MMRF

You file all the forms in the guide, except for 130A.

You would probably benefit from legal assistance as it seems this process is not easy enough for you to manage on your own. Your wife is currently out of status and subject to deportation. 

 Look into Utah zoom marriage instead. It's simple and accepted by USCIS.

Is your GF on a J-1 w/ a 2 year home requirement? You shouldn't make any plans yet until you have this answer.

The US gov't knows you can't get divorced in the Philippines. Her Japanese divorce is legal.

Can the bank w/ the joint account provide you something indicating that it is a joint account?

Can you just send him money and he buy it himself to avoid any hiccups?

Ask her to go. Odds are high that they will want to do the 751 interview at the same time. 

If she doesn't show, then you get put back in the queue and are waiting who knows how long.

She has a 10 year ban to face for her overstay. She needs to leave now and serve it.

We have a pre-nup and we did not include it. It's none of their business and it's not required.

Can you get a i-551 stamp in your passport?

She is allowed to use the tax credit, just not Medicaid. It's not "public charge". 

https://www.healthcare.gov/immigrants/lawfully-present-immigrants/

See about having her added to your plan the day she arrives-call the marketplace in advance to see how to do that. If she has to buy her own plan, only do it through the marketplace, not privately.

You don't want her to be without insurance.

1 hour ago, appleblossom said:

 

No way of uploading evidence on my USCIS account. It was literally just another way of checking my status, nothing else useful at all on there. Only CEAC showed me documents etc. 

 

Idk, I uploaded additional evidence to mine. 

I think people are being dismissive. OP should be able to access their account, period. Yes, they can check it externally but maybe they have their own reasons, like uploading evidence. I only received emails and my husband received a mix of emails and text messages so it's important to keep your contact info updated.

You should be able to get the access code. I never received mine in the mail so I made a request and they sent me a new one. 700 days with no word is way too long, something is wrong.

Are you using the right receipt # for the right user? For example, if you are the petitioner, you are only allowed access to the 130. If you are the beneficiary, you are allowed access to the other forms. Perhaps you're trying to get something you're not "allowed" to have.

It's unlikely. If they approved and waived you in May, you wouldn't still be waiting in Sept.

https://www.ssa.gov/benefits/retirement/planner/credits.html

she can earn a max of 4 credits per year, taking 10 years to earn. 

You are making a bigger mess than you need to by being inactive in the process and playing the whatabout game.

File for divorce. Hire an immigration lawyer to sort out your story and amend your ROC w/ divorce waiver. 

10 minutes ago, Boiler said:

Well California and NY are so of different, so if he immigrated he could get the Medicaid from pretty much Day 1. But that would take a couple of years.

He's not immigrating though. He's just looking to visit. If any tourist could just hop on these, don't you think they would dip in and out of the US and get 10's of thousand of dollars in treatment for free?

Edit: I think OP is asking about a tourist visa for medical purposes but it's not actually not clear if he could be asking about expediting permanent residency for his father.

6 minutes ago, Crazy Cat said:

He cannot get medicare/medicaid as a tourist.

 

Yes, he can....self-pay is always an option....but would be expensive, I agree.

What? These are social service programs that one has to qualify for, you can't just randomly buy them.

He cannot get medicare/medicaid as a tourist. It will no doubt be cheaper for him to obtain care wherever he lives.

It means exactly what it says. They're telling you to mail the evidence to them and put the RFE on the top of the pile of evidence, in the envelope they sent you.

On 4/24/2023 at 2:13 PM, Obliged9127 said:

 

• 2 years of joint bank statements showing direct deposit of our salaries (~48 pages, two per month)
• Rental receipts of the past year (12 pages)
• Affidavits from my parents, my cousin (her best friend), her brother, and our friends (5 pages)
• Joint lease agreement (~10 pages + addendums)
• My credit card statements with her as an authorized user (~2 years worth) (~48 pages)
• Her name on my notarized Advanced Directive, signed ~1 year ago (~7 pages)
• Pics (too many to count)
• 4 sets of hotel, travel records when we went on vacation together (~8-10 pages)

 

 

Here's what I would send if I were you  ⬆️

Limit to:

-photos, less than 10, mostly w/ other ppl incl. 1-2 from wedding

-affidavits from 1 family member and 1 friend

Any other joint financial stuff? Insurance, loans, cellphone, beneficiary, etc.

Quote

15 hours ago, Boiler said:

The best case scenario for him is to keep in status, so the F1 is what he is on, otherwise he is solely reliant on adjusting through marriage. So I see where the Lawyer is coming from. 

 

Obviously not everybody is able to take the best scenario.

 

15 hours ago, Chancy said:

 

I also think that the advice to stay in school is meant as a safety net for your husband, so he can remain in legal status in case his AOS is denied or you divorce.  But if you two believe those are unlikely, then there is no reason for him to stay in school if he doesn't want to pursue further education.

 

I understand the safety net logic. What doesn't make sense about this is if he is in fact denied, for whatever weird reason, he would not stay in the US. It seems fruitless to just go back to F1 until what, forever? Until he dies? That's just stupid. Wouldn't he go back to his home country and apply for consular processing instead if that's an option? Or just give up I guess. 

I suppose my question then really is does completing the intended F1 program and then not enrolling in further education, therefore no longer being in F1 - might that jeopardize the AOS? Will they look at his path and say "oh well even though you did the education you said you would, we feel you should have re-enrolled until we got around to your application", more or less. 

And if so, all of those question I asked in my original post above apply.

2 hours ago, OldUser said:

Hi, is your husband eligible for OPT?

It would be a good option in my opinion.

No, he is not.

Background: I am a USC petitioning my husband who is F1. The 130/485/etc package was sent in January 2023 and priority date is current. No movement except for biometrics. We met after he arrived on F1.

My husband will complete his edu program next month however our lawyer is giving confusing advice. She says "you should keep going to school during AOS. Don't stop going to school." But she doesn't explain or offer any more info.

He is not dropping out, he is finishing his program.

I thought as long as he completed his F1 program, there should not be an issue adjusting as he followed through with the original intent of the F1.

Questions:

Does he have to enroll in more school or no?

If yes:

What about when his EAD arrives? He would begin working, which invalidates his F1 correct? So this conflicts with the "keep going to school" advice. We assume he will not receive or active the EAD anytime soon anyway, possibly not for many more months.

If he does have to enroll in more school until his GC is approved, does he have to finish that program too or can he stop going once the GC arrives?

Wouldn't enrolling in another edu program be considered F1 fraud as he now has immigrant intent b/c he filed for AOS?

We can't afford to pay for school for potentially another 2 years. Would this be taken in to consideration?

I believe the lawyer is advising him to stay in school in case of GC denial, he would have F1 as a safety net. But we don't really foresee a denial, our case is strong.

If he is in fact denied, he'd have leave the US anyway. There is no point in remaining on F1 forever. 

Please help me understand what he is supposed to do next. Thank you.

I'm sponsoring my husband and am self-employed (and have been for 17 years). We worked with a lawyer to prepare our package (130, 485, etc, etc) and they submitted 3 yrs of full accountant prepared tax returns (with all supporting 1099's, etc) plus 12 months of of statements for all of my bank and investment accounts for assets (talk about a lot of paper). The lawyer said we don't need a joint sponsor but I'm not so sure. They did a poor job so I don't trust them.

I made over the required amount for a household of two in 2019 and 2021 but not in 2020 b/c well, you were all there, you saw what happened. 2022 taxes are not ready yet but I will again make more than enough. My total assets fall just under the requirement at 65k, but we also included his assets which puts us over the baseline. I've read old threads about self employment and the info is conflicting. I am concerned that the lawyer did not ask me to write a "letter of employment" for myself or provide any business license or anything else. 

Should we line up a joint sponsor or are we probably ok?