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Chancy

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Everything posted by Chancy

  1. If OP is able to file 2022 taxes now, that would be good. If the 2022 transcripts are not yet available, submit a copy of the filed tax returns (1040 + W2 + 1099 + all schedules). If they are not able to file 2022 taxes yet, it's ok to use the 2021 transcripts as the latest tax filing if OP is able to submit the case for NVC review before April 18, 2023.
  2. Your children will need to attend their visa interview in person at the embassy. No exceptions to this rule, even for kids. Since your wife's case is already at USEM, if you prefer that your family be interviewed together, you may contact USEM directly (instead of NVC) to request that they be scheduled together, possibly holding onto your wife's case until your children's cases are also transferred and ready. It's also possible that USEM will tag all their cases for self-scheduling instead, so you can pick their appointment yourself.
  3. Not everyone has online access to their transcripts, so form 4506-T was mentioned. If you are able to download your return transcripts from the IRS site, that's fine. No need to send the form.
  4. USCIS messing up filed address changes is a common issue, so I doubt your AR-11 filing is unusual. Just have your husband mail in the I-865.
  5. *** Moved from AOS from K1 Visas Progress Reports to ROC General Discussion *** Ignore it. Your marriage certificate, I-485 approval notice, I-90 approval are more than enough proof that you are rightfully entitled to your 10-year GC. Did your USC husband also mail in an I-865? If not, he should, so you have more paper trail that you did everything required to update your address info with USCIS.
  6. You sign on page 10 of the I-129F. You only need to sign on the additional information sheet if you need more space than what is provided and you make copies of page 13.
  7. There's no guaranteed timeframe for AP, unfortunately. You'll have to wait it out. If the wait is extended, say for more than 6 months, you can try suing the consulate via Mandamus lawsuit if you don't mind the expense and (slight) risk of denial.
  8. Passport bio page only, for proof of US citizenship. Plus the pages with passport stamps (if any) from trips with your fiance, for evidence of in-person meeting.
  9. *** Moved from IR1/CR1 Progress Reports to the regional forum, for Haiti-specific input ***
  10. Check the posts above by @top_secret. If you are able to see the appointment calendar, go ahead and try to book a schedule already.
  11. No idea for expedited cases. My IR1 case was not expedited. Change from "In Transit" to "Ready" was so quick, I actually never had a chance to see my case status while "In Transit". It was "Ready" by the time I got my IL in 2021.
  12. As far as her US immigration is concerned, it would be easiest to correct her BC instead of her passport. She must submit a copy of the bio page of her passport that ties in with her I-94 entry/exit record that you attached above. If she submits her original (uncorrected) BC along with that, the name discrepancy will need to be explained with a legal name change document.
  13. *** Moved from K1 Progress Reports to K1 Process & Procedures ***
  14. That's good. A record from the I-94 site with her passport number and date of entry is enough evidence that she was properly inspected and admitted. Assuming she was given the default 6 months duration of stay, she might have enough time to request BC correction before she goes out of status. From my quick google search, it seems most Canadian provinces have procedures for requesting BC correction from abroad.
  15. Travel record from here? https://i94.cbp.dhs.gov/I94/#/recent-search If it's a record from the I-94 site, that's fine. She needs official documentation that she went through CBP inspection for her current entry. Without that, she would not be eligible to adjust status.
  16. Does she have a CBP entry stamp on her passport? That could be enough to meet the requirement, in lieu of an i-94.
  17. Filing as HOH is fine if you qualify. That's how my USC spouse filed for the tax year that we got married. No negative impact on my visa process. After I moved to the US and got my SSN, we amended our filing to MFJ to get more tax refund.
  18. A legal name change document is required if the name on the BC is different from the name on the passport or any other government-issued ID. Which is the case with your wife's name, even if she did not change to a new married name. Check page 8 of the I-130 instructions here -- https://www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf She will need an I-94. It's a requirement for the I-485.
  19. It seems you did not submit the required legal name change document for your wife with the I-130 petition. Might as well submit that now with the I-485 package. The name that your wife puts on her I-485 will be the name on her EAD/AP and green card, and will be her legal name in the US. So she should decide carefully which name she wants to keep. Then she should list the other(s) under the section "Other Names You Have Used Since Birth". Whether she uses the name on her passport or the one on her BC as her current legal name on the I-485, she should correct the name discrepancy on her government-issued documents anyway. How long does she have left on her I-94? Does she have time to get a corrected BC or passport before submitting the I-485?
  20. She can try for B visa interview waiver, since she has a recently expired B visa. Make sure she lists your info accurately on her DS-160 form. MRV fee is still $160, whether her interview is waived or not. If she is approved for another B visa, it will depend on the CBP officer on her every entry to determine how long she can stay (or if she can stay at all). By default, the allowed duration of stay is 6 months, but I've seen reports here on VJ of people being allowed much shorter stays, like 2 weeks or 1 month.
  21. *** Moved from General Immigration-Related Discussion to K1 Process & Procedures *** As mentioned above, you do not need police certificates from the US, unless you are asked for court records at your visa interview. The consulate will not accept US background check documents you proactively provide anyway. They will do the US security check themselves. As for police certificates from Pakistan, they are not required for visa processing, as the US government does not consider them reliable. It says so on the Department of State website -- https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Pakistan.html
  22. Typically, the consulate automatically extends the validity of the I-129F approval for up to a year. For your peace of mind, you may contact the consulate directly to request an extension, so you will have an email trail.
  23. *** Moved from IR1/CR1 Progress Reports to IR1/CR1 Process & Procedures *** Yes, update your US address info on the DS-260 form at the consulate on your beneficiary's visa interview. Then when your spouse enters the US with their CR1/IR1 visa, remind the CBP officer at POE about the new US address. Best to volunteer the info because they don't always ask.
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