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M plus D

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Everything posted by M plus D

  1. I think personally that you are the one who is failing to take context into account. The OP posted originally in an Adjustment of Status subforum. The procedures discussed there are mainly concerning USCIS, as USCIS processes adjustment of status. And therefore, when an Affidavit of Support is mentioned there, the natural presumption is that it would be handled by USCIS. OP then mentioned also "Visa", "Family Visa", and "Visa Denial". Firstly, a fiancé(e) visa is not a family visa. Secondly, when you are adjusting status from K-1, your visa has already been approved and used. So how can someone be afraid to have their visa denied during Adjustment of Status? Naturally, at the time, the question thus was: is OP accidentally posting about a Visa process in a subforum about Adjustment of Status OR are they using wrong terms and and are actually in Adjustment of Status? Hence my trying to pinpoint where the confusion stems from. Because there is no point in helping without clarity. Now the posts have been merged. However, both posts were actually in the wrong subforum still, as the post is not regarding an IR-1 / CR-1 spousal visa.
  2. Before the topics were merged, the one I replied to was in the K-1 AOS subforum. So I hope you can see it was contradictory.
  3. Currently, all i-129f petitions are processed in the California Service Center. The only exception is that i-129f filed by a petitioner that has AWA-related history, will be transferred to Vermont Service Center. In the past, it was California, Texas, and Vermont. Vermont had stopped processing i-129f first, and later Texas also stopped processing them. The list you linked is for immigrant petitions, whereas i-129f is technically a non-immigrant petition. Also note that the page was published in 2018. A lot has changed since then, so it is good to double-check using more recent sources.
  4. Note that there is currently a significant slowdown in the processing of i-129f. The amount of petitions processed in September 2024 are not even a third of those processed in May 2024. This is according to websites that analyze data from USCIS API. Why is this happening, you ask? Of course we cannot know for sure. We do know that the adjucating service centre in California (CSC) has recently moved (source). This could be cause for a temporary slowdown. This same service centre has allegedly laid off around 400 workers. However, sources are scarce and differ on how many people were laid off, what their work entailed, and if they are being replaced or not. Finally, we know USCIS needed to be within a certain average processing time in order to increase their fees. Now that the fees are increased, perhaps this removed incentive to keep up the same processing times.
  5. I am a bit confused, perhaps you can clarify. You claim that USCIS allowed your application to progress due to the Joint Sponsor. So to me that would mean you already have submitted their i-864 with all required evidence, and that USCIS has accepted it. Is that correct? Now, you also say that you need "updated" tax documents. You should not need to update i-864 every time new tax documents become available. Can you explain the reason behind wanting to update the tax documents? I also see that you talk about "Visa", "AOS", "interview for Family Visa". Where are you exactly in what process? Are you having a Visa Interview or AOS interview? AOS is not a Visa, so this is confusing to me. Are you arriving or did you arrive on a "relative" visa or fiancé(e) visa?
  6. A lot of companies have automated retries for credit-cards, I presume that that is what you experienced, but I do admit that the timing of just a minute after your response is fast. However, OP's picture for example clearly states that the bank won't let the purchase through unless tried again. Regardless, USCIS, sadly, doesn't retry credit cards (source). And I've not seen personally anybody experience USCIS payment going through after an initially declined credit card payment.
  7. That is correct, like @OldUser has already pointed out. Part 1, Question 27 would be "Out of Status", because you are currently no longer in status. That is also correct, you must answer "Yes" to Question 17 in Part 8. You have overstayed your i-94, so you have violated the terms and conditions of your non-immigrant status. You can do this if you want. Always be honest and truthful with whatever you want to note. Marrying your petitioner within 90 days grants you the ability to file for Adjustment of Status. These are separate terms from overstaying. But overstaying is still very much a violation of terms that apply to those who arrived on K-1. Keep in mind that overstay is very, very likely to be forgiven for you, as the spouse of a United States Citizen. There have been people who arrived on K-1 and didn't adjust for years and their overstay was forgiven. I have never read about a K-1 AOS being denied due to overstay. This ability is also mentioned in the USCIS policy manual (source).
  8. This happened to you with USCIS? I ask because USCIS doesn't retry credit cards when declined, per their own information (source). And if declined, a card would have to be retried when the user removed the fraud flag.
  9. If there were any reasons to reject the application, they would not have tried to charge the credit-card. They only charge fees when they deem the application acceptable. So it is actually the other way around: the payment is processed last. Of course you can still get a Request for Evidence later on, but that's is very different from the case being rejected fully.
  10. Yes, you are allowed to hand-write answers, and indeed only with a black pen. You can find all filing tips on the USCIS website: Tips for Filing Forms by Mail | USCIS
  11. A personal check is fine. Be sure to follow payment instructions for checks on the USCIS page: Filing Fees | USCIS There is no need to add a cover letter explaining a previous rejection due to payment, don't worry. So, a little bit about how rejections work: They do scan your entire application and give it a case number. Once they find that it is not acceptable, they reject it. You get sent back the packet , and they will add to it a green slip and explanation about why it was rejected. They prefer that you wait for the rejected packet, because then you can see their exact instructions regarding what needs to be fixed. Also, you would then add the green slip ontop of the fixed packet when you send it back. Once they accept it, you retain the Case Number. Does that matter much? Not at all. The Case Number retention does very little, and your NOA1 date will still be the date they received the fixed packet, not when they received the rejected packet. So if you truly know what went wrong, you might as well send a new one ASAP.
  12. How long it takes to get your packet back, can vary wildly. Resending the application before receiving the rejected one has no downsides, since you already know what you need to fix. I'd recommend using a check for payment. They are only withdrawn from your account when they are cashed, and USCIS tries to cash them a second time if they are not able to the first. Credit Cards on the other hand tend to get denied and USCIS does not try to charge it again. Money Orders are prepaid, so they cannot bounce, but you are out of the money immediately. In most cases, that isn't an issue. However, if your packet is rejected for a different reason and sent back and lost in the mail, which can happen, you will might have a huge hassle trying to get the money from the Money Orders back.
  13. This is the right answer. To claim that what the SSA told OP was correct, is a simplification bordering falsehood. The SSA was wrong. But it is indeed the far more superior option to apply before marrying if you are planning to change your name. They should try a different office or stand their ground regarding their elligibility. Otherwise, the work-around might be to apply with the previous name that is on Passport, Birth ertificate, and i-94. Once you receive your card, immediately go to the SSA with the marriage certificate and other required documents for the name-change. If you are still within status, the SSA must process the name change. If you are out-of-status, you cannot change it until EAD/GC. See SSA instructions (source) : It's convoluted that some SSA's won't process the name change with the initial application, but alas.
  14. Just to simplify: you are allowed to file i-485 and i-765 together. Think of the USD$ 260 price being for two type of filing: Filing with a pending AOS Filing together with AOS, which counts as filing with a pending AOS You can see in the instructions of i-765 you are allowed to file this specific (c)(9) category together with i-485, and the category decides the price:
  15. It is rather odd to be advocating for attachment of a photocopy of DS-3025 but against attaching evidence of shots post-medical, in a single post. Both are the same level of unnecessary when it comes to official evidence. Neither a submitted photocopy of DS-3025 nor individual receipts of vaccinations can be used by USCIS as medical evidence. They are only allowed to use the medical forms that are part of your A-file. However, both can serve a different function: Inclusion of DS-3025 reminds adjucating officer that a medical abroad has been performed, reducing chance of an RFE for medical exam/vaccination history (i-693). Inclusion of evidence of continued shots after medical could possibly help create good will toward you from the adjucating officer. The US government assumes on good faith that you will continue the shots you still need post-exam, and you provide evidence that you have. I would also recommend not using "VJ Search Bar" to find out whether a DS-3025 is correct or not. The instructions for Panel Physicians are ever-changing, and old posts could be misleading. For example, pre-2019 posts could leave out COVID requirements, and other older posts could leave out the new Polio Addendum. Because of this, it is way more safe to take instructions straight from the source: Technical Instructions for Panel Physicians | Immigrant and Refugee Health | CDC.
  16. It sounds to me like DHS didn't properly update your status in the SAVE-system, and the Social Security Administration have sent a request through SAVE for DHS to manually confirm your current status. If that is the case, you can check the current status of the SSA's request here: SAVE - CaseCheck (uscis.gov) Most likely, you will find it under "Foreign Passport" but try other options too. If there is a case there, there are two statusses: * Returned to Agency (this means DHS has given their answer to the SSA, but unfortunately you cannot see what they said. Contact your SSA to ask about our application) * Case Under Review (This means DHS hasn't given an answer to the SSA yet)
  17. If they are truly unable to get a SSN in time, then yes, they will have to wait for either the Green Card or Employment Authorization Document (i.e. EAD from form i-765). I would recommend trying as hard as possible to get it while on K-1, though. Because the sooner you have your SSN, the sooner you can start building a good credit score. Also, some banks require it to open or be added to accounts, and some health insurance companies might require it to be added.
  18. This happens a lot. Sadly every Social Security Administration office (and employee) is different and some can be wrong. Technically, you are 100% allowed to get a Social Security Number after marriage, as long as you have more than two weeks left on your status. Here are some comments on reddit of people who managed to do it: example one example two In your case, I'd presume the SSA knew that she was married because of a name change? If so, be sure to bring all required documents PLUS the marriage certificate. The marriage certificate acts as proof of name change, so the SSA can match the passport and i-94 to the new name. Like one comment of the example said, stand your ground and insist they try to create it. If they refuse, try another SSA.
  19. I did add new records of my continued shots, but I doubt it was necessary to be honest. It's more of a "in case the USCIS adjucator wrongly thinks I needed to finish the shots, this will fix their mistake".
  20. I see a lot of references in this thread regarding K-1, but let's for clarity split this into two things: i-129f Visa Interview at Consulate/Embassy Like many others have already said, for i-129f the absolute requirement is proof of having met in the two year prior to filing. You do not need to proof that you met each other's families or such. For the Visa Interview, things can differ largely between countries. For example, for my country it was officially required to bring evidence of a bona fide relationship. And for this, I did actually use pictures of us with each other's families and friends. It helped legitimize the relationship, because that our families and friends knew about it. Do you necessarily need to have those? Of course not. Otherwise people without families or not in contact with their families would be denied by default. Bring whatever you can, there is nothing wrong with selfies! I've seen people add affidavits of friends, stating that they know of the relationship and that it is genuine. You can add tickets for things with both your names, showing you went together. And if you meet up again during the wait for i-129f, you can always make it a goal to get more photo's with friends or such.
  21. You mention that your husband received some vaccines, but it is not clear to me what that means. Did he receive all vaccines he was able to get for the medical exam but was medically not allowed to get them all? Or did he specifically skip vaccinations that he could've gotten at the medical exam? When a physician recommends a patient to finish the shots in the US, this could be because of two very different situations. See below: Situation A: No new medical required Sometimes, it is possible to start some vaccination series, but it cannot be immediately completed. This is because there has to be a specific period of time between the shots. The physician will then instruct the patient to complete the series once in the US. But that doesn't mean they need to do another medical once it is completed. They will simply mark it as completed and trust in good faith that the patient will finish the series themselves. You would not need to get a new medical exam. Situation B: New medical required However, if your husband rejected some shots that were required and offered at the medical exam, then they will not have completed the vaccination requirements. They will then have to re-do the vaccination portion of the i-693, as you've already concluded. This basically al depends on whether you DS-3025 is marked as completed or not. If it is, no new medical required. Perhaps I am rambling on about things you already know, and I apologise if you do, but the subtle difference can save you a lot of money. If you do need a new medical, however, it can indeed be cumbersome to find a Civil Surgeon who will do only the vaccination portion. Luckily, there is a thread on VJ where people have tried to list those who do offer that. Perhaps you can find one nearby you in it:
  22. Seconding this. 24.a-c are individual income of the sponsor. The income of their spouse cannot be taken into account. Furthermore, keep in mind that any Sponsor who has a MFJ Tax Return Transcript, must add W-2 or 1099 forms of the individual sponsor. This is so USCIS can determine the income of the Sponsor, compared to the joint income on the Tax Return Transcript.
  23. A very nice cover letter, indeed! To me, it seems like you have done all you can to minimize risk of an RFE for i-693. All that is left is to cross your fingers, haha
  24. If you married within the 90 days, you do not need to file i-130 with your i-485, even if you file for AOS after the 90 days. No, there is no reason to get it notarized yourself or such. When you request a copy of your marriage certificate at your issuing authority, they stamp a seal or such on it, thus certifying it. Note: you are required to add at the very least a photocopy of a certified copy of the marriage certificate. However, if you have extra certified copies, I'd recommend sending one of the original certified copies. Technically, it is not required evidence. However, there are plenty of examples of people being RFE'd for it, because the adjustment is marriage-based. Add as much as you can when you first file, but do not delay your filing too long over it. You can upload additional evidence later in the online MyUSCIS-account when you have access to it. Tax Returns and Tax Return Transcripts are only required for the most-recent tax year. There is usually no reason to add it for the other years, because they will judge it based on the most-recent tax year. In general, USCIS gives the most weight to the Tax Return Transcript, as this shows the IRS (another govenment agency) has actually processed the Tax Return. My personal list of financial evidence to supply with the i-864, to minimize risk: Tax Return of most-recent tax year, including W-2 and/or 1099 Tax Return Transcript of most-recent tax year Last 12 months of pay stubs There are always little extra things, so be sure to study i-864 instructions properly. Also keep in mind that USCIS is generally not fond of the use of Assets or non W-2 / 1099 income. Your medical abroad is valid for AOS purposes for 1 year after it was performed. If you file within that one year, and your vaccinations were all good, you are exempt from having to add i-693. If the one year has passed, you must add to your i-485 a fully completed i-693. That means a completely new, full medical by a Civil Surgeon in the US. As long as the DS-3025 was signed off as completed, it is all good. USCIS should have your medical documents already. They receive these from CBP, who have gotten from them from you at your entry into the US on the K-1 visa (through the packet you hand them). Note that you can add your copies of the medical files, but they mostly serve as a subtle reminder to your case adjucator that you have had a medical performed abroad. They will then have to find the original documents in your A-file to exempt you from the i-693. Yes, i-131 is optional. Yes, it is possible to file for an emergency i-131 (Advance Parole), but the approval chance is very case-specific. I wouldn't dare recommend anything. It is up to you to decide if you want to file it with AOS or whether to take a chance with emergency AP if it becomes necessary.
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