VJ Immigration Information: Request for Help from Community

[Hank_ 9,174]

http://www.visajourney.com/content/compare

Is the K-3 ever processed without being converted to a CR-1 along the way? In the notes THIS should be mentioned about the K-3.

[Hank_ 9,174]

http://www.visajourney.com/content/k1k3aos

Assembling the I-485 Package: Checklist
Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.):

1. Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees. Be sure to include the payment for both the I-485 and the biometrics fee*.
>> The fee for I-485 applications includes the cost of the I-131 and I-765 (no need to pay for them if filed with or while your I-485 application is pending adjudication). 2. Cover Page. This should include the applicants contact information, a description of the benefit being filed for ("Immediate Relative (Spouse) Family Based Adjustment of Status Application") and a table of contents listing the major items in the packet. If you need additional room to explain your case, attach a separate sheet and list the attachment on the cover sheet. Make sure to sign and date the cover sheet. 3. Form I-485: Petition for Alien Relative 4. Copy of the non US Citizen Spouses Passport (biographical page as well as entry stamps). 4a. Copy of the non US Citizen Spouses K-1 or K-3 Visa from Passport 5. K-1 Visa Holders: Submit Copy of NOA2 "Approval" for I-129F **
K-3 Visa Holders: Submit Copy of NOA2 "Approval" for I-130 6.

Copy of the non US Citizen Spouses valid I-94 (front and back copies)

ADDING INFORMATION FOR RETRIEVING FROM THE CBP WEBSITE WOULD BE HELPFUL (EVEN THOUGH THEY SHOULD HAVE THIS BY NOW)

7. A copy of the intending immigrant's birth certificate along with English translation. (If in any language other than English) 8. A copy of your marriage certificate. Note: While a regular copy is allowed, submitting a certified copy is preferred as some members have received an RFE asking for this (so if one is available use that instead). 9. G-325A filled out, signed and dated. 10. Two passport-type photos (see specification) of the Non US Citizen Spouse. Write the full name and A# on the back using a soft felt tipped pen or pencil. Place in a plastic bag and label the bag "Photo of <Insert Name>". Attach the bag to a sheet of paper and place behind the G-325a. 11.

I-693, Medical Examination of Aliens Seeking Adjustment of Status.I-693, Medical Examination of Aliens Seeking Adjustment of Status. If you are a K-1, K-2, K-3 or K-4 visa holder the I-693 instructions state that you are not required to have another medical examination as long as your Form I-485 is filed within one year of your overseas medical examination. If you are missing any shots from your overseas medical a I-693 vaccination transcription is required to be completed by seeing a Civil Surgeon to have certain portions of the I-693 completed and have the Civil Surgeon certify the form (sealing the original in an envelope and giving you a copy).

(REGARDING THE K-1) ACCORDING TO THE I-485 INSTRUCTIONS THE DS-3025 SHOULD BE ADEQUATE, BUT IT SEEMS ADJUDICATORS AT USCIS DON'T KNOW THE RULES.

12. I-864, Affidavit of Support (see poverty limits here)
>> Include any additional required supporting documentation 13. I-765, Application for Employment Authorization, if you want to work while your application is processed (optional)
>> Include any additional required supporting documentation or photos as well as payment as noted here. 14 I-131, Application for Travel Document, if you need to travel outside the United States while your application is processed (optional)
>> Include any additional required supporting documentation or photos as well as payment as noted here. * Fingerprint fee not needed for applicants under 14
** Should this document be misplaced/lost/never received you can file an I-824 to receive a duplicate copy via mail.

Edited November 14, 2013 by Hank_

[Hank_ 9,174]

http://www.visajourney.com/content/k1tips

K-1 Fiance Visa: Tips on Forms and Documents

The following items may make your life easier and help you get a little sleep at night :-)


Per the I-129F instructions (Part 5 B):

THERE IS NOT A PART 5 B IN THE CURRENT I-129F. PART 4 (SIGNATURE OF PETITIONER) ACTUALLY HAS THE INTENT TO MARRY STATEMENT IN IT FOR THE PETITIONER. ADJUDICATORS THAT DON'T KNOW THE NEW I-129F FORM/REQUIREMENTS WILL STILL BE LOOKING FOR TWO LETTERS OF INTENT, BUT IN REALITY ONLY ONE FROM THE FIANCE(E) SHOULD BE NEEDED.

"Provide original statements from you and your fiancé(e) whom you plan to marry within 90 days of his or her admission, and copies of any evidence you wish to submit to establish your mutual intent;" THIS STATEMENT DOES NOT EXIST ON THE I-129F FORM.

NOW IN THE INSTRUCTIONS FOR THE I-129F, UNDER THE "WHO MAY FILE FORM I-129F?" IT DOES MENTION IN 1(a) INTENT TO MARRY WITHIN 90 DAYS.

Make sure to provide these letters (example "Letter of Intent to Marry"), having each letter signed by the author in ink (we recommend each person sign their letter in ink to indicate original authorship of the letter) . The foreign fiance(e) should begin to write this when the US Citizen petitioner is first starting work on the I-129F since it will likely take them a few days to do this and even longer to mail the completed and signed letter to the US petitioner (international mail can be slow if sent at the standard speed).

After filing your I-129F begin to consider items required for the I-134 (needed once your petition reaches the embassy). Contact your financial institution(s) and request information on their procedures to provide the financial documentation required by the I-134. You may be surprised that gathering the required documentation from them is not simply an office visit and may require several weeks for them to mail you the requested forms (Bank of America has been known to mail these documents to you after you visit a local office in person to request them -- and pay). Planning ahead will reduce the chance of an unexpected delay later in the process.

REQUIRED ITEMS WITH THE I-134: MAIN "REQUIRED ITEMS" ARE A COPY OF THE MOST RECENT TAX RETURN & W-2. BANK STATEMENTS AND PAY STUBS ARE "MAY" INCLUDE AND ONLY NEEDED IF THE PETITIONER'S INCOME DOES NOT MEET OR EXCEED THE I-864P POVERTY GUIDELINES THUS REQUIRING ADDITIONAL ASSETS.

When you complete the I-134 consider making two official copies (both signed). You will be sending one of these to your fiance(e) (via mail likely) and in the unlikely event you need it, you will have a backup in case the original is lost. As long as the cost is minimal this is a good safety net to potentially save time.

Be sure that you have the original documents for any item that you submit as a photocopy in your original petition. The original documents may be requested (even though they allow you to initially submit a copy) by the USCIS and even embassy as part of the adjudication process.

Along with the biographical information form, you will need passport-type (see specification) photos of both you and your fiance(e). Write the full name of the corresponding person on the back of the photo in a permanent soft tipped marker. Place the photos in corresponding plastic bags and label the bag "Photo of (insert name) ". Attach the bag to a sheet of paper and place behind the corresponding G-325a.

When collecting information that "documents proof of having met your fiance(e) within two years" consider information that "factually" places the two of you together first. This means items such as dated photographs, airlines tickets/stubs (proving you boarded) to their country (or for them to the US and your home city), etc.. You should also consider submitting information that validates your relationship which will help the adjudcator understand the scope of your relationship and acts as secondary evidence (photos together, dated emails -edit out personal items first-, etc..).

Edited November 14, 2013 by Hank_

[NavarreMan 10]

I am long past using this website but was asked for my critique. I really have nothing to say other than thanks to the guides, forms and some expert advice Tanya and I made it through with few problems and she became a US citizen in 2012. I would have liked to continue to track her son's progress in a side-by-side timeline as he just passed his N-400 interview and it would have been nice to have his timeline as well. No crisis, just something to file away in his records. We met a few good friends along our long path and turned a blind eye to the ever increasing drama in the forums. I can say without any reservations that this website provided us with the tools necessary to complete the visa journey without the need of outside or costly help.

Thanks again to VJ and all the good advice we received along the way.

[raven52 233]

Captain Ewok,

I find zero problems with the web site, it is the "class" of the immigration sites in the world!

The Raven

[cbott 0]

I've only used the Guides and just wanted to chime in to say that I find them extremely useful. I don't have any ideas for improvement. Great job and thanks for providing the useful resource. It would have been a lot more difficult to apply for a visa without expert help without this site.

[sara..... 371]

I have been a member a long time.... i used this site for information on K-1 after filing......... K-1(failed) not the fault of anything on VJ i think if i had found VJ before filing it might have turned out differently .......soon i will start a CR-1 I can honestly say that this site has just about anything you would need for a normal process of any listed visa.......somethings out of the ordinary can be found by asking other members many times you will be given a good lead as to who to call or talk to ........i really have never seen anything that is needed other than maybe a example of affidavits or time line

that might even be there i haven't check yet

this is the best and most informative immigration site that i have ran across on the net

sara

[Harpa Timsah 13,258]

Completely agree with this. Also, the VJ Guide to Removal of Conditions (http://www.visajourney.com/content/751guide) incorrectly states:

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You will NOT be sent any reminder to file this petition from USCIS. Per the USCIS,

"At the time you obtain conditional resident status through admission to the United States with an immigrant visa or through adjustment of status, the USCIS will notify you of the conditional basis of your status, the requirements for removal of the conditions and what will happen if you fail to file a petition to remove the conditions.

The USCIS does not send a second reminder to conditional residents to petition for removal of conditions. During the 90 days before the second anniversary of the date you obtained conditional resident status you and your spouse (if still married) must file to remove the condition."

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This appears to have changed!! I got a letter from USCIS, "Notice of Requirement To File Joint Petition To Remove The Conditional Basis Of An Alien's Permanent Resident Status", saying...

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"The records of this Service indicate that you entered the United States as a conditional permanent resident on 10/06/2011. In accordance with Section 216 of the Immigration and Nationality Act you must file Form I-751, Petition to Remove Conditions on Residence. Failure to do so may result in the automatic termination of your Status. You can obtain Form I-751, as well as filing information and fees, from www.uscis.gov or call 1-800-375-5283."

I have read the law on this which states something like "USCIS may send a reminder, but they are not required to. Filing is mandatory, reminder or not."

I agree that the wording should be changed, but we shouldn't say everyone will get a reminder, because not all do. Furthermore, the change of address isn't updated so any reminder letter that is sent goes to the address on record for the AOS/address for CR/IR-1. A lot of people panic that their change of address didn't take when they get the reminder letter to the old address.

I would change it to say that a reminder letter may or may not be sent, and if it is sent, it will be sent to the address of AOS/CR/IR-1. It is nothing to panic about, either way.

Edited November 14, 2013 by Harpa Timsah

[Jannette 1]

Just one thing that could be added to the Guides. Really important to get an International Drivers License it helps with getting a local one in the US. Every state is different but many now require this to begin with. Also you need to get a copy of your Driving record, some ask for it others might not but its easier to get it before you go!!

Cheers

[lvriesling 11]

Harpa Timsah, I never suggested that we say "everyone will get a reminder" - I'm pointing out that to say "You will NOT be sent a second reminder" (the current language) is completely incorrect. Your proposed language ("a reminder letter may or may not be sent") is still too conservative, because current practice is apparently to send everyone a reminder.

The language should be more along the lines of "A reminder letter will probably be sent, but such letters have certainly been known to get lost in the mail. Because the consequence of not acting at exactly the right time - regardless of the reason - is that you will be deported (kicked out of the United States), you should never bet your immigration status on the timely arrival of that reminder letter. Mark your calendar and very carefully track the 90-day Removal of Conditions window yourself!"

Edited November 15, 2013 by lvriesling

[KayDeeCee 4,893]

I do not believe current practice is to send everyone a letter. We never received a reminder letter about ROC and have never changed addresses. We have received each and every other correspondence from the USCIS and DoS, so I do not believe it was a matter of ours being lost in the mail. We received a paper about ROC at the time of my husband's AOS interview/approval. That was our notice,

If it was current practice to send out one to everyone, then it would be stated in the INA: Section 216, but instead it states that they shall attempt to send a notice, but their failure to send one does not affect the requirement for you to file when you are supposed to. http://www.uscis.gov/sites/default/files/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-4223.html

There are problems with the system. So much so that back in Feb., the Ombudsman issued recommendations for fixing things that would make the process of ROC better for everyone. "Individuals filing Form I-751, Petition to Remove Conditions on Residence, often encounter difficulty due to lack of notice and inconsistent adjudications." > http://www.dhs.gov/sites/default/files/publications/cisomb-conditional-residence-recommendation-final-02282013_1.pdf

'You may or may not be sent a reminder notice to file the I-751 for Removal of Conditions. You are responsible for keeping track and filing within the 90 days prior to the expiration date on your permanent residence card.' sounds right on the money and how it actually is.

[valb47 1]

My comments on the Timeline (based on an IR-5 visa):

I have had to do a lot of googling to find out what the Packet 3 and Packet 4 are. They don't seem to being used any longer by the US government and could perhaps be changed to what they are

Packet 3 - instructions for the immigration visa

Packet 4 - Appointment notification and information

Great website and very useful.

Thanks

[lvriesling 11]

"they shall attempt to send a notice" means that it is "current practice to send out one to everyone". Their "attempt to provide notice" consists of sending a first class letter to the last known address. A green card holder may or may not receive the notice, but a notice will certainly be sent. Quoting the Ombudsman's document you cited, "The Adjudicator's Field Manual (AFM) at Chapter 25.1(b) requires USCIS to attempt to notify a conditional permanent resident a second time regarding the need to timely file Form I-751."

I've received plenty of letters mailed to my neighbors rather than to me, so don't be so sure your notice wasn't lost in the mail. My neighbors would often lose mail if I didn't kindly hand-deliver their mail after it wrongly lands in my mailbox...

Edited November 15, 2013 by lvriesling

[lvriesling 11]

See also footnote 12 attached to that quoted sentence from page 3 of the Ombudsman's document, which says "AFM Chapter 25.1(b). USCIS affirmed that the agency 'must notify the CPR a second time of the requirement to petition to have the conditions removed at or about the beginning of the 90-day period before the second anniversary of his or her CPR status... [uSCIS] mails the notification, which the Marriage Fraud Amendment System (MFAS) produces automatically, to the CPR's last known address.' Information provided to the Ombudsman's office by USCIS (April 25, 2012). In this regard, USCIS as a matter of policy imposes a higher standard of notification than the regulation."

[TimandAna 37]

A few ideas.... I'm always traveling or working so I'm a heavy mobile user so some things I always miss..

#1. Make the mobile version more user friendly by letting you skip to the last page of a topic in a forum (138 pages clicking next sucks!)

#2. Have locked topic links at the top of each forum so easy questions can be answered. Some forums has got them and some don't.

#3. Be able to edit profile from the mobile version.

This is just a few things that always frustrates me when trying to do something from my phone..