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Cuatal posted:Thanks for the answer. If there is nothing unusual about your application (e.g. your spouse doesn't have any criminal convictions, was never married before, and has never been deported from somewhere), you don't need to pay a lawyer $2,000 to fill out your forms for you. The paperwork isn't that complicated and your lawyer can't make anything go faster for you, but you do need to be able to read directions carefully and follow them. Check out VisaJourney at some point for stories of how inept lawyers manage to royally screw up otherwise simple family petitions by, for example, forgetting to file necessary forms, ignoring/not informing petitioners about Requests for Evidence (RFE's) until after the petition has already been rejected for failure to respond, etc. About the only people who really need a lawyer for the process are people/companies dealing with work visas or people who need to deal with an immigration situation that necessitates a waiver. As for your questions: 1. She doesn't have one yet, leave it blank. 2. If you read the instructions for the I-864 (seriously, read the whole instruction document for every form you fill out) it says "If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation." This will likely require you to look up what the filing requirements actually are so you can cite them in your application (you can find them here: http://www.irs.gov/publications/p554/ch01.html ). As for your current income, a letter from your employer helps. 3. Your household size is 2, your spouse and yourself. 4. Yes, leave it blank or write "n/a".
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Jan 19, 2014 01:38
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Cuatal posted:Yeah I've been using VisaJourney lately, thanks for all the help here too. What are you trying to translate? Since you appear to be dealing with China, my guess is it involves the notarial birth certificate or Chinese marriage certificate? If so, your local notarial office (公证处) should be able to handle that for you (for a fee).
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Jan 21, 2014 22:48
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Theparker posted:What are the benefits, and/or drawbacks of becoming a citizen, over being a permanent resident? Citizens are eligible for certain government jobs that permanent residents can't get, and are more likely to get security clearances. They can vote in elections. They also can't be deported for criminal convictions. They can get a US passport which may allow visa-free travel to more places than one's current passport. On the other hand, they can get called up for jury duty.
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Jan 22, 2014 05:11
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Cuatal posted:Immigration officer says we can translate stuff ourselves and nowhere in any of the directions states otherwise, I also have nobody that can translate stuff here. Her birth certificate comes with an English copy though, so it would only be our marriage licenses and her bank account statement that we'd be translating, off the top of my head. If there's a Chinatown or similar immigrant enclave near you, there will be a number of small businesses that specialize in immigration documentation that can translate for you for a fee.
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Jan 22, 2014 20:27
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Ashcans posted:That's a pretty broad question. Make sure you carry some cash - you can't pay the application fee by card (at least not everywhere). Make sure you have all your documentation in order, including a copy of your degree/license/etc. and a resume. I've heard horror stories from people who were brought here at a young age on their parents E-2 visas (because it's cheaper than an EB-5) and then graduate high school and find themselves unable to attend college in the US because they're technically international students or they age out at 21 and all of a sudden have no status at all in the US.
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Feb 1, 2014 05:54
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C-Euro posted:Since I see people talking about it in specifics, what's the general process for an American citizen like me to get married to a non-US citizen and have her live with me here in the States? My girlfriend is an international student from Thailand currently in grad school here, and with me locking down a stable job with good pay and her finishing her program by the end of the year, now seems as good a time as any to get ready for question-popping. In a perfect world I would be proposing on our anniversary this fall, but is there anything I can start reading or paperwork I can start working through in order to get a head start on that specific kind of immigration process? Since she's in the US currently, this is what you want to do: http://www.visajourney.com/content/i130guide2 It will probably cost you around $1700-1800 for everything (applications fees, lots of photocopies, and the medical exam) if you do the paperwork yourself. Once you start the process, she can't leave the US until it's over unless she applies for and receives advance parole. Depending on how your schedule goes and your mutual expectations, you may want to do a quick civil ceremony to let you get the application started and have a bigger ceremony at a later date if you want to get family and friends involved. Computer Parts: You will want either this guide: http://www.visajourney.com/content/k1guide or this guide http://www.visajourney.com/content/i130guide1 depending on if you are planning to marry inside or outside the US. The K-1 is if you want to bring her here and then get married here, the CR-1 is if you want to get married elsewhere and then bring her here. Powerlurker fucked around with this message at 04:35 on Feb 2, 2014 |
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Feb 2, 2014 04:33
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C-Euro posted:Cool, she's been here for several years now and is really meticulous about her paperwork so I will start looking into that. Do the ceremony here, get her green card and then do the ceremony over there. I wouldn't recommend making any plans for over there until you have either her green card or advance parole card in had. Apparently, Adjustment of Status cases are taking longer nowadays but when my wife and I went through this we didn't get her work authorization card until after her green card interview (when it didn't matter anymore).
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Feb 2, 2014 05:43
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Sheep posted:It's important to be clear - if you're eligible to apply for a K-3, you're eligible to apply for a CR-1 or IR-1 as well. The difference is "get in as fast as possible then file for AOS" (K-3) or "get everything sorted, then enter and be a permanent resident" (CR-1/IR-1). Two of the three available spouse visas automatically confer permanent residency upon entering the country, so my statement wasn't exactly incorrect or anything - as I said, I just should have written "immigrant" in front of "spouse visas". The K-1 visa, again, is technically not an immigrant visa (read the second sentence of the VJ FAQ on it, or the Wikipedia page, or the state.gov page on K-3 visas which is entitled "Nonimmigrant Visa for a Spouse (K-3)"), which is why it does not confer permanent residency. Well, also there's the whole thing that the government basically considers K-3 visas obsolete and just processes them as a CR-1/IR-1 application at this point.
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Feb 3, 2014 00:40
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Miranda posted:We just filed the I131 and I485. I'm a student graduating in May. Given the processing times, we don't have to worry about me getting kicked out right? Because we've already filed? Will I still get the temporary EAD within 30-45 days or whatever? I knew there was a backlog but my understanding was, even if I graduate, once I file they cannot make me leave. Please tell me I'm right! As long as you've filed the paperwork properly, you won't be kicked out (you DID file your I-130 with the I-485 didn't you? The I-131 is just for travel authorization while your application is pending). You will get the temporary EAD if you filed the I-765 with your other paperwork.
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Feb 3, 2014 16:38
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Baneling Butts posted:OK, so I submitted the I-130 petition for my husband, but I'm impatient and want him to be here sooner than 9+ months. I'm looking at the K-3 application (here: http://www.uscis.gov/i-129f) for spouses and it seems that all I need to submit is an I-129, a copy of the marriage certificate, and a copy of the I-797? That seems too good to be true, what am I missing? That USCIS is basically not issuing K-3 visas anymore and just processes them as IR-1/CR-1 visas. Plus if you were able to get him over here on a K-3, you then have the additional expense of filing for Adjustment of Status ($1070 plus expenses) that you don't have to deal with on a CR-1/IR-1.
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Feb 9, 2014 08:01
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Cuatal posted:So we submitted all the stuff a while ago and first we got an appointment for biometrics on the 14th of April, then about a week after that we got a Request for Initial Evidence (I-485) asking us to The Verification of Nonfiling letter doesn't prove that you weren't required to file an income tax return, it only proves that you didn't file one. You will also need to cite for them the specific grounds under which you weren't required to file a return (e.g. your income during the year was below the threshold for filing).
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Mar 31, 2014 16:45
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Cuatal posted:Yeah the form is the right date, same as the one I have filled out on my computer. My understanding is that you would have to use your own explanation. Are you sure you weren't required to file a tax return while you were living abroad? (check here to confirm: http://www.irs.gov/Individuals/Do-You-Need-to-File-a-Federal-Income-Tax-Return%3F-) If you made more then $10,000 last year or the equivalent thereof, you may have some back taxes to file.
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Mar 31, 2014 17:01
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Ashcans posted:I have read your post maybe four times and I am honestly not really sure how to begin to respond because I feel like I have to go back to the groundwork of immigration to even begin. Ugh, ok, short answer: EB-2 gets you a green card. An H-1B, by itself, never gets you to the green card stage. Also because H-1B workers are more tied to the employer. Companies don't want to go through the money and hassle of doing an EB-2 to have the employee they just sponsored jump ship after they get here.
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Apr 15, 2014 20:42
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Ashcans posted:So the only thing killing the DV lottery that I am aware of is the SKILL Act - I believe it's just another variation of the act that has been around for several years and fails to get off the ground. If that's not what you mean, I'd appreciate a link or something. It should be noted that many of the non-spouse family categories are heavily retrogressed especially from certain countries. Sibling visas are retrogressed back to 2001 unless you're from the Philippines or Mexico in which case you'll be waiting at least 18 years.
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May 4, 2014 04:54
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bokbok posted:Thanks for all the helpful info. I'm still waiting for him to send through his last tax return but I guess it will be on there since he's not doing the dodgy on his taxes. It's probably between 10-15,000 only though. Do they take that into consideration along with assets? I've heard stories of some amount of leniency with the I-134, but that still doesn't solve the problem that will arise when he has to file his I-864 when you apply for your green card (word is USCIS is MUCH stricter with that form).
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May 16, 2014 06:52
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You can try making an Infopass appointment and seeing if you can get your advance parole expedited. Some people get lucky, some people don't (e.g. "You say your mom isn't dead yet? Denied")
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Jul 15, 2014 23:35
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Clochette posted:He moved here in February 2013 and we got married in late April. He left in the middle of May. We filed the I-130 after that. You could have filed a concurrent I-130/I-485 and he could have stayed here while you went through the process.
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Aug 24, 2014 17:30
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Nuclear Tourist posted:Ok, so just last week I moved to the US on a K-1 visa (nonimmigrant fiancee), and from what I've gathered from skimming visajourney.com and other forums is that the order in which I should do stuff is now marriage -> adjustment of status to permanent resident -> work permit -> social security number. Does that sound about right? The adjustment of status gets you a green card which is what lets you work. That having been said, as part of your adjustment of status you can apply for employment authorization (EAD) for free which is usually approved before your green card. You can get your SSN as soon as you have your EAD. Remember that you need to be married before the end of your 90 days. edit: you can get your SSN immediately, but many people have trouble getting their paperwork in order in the necessary timeframe and if you wait until after your 90 days, you can't get your SSN until you get your EAD or green card.
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Oct 17, 2014 01:48
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Ashcans posted:Yes, you can file them together, that's fine. You can also file the I-130 first and the I-485 later - you just can't file the I-485 first. Since Ashcans already entered on a K-1 shouldn't the I-130 be unnecessary?
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Nov 19, 2014 01:44
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lol internet. posted:No birth certificate available for PR immigration application. They may also expect you to try to apply for an official birth certificate from your country of origin and provide documentation that you tried and failed.
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Jan 9, 2015 01:37
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flavor posted:It's the end result that counts most, and that seems to be going okay for you. The UK recently tightened up the financial requirements for UK citizens sponsoring a spouse. The requirements are only 18,600 pounds, but it's still more onerous than the US requirements of $19,912.
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Mar 29, 2015 22:11
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RICHUNCLEPENNYBAGS posted:I guess my wife and I need to apply for the removal of the conditional status of her permanent residency later this year. How crazy do you really have to go with all the evidence of marriage stuff? Is like, a shared bank account, a shared lease, and a couple photos enough? I don't imagine they want a huge scrapbook. You don't necessarily need tons of pictures (pictures are actually the least helpful form of evidence), but you do need documentation that spans as much of the time period of her residency as possibly. I got an RFE because I only submitted our most recent lease and a representative sample of joint bank statements (though some suspect that the Vermont Service Center like to send out spurious RFE's when their processing times start getting too high). I replied to the RFE with our leases from the past two years (including the one we submitted with the original I-485), every old joint insurance statement we could find, and a year and a half of monthly bank statements. My wife had her 10-year green card a month later. So, is your wife on your insurance (health, auto, or otherwise)? Include it. Include every lease you have both been on (the WHOLE thing). Include every bank statement or credit card statement that has both of your names on it. If you have utility bills in both names, include those. They want to see a complete story that spans about two years or so, not just a couple snapshots. TheImmigrant posted:I've sat in on quite a few I-130 interviews, and USCIS officers have always been quite mild. Standard questions about how many windows in the bedroom, bedsheets, shower door or curtain, but nothing too intimate. The obnoxious officers probably tone it down when there's an attorney present. If the story they see beforehand makes sense, it doesn't seem like they dig too deeply. The interview for my wife's green card consisted of them asking me a bit about my job, and what our first date was like. He then congratulated us on the quality of the application we put together (since we didn't have a lawyer present), and gave my wife her I-551 stamp. He never asked to see a single document besides my wife's passport to stamp it. That having been said, my wife was adjusting from an F-1 after having been here for a couple years and we had met in grad school. Our documentation supported that story and it made sense to the interviewer. On the other hand, I would suspect that someone who has overstayed for eight years and suddenly finds a US citizen spouse right before they get deported or the 70-year old guy with the 20-year old K-1 spouse who can't speak the same language would get a bit more scrutiny. Powerlurker fucked around with this message at 18:16 on Apr 26, 2015 |
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Apr 26, 2015 18:05
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My understanding is that the majority of h1-b visas end up going to dubiously credentialed "IT Consultants" working for the major outsourcing firms. I can't think of any legitimate reason that Tata, Wipro, Infosys, and Cognizant need half of the available visas annually.
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May 6, 2015 21:49
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mobby_6kl posted:Great, thanks guys. Well I mean not so great, but thanks anyway Are you Chilean or Singaporean? If not, then basically no (those countries each have a special allotment of H1-B visas through free trade agreements).
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May 7, 2015 13:49
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Does the current citizenship of the applicant (ie., me) make any difference to the process, whether L-1 or H1-b?
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I've seen the hassles that my non-IT STEM friends have had to deal with. I know two people, a Ph.D petroleum engineer and a Ph.D petroleum chemist who were "hired" by their respective employers' overseas branches because they figured it would be easier to do that and bring them back on an L1 after two years then to go through the H1-B process. Plenty of Ph. D scientists who cool their heels in a series of postdocs instead of getting real jobs because universities have no h1-b cap to the point where they end up with a publication record that lets them adjust as an EB-1. Meanwhile, the program is flooded with junior level code monkeys who make it so much harder for the real experts to get in.
Powerlurker fucked around with this message at 16:02 on May 7, 2015 |
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May 7, 2015 15:50
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St_Ides posted:Here's my original post: If you're adjusting status, you need to have advance parole before leaving the US (form I-131, it's free if filed along with your I-130 and I-485). If you leave the country without advance parole approved, your application will be deemed abandoned and you will have to start over. You do not have to be on a visa, but you do have to have been lawfully admitted to the US to adjust. My wife got her green card within three months of applying, but you should be planning to be inside the US for the majority of the time you are waiting as you will need to be fingerprinted at some point and you will need to be present for an interview and both of those notices come to your US address, by mail, 2-3 weeks before the actual appointment. They can theoretically be rescheduled, but you don't have much, if any, say as to when they are rescheduled for.
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May 26, 2015 03:05
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Ashcans posted:You case is on hold while the RFE is unanswered, so technically the 5 months doesn't continue to accrue while they were waiting for your response. Having said that, the 5 months doesn't start over and it's not exactly like they stop the clock and then restart it, having the RFE basically means that you've jumped off the standard processing. It could be approved shortly after the response, or two months later. You should probably follow up with them 30 days after the response was submitted ans if it isn't approved they should give you a timeline. Regarding processing times and RFEs, there are rumors that certain service centers (*cough*Vermont*cough*) like to send out dubiously justified RFE's when their processing times start getting too long so they can pause the clock and still officially stay within their targets.
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May 27, 2015 01:55
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Sharks Below posted:I thought Texas was the worst for that? All I know is that in recent months with I-751 applications, Vermont was spewing out RFE's while California was just cranking through applications (per VisaJourney observations). I've never had reason to deal with Texas.
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May 27, 2015 03:00
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HisMajestyBOB posted:My wife arrived in the US on a K-1 visa and we got married. We're working on the adjustment of status forms now, and it asks for the fiancee petition approval notice. Unfortunately, it was included in a folder with all the other forms and proof of support - when my fiancee had her interview, she handed those over and they never returned them. Why does the AOS need the original petition? She had the interview, got the visa, arrived on the visa, and has an I-94 - isn't that good enough? gently caress. Does she even have an alien number at this point? My wife didn't have one when we did her AOS and it wasn't a problem.
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May 29, 2015 03:40
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If we submit the forms without it, is it going to be rejected?
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PRADA SLUT posted:Is there a place with a concise, step-by-step detailing of what the requirements / paperwork / fees / etc are for a K-1 visa? Read the instructions for the I-129F (seriously, read every single page of it and pay careful attention), there's a lot of stuff it tells you to submit with it (documentation proving eligibility to marry, documentation proving that you, the petitioner, are a US citizen, documentation to comply with IMBRA if it's relevant to your situation, etc.)
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May 30, 2015 22:12
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TheImmigrant posted:First, keep in mind that if current patterns hold, you'll have a one in three chance for an H-1B filed on your behalf next April 1. The number of visas available doesn't come close to meeting the number of approvable petitions. Second, like H-1Bs, you don't file EB-2 petitions; your employer does. If you get an H-1B, you'll have six years on that. Academica isn't subject to H1-B caps. That having been said, I've seen plenty of postdocs with a publication record like that get in through EB-1. He certainly seems to have enough to make a credible case that he meets the requirements for an EB-1 under the "Outstanding Professors or Researchers" criteria, specifically: 1. "Evidence of original scientific or scholarly research contributions in the field" and 2. "Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field", he also may be able to make a case that he has "Evidence of receipt of major prizes or awards for outstanding achievement ".
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Jun 10, 2015 22:56
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Pleads posted:So while my stupid work situation figures itself out, I will be travelling from Canada to the US for at least the month of July. If you're a Canadian citizen, you should be getting 180 days, not 90.
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Jun 22, 2015 04:09
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Chunjee posted:Any idea how long it takes to process an I-751? I put this off way too long. We sent in my wife's at the beginning of last August, she got her permanent green card at the beginning of March (including one somewhat spurious RFE). According to the VisaJourney numbers, most of the August applicants who went through the California Service Center were done by the end of November/beginning of December while those who went through Vermont were done end of February/beginning of March. So 3-7 months depending on where it goes? Keep in mind, when you file the paperwork, they send you a letter extending your status for another year while they process the forms so you don't need to freak out about waiting until the last minute.
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Jul 20, 2015 02:04
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Cuatal posted:Thanks for the fast responses. I guess we're just going to extend her green card for now then, which looks a lot easier than applying for it for the first time. I'm assuming by this that your wife has her conditional (2-year) green card? If so, she still needs to undergo removal of conditions before naturalizing (there are occasionally circumstances where a spouse may find themselves filing both applications simultaneously), see http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter5.html
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Sep 29, 2015 04:21
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Cuatal posted:Oh wow, didn't know about this, thanks. So would we file this along with the I-90 and send it all in one envelope or do the I-90 online and mail the I-751? From what I could find it looks like the I-751 can only be done three months out from the green card expiring but the lady who did our interview and I think I saw it somewhere on the USCIS website recommended that we submit the I-90 six months from the green card's expiration date. Can we submit the I-90 and the I-751 together six months before the expiration date or is that three month period set in stone? If your wife has her 2-year green card, the only thing you file is the I-751 (and all the other paperwork that entails). The I-751 may not be filed more than 90 days before the expiration of the conditional green card. When it's processed and approved (normally it takes about six months or so), your wife will get a 10-year green card that can be renewed through the I-90 (if she chooses to keep her green card instead of naturalizing). When USCIS receives the I-751, your wife will get a letter from them which extends her green card for 1-year while they process it. At no point do you need to do anything with an I-90.
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Sep 30, 2015 01:13
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RICHUNCLEPENNYBAGS posted:So I'm working on my wife's I-751 and I have a stupid question, but what exactly constitutes "verification that [tax returns] were submitted to the tax jurisdiction?" What are you talking about? I don't see that language anywhere on the I-751 or the published instructions thereof.
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Oct 3, 2015 05:49
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Ashcans posted:You can't reuse stuff from the original application. The whole point is that you are trying to show that the relationship is real and remains real, not just resubmitting all the stuff that passed initial muster. I would actually say that resubmitting stuff is worse than submitting less, because it's basically saying 'I have done nothing to demonstrate this relationship in two years, please don't notice that'. There's a nontrivial chance that they'll be asked to submit all that stuff over again. We got an RFE for my wife's I-751 that basically asked us to submit stuff we already sent in for the initial AOS (they said the apartment lease we sent in didn't count because it was too recent, the bank statements didn't cover a long enough period of time, etc.)
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Oct 7, 2015 00:16
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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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RICHUNCLEPENNYBAGS posted:Well, I printed out renter's insurance policies for the entire time we've been living together, tax returns for the last two years, a P&S agreement on a home we're buying, and teh full three-year history of our checking account (their complaint was specifically that the statement I sent them didn't show "sufficient evidence of transactional activity through the duration of your marriage"). I feel like this is probably enough... right? Do you have an actual lease with both of your names on it? That's probably what they're fishing for.
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Nov 13, 2016 23:12
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Ashcans posted:Short answer: Yes. To add to this. If you entered under a status and it lapsed (overstayed a tourist visa, etc.) you can adjust status through marriage to a US citizen. If you "entered without inspection" (e.g. your parents swam across the Rio Grande with you) not even marriage to a US citizen will allow you to adjust as you never had any status to adjust from in the first place.
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Nov 20, 2016 03:28
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