Yodrak

Dr_LHA,

I overlooked this myself in my post, but we do have to be very careful with our language here.

"non-resident alien" sounds like IRS-speak, not INA-speak. Clarky and Tarah is an alien (half of them is, anyway), and resident in the USA - very much a resident alien. And probably legal. So while they are a resident alien, and a legal resident, they are not a Legal Permanent Resident.

If they accurately quoted the website, I wonder what the website meant by 'legal resident'? Probably LPR, but who knows for sure?

Yodrak

I'm searching for health insurance STILL and I have a question. If you enter the U.S. on a K1 visa and file for AOS are you considered a legal resident of the United States?

No, you are a non-resident alien until your AOS is approved.

I'm wondering because on a website I'm looking at it says one of the qualification for a prescription card is that the applicant is a "legal resident of the U.S. or Puerto Rico. Would conditional permanent residency suffice?

Yes, but also being a non-resident alien would probably suffice also. Companies tend to play a bit fast a loose with the words "resident", they probably just mean that you're legal (rather than illegal) as opposed to having to have a Green Card.

Dr_LHA,

As I also wrote in the thread that you quoted from,

"However, I'm not a Civil Surgeon nor have I or anyone I know ever had an immigration medical exam performed by a Civil Surgeon. Read here and see what you think.

http://www.cdc.gov/ncidod/dq/pdf/ti-civil.pdf "

Yodrak

The CDC instructions to Civil Surgeons seem to me to indicate that a chest x-ray is not needed unless a tuberculin skin test yields evidence of infection. And even then, pregnant women showing no symptoms can opt out of the x-ray.

Interesting, my Civil Surgeon got me to do the X-ray anyway because he told me the skin test "doesn't reveal all forms of TB", and the X-ray was still needed. No idea if this is actually true, but hasn't there been cases where people have got RFE for the TB X-ray recently, or am I remembering incorrectly?

Clarky and Tarah,

I'm searching for health insurance STILL and I have a question. If you enter the U.S. on a K1 visa and file for AOS are you considered a legal resident of the United States?

No. The AOS application has to be approved for you to be an LPR.

I'm wondering because on a website I'm looking at it says one of the qualification for a prescription card is that the applicant is a "legal resident of the U.S. or Puerto Rico. Would conditional permanent residency suffice?

An LPR with conditions is nevertheless an LPR.

Yodrak

This thread is being closed at the request of the OP.

Yodrak

kath58,

Had you ever been in the USA prior to entering on the K1 visa? And if so, did you ever stay longer than your authorized period of stay? And if so, how much longer?

Perhaps your attorney is concerned that if you application to adjust status is approved while you are out of the country the AP is of no use, yet without a green card or other evidence of LPR status in your posession the CBP officer may have valid reason to not let you in.

In any case, you should ask the attorney the reason for his advise rather than try to figure it out based on experiences of others who may not have been in your situation when they were parolled into the US.

Yodrak

Let me ask you a couple questions:

How did you enter the country last?

Have you accumulated any 'overstay' time?

The attorney could be right.

We traveled without any incident and Annie was in the FBI Name Check, so either your attorney is ignorant (which is possible) or there is more going on here.

Hi there,

I came in on a K-1 Visa

Married one week later after entering the USA.

AOS . Had interview. Pending on FBI name check.

I dont understand have i accumulated over stay time.

Thanks Kath58.

I think that this has been an interesting thread, and has delved into relevant side issues that are not off topic. The question that started this thead was a very general one.

I also think that Gaby&Talbert have made some valid points, not so much misinformation as he has been accused of. The mention of illegal immigration and falsified documents into his posts was a tactical mistake on their part, as it seems to have overshadowed the valid and relevant points they wanted to make, in particular with regard to aliens who do not have the reminder notation about USCIS employment authorization on their SS cards yet do require USCIS EA in order to work - this does put employers into a bind.

The law has made employers the defacto enforcers of certain facets of immigration law, yet it also strongly protects employees from arbitrary, discriminatory hiring practices by employers. It's an interesting tightrope that they must walk.

Yodrak

Its gone so far off-topic, surely off-topic would be better? Or maybe locked?

Shouldn't that be a rule i.e. closed for being filled with incorrect/irrelevant information?

Mods do not do quality control of postings. I think the knowledgeable pointed out several times the incorrect information posted as it should have been done.

I know I know - just desperately searching in vain for a way to get the quality of information here back to where it used to be. . .

Gaby&Talbert,

An interesting situation, when the SS card does not have the notation but the alien is not an LPR and needs to have EA to work.

I'd like to agree with meow mix because the notation is a reminder to employers, not a restriction, but the law says that an employer cannot tell the employee what documents to submit for I-9 - it's the employee's choice of what they wish to submit from the list of acceptable documentation. If an employee has a card without the notation and chooses to submit documents consistent with that, the employees hands are tied - they must accept the documents that the employee submits. And in that case perhaps the employer is also protected from any penalties should it turn out that the employee does not have EA.

If there is not a definitive answer to this that is taught in law school, this might make an interesting law student exam question.

Yodrak

There is something confusing in List C for the employer and that is:

U.S. social security card issued bythe Social Security Administration(other than a card stating it is notvalid for employment)

The employer could interpret this as it is authorized unless it specifically states "not valid of employment"

Not an excuse. It's the employer's responsibility to know the law, not to say, "Well, we thought..."

Miranda&James,

I think it's easier to understand if one goes a step beyond the usual 'can she work' question and ask 'can she be hired', because a person who is EA can (is allowed to) work but an employer cannot (is not allowed to) hire a person who does not have an EAD.

The problem for K1s is that while all of them are EA (for the 90 days that they are in K1 status) few of them have an EAD. Nobody else has that odd situation (for more than a few days).

Yodrak

Does she need the EAD stamp in the passport to be able to work those 90 days or is it the K1 itself that allows 90 days of working?

The K-1 is work authorized for 90 days, but the EAD stamp is needed to meet the requirements of the I-9. So essentially, even though one is work authorized for the first 90 days, without the EA stamp you can't work.

ChristinaH,

It's not a restriction, it's a reminder. And the notation will be put on the SS card whether or not there is an employment authorization stamp on the I-94.

The notation cannot be removed with an EAD (which the stamp on the I-94 is). It can only be removed when one becomes an LPR. (Unless the SSA makes a mistake, which it has been known to do from time to time.)

Yodrak

Even without a work authorization stamp on your I-94 you are eligible for a SSN. It is a restricted one though. It says something to the extent "Employment only after DHS authorization..". I don't remember the words. I would have to go get it out of my file box but I'm too tired to get up right now.

With your EAD and/or Permanent Resident Card you will be able to remove that restriction from your Social Security Card for employment.

roy/maricar,

Submit an I-485 for him, following the appropriate instructions that come with the form for supporting documentation.

Yodrak

hello!! im a new here and i know that you can help me how to apply my son change status K2 ?? im going home to get my son to bring him here in US and i wanna know how to apply his AOS to get his green card hope any body can help me here

LonaD,

Location where? Visas are issued at consular posts, not border points.

As YuAndDan point out, I-94W is not a visa it is a record of entry into and departure from the USA for people who are using the Visa Waiver Program (which does not apply to Canadians, if that's what you are).

Yodrak

good morning everyone

am not sure but I think I did a lil mistake on DS 156

it asks if you have ever been issued a U.S. visa...when, where and what type...

it gave the options B2 ( tourist/pleasure) wich i put and gave location as la colle at the quebec border

I already send it to the consulate wich the checklist ( wich they wont look at for probly another week , as they say they dont open new mail till 2-3 weeks after delivery )

now my question is , is the B2 option the same visa as the I 94W?

cause thats the only visa I had in the past wich is good for 90 days .

if not, would it be recomanded to correct it and print another to bring to the interview ?

any help is apriciated thank you Lona

Nick,

I can't imagine that the consulate in Bangkok would have issued the visa if an essential piece of documentation were missing. But if you have the name of the person who asked for the form, or even if you don't, why not send it anyway with a short explanation as to why you are doing so.

Yodrak

Hi All,

My wife entered the states on the 18 july on a K-3 and she told me that the man at the embassy in bangkok gave her a DS-156K form and told her to send it back to the embassy when she got to the states. My question is this normal or do I need to worry about it because we are applying for her AOS?

Thanks for all the help,

Nick

♥C and P♥,

The sponsor is the one with the money, and must provide information and supporting documentation showing that they have sufficient money (and sometimes, if not the USC Fiance(e), sufficient interest) to be the sponsor.

Yodrak

Yes..must be my typo..the I 134 for the Affadavit of Support...

That's what my question was...Would a cosponsor and the Sponsoring USC fiance fill out the same papers?

Jason-Sasha,

Do you see the word "remaining" in that citation anywhere? You added that word on your own. Learn to read what is written and not add, delete, or otherwise re-word.

Yodrak

Jason-Sasha,

Your passport doesn't neet to have 5 years of validity remaining. Read the requirement again, more carefully this time.

Yodrak

...... My passport doesn't have 5 years of validity remaining. Only 2.5. ......

Yo, Yodrak, thanks for reply. I just checked again..this is what it says in the guides for a K-1 visa petitioner...

11. Copy of the Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen's passport issued with a validity of at least 5 years or a copy of the US Citizen's naturalization certificate (front and back). This is used to establish citizenship.

Seems pretty clear to me. But still not sure because of your reply. Does it possibly mean that it has to at least 5 years since it was first issued?? The wording could be confusing but seems to mean 5 years remaining validity. thoughts??

brujo,

The CDC instructions to Civil Surgeons seem to me to indicate that a chest x-ray is not needed unless a tuberculin skin test yields evidence of infection. And even then, pregnant women showing no symptoms can opt out of the x-ray.

However, I'm not a Civil Surgeon nor have I or anyone I know ever had an immigration medical exam performed by a Civil Surgeon. Read here and see what you think.

http://www.cdc.gov/ncidod/dq/pdf/ti-civil.pdf

Yodrak

Having read around the forum a little more just now I am thinking the "Request for further Evidence" that I see on my case screen maybe requests for MEdical exams.

My wife, me and my eldest daughter have not had the medical examinations yet - although we have had our biometrics done.

Question:

Although I have read all the helpful info on this website about the exams - I am a little lost in terms of what is actually performed.

Can someone clarify if an XRAY is performed or not ?

The reason I ask is that my wife is 7 months pregnant.

Thanks

brujo

Jason-Sasha,

Your passport doesn't neet to have 5 years of validity remaining. Read the requirement again, more carefully this time.

Yodrak

...... My passport doesn't have 5 years of validity remaining. Only 2.5. ......

The divergent posts have been split off and put into a new thread in the 'working and traveling prior to greencard' forum.

Yodrak

This thread has gone a long way off topic.

Back to the original subject - link?

l4everh,

Does his (ex?) employer have a job waiting for him when he gets back?

Yodrak

i have a question since my husband came here in 2005 on a k1 we got married and due to an unexpected death in his family he returned home in September 2006 we didnt know bout the advance parole at that time so we have to start over with the 1-130 process. But my question is since when he was here he worked and filed taxes would i be able to count his income on the affidavit of support?

rshipp,

Should you elect to use photocopies of your tax return note that it must be the complete return as submitted to the IRS. Which means that "and/or W2's" does not apply - W2s are an essential part of the tax return, not a separate item.

Yodrak

Hello all, i have a, wot seems to be a very important question for all who can help me out here a little. Recently ive recieved our packets for the DS3032 and AOS bill, which i sent out immediately the next couple of days. Sent the Choice of Agent email instead of using the forms by mail(Which i must say it only took them 2 weeks to answer,,,,,,FINALLY!!!!!)))). My question is , Is it ok to use photo copies of your tax returns and/or W2's ?? or does the NVC require that you obtain actual transcripts from the IRS for your last three years for taxes??

If anyone could help us out it would be much appreciated.

Thank you

Either is fine but the transcripts are preferred. They are free, can be ordered online and come in a week or so.

ohioindian,

Reba is correct. It may not be possible to submit an I-129f for spouse without having first submitted an I-130, but the two processes - one for a non-immigrant visa and the other for an immigrant visa - are very separate.

Yodrak

I-129F and I-130 are two completely separate processes. It does sometimes happen that they'll get approved at the same time, but mostly they really have nothing to do with the other.

If the I-129F gets approved sometime soon, and IF it gets to the consulate before the CR1 stuff, then you might get an interview for a K3. However, the CR1 stuff has to be completed before they'll schedule an interview for a CR1. If the CR1 stuff gets to the consulate before the K3, the K3 stuff becomes void.

This is from what I know of the process anyhow, it may have changed with all the new stuff they're doing, I'm sure there's information around here somewhere if you have a look around.

this is not correct. The I129F for K3 is dependent on I-130 having been filed. As stated on USCIS website, it is policy for them to hold 130 and forward 129F when both are approved. Apparently, the 130 process from NVC and most consulates takes longer time than K3, so most people go through K3 as they can come to US sooner, unfortunately it is also going to cose more, but is worth it I think.

tanszani,

If you haven't gotten your K3 visa yet you shouldn't be presently living in the USA.

How much trouble will it be for your husband to go get his car should CBP become aware of what you are doing and not let you back into the USA after one of your trips to Canada?

Yodrak

Just wondering if it's "OK" to borrow my husband's car (on my own) while waiting for my visa

to travel to and from the States into Canada. I'm the Canadian, he's American, we are presently

living in the US.

Thanks

PatientlyWaiting,

The SSA "manual" contains the rules and regulations for who can and who cannot be issued a SS card. It does not contain the rules and regulation for who can be employed.

If you want to see the rules and regulations governing who can be employed see I-9 and USCIS manual M-274 Handbook for Employers, Instructions for Completing I-9.

Yodrak

The SS manual is clear that K1 do not need EAD for the 90-days that their I-94 is valid.

I am still waiting for you or someone to post the law which says that the SS rule is not recognized by DHS or that is has been repealed, changed or what not.

I have read IQuit's posts for two years and he was the one who suggested to arm oneself with the RM 00203.500 if one is to apply for SS number because some of the SS workers refuse to give SS numbers to K1 for the same stubborn reasoning that you have, that K1s are not authorized to work, they want EAD. No EAD, therefore no SS number. They won't listen to any challenge so you throw their own manual to them to force them to issue SS card.

I don't understand how information I quoted directly from a government post can be incorrect? Are you saying that SS is not correct?

Until I see anything in writing from a government site challenging the SS manual I quoted, I stand by my post.

Alan,

My understanding is confirmed in 9 FAM 40.41 Procedural Notes, N1.2c

Perhaps the person at the NVC is requesting some additional documents, perhaps specific additional documents, that they expected to see to demonstrate domicile. Or perhaps they are overstepping their bounds and the error will be corrected on review of what you did submit.

In any case, when and if you recieve a letter from the NVC requesting something respond to it in writing. Do no assume that your phone call is sufficient.

Yodrak

Alan,

This is interesting. My understanding is that the role of the NVC with regard to the I-864 is to review it for completeness (all required documentation present) not for adequacy (does the sponsor qualify). .....

jigaruk,

My understanding is that the name on the visa is supposed to match the name on the passport. Since it does not, I think that I would go back to the consulate and try to find out why they put the name on the visa as they did.

Yodrak

Yodrak

My name on passport and birth certificate is 'Jigar Shah'.

jigaruk,

What is the name on your passport? On the birth certificate that you submitted with your visa application?

Yodrak

Today I have recieved my CR-1 visa. My name is 'Jigar Shah'. The name they have printed on my CR-1 visa issued by London IV branch is :

Family Name: Shah

First Name: Jigar Pritesh

.....

your suggestion highly appreciated.

rosa.sputnik,

Just be sure to mention the earlier petition in response to any question on any form that asks about other petitions.

If you don't know your A# from that previous case I would write 'unknown' anywhere that your A# is asked for, because you do have one. One effect that the prior case will have on the current one is that the case officer will want to retrieve the previous case file from storage to review along with the current case. How long it takes to locate the old file and send it to the case officer may slow down the processing of the current case. Providing the A#, if it is known, could minimize any such delay.

Yodrak

This might be somewhat long and maybe somewhat complicated...

My Ex-Boyfriend and I filed a 129F in September 2003... very few months after that he got cold feet and did not forward me the information that the USCIS wanted a RFE (my divorce decree)... at some point then they wrote him a letter that they wouldn't take further action on that case and that it was dismissed. I never got any notice about the case... not that it was dismissed nor anything else...

We stayed friends, kept on talking to each other and my daughter and I visited him again in 2005 and 2006.

Last year then I got to know the brother of his roommate and we fell in love...

After I returned to Germany in August last year he and I kept on talking via Messenger, Telephone etc... then he came to visit me in October for 2 weeks... then again he came back in November and stayed until January...It was a wonderful time, and this year we visited him in the U.S. for 4 weeks...

On July 19th he proposed and I said YES!!!

Before my daughter and I returned to Germany we filed the 129-F to the Texas Service Center (July 23rd)

So here comes my concern... I looked up the old case number on the Internet and it's still in the system...

That's what it says:

The last processing action taken on your case

Receipt Number: XXXX

Application Type: I129F , PETITION FOR FIANCE(E)

Current Status: We mailed you a decision.

On May 28, 2004, we mailed you a decision on your I129F, PETITION FOR FIANCE(E). Please follow the instructions on the notice. If you move before you receive the notice, please contact customer service.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

My concern now is... if that could affect our case now... I'm so worried because my Ex boyfriend never took any action to withdraw the case at least... and it's still in the system...!??!?!

And, another question... unfortunately we were so excited to do the paperwork that we sent the Money Order to USCIS Texas Service Center... we did not read the instructions regarding that and now we saw that we should have sent it to Department of homeland security...

Thank you sooo much...

Concerned gretings

rosa.sputnik