Married on a Tourist Visa

[geowrian 22,337]

15 minutes ago, bradoony said:

Awesome thanks, So is there an updated / recent I-864 example form for me to correct myself on things?

Not that I know of off-hand...whatever's in the guide is what's there.

But if you specific questions, feel free to ask.

[Rocio0010 5,579]

Hi there! I see that you're completing the I-864 form now and just wanted to give you a piece of advice. Though it is optional, it is usually recommended to include an employment letter and 6 months of pay stubs to further prove that the sponsor meets the poverty guidelines. Also, make sure that you send the tax RETURN transcript... Hubby and I sent the tax ACCOUNT transcript and -although it actually shows more information than the return, we got a RFE. 

Does your wife have her birth certificate with her? Also check the requirements for it. USCIS can be very picky with it and I have seen tooooons of RFEs about them. Not the end of the world, but can significantly delay the process.

Also, use the guides here. There are also some very easy-to- follow YouTube videos that you can use as a guide. Good luck!!!!

[Moya2020 5]

14 hours ago, Lucky Cat said:

Not true......Please point me to any cases where this was considered fraud..........It is perfectly legal to adjust status after entering the US via a tourist visa when there was no intent to do so when first entering........

 

I have seen only one case in which AOS was denied....but that involved a specific charge of misrepresentation for a statement made to CBP during a secondary interview at the border. 

There are many, many, many people who successfully adjust status after entering on a tourist visa after their plans changed........

Am adjustment my status here in the USA and am on a visitor visa that is expired 4 years now.

[Crazy Cat 41,857]

The Terms of Service prohibit discussing circumventing immigration law.  It seems to me that a review of said TOS is needed.

[Crazy Cat 41,857]

3 hours ago, nykolos said:

 It really all boils down to what the "INTENT" was, to be determined by an immigration official during the interview. 

According to posters who have adjusted status, it would be extremely rare if the subject even arose during an AOS interview.......extremely rare.

Edited May 19, 2020 by Lucky Cat

[Boiler 45,516]

1 hour ago, Lucky Cat said:

According to posters who have adjusted status, it would be extremely rare if the subject even arose during an AOS interview.......extremely rare.

Well it would be pointless, time is limited, they would focus on issues that mattered.

[Ryan H 3,812]

1 hour ago, Lucky Cat said:

The Terms of Service prohibit discussing circumventing immigration law.  It seems to me that a review of said TOS is needed.

 

***Posts that we're doing that have been removed.***

[bradoony 54]

9 hours ago, ra0010 said:

Hi there! I see that you're completing the I-864 form now and just wanted to give you a piece of advice. Though it is optional, it is usually recommended to include an employment letter and 6 months of pay stubs to further prove that the sponsor meets the poverty guidelines. Also, make sure that you send the tax RETURN transcript... Hubby and I sent the tax ACCOUNT transcript and -although it actually shows more information than the return, we got a RFE. 

Does your wife have her birth certificate with her? Also check the requirements for it. USCIS can be very picky with it and I have seen tooooons of RFEs about them. Not the end of the world, but can significantly delay the process.

Also, use the guides here. There are also some very easy-to- follow YouTube videos that you can use as a guide. Good luck!!!!

Hey! ok thanks for the advice. Im not sure I have my paystubs. What is an "employement letter"? And the tax return transcript, are you talking about the 1040?. Yes she does have her birht certificate with her; we received it in the mail recently. 

[Rocio0010 5,579]

6 hours ago, bradoony said:

Hey! ok thanks for the advice. Im not sure I have my paystubs. What is an "employement letter"? And the tax return transcript, are you talking about the 1040?. Yes she does have her birht certificate with her; we received it in the mail recently. 

Employment letter: whoever her sponsor is, if the person is working, then it'd be a good idea to include an employment letter. An employment letter is a letter that states where the person works, the position, and the yearly wage. It makes the case look stronger. So if you are working and you are the only sponsor, then I suggest you to include that.

Bear in mind that even if you are not working or do not meet the poverty threshold, you still need to include an I-864 completed and signed by you. If you don't meet the poverty line, you'll need a joint sponsor, who should also include -among other documentation- an employment letter. 

 

Tax return transcript: no, the 1040 is not a tax transcript. It's a tax form, which you input to do your taxes every year. Tax transcripts are usually generated by IRS and you can create an account and download them online in like 3 minutes. Alternatively, if you can't get those, you'll have go send your w2s. If you send your tax return transcript, you dont need to send w2.

 

Birth certificate: make sure that it has ALL of the following info:

- applicant's full name

- full date of birth

- place of birth (City, Province/ State, country)

- full name of BOTH parents.

[bradoony 54]

Hey guys, Im working on the I-485 and Im starting part two. Can somebody explain the part where is explains attaching an I-797? I wasn't even aware of this form. Also.... Part 2 - Question 2b - because my wife came on a tourist visa and now we are married do i select "other relative of U.S. CItizen......." box?

Edited May 20, 2020 by bradoony

[bradoony 54]

12 minutes ago, bradoony said:

Hey guys, Im working on the I-485 and Im starting part two. Can somebody explain the part where is explains attaching an I-797? I wasn't even aware of this form. Also.... Part 2 - Question 2b - because my wife came on a tourist visa and now we are married do i select "other relative of U.S. CItizen......." box?

ignore my second question - I'm stupid when I'm tired. correct answer is 2a.

[SalishSea 17,829]

On 5/18/2020 at 5:34 PM, bradoony said:

Also, what is minimum required income for the I-864?

It is all contained in the forms.  Please don't rely on outdated guides here on VJ.  Make sure you print out the most recent versions of all forms, and their optional checklists/instructions from USCIS.gov.  

 

Do some reading and researching about this process - doing it correctly the first time will save you a world of hurt later on.

[bradoony 54]

30 minutes ago, Jorgedig said:

It is all contained in the forms.  Please don't rely on outdated guides here on VJ.  Make sure you print out the most recent versions of all forms, and their optional checklists/instructions from USCIS.gov.  

 

Do some reading and researching about this process - doing it correctly the first time will save you a world of hurt later on.

awesome great info. I appreciate it

[bradoony 54]

I need some documents translated from Bulgarian to English. Does anybody know any good document translation services online??

[Rocio0010 5,579]

1 hour ago, bradoony said:

Hey guys, Im working on the I-485 and Im starting part two. Can somebody explain the part where is explains attaching an I-797? I wasn't even aware of this form. Also.... Part 2 - Question 2b - because my wife came on a tourist visa and now we are married do i select "other relative of U.S. CItizen......." box?

Form I-797 is the notice of receipt that USCIS sends to the applicant once they have received the application. It has the case number, which you will use to track the status of your case. You don't have one yet; they just mention it because some people send the I-130 form prior to sending the I-485, and have to attach a copy of that form. But since you're filling I-130 and I-485 concurrently, you still don't have that form so no worries about it.

 

Form I-485 is for your spouse to complete. She's the applicant or beneficiary. So on part 2, item 1 "I am filing this form as a PRINCIPAL APPLICANT"

 

Part 2, question 2a immediate relative spouse of a US citizen. (you are the US citizen and she's your spouse, so this is the option you need to select)