no-to-rfes

Finally got our letters for our biometrics appointments. The date is January 14. I hope all goes well and the process continues smoothly.

We had our interview and it went well.... IO was very nice but also very through... She checked all the major points related to our case... No tricky questions or anything.... Took about 1 hr, mostly of her checking her computer and when she wasn't familiar with the format of an original certificate, she called her supervisor who then Ok'ed it..... Waiting to receive GC which was already mailed.....

We wish happy holidays and smooth journey to the rest of the AOS filers...

Anybody? I would hate to receive a RFE....

Hi,

1)

Just a comment, you mentioned you are including all Ds-2019 forms for your J1 status. Did you send evidence that you are not subject to the two-year residency requirement?

Your visa and forms may state it. Not sure if the forms just stating that you are not subject is enough or if you need an "advisory opinion" (which you can request for free but can take up to 8 weeks) is necessary.

I assume you are not subject since they ask in the 485 application.

2) For organizations, I guess you can put your agency, although I think it is meant for more formal organizations. But it won't hurt to put your agency.

3) Yes, if you changed your name you should include your new name wherever forms ask for "other names used".

4) For initial evidence seems enough (for being married only two weeks), as you mentioned it will be expected you take more evidence by the time of the interview.

Those are my thought, hope it helps (although I'm not an expert at all)...

- ntr

Hi everybody,

Any updates?

I haven't received EAD yet (did not apply for AP), hopefully it would update soon, i heard it can take like a month after biometrics...

-ntr

This morning I received our e-notification NOAs! Yea!!! Nice & Quick! I hope the rest of the process continues so quickly!

Yea!!! Congrats!!!

Hi all,

arleygirl - I'm glad you finished your paperwork and submitted just on time to join us in the October filers..

CherryGarcia - Glad you got your NOA's

g_yhap - please fill in your signature, makes it easier to see where you are in the process, I think you are waiting for Biometrics appt?

yardman - lucky you, congrats on the EAD/AP, you are setting the pace, and if you can please fill signature

mari3425 - You are in the K1 filers, I saw you finally found them and post there - but feel free to stop by here, everybody is welcome

Good luck to everybody...

Hi there i sent my pkg in on Oct 4, 2012 and i received my hard copies of NOAs (i-130 & i-485) yesterday. I was unaware that i could submit the i-765 the same time. Anyway i have it ready to be mailed out tomorrow along with the i-797c. I have a biometric appointment scheduled for Nov 09, 2012, I've seen members doing walk-ins weeks b4 the actual appointment, how do i go about doing that, do i just "walk-in" and wait my turn..?

It does not hurt to try... check the forum for walk-in experiences in your local office... usually you just show up to the local office and show your letter, sometimes they don't mind the specific date of the letter and let you in...

I intend to give it a try, maybe next week...

It is not clear if it help speed things up or not, but somehow getting done is one less worry....

Also, you can send the I-131 if you intend to travel before the GC is ready (if you are elegible for it)..

- ntr

haha yeah see? just be patient

Hi,

How long until we can check the online status? My receipt numbers are still shown as "not found" (I have MSC receipt numbers).

- ntr

Hi,

So I just found out from my husband that his W2 for 2011 lists a different amount of income than his tax return. However, on both the tax return and W2 we are well above the poverty guidelines. The IRS actually owes us money, my husband just didn't bother to send a form to the IRS asking for the amount owed. Since both of these forms show we're above the poverty limit, will this be a problem with the 864?

Also, my husband insists that he didn't receive a hardcopy of the W2, but that he "might" be able to find it online and print it out there. I'm worried that the hardcopy of his W2 might've been lost in the mail since he was laid off around tax time. As I have learned throughout our relationship, and continue to forget, my husband, as sweet and loving as he is, has an atrocious record for keeping track of things. You'd think someone would care about their W2 not arriving in the mail, but not him, apparently.

Anyways, if he is able to get the W2 online, is that acceptable, or must it be a photocopy of the hardcopy of the W2?

He tried to get transcripts from the IRS but didn't notice that he didn't update our address with them, so if we go that route we'll have to wait several weeks because you have to change you address through a paper form. Excuse my ranting, it's just that my husband has made this process more difficult than it ever needed to be, and he says it isn't "his fault" for being absentminded Sure, he can remember when the Warcraft expansion comes out, but not to keep track of his taxes. I've waited over a year to finally file for my AOS and right when I think it's going well, something like this comes up I was going to include three years worth of tax transcripts, but it looks like I might be knocked down to the bare minimum for the 864, and I really don't want to do that...

Thanks in advance for any help.

Hi,

Maybe you can request your IRS transcripts without updating your address (send them to your old address). At the same time, submit a a change of address with USPS to forward your mail from your old address to your new address. (and don't forget to update with IRS after that).

Convoluted but might work.

Also, printed W-2 from online is as valid as copy of hardcopy.

- ntr

Thanks for the reply.

- Are you sure you don't need G-325a for petitioner? The I-130 states that it is required.

- I included a copy of the passport just in case, I didnt know if the birth certificate was enough on its own. Thanks for that.

- The I-864 states that the previous 3 year tax figures are required, but the copies of the tax returns are optional??

Hi,

- yes, you need the G-325a for the petitioner for the I-130 (make sure it's signed)

- birth certificate is enough, adding passport won't hurt

- Copies of last year taxes (including W-2 or 1099s) or IRS transcript is mandatory, for the other two years is optional (not including the W-2/1099s or IRS transcript would likely lead to a RFE)

I added a G-1145 (Receive notification of progress) as first page to each application (in your case four total), not sure if needed but I did receive a NOA1 for each one

- ntr

Hello,

So I have been in the States as a student (f-1) visa and recently on OPT started in Aug.

I am getting married on October 26th and wondering what I should do next. I have been so busy planning the wedding, working and finishing school.

Should I get an immigration lawyer?

I am guessing my next step would be to apply for a temp green card?

I want to thank you ahead of time.

Jiro

Hi,

Congrats on the wedding!

I don't think you need a lawyer, but you could get one if you prefer (mostly for peace of mind).

I think a good starting point is this guide http://www.visajourney.com/content/i130guide2

The first step would be to collect all documents needed and start filling the forms mentioned in the guide.

After you read the guide, you'll get a better idea of whether you need a lawyer. I guess a lawyer helps if you rather not read all the instructions of all the forms, as it gets time-consuming.

- ntr

Does EB2 allow for derivatives? If a LPR petitions for a spouse the wait is very long, a few years. Any overstay would make her ineligible for AOS.

Hi,

I think it does

" Family of EB-2 Visa Holders

Your spouse and children under the age of 18 may be admitted to the United States in E-21 and E-22 immigrant status, respectively. During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD). " (from USCIS)

So I guess your spouse can adjust status with you but you'll have to be careful to work around the J1 issue. (I believe marriage has to happen before your AOS is adjudicated, preferably before you apply for it).

Note that you need to be careful about the J1, as the "immigration intent" would likely create issues renewing the DS-2019:

1) She can not be adjust status if she is subject to the two year-home-residency requirement. (If not sure apply for an advisory opinion). If she's subject she needs to apply for a waiver (once you apply for a waiver you can not -or might have issues depending of IO- renew the DS-2019).

2) She might/likely have issues renewing her DS-2019 if she files for AOS.

So you would want to renew DS-2019 before filing for AOS - (and before filing for waiver if needed).

Once she AOS she can work anywhere (actually while processing her AOS she could get Employment authorization EAD).

But I think she must maintain legal status throughout, as overstaying would make her ineligible to AOS (as Harpa mentioned).(You mention she only has the J visa for a few months, so she'll probably have to extend it to have enough time to process everything).

So it seems you have to work out all the details but might be possible.

This might help: http://imminfo.com/Library/green_cards/AOS/marriage-during-aos.html

Btw, I don't have any experience on the EB2, so members who have applied for it, please correct me if wrong.

- ntr

Hi,

I'll get the thread started. I just sent my paperwork. Adjusting from B2.

Let's hope for a smooth journey.

- October filer

Oh, I thought you have been back in the US since 2009. So you worked in France from 2008-2011? Then all you need to show is that you were in France for 2 years. It won't matter if you were eligible or not, because if you were eligible, you fulfilled the requirement.

So it is true you worked in France for 2 years?

I agree with previous poster. If you returned to your country for 2 years, all you have to do is prove it. I know someone who had to prove it, and this person had to show lease and employment verification. Maybe bills of utilities in your name with your local address. Start collecting documents!

Good news is that, if this is case, then you can comply to their RFE and not get denied.

Edit to reflect new post info: even better if you are not subject