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RICHUNCLEPENNYBAGS
Dec 21, 2010
Are the processing times they list on their Web site generally accurate? I'm getting anxious waiting to hear anything about the K1 visa I petitioned for.

e: Also I mean, as far as I understand it it's pretty rare to get rejected for a fiance visa... right?

RICHUNCLEPENNYBAGS fucked around with this message at 22:10 on Aug 26, 2012

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RICHUNCLEPENNYBAGS
Dec 21, 2010

The Dagda posted:


As far as I know (again, I'm not a lawyer) it is indeed pretty rare to get rejected for a fiance visa. Where are you or your fiance coming from?

She's from S. Korea which I don't think is a particularly high-fraud country.

RICHUNCLEPENNYBAGS
Dec 21, 2010
Hey! So I got an NOA2 and my petition for a K-1 visa's been approved. So now I guess I need to get some documents together and my fiancée needs to interview with the embassy.

At any rate, it's my understanding that I need an I-134 form for her. Well, question 11 says: "I [intend/do not intend] to make specific contributions on behalf of the person mentioned in item 3. (If you check "intend," indicate the exact nature and duration of the contributions. For example, if you intend to furnish room and board, state for how long and, if money, state amount in U.S. dollars and whether it is to be given in a lump sum, weekly, or monthly, and for how long)"

How am I supposed to answer that, exactly? I mean, there isn't really a specific amount, it's pretty much whatever she needs I'm going to be paying for...

RICHUNCLEPENNYBAGS fucked around with this message at 02:46 on Oct 25, 2012

RICHUNCLEPENNYBAGS
Dec 21, 2010
My wife came here on a K-1 visa and now we're married and we've applied for a permanent residency. She had her biometrics appointment and all that and she just got her work permit today. Does that indicate anything at all on the status of permanent residency or am I still just totally in the dark?

RICHUNCLEPENNYBAGS
Dec 21, 2010
It's frustrating how opaque and open-ended the whole process is. But, on the other hand, it's a lot easier when you're at least in the same country.

RICHUNCLEPENNYBAGS
Dec 21, 2010

Ashcans posted:

Yea, it's very frustrating, and you basically just don't hear anything until surprise, you're approved! How long has her case been pending now? There are certain things you can do if it is has been pending for way too long, although it takes a while to work up the tree and actually get a result.

Not long enough for that, I'm guessing; we got married in March.

RICHUNCLEPENNYBAGS
Dec 21, 2010
Can someone refresh my memory? If my wife and I move, we both need to submit forms (her as a K1 immigrant and me as her financial sponsor), right? What are the forms again?

RICHUNCLEPENNYBAGS
Dec 21, 2010

Ashcans posted:

There are a couple of things that need to be done:

1) Your wife needs to update her address with USCIS (AR-11)
2) You need to amend the address relating to any pending petition.

You can file the AR-11 online and update the case address at the same time, so do that. Otherwise (if you mail the AR-11) you will need to call USCIS and update the petition address anyway. Easier to jut do it online.

3) If you filed the I-864 for your wife, then yes, you should technically file an I-865 to inform USCIS of your change in address. You would need to do this by mail.

Here we go. Thanks, this is what I needed.

RICHUNCLEPENNYBAGS
Dec 21, 2010
I have a vague recollection that my wife said the officer who did her biometrics told her she might have some problems down the road, having taken my last name, because her Korean passport obviously has her maiden name. Is this a real problem? What do people usually do? I understand it's not customary for Koreans to change their last names on marriage (plus if it's anything like Japan it's a hassle when you start talking about foreign names) so I don't know if they have a procedure in place over there or what.

RICHUNCLEPENNYBAGS
Dec 21, 2010
Great answers from both of you... thanks very much.

Sheep posted:

If it's anything like Japan, you just go down to city hall and they have a stamp specifically for name changes. My wife's passport is still in her maiden name but page 5 lists an amendment showing her new married surname and where her family registry originally was (for whatever reason). It was free and only took two hours to process.
I had the impression that you weren't allowed to have a name that was not written with a combination of the Zyôyô Kanzi and Zinmeiyô Kanzi.

RICHUNCLEPENNYBAGS fucked around with this message at 12:25 on Jul 27, 2013

RICHUNCLEPENNYBAGS
Dec 21, 2010

Sheep posted:

Names using katakana are allowed - notably lots of older women have first names involving katakana + ko, such as my old landlord, Mutsuko. Apparently it was a pretty popular thing a couple of generations ago. Anyways I'm fairly sure exceptions would be allowed for those married to non-citizens even were that not the case - I think the restrictions on having to use jimei kanji and all that was a more pre-WW2 thing, and the whole concept of jinmei kanji just sticks around due to inertia and tradition or whatever.

Edit: you most definitely do not have to use joyo kanji for names, as a fair number of names use archaic kanji that are no longer joyo. For example, 福圓.

I don't want to derail the thread anymore than this one comment, but yes, of course, it's not only Zyôyô; the others are in the Zinmeiyô Kanzi. I think, also, that people add kanzi to their names when taking citizenship; I assumed that was required.

RICHUNCLEPENNYBAGS fucked around with this message at 12:30 on Jul 27, 2013

RICHUNCLEPENNYBAGS
Dec 21, 2010
My wife finally got her green card and everything a couple months ago (she came here on a K-1 visa and then we married and applied for adjustment).

I want to make sure I get what's next: as I understand it, for 3 years her permanent residency is conditional on our remaining married, and then after that she has to reapply for unconditional permanent residency and maybe we'd have an interview (which we didn't this round). Right?

What about if she decided she wanted to apply for US citizenship?

Also, with a green card, do we have to worry about special restrictions/re-entry issues whatever if we travel abroad? I'm not thinking of like, six months at a time or anything -- more like a typical ~2-week vacation.

RICHUNCLEPENNYBAGS
Dec 21, 2010

computer parts posted:

Out of curiosity, how long did this whole process take? Me and my girlfriend are hopefully planning on doing this in a year or two.

It took about a year from us sending in the application to her getting a visa. Once she was here it obviously wasn't as hard to wait but it was another 6 months or so until she got a green card. She got work authorization a bit earlier than that, though.

squeee posted:

It's 2 years till she applies to remove the conditions on her greencard. 3 months before her card is due to expire you'll have to begin the process of renewal. You'll submit anything that is proof that your marriage is a legitimate one, so basically anything with both your names on it. My husband and I didn't have a lot of these things because we are both students living with my mom-in-law and it's currently providing us with some issues with my renewal because we just don't have enough documentation. Things like life insurance, bills, bank accounts, leases, insurance, tax returns, w-4 form, are all things the government is looking for when you renew. You'll also want to make sure you are taking loads of pictures of yourselves doing things and being with other people. You most likely won't need an interview if you provide enough evidence when you submit.

She can apply for residency after 3 years (it maybe a different months, but I think it's around 3 years) on the condition that she stays married to you during it. Without that condition it's after 5 years of being a resident of the US before she can apply to change citizenship.

On a greencard you can only leave the country for 2 months at a time. There are special cases and visas you can get to extend that time, but I don't know much about them. I am also not sure about travel restrictions to other countries, but I travelled to and from my home country with ease on my greencard.
Well shared ownership, leases, and so on shouldn't be an issue.

Sorry to ask a stupid question but do you need to apply for any sort of documents before you leave the country for up to two months?

RICHUNCLEPENNYBAGS fucked around with this message at 05:38 on Apr 16, 2014

RICHUNCLEPENNYBAGS
Dec 21, 2010
Well... I was thinking more along the lines of visiting my wife's family for a couple weeks off from work or something like that so I guess there's nothing to worry about.

RICHUNCLEPENNYBAGS
Dec 21, 2010

Mister Adequate posted:

I do online freelance writing and similar stuff, and it'd be very handy if I could still do said work in the US while my status is being adjusted from fiancee visa. Does that sort of thing get treated the same way? I'd assume the answer is a pretty categorical yes because, as you say, they don't gently caress around with it. But given that it has no geographical component and I can do it from any device that can get online, and it's literally the exact same work for the exact same sites, I'm hoping there might be an exception.

You can apply for a work authorization independent of your green card and may get it sooner; my wife did.

RICHUNCLEPENNYBAGS
Dec 21, 2010
My wife has her maiden name on her passport but her married name on her green card. Is this a problem for travel in and out of the country?

RICHUNCLEPENNYBAGS
Dec 21, 2010

Ashcans posted:

There is surprisingly little buzz on this at the moment, meaning that I don't really know any more than what is showing up in the news. From the breadth of the processes that it's affecting, it seems like something really fundamental has hosed up.

From what I know about the process, I don't actually think that this will stop the NVC doing their job - they should still be able to do their document review and so on to get your application ready. But it probably means that they aren't going to be able to easily pass your application on to the State Department when they are done, if there is a huge backlog of people waiting for visa and passports. So what is likely is that the NVC will chug along fine, but if this isn't completely resolved when they're done, you'll be waiting for an appointment for much longer than expected.

I imagine they are trying to get this fixed ASAP because not being able to renew passports or issue visa to anyone is a total nightmare. I feel bad for any students who are training to make it in for the end of August.

No kidding. What a loving disaster. I've hardly heard about this on the news for whatever reason.

RICHUNCLEPENNYBAGS
Dec 21, 2010

Sharks Below posted:

Ashcans at what point do you think we should start getting worried about this? They've banked the check but no email (that's how we nominated to be sent our NOA1 but I don't know if they also post it in addition) yet and they received our application on the 14th. Wait a bit longer you think before panicking?

If they hadn't received your application they would not have cashed the check, right?

RICHUNCLEPENNYBAGS
Dec 21, 2010
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.

My wife was approved for the initial permanent residency without any interview so I'm a little bit less paranoid about the process than I was the first go-round when I did send like a gazillion pictures.

RICHUNCLEPENNYBAGS
Dec 21, 2010

Ashcans posted:

As long as you are both filing/signing the I-751, it isn't usually too bad to deal with. What gets big flags for scrutiny is when only the beneficiary signs it, the marriage has been dissolved, or you are not cohabiting. Then they want to ask a lot of questions. If you are still together and have kept/continued to do things together, you can probably submit the above and be fine. If you have a lease, shared accounts, and some evidence of shared address (copies of your licenses, some of your mail, whatever) and photos I wouldn't expect you to have any problems.

Or get knocked up. Throw an ultrasound/birth certificate in there and no one is going to look twice. :v:

I read an article in the NY Times about this process before and during the interview the guy offered the fact that his wife was pregnant as proof of their marriage's being genuine and the guy shot back at him "Is it yours?" But, uh, seems like the process varies quite a bit in scrutiny depending on where your spouse comes from.

RICHUNCLEPENNYBAGS
Dec 21, 2010
Uh, why don't you just play it by ear? She's not asking you to marry her now, so if you want to see her see her and then decide if she's after your visa or just would like to see you. If you don't want to see her, then don't.

RICHUNCLEPENNYBAGS
Dec 21, 2010
When we moved I thought I'd sent in the change of address form but maybe not because I got mail that had been redirected from the USCIS and they helpfully included the form. Can I just send that in and otherwise move on with my life? I'm not sure there's much else I could do but just in case.

RICHUNCLEPENNYBAGS
Dec 21, 2010

Ashcans posted:

You can fill out the change of address online if you want to, and just keep the confirmation that it gives you. Or mail it in, that's fine too, the online thing seems to work more effectively though.

If you are concerned that you didn't do it in a timely manner or something, don't worry about it. I don't think I have ever even heard of someone getting in trouble for not filing the AR-11 timely, unless maybe they are already in trouble for a bunch of other stuff and someone decides to throw it on the heap. I am forever hounding people about it and no one ever seems to get anything for it.

Yeah, I was a little concerned since you're supposed to do it in 90 days of moving or whatever. Thanks for the reassurance.

Now I get to go through the excitement of putting together proof of a bona fide marriage to get my wife's non-conditional green card.

RICHUNCLEPENNYBAGS
Dec 21, 2010
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?"

RICHUNCLEPENNYBAGS
Dec 21, 2010

Powerlurker posted:

What are you talking about? I don't see that language anywhere on the I-751 or the published instructions thereof.

It's in the letter they sent us telling us to get started on an I-751.

RICHUNCLEPENNYBAGS
Dec 21, 2010

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'.

Things that you can use:
- Pictures of you together (taken since the initial application)
- Affidavits from your family (yes, it can be your parents, although non-family is also good.) I am not aware of people providing these ever being contacted and interviewed for the application - at most, they may ask you to interview you and your spouse and just disregard the affidavits if they don't find them convincing.
- Any financial/life documentation that shows your connection; house title is good, car title/loan is good, also look at stuff like your insurance policies, health coverage, who is the beneficiary on your 401k/etc if you die. If you do not have a shared bank account, go ahead and get one.
- If you are short on the above, you can even use stuff like copies of emails, facebook pages, phone/text logs to show that you are in contact all the time.
- Have a baby (don't have a baby)

Is there a rule of thumb for when you can say "OK, I've got enough stuff here?"

RICHUNCLEPENNYBAGS
Dec 21, 2010
They waived our interview the first time around so I'm guessing nothing too suspicious. Thanks for your help.

RICHUNCLEPENNYBAGS
Dec 21, 2010
Speaking of leases: Is my renter's insurance thing OK? Or maybe just the pages of the lease that have our names on it? I don't really want to send my entire 40-page lease if I don't need to.

RICHUNCLEPENNYBAGS
Dec 21, 2010

Pig Head posted:

[long post]

I'm not an expert on this, obviously (here I am asking questions), but I'd think you'd be better off working something out between your family members than trying to get him deported.

RICHUNCLEPENNYBAGS
Dec 21, 2010

Pig Head posted:

My boyfriend doesn't want his brother to be homeless and knows if he goes back to Bosnia he will be able to be taken care of better their parents. The brother hasn't worked since 1999, can't support himself, etc. I guess it is pretty ridiculous to want to get him deported but my boyfriend has been taking care of him for so long and he's at his wit's end. Thanks to this thread, we will nix the attorney route and just discuss options with the probation officer and the boyfriend's family.

I gotta say that I'm not sure how much help the probation officer is going to be either. If you want his family to take care of him then you're going to have to get them involved at some point; why not now instead of somehow forcing him to leave the country and then asking them to pick it up? Even if that worked it seems like it'd introduce bad feeling on all sides.

RICHUNCLEPENNYBAGS
Dec 21, 2010

PRADA SLUT posted:

You just enter figures. I guess I'm wondering what level of specificity the figures need to be, my (potential) sponsor qualifies easily but would rather keep certain financial records as private as possible.

If you (or your sponsor) can prove you have enough money to meet whatever requirements yuo don't have to go overboard with every single asset you own, I don't think.

RICHUNCLEPENNYBAGS
Dec 21, 2010

Hyperlynx posted:

Why the hell does the US make travellers go through immigration and customs when they're not going to the US but are just transiting to another country? I don't know any other cuntry that does that. Waste of everyone's time.

Well, as a security precaution. You're right that it's extremely rare and the US probably loses tons of money every year thanks to people avoiding trips by way of the US because of it.

RICHUNCLEPENNYBAGS
Dec 21, 2010

Ashcans posted:

Where did you file? The standard target processing for a I-751 is 6 months, but some of the service centers are taking longer than that - Vermont is only processing applications filed in March, for example, so you could be looking for a long wait. You can check the current processing times here

So what's the deal in the meantime? Like, my wife's green card is presumably going to expire before she gets the new one, right?

RICHUNCLEPENNYBAGS
Dec 21, 2010

Ashcans posted:

The I-751 receipt provides a one-year extension of your residence, so you are basically supposed to carry that and your expired card to show that you actually still have valid residence. It usually isn't a problem, although it is possible you will run into people who don't have much familiarity with immigration documents and have to be hand-held through the situation to understand that you are not actually expired. In the event that the I-751 is taking a really long time to process and you are actually approaching the end of the one-year extension provided by the receipt, I would recommend 1) making an Infopass appointment with the local office to try and shake stuff loose and 2) contacting your representatives office for assistance with the case.

What's the typical turnaround time on the receipts? According to my tracking they just got the forms.

RICHUNCLEPENNYBAGS
Dec 21, 2010

Ashcans posted:

It depends a little on where you file. We usually get receipts from Vermont in about a week, California is usually slightly longer (like 10 days). The dropboxes are the worst (Texas and Nebraska) it's regularly a 2-3 week wait to get receipts from them.

If you have delivery confirmation then you can be pretty sure everything is fine while you're waiting for the receipt, but if you are nervous you can see if you can pull a copy of the filing fee check from your bank - when its deposited they actually stamp the receipt number on the back, so you can use that to check the status and follow up if you need to.

Oh, good idea. They have those on my bank's Web site.

Thanks; this thread has been a great resource through the several years I've been involved in this process.

RICHUNCLEPENNYBAGS
Dec 21, 2010

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.

RICHUNCLEPENNYBAGS
Dec 21, 2010
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.

RICHUNCLEPENNYBAGS
Dec 21, 2010
I helped my wife apply for an adjustment from the restricted green card to the full one and we got a letter a while ago explaining that her residency was extended for a year past the expiration date, etc. What happens if they're not done processing it by then? Is that something that's likely to happen?

RICHUNCLEPENNYBAGS
Dec 21, 2010
For Christ's sakes. I got a notice saying my evidence did not constitute sufficient proof of a good-faith marriage. I sent them statements for the only two bank accounts either of us have, a gas bill and renter's insurance policy for our apartment, photos, and affidavits but apparently this does not establish that we've co-mingled our assets.

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RICHUNCLEPENNYBAGS
Dec 21, 2010
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?

We have a bunch of credit cards where she or I is an authorized user but I don't know where that is even reflected.

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