non-international flight? His passport is expired, too (he’s been trying to renew it for almost a year, but that’s another story), and he doesn’t have any state ID. He’s going to go to the DMV next week to try to get one, but I’m worried he’s going to have trouble there, too. The notary at the UPS Store refused to accept the card + letter as valid ID, though I'm hoping the TSA/DMV are a little better trained.
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Mar 26, 2016 17:02
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flocons de mais posted:I have a question about the 125% poverty line guide. The size of household ... That specifically means people you are obligated to support like family... Not something like you live with a bunch of roommates and you want to bring your foreign fiancée down and the agency includes your roommates. It means your family and other dependents. It is pretty comparable to the 'household' for taxes. If you care for your aging grandmother, you include her. If you have kids you pay child support for, that gets factored in. People who happen to live in your building that you don't pay money to keep alive do not count. So you can roomshare or whatever and it doesn't hurt your petition in that sense. Florida Betty posted:Not technically an immigration question, but I'll try anyway... The DMV should probably issue him an ID, although it may only be valid until the end of the extension accorded by his receipt. That might vary by state, though, as DMV is a state thing. It's worth noting that you do not necessarily need an ID to travel domestically, the TSA does make allowances, but it requires that you complete a bunch of additional paperwork and you will probably be subject to the most thorough screening. Check it out.
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Mar 27, 2016 02:10
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PRADA SLUT posted:Has anyone heard of USCIS requiring 300% income above the poverty line for the Adjustment of Status? The officer might have mixed up the normal income requirements with the asset requirements. You can establish that you qualify to sponsor an intending immigrant if you earn an income at or above 125% of the poverty guideline for your household or if you have substantial assets. For immediate relatives this is 3x the poverty guideline for your household or 5x for everyone else. That would mean you have 60k in a savings account or you have 60k of property you can easily sell.
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Mar 27, 2016 06:07
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Ashcans posted:The DMV should probably issue him an ID, although it may only be valid until the end of the extension accorded by his receipt. That might vary by state, though, as DMV is a state thing. It's worth noting that you do not necessarily need an ID to travel domestically, the TSA does make allowances, but it requires that you complete a bunch of additional paperwork and you will probably be subject to the most thorough screening. Check it out. Update: My husband was able to get an ID from the DMV without much fuss, though it does expire when the green card extension does. But that's ok. In other news, his own embassy is still refusing to renew his passport until he applies for and gets a birth certificate. He has a birth certificate, but they insist it has to be a different kind of birth certificate. They won't let him apply for this birth certificate until he renews his national ID. They won't let him renew his national ID because his passport is expired, so they claim he has no proof of identity (a US green card, state ID, expired passport or national ID doesn't count). It doesn't make any sense at all, but multiple in person visits and telephone calls have failed to make any progress and apparently he's not the only one who's having this trouble. I sometimes get annoyed with the slow speed of the immigration process in the US, but geez, at least it makes a little bit of sense and it's possible to get through it eventually.
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Apr 22, 2016 18:56
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Sounds like it's time to apply for Naturalization!  While not entirely joking, if the consulate is giving him this much trouble has he considered applying directly for his birth certificate from his home country? If he has family or friends in the country they may be able to apply for a copy on his behalf, and otherwise he might be able to do it by mail through someone (ie, get the forms sent to him, fill them out, send them to his friend to mail in to the center, that person mails the certificate back). USCIS has its problems, but it also has avenues for you to escalate and appeal issues. Consulates are basically the 'buck stops here' without much ability to move up. That's true for the US ones too, if a consular officer bounces you you can't do much besides go back and hope you fixed the issue (or that he has had a better day).
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Apr 22, 2016 19:21
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Ashcans posted:Sounds like it's time to apply for Naturalization! He has a friend who works for the local government there who said there's absolutely no way someone else can get it for him. We're considering sending his brother some money to bribe someone, maybe going to the consulate in New York to see if they'll be more reasonable, even though if you live near DC you're supposed to deal with the DC consulate. Or yeah, naturalization, though that still won't allow him to go back home because US citizens need a visa. Funny enough, the embassy was very efficient at processing my visa. Worst case scenario I guess he can go to a neighboring country and try to cross the border by land. But I'm just amazed how much trouble it is just to renew a passport.
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Apr 22, 2016 20:53
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My wife finally got her green card after a long 8-month wait. Huzzah!
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Apr 23, 2016 01:10
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I know someone (a relative) who fell in love with someone who was subsequently deported back to Mexico. She is of caucasian american extraction (just in case it matters) and had no ties to Mexico, but she followed him down to Tijuana and has been living there with him for some years. I think they are married now, but they were not when he got deported. Shortly after she got there her purse was stolen and she lost all of her documents. The subsequently had a son who is now 5 and never filed a consular report of birth due to something about having to come up with a bribe or fee (not real clear on this part) in order to get a birth certificate. I know that the final answer will be "hire an immigration attorney." I have a couple of questions in the interim though, and I think I need some advice before starting down that road. 1) How hard will it be to get her son established with citizenship, given that she is a US citizen but it is now 5 years after the fact? 2) Given how hard it sound like things are down in Mexico, I think that they may want to return to the US. Given her husband's prior deportation, and assuming no criminal record, would it ever be possible to get him a green card or any other legal status? (I am guess ing maybe this is a lawyer question unless the answer is "LOL, no way.") 3) How many years would this be likely to take if she started now? 4) What questions should I be asking her, and what questions should I be asking prospective immigration attorneys? 5) Are there any organizations or websites I should be checking out? I get the sense that they are economically disadvantaged (he make 12 dollars a day). Finding a qualified sponsor in the states is probably not an issue though).
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Apr 24, 2016 22:04
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I'd think it'd be pretty straightforward with the kid but getting a visa for the husband will probably take the better part of a year. Actually I don't know how it goes when he's previously been deported; that's just under normal circumstances.
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Apr 25, 2016 00:25
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therobit posted:I know someone (a relative) who fell in love with someone who was subsequently deported back to Mexico. She is of caucasian american extraction (just in case it matters) and had no ties to Mexico, but she followed him down to Tijuana and has been living there with him for some years. I think they are married now, but they were not when he got deported. Shortly after she got there her purse was stolen and she lost all of her documents. The subsequently had a son who is now 5 and never filed a consular report of birth due to something about having to come up with a bribe or fee (not real clear on this part) in order to get a birth certificate. She doesn't need to "establish" citizenship for her son. Her son is a US citizen by virtue of his birth to her (presuming she meets the requirements for transmitting citizenship to her son), she just needs to obtain documentation attesting to that fact. As for getting her husband a green card the answer could be anywhere from a few year to never depending on the specific circumstances of the deportation.
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Apr 25, 2016 03:14
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People have covered your answers pretty well here. She is a USC and her child is by birth - all she needs to do is sort out the documentation. She needs her passport, and then she needs sufficient documentation for her kid to get his passport, at which point they can both return the US at will. By the way, this is the sort of thing that a US consulate provides advice on through it 'citizen services', so she should be able to contact them and at least find out what the fees/costs and process is. If she doesn't have a certificate I hope she at least kept hospital records or something like that, it will make things easier. Only an attorney is going to be able to tell anyone what her husband's situation is. It depends on what his situation was prior to his removal (ie, how long he had been in the US out of status, and other factors in his deportation). Was he actually physically deported? Did he take voluntary departure? This is 100% an area where you need professional help to go through his history and work out his options. He may never be able to return to the US, but his options are much better with skilled representation. Websites are usually fine for your standard processes, but they are not going to help when someone has existing immigration violations in their history. No one is out there writing complex guides for previously deported applicants. In the US there are usually Legal Service organizations that provide some limited advice and referrals to attorneys, a number of church networks do this too in fact. I doubt they are equipped to advise someone outside the US but they might have a referral to an attorney that handles these things reasonably well on the cheap.
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Apr 25, 2016 14:34
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Thanks for the replies. I reckon that the first thing we need to find out is what the specific circumstances of his deportation are and then free nd an attorney if it sounds like there is a chance. My mom mentioned something about a 10 year exclusion that would be up in one year but I am going to push on the family to find a competent lawyer before they get their hopes up. As far as I can tell the child has no documents in Mexico or the states due to needing to come up with the money to get the birth records (I think my mom just sent them some money for this though).
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Apr 26, 2016 07:51
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Just wanted to let you all know that my friend who didn't have a birth certificate (due to a lack of government in her country at the time) got her green card! I think it was Ashcans who recommended that she provide all the paperwork she could in lieu of one--early school records, a statement from the local vital office saying birth certificates weren't issued at the time, etc.--and it worked! I remember someone here was in a similar position, I hope it worked out for them too.
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Apr 26, 2016 16:06
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I posted in here a reasonable time ago, and your advice was to go to a lawyer. So I did that. It's gone OKish. Some ups, some downs. But I definitely wouldn't have been able to get this far without them. So thanks for your advice on these things. I got my employment authorization card the other day. With the i-512 advance parole. I'm looking forward to finally being able to visit my family/friends in Canada (I've been stuck in the US for the last 6 months). But I have some questions and it's the weekend, and I am wanting to get this out of the way so I can go this week. (We're moving to Florida in 2 weeks). I'm not entirely sure how to use the travel document.... Do I just give it to the border guard when I come back in to the US? I asked my lawyer and read the letters, but the answers I got there were more related to air travel, not a drive-across crossing. The letters that came with it are very clear that it doesn't guarantee entry. I'm just going for a quick visit before I'm too far away. Do I just tell the border guards that? If I say I've married and moved to the US and have my green card application in, are they likely to hassle me in any way? Does it matter that I haven't received/applied for a SSN yet? I also have some questions about the interview. It's supposed to be our next step. Is it strictly to make sure we don't have a sham marriage? (Obviously, we don't have a sham.) Or will I have to answer questions like "Were you planning to get married when you came in to the US?" (We still have a wedding planned for October, but we had a courthouse wedding back in December so that I'd be able to start working and pay for it. We got married a little over a month after my entry. So we shouldn't have run in to the 30/60 day rule, according to our lawyer.) Also, does getting this work authorization mean that my application is in order, and provided the interview goes well, I'm good to go? Or is it automatically issued to any applicant, and they can/will still say "Fix this poo poo"?
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Apr 30, 2016 20:33
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I've been thinking about wanting to live and work in the USA for some time now, I'm from the UK and the USA just appeals to me greatly, I've visited there on vacations so I know it's a country I want to be a part of. Therefore I've been looking into the different work visas and as far as I can tell I do not think I have the required qualifications (bachelor degree, even though I have studied at a UK college) or work in a speciality occupation. I could work such as data entry, QA testing, tech support, etc (and in all honesty I'd do any job I could find), which I don't think the visas are looking for. I'd want to seek an employer beforehand to find a job offer in a job like one of those, assuming they'd be willing to hire someone from overseas. Even if I had a job offer from a company would that actually help at all or would my lack of qualifications/skilled status always count against me? I realise I've not gone into huge detail about myself but is there any way someone like me might be able to work & live in the USA?
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May 1, 2016 09:56
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From memory of talking to a guy in NYC who was from London, it cost his company in the region of $75k to get him over.
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May 1, 2016 18:48
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It might be easiest to study in the USA and get a student visa. Hope you have a lot of savings, it's expensive.
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May 2, 2016 00:55
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St_Ides posted:I'm not entirely sure how to use the travel document.... Do I just give it to the border guard when I come back in to the US? I asked my lawyer and read the letters, but the answers I got there were more related to air travel, not a drive-across crossing. The letters that came with it are very clear that it doesn't guarantee entry. I'm just going for a quick visit before I'm too far away. Do I just tell the border guards that? If I say I've married and moved to the US and have my green card application in, are they likely to hassle me in any way? Does it matter that I haven't received/applied for a SSN yet? quote:I also have some questions about the interview. It's supposed to be our next step. Is it strictly to make sure we don't have a sham marriage? (Obviously, we don't have a sham.) Or will I have to answer questions like "Were you planning to get married when you came in to the US?" (We still have a wedding planned for October, but we had a courthouse wedding back in December so that I'd be able to start working and pay for it. We got married a little over a month after my entry. So we shouldn't have run in to the 30/60 day rule, according to our lawyer.) quote:Also, does getting this work authorization mean that my application is in order, and provided the interview goes well, I'm good to go? Or is it automatically issued to any applicant, and they can/will still say "Fix this poo poo"? RoboJoe posted:I've been thinking about wanting to live and work in the USA for some time now, I'm from the UK and the USA just appeals to me greatly, I've visited there on vacations so I know it's a country I want to be a part of. - Save up enough money to come to the US as a student and study here, get a degree, work on student authorization, hope to get a sponsor. - Join a company in the UK that has a partner/affiliate/parent/subsidiary in the US, work there for a couple years, and try to get transferred over. - Look for short term exchange programs (J-1). There are programs that work this way if you are still in university or just left it, and a few that are just cultural exchange programs. Here are some options: http://j1visa.state.gov/programs/ These are not long-term options, but they allow you to come to the US and do some networking, maybe connect to an employer that wants you. One of the companies I work with had someone come over on summer for a J-1, really liked him, and when he went back they set him up with their UK affiliate and then transferred him over later. - Comedy option, come to the US on a vacation, woo Americans with your sexy accent, get hitched.
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May 2, 2016 01:55
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Thanks chaps, I always suspected it was a long shot that there might be some way, it's just disheartening to actually hear. Looks like getting into education here or over there would be the best way if I could get the money together.
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May 2, 2016 09:36
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