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Michael_H

Adjustment of Status Advice/Affidavit of Support [merged threads]

By Michael_H in Adjustment of Status from Work, Student, & Tourist Visas

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Michael_H Newbie

Michael_H   0

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Hello! My fiancé and I would appreciate any and all advice if you read through our story and can give us a clear line through the woods...

 

My Russian Fiancé and I met three years ago in Cambodia where we have been living ever since, until about 2 months ago, when she and I entered the USA (her on a tourist visa - I am a US citizen). We've now decided to get married here, apply for adjustment of status, and try to start a life in the USA near my family. Some problems I foresee lie with the Adjustment of status, and the fact that I haven't had any taxable income for the past three+ years as I've been living in Cambodia volunteering/working for very low wages(I haven't even filed my taxes😬). Perhaps I can have my parents become partial sponsors but they are now both retired with modest social security benefits & retirement payments. My frustrating search for full employment continues, and as much as my fiancé would like to being work, she can only make modest gains through online teaching until given permission to gain employment in the US.

 

Again, I appreciate any and all help, and look forward to reading your replies!

Edited by TBoneTX
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Verrou Proficient

Verrou   1,962

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when we got married, both of us have no jobs due to covid's layoff. lawyer suggested to wait to file until my spouse the petitioner got a job. the month he started working, we immediately filed.  we had no issue with 3 years tax return at that time. current income is king. and also, u definitely need joint sponsor. 

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Crazy Cat Grand Master

Crazy Cat   41,853

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Filed: Citizen (apr) Country: Taiwan
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14 minutes ago, Michael_H said:

Hello! My fiancé and I would appreciate any and all advice if you read through our story and can give us a clear line through the woods...

 

My Russian Fiancé and I met three years ago in Cambodia where we have been living ever since, until about 2 months ago, when she and I entered the USA (her on a tourist visa - I am a US citizen). We've now decided to get married here, apply for adjustment of status, and try to start a life in the USA near my family. Some problems I foresee lie with the Adjustment of status, and the fact that I haven't had any taxable income for the past three+ years as I've been living in Cambodia volunteering/working for very low wages(I haven't even filed my taxes😬). Perhaps I can have my parents become partial sponsors but they are now both retired with modest social security benefits & retirement payments. My frustrating search for full employment continues, and as much as my fiancé would like to being work, she can only make modest gains through online teaching until given permission to gain employment in the US.

 

Again, I appreciate any and all help, and look forward to reading your replies!

Welcome to Visa Journey. You have found the best source for accurate immigration information.  I assume you have read the guides here on VJ.  If not, read and study this step by step guide:

 

Step-by-Step Guide on Filing an I-130 for a Spouse Inside the US - US Immigration & Visa Guides - VisaJourney

 

Be advised that you need a joint sponsor(s).  Social Security income is fine if sufficiently over the requirement level.  Also be aware that the immigrant cannot work while inside the US (including online work) until she receives a valid EAD.   Lastly, be aware that US citizens must file taxes on all worldwide income if over reporting levels.  The immigration process requires a great deal of knowledge, planning, time, patience, and money.  Good luck on your journey.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Boiler Grand Master

Boiler   45,513

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Filed: K-1 Visa Country: Wales
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She can not work in the US on a Tourist Visa, on line or otherwise.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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SalishSea Grand Master

SalishSea   17,829

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Filed: Lift. Cond. (apr) Country: New Zealand
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22 minutes ago, Michael_H said:

Hello! My fiancé and I would appreciate any and all advice if you read through our story and can give us a clear line through the woods...

 

My Russian Fiancé and I met three years ago in Cambodia where we have been living ever since, until about 2 months ago, when she and I entered the USA (her on a tourist visa - I am a US citizen). We've now decided to get married here, apply for adjustment of status, and try to start a life in the USA near my family. Some problems I foresee lie with the Adjustment of status, and the fact that I haven't had any taxable income for the past three+ years as I've been living in Cambodia volunteering/working for very low wages(I haven't even filed my taxes😬). Perhaps I can have my parents become partial sponsors but they are now both retired with modest social security benefits & retirement payments. My frustrating search for full employment continues, and as much as my fiancé would like to being work, she can only make modest gains through online teaching until given permission to gain employment in the US.

 

Again, I appreciate any and all help, and look forward to reading your replies!

Until she has work authorization, it is illegal for her to work at all, even “modest gains through online teaching.”

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Michael_H Newbie

Michael_H   0

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My fiancé and I have been living in Cambodia for the last 3 years together and have finally made it to the United States over the xmas break to visit my family. While visiting I learned in more detail about my father's failing health, so we stayed here in the states longer than expected. We decided to get married here, live close to family, and will now try to start what seems like a long and arduous process of adjusting my fiancé's status. I believe I have to mail in an I-485 form in tandem with an I-130. I'd love to hear about other people's similar experiences with filing these papers, approximate wait times, and any hazards we may avoid. Hiring an attorney seems quite expensive on top of all the filing fees - so we'll go it alone if we can. My fiancé is also quite concerned she wont be able to work, or even visit family back in Russia for one or two years+! 

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Crazy Cat Grand Master

Crazy Cat   41,853

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Filed: Citizen (apr) Country: Taiwan
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You need to read and study this VJ guide:

 

Step-by-Step Guide on Filing an I-130 for a Spouse Inside the US - US Immigration & Visa Guides - VisaJourney

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Crazy Cat Grand Master

Crazy Cat   41,853

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Filed: Citizen (apr) Country: Taiwan
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7 minutes ago, Michael_H said:

My fiancé is also quite concerned she wont be able to work, or even visit family back in Russia for one or two years+! 

Those are MAJOR drawbacks of adjustment of status.  Buckle up for a long journey.  Good luck.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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JeanneAdil Grand Master

JeanneAdil   6,505

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Filed: Citizen (apr) Country: Morocco
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38 minutes ago, Crazy Cat said:

Those are MAJOR drawbacks of adjustment of status.  Buckle up for a long journey.  Good luck.

yeah,  it will take quite a while as u have added bumps in the process

USCIS will need to do the security checks for Cambodia and Russia /  this won't be fast 

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Boiler Grand Master

Boiler   45,513

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You have to marry before you can do anything 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Sarge2155 Mentor

Sarge2155   4,587

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Filed: Citizen (apr) Country: Philippines
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22 hours ago, JeanneAdil said:

yeah,  it will take quite a while as u have added bumps in the process

USCIS will need to do the security checks for Cambodia and Russia /  this won't be fast 

Yes it's gonna be brutal in terms of the process!


4 years, 11 months, 2 weeks and 3 days

Citizenship Complete!

USCIS is like a box of chocolates, you never know what kind of answer you are going to get!!!!

 

 

                                    

 

 

 

 


                                                             

 

 

 

 

 

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TBoneTX Grand Master

TBoneTX   45,288

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Filed: Citizen (apr) Country: Ecuador
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bump

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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TBoneTX Grand Master

TBoneTX   45,288

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Filed: Citizen (apr) Country: Ecuador
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Related threads have been merged.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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