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tomscan

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Everything posted by tomscan

  1. Oh, they have looked at it, and already requested additional info that we sent. we're at the Biometrics appointment (if necessary) stage. It's the waiting game. Im just wondering if producing something that isn't required -- such as an ITIN -- could be benefiical -- or if slows it down. I've just heard from an expert who said "don't send anything they don't ask for." -- so we might just hold that doc for now.
  2. So, is there a consensus here as to whether uploading a one page document of "unsolicited evidence" - particularly the ITIN letter that we received from the IRS - would be a help or a hindrance to the approval process? I married a foreign national, who is applying for permanent residence, etc, along with our 10 year stepdaughter (also foreign national, current visa holder) ITINs are super easy to obtain, and my gut feeling is that USCIS couldnt give a sh*t, but I hope I'm wrong. Were I an USCIS case reviewer, I would be like, "ok, this proves they're filing tax returns as a "married" and with a dependent, and thus are a legit relationship/case." But my worry is that they slow down our review, despite the fact this is a simple one-page letter from the IRS Thanks for any feedback
  3. No, I clearly stated that she currently has an F1 Study Visa, which she has had since 2019. It expires on 9/30. From what I gather above, she cannot leave the U.S. and then return home (because the US is home) again at this time, unless without some authorization. (I dont think AP is the only option, but that's a different topic.) Thanks for feedback advice. T
  4. Hi - Her student visa expires on 9/30. Our plans are to continue to live here in the U.S. and pursue path to citizenship (most importantly, the auhtorization to work.) We are simultaneously filing the (rather ridiculous) triumphervate of forms - I-485, i-765 and i-864
  5. Hello, I am a US citizen and have petitioned for an I-130 for my wife who is here on a student visa. OUr case is pending. Can she travel outside and back to the U.S. at this time? We were told two different things by different lawyers - so I thought it would be good to get some other viewpoints. She really wants to go back to her home country for two weeks to visit family she has not seen since she arrived 5 years ago. (she arrived to the U.S. on a B2, then did an AoS to F1, hence her travel restrictions.) Thanks
  6. Hi In the questions about the Petitioner's (me) and the Spouse Beneficiary's parents, if they are deceased, should we type in DECEASED in the "What is their city/town/village of residence?" - and for the Country of residence- as this has no option to type in that word, should we leave blank? Thanks
  7. I am filing a I-130 for my spouse, who arrived initially on a B2 and then soon thereafter did AoS to F1. Regarding the question of her " Class of Admission" in the I-130 (the "Immigration Information" section), should we put the "B2" or "F1"? she has not left or reentered since doing the AoS I have seen conflicting opinions on this. IT would seem lofical to do the original, B2, but her status is now F1 and that is what granted the current stay. Thanks for clarification.
  8. Hi I am submitting an I-130 for my spouse (also my beneficiary) and I'm stuck on a couple of confusing questions. First, we currently live together. It is our first time living together. So, the question "Where did you and your spouse last live together? If filing for your spouse, provide the last address at which you physically lived together. If you never lived together, type "Never lived together" in Address line 1." The last sentence is confusing - because we currently live together - which they will be able to see when they compare the addresses we state . But we never lived together BEFORE our current status.Should I put "Never lived together" in Address line 1"? or put our current address? "Travel Document" - For the question, What is the beneficiary's Travel Document number? I gather the "Travel Document number" is NOT the same as the Passport number? On her I-94, the "Document Number" is in fact the same as her Passport #. However, the I-94 admission number is different. She arrived here with a B2 Tourist Visa, and then did an AoS 6 months later to the F1. Where does the beneficiary currently work? If the beneficiary is currently unemployed, type unemployed in name of current employer. As you all know, F1 students are not allowed to work. But they are not technically "unemployed" - so Im not sure how to respond to this. (Another example of these forms simply not having enough options!) Thanks for any and all suggestions / enlightenment. BTW - yes we are working with a person on forms - but its expensive ,and this I-130 is "supposed" to be the easy one. LOL! Trying to find affordable consult on this process is another issue. -- Tom
  9. I am submitting our applications I-131 (and 131) , 485 and 765 for my wife's AOS and EAD etc. (she is F1 student, I am a USC, and we married last year and want to get the work permit and permanent legal resident process MOVING. But, an immigration specialist informed me today i ALSO need to include the I-864 form. This is the first i've heard of this, and I want to get feedback - because he is charging us a fee to review documents on a per-form basis. 5 forms at x$ per form. He also said supporting documents such as divorce agreements and birth certificates must be translated from portugese to english and certified - also at a cost. I dont know, this seems a bit sketchy - given how simple and obvious these documents are. I mean, they're dates, hardly epic poems written in an ancient language. But, we're talking about bureaucracy, so likely it's true.
  10. Hi, I received numerous responses here regarding our AOS/ EAD / Green card application process - and I've got one particular query regarding I-765. My (now) wife arrived here in 2018 on a tourist visa, then adjusted to F-1. We marreid last year. So we are planning to submit the I-131 / I-485 / I-765 documents, but it's confusing as to what eligibility category we should note for the latter (I-765). There is no specific category for F-1 spouse of US national (which I am.). The closest is the (a)(9) category. 2. K-3 Nonimmigrant Spouse of U.S. Citizen or K-4 Dependent--(a)(9). File Form I-765 along with evidence of your admission (for example, copies of your Form I-94, passport, or other travel document) and your K visa. But, she is not K-3 / K-4, she is F-1. Any thoughts? Thanks
  11. Thanks for the advice. We got the I-131 / -I-485 / I-765 almost completed. But we can't seem to determine our I-765 eligibility category, and it seems like it's the (a)(9) category, but she's F-1, not K-3 or K-4. So the research continues! 2. K-3 Nonimmigrant Spouse of U.S. Citizen or K-4 Dependent--(a)(9). File Form I-765 along with evidence of your admission (for example, copies of your Form I-94, passport, or other travel document) and your K visa.
  12. We didn't meet until 2 years after her arrival, so she did not intend (nor expect) to get married or immigrate here. One thing led to another, as they say. And, of course, she can't work now as an F1 - so the sooner she can be a legal permanent resident, the sooner she can work! T
  13. Hi I read this WARNING here and am trying to make sense of the i30 process: "If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US." https://www.visajourney.com/guides/i130-spouse-inside-usa/ I am a native US citizen, and recently married a foreign national who came here in 2018 on a Tourist visa, then soon thereafter converted that to a F1 student visa, which is valid through September 2023. We met with an immigration lawyer who mentioned nothing about the need to return home abroad. We have all the evidence and supporting documents and are just about ready to file, but these kinds of warnings are troubling. The fact is, she CAN'T return home abroad without a "permission to travel" - which is ONLY granted once an i30 has been submitted (F1 stduents cannot leave the US if their change of status was obtained in the US. They can only travel freely if their F1 was obtained in their home country) . So, what the heck? Any advice is greatly appreciated!
  14. Hello, Just to confirm what I think has been said, it is NOT necessary to have a passport photo taken at, say, CVS? An applicant can have the photos taken at home so along as it follows/meets the USCIS requirements (i.e., size, quality, lighting, etc)? NOt that going to CVS is that difficult, its just one less thing to worry about. Thanks
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