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Everything posted by K1visaHopeful
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Have you learned how to use and monitor the USCIS processing times website yet? It will tell you your estimated wait and WHEN you are eligible to place and outside of normal processing times enquiry. No use complaining or worrying even unless you are aware of your wait and monitor it for changes. SRC is 28 months for 80% of cases atm.
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Your 2 YEAR Conditionsl GC (ie. Valid for 2 years aka. 24 months) is what is granted upon I485 approval. It is not valid for 4 years. It is only valid for 2 years. As a K1, you must Remove Conditions (from a CONDITIONAL Permanent Resident to a Permanent Resident) by filing I751 to receive a 10 YEAR Permanent GC upon the EXPIRY of your 2 YEAR GC. You many file I751 90 days before the expiry date on your 2 YEAR GC. The I751 ROC process can take up to 48 months to approve currently so they give you a receipt notice "EXTENDING your residence" while the I751 processes for up to 48 months at this time. It seems that you are confusing the AOS process with the ROC process?? If not, please explain.
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Is that a rhetorical question? Or sarcasm? It happens more often than you think. Just because your LFO has been transferred your AOS application doesn't mean your IO took the time to track down the rest of your file from DHS. Why do you think so many K1 AOS applicants get questioned about their medical? Unlike normal AOS applicants (which represents the majority) who would have either completed an I693 and submitted with I485 or brought it to the AOS interview, K1 medicals are included with the Visa envelope which gets transferred to DHS after arrival. Not all IOs are competent in the K1 AOS process because it's extra work on their part.
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Yes. In my opinion, and very few will agree with me, ONLY if you FILED your application ONLINE are you ELIGIBLE to reply to RFEs ONLINE. While you may be ABLE TO doesn't mean you are ELIGIBLE to so you should not reply electronically unless you filed electronically. They did not send you an RFE for no reason. Don't be like the many others and be so sure of yourself. There is at least one error and statistically, likely many more than one. Time to do some research through the I864 RFE threads as advised above. You'll need to examine your forms and documents very carefully asking yourself what am I trying to prove with each piece of evidence and ensure the numerical amounts match your form. #1 problem: Self employed sponsor's and not knowing how to prove income. I'd advise you not to use a SE'd sponsor.
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If the CPR filed I751 to remove conditions from a Conditional Resident to a Permanent Resident (can't tell because your timeline is blank, please fill it out), the CPR may file N400 at the 3 year mark (minus 90 days) from the issue date on the 2 year GC provided they are still married to the original US Spouse and living together regardless if the I751 has been approved or not already. Use the online calculator to determine when your filing window opens up.
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That's the confusing part. The child of a USC (which you were when you applied for your K1) is eligible for an immigrant visa IR2 not a K2. The child would have entered as an LPR and derived citizenship directly from you provided you had lived in the US for 5 years (which would have been the case as that was your only eligible way to file for citizenship). You'd have applied for I130 for your child and completed the process just as your K2 did but be issued IR2 not K2. Am I missing some more details? Not unusual. Your K2 would not have an Alien number until their GC was approved. So either their GC was approved OR it has been recognized that your K2 should have been an IR2 and became an LPR upon entry. I honestly think they are totally confused by the K1/IR2 situation. All too confusing without a clear understanding on your end. Your best bet still is Ask Emma Live rep which aint happening at this hour of the night because the button to select Live Chat in the chat during non business hours doesn't exist. Yes for your "K2" as you have stated they have not been approved. Correct.
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As far as I understand it, no. The child would have had to enter with an immigrant Visa as an LPR. So I485 seems to be the correct path. Once LPR, the K2 derives citizenship. Others can correct. I'm truly confused now though how a LPR filed an I129F for both a K1 and K2... because that's not possible.
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Your wife was approved. Have you confirmed that the RFE was for your WIFE'S I485's application and not your SEPARATELY FILED I485 for your STEP???? child or is that actually your USC daughter which you did not have to file a K2 OR I485 for? Did you Ask Emma who the RFE was for and if it was for your WIFE, confirm that you had to do absolutely nothing because she was already approved? No that's not true. A K2 (if that's the case and she is your STEP DAUGHTER) needs to file their own AOS. Let's start and stop right there.
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Where was it indicated in your question and my response that an Alien number was required to FILE (ie. merely submit) I485? The I129F Noa2 Approval Notice is required for much more than that as Initial Evidence. It proves the sequence of eligibility to file I485 as a K1. You will see that mentioned a lot throughout VJ. Just because you received a receipt for I485 doesn't mean you won't get an RFIE or RFE for the I129F Noa2 Approval Notice. It all depends who is adjudicating your form and their knowledge about K1s who are a very small slice of the pie out of all AOS applicants. *so when/if that happens, you'll follow the route above (I824).
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I131 does not have a box for MAILING ADDRESS. I131 will be mailed to your PHYSICAL ADDRESS. You must input your physical address. You cannot lie and input an address that you want it mailed to. Your I131 physical address will NOT be different than your I485 physical address. No MAILING ADDRESS for I131. You are not comprehending the situation. You input the actual facts of your mailing address and physical address on both forms WHERE APPLICABLE. MAILING ADDRESS is not applicable for I131. There is no MAILING ADDRESS BOX FOR I131 so how can you input a mailing address that's different than the mailing address you input on I485? You do not manipulate any information to make it "look better" or "seem less confusing". Nothing more, nothing less. Input the facts.
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The actual question on the form states: NOTE: The term “children” includes all biological or legally adopted children, as well as current stepchildren, of any age, whether born in the United States or other countries, married or unmarried, living with you or elsewhere and includes any missing children and those born to you outside of marriage. No.
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SNN
K1visaHopeful replied to J0hann's topic in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas
Not necessary. Yes. You DO want a REPLACEMENT card issued to you after EAD or GC approval if you have changed your name through marriage on your EAD/AOS forms. Also, your GC issued SSN card will be unrestricted not like your K1 or EAD which will be restricted. It's very important to get you UNRESTRICTED card. Your K1 SSN will come in your maiden name. Your EAD SSN will come in your Married name but will still be restricted. Your GC SSN will come in your married name but be UNRESTRICTED. -
AoS - Package
K1visaHopeful replied to J0hann's topic in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas
Separate copies of evidence for each form.