M plus D
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Everything posted by M plus D
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This is false. The receipt date of any case is based on the date they physically or electronically received the benefit request (i.e. forms). See USCIS Manual Chapter 6. For OP, this means that if the package with your forms is received November 18th, that that will be your receipt date when it is officially accepted by USCIS. However, the actual acceptance can still be a month later, on December 18th. Retroactively, your partner will be fine and not have accrued days of unlawful presence. But between being out of status and having AOS accepted, there is a slight risk. I am not sure what would actually come of it, as the chance is very, very small something will get you "caught" in that timeframe. I'd assume an immigration judge will verify whether your case had been filed before expiration of status and then all is fine. But I am no expert on that, and have not seen any people that experienced this. The instructions for i-485 are actually vague on this. I've seen people be approved with a photocopy of a certified (copy of) marriage certificate, but I've also seen people get RFE'd for the original certificate. Technically, the instructions for i-485 mention a photopy of a marriage certificate, but this is in relation to derivative applicants through marriage, not K-1. In the section for K-1 specific, it mentions having to attach a marriage certificate, but there is no mention of the word "photocopy". In my opinion, anybody who wants to be sure and can easily spare a certified copy, should send one in the application. Don't need While it is right that it is not required evidence, it is something could is likely to be RFE'd. I'd recommend that if you do not supply this with the initial application, that you gather evidence asap and upload it under your case in the MyUSCIS-account (once you have access). Regarding DS-3025 Like others have said, you can include a copy of your DS-3025. As someone who has completed a medical exam abroad (including vaccinations), your partner should be exempt from completing i-693 if filing AOS within a year of the medical. It is always good to actually be aware of all Panel Physician instructions, so you know whether your DS-3025 contains errors or not, as a USCIS adjucator has the power to overturn it if it was marked complete without actually being complete. Also note that your DS-3025 is not official evidence of the medical abroad. People add this just to judge the USCIS adjucator and show them that an abroad medical exam has been performed. It is then that adjucator's responsibility to find the medical exam in their files. If all went right, the original documents that USCIS is allowed to use were in the packet that the applicant gave to CBP on entry in the US. CBP then mails this to USCIS for them to add to your "A-file", and those are the original documents they are allowed to use. The reason people do this, is because USCIS processes a lot of i-485, and only very, very few of them have medical exams performed abroad (K-1, Refugees, and Afghan OAW-applicants). So they are often prone to just look for i-693 and send an RFE when it is missing, because they are not used to i-693 not being required. The DS-3025 will remind them of this and make it harder to miss.
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I'd agree with people who say it should be fine to respond to RFE with marriage license and the statement. Write a cover letter, explaining that the Marriage License functions as Marriage Certificate after consumption. Explain that you have an official statement regarding this and attach the statement. I'd also make a scan/copy of the statement for personal records and then send the original. Normally, sending originals is not required and not even recommended, but this is an easily replaceable document and the raised seal will add credibility to its authenticity. Make it hard for them to misunderstand, basically.
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They have a test on their website to see if your case has a chance of refusal. Now, that's already vague enough, because any case has a chance at refusal, really. However, if you give all optimal answers on their test, you will still have a relatively low "readiness score". So just based on that, I'd already say they are not trustworthy
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i765 Question
M plus D replied to Fileo's topic in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas
Yes, a lot of guides on the internet haven't updated yet to reflect i-765 now requiring a payment of USD$ 260 for category (c)(9), including the guide on VJ. It is definitely worth it, because USD$ 260 is not that high of a cost. You could recover that even if you work only one week earlier than waiting for your Green Card. From what I understand, your i-485 has been accepted already. Like CrazyCat mentions, this means you must include the NOA1 (i.e. the i-797 Receipt Notice) of your i-485. Normally people file concurrently, which means that a NOA1 of Adjustment of Status is not required. In your case, it is. See page 11 of the i-765 Instructions (link) Also keep in mind that you have to file on paper. Category (c)(9) is not elligible to be filed online, as you can read on USCIS's website (link). -
Ah, sorry I didn't realize you already had your NOA1. Regarding notifications of RFE and such: If your case number starts with "IOE09", you will receive an additional notice from USCIS with an "Online Activation Code". You can enter this code on your "MyUSCIS"-account, to add your case(s) to the account. Then you will receive notifications in your e-mail when an "Action has been taken" on your case. This could be an RFE, approval, denial, etc. Sometimes, however, the e-mail is sent out by USCIS but there isn't actually a status change. Sometimes the status changes one or two days later, sometimes it doesn't change at all because it was just a behind-the-scenes update. Other than USCIS's own system, there are third-party apps for smartphones and such. For those, it is probably best you try and find them yourself, as I don't know if I am allowed to refer to them here.
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I see some people in this thread claiming you won't need NOA2, but you definitely do. It is required as evidence for i-485 (AOS), see page 12 of the i-485 instructions: And even if it weren't required for AOS, you most certainly would want to have it for your personal administration. Also: inyour post, you claim some people "just sent the approved petition letter", but that is NOA2. So that confuses me a bit. So yes, to sum it up: Make sure you do not possess your NOA2 (so the i-797 form that notifies you of i-129f approval) If you do not have it, request a new copy from USCIS
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Sadly, you aren't really updated by the SSA or USCIS about when you are getting the new Social Security Card that you requested through the form(s). Additionally, sometimes USCIS doesn't request the new card for you at all, meaning you won't ever get a new card through the option on the form. Because of the two reasons above, you could easily wait for a card that never arrives, thus having your time wasted. Also, if you at one point do decide that the wait has been enough, you might decide to just request it yourself anyway at the SSA. However, if then suddenly the USCIS requested card does decide to show up eventually, it means you had three cards produced in a short time-frame: Your original, restricted card Your self-requested. unrestricted replacement card Your USCIS-requested. unrestricted replacement card And you are only allowed to have three Social Security cards assigned to you in a year (and 10 in your lifetime), so that is kind of a waste too. Also, even worse, if you request one through USCIS, it can happen that you get a new, second Social Security number assigned. That's alledgedly also a nightmare scenario... I'd recommend just keeping it in your own control and not requesting it on the forms. Then just go to a SSA once you have GC in hand. These days, most people have GC in hand 2 weeks after approval. Then the new Social Security card is another 2 weeks. In the grand scheme of things, that's not a long time.
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You cannot add if afterward, like others already said. However, you can keep track of your payment method to see if they have taken your payment. Once they have, you could go to the USCIS website and ask through "Emma" if they can give you a case number. I have seen this done before, so it is possible. Otherwise, it's just waiting for paper NOA1.
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You could be cutting it close, time-wise. However, it is the most efficient. Look into what the repercussions are for your Driver's License if it expires, though. States usually make you re-take tests or such after a certain period of expired license. If you go by the book, the best way is sadly two visits. One for the remaining period of your GC, and another when it is extended.
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Amended tax return with I-864
M plus D replied to Kelli S's topic in Tax & Finances During US Immigration
Pre-amended transcript seems the most safe route to avoid an RFIE. USCIS in general likes Tax Transcripts the most, because it is a government-verified document. Unfortunately, there are people who have gotten an RFIE despite sufficient income, simply because USCIS didn't feel like accepting the Tax Return with W-2. -
If the DS-3025 is marked as completed, and correctly filled out, then you should not have to repeat anything for AOS. If COVID vaccines weren't available in the country and you get a "Blanket Waiver D", you are in the clear. A blanket waiver basically means "This person has a reason to not have started or finished this series of shots at the time of medical. We trust in good faith that they will finish any shots they need in the US, if they can, but it is up to them". Rest assured that if you still get an RFE for medical, it is most likely due to one of the following three reasons: Your DS-3025 wasn't correctly filled in (some shots or blanket waivers were missing, despite the entire DS-3025 being marked as "completed"). This can happen, because panel physicians make mistakes and are sometimes not up-to-date with all the instructions and addendums. This means you get an RFE for the vaccine portion of i-693 only. The adjucating officer wasn't aware that you had a medical completed abroad and is under the assumption you were obligated to complete an i-693 as well. Mind you that this reason is why it is recommended to attach DS-3025 and a statement to your AOS package, because it'll give the adjucating officer a subtle reminder that a medical exam has been performed abroad. If this happens, you will likely be asked to do an entire new medical exam, instead of just the vaccine portion. Another way to have to repeat an entire medical for AOS, is if your medical forms file didn't make it to USCIS. This can happen, because your medical is inside the package you hand over to CBP at entry, and they send it to USCIS. This can go wrong in multiple ways: CBP didn't ask for the package and you didn't hand it CBP didn't send the package to USCIS The package was sent to USCIS but was lost in the mail
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Hi Taylor, To keep things simple, your category for the EAD is (c)(9) "Pending adjustment of status under Section 245 of the Act", yes. You are also correct that you are NOT filing your i-485 under section 245(i). However you ARE filing under section 245 in general, just not that specific subsection of it (subsection (i) of section 245). Also, keep in mind that fees for i-765 (EAD) are halved when filing for category (c)(9) with a pending Adjustment of Status. You pay only USD$ 260 instead of USD$ 520 (source).
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You're correct that the left hand often doesn't know what the right one does. And it is definitely worth adding with a statement if you have it. It is just that panel physicians also make mistakes a lot, including at times not providing a copy of DS-3025. It is an important distinction that it is recommended, but not required. It should be made clear to people that if they did not and cannot obtain a copy, that this does not mean they are lacking any officially required evidence for AOS. Rather, they can replace it with a written statement that an abroad medical had taken place, and it serves the exact same purpose (i.e. the adjucating officer being made aware of the K-1 excemption due to medical performed abroad).
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Just to clarify: it is not necessary for AOS that you have and include a copy of DS-3025. It is not required as evidence. One reason to have it, like mentioned in posts above, is so you can review the DS-3025 yourself and see if it has been marked as completed or not. People also include it in the AOS application as a subtle reminder for the adjucating officer that an abroad medical has been performed. However, USCIS should have gotten the originals from CBP (after they themselves took it from visa holder at port of entry). Your copy is not a deciding factor evidence-wise. In fact, if the package from CBP was not sent or lost, USCIS won't take your copy of DS-3025 as evidence. You will still need to repeat medical inside US through Civil Surgeon and form i-693. In short, you only need to re-do medical in US if: your DS-3025 wasn't marked as complete, which means you must do the vaccination portions of i-693 at a Civil Surgeon in the US for AOS OR if your entire medical was somehow lost between CBP and USCIS. In that case, USCIS will ask you to repeat the entire medical at a Civil Surgeon (form i-693), because they do not have the original results of your medical abroad. OR LASTLY if you file AOS more than a year after your medical exam abroad, then the validity has expired for AOS excemption purposes, and you must repeat an entire medical exam. If you do not have your DS-3025, just add a statement in the file that you've completed a medical abroad. That serves fine as a subtle reminder too, really. If they have received your medical results, and process correctly, you will find out whether your DS-3025 was marked as complete or not. If it's complete, there will be no RFE. If it is not complete, you get an RFE.
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You did not specify any other timeframe, which makes it a statement about the present. Also, if you believe that that is a factor for accuracy, why didn't you ask OP when the medical exam was performed? You are the one who initially failed to ask this and take it into consideration. That is, if you were truly considering that at the time. To me, it looks like another attempt to retro-actively legitimize misinformation. You also didn't specify whether you meant a Civil Surgeon's instructions or a Panel Physician's instructions. Yes, they differ. Perhaps, if you do not want people to make wrong assumptions about what you mean, you should try to be more precise with your information.
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A-Number Mismatch
M plus D replied to Vulpis's topic in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas
I understand that most people come from a good place. I know that there is a lot of good information here, including tips about credit card being less reliable, as you mentioned. I also understand that a lot of people spread misinformation, and that this is double as dangerous when coming from someone who is a moderator and argues strongly about it. I see no argument in the slightest for getting someone else's A-number or such by user-error. I really do not. I also would like to point out that just below this post, there is a post of someone else missing their biometrics due to their letter arriving after the actual scheduled date. The same person replied in that thread and should be aware that this can happen. Only to then have them disregard that thread and claim in here you should always wait for the physical mail, all-the-while trying to convince people to not do something perfectly safe that could prevent this. This sounds to me like someone who either does not connect the dots or who will compartmentalize their experience per thread to win "challenges". To avoid going too off-topic, I will only add that RFEs for e-files do refer to being able to respond online, and people have successfully used it. Both physical and digital have their advantages, and it everybody's choice to reply as they see fit. -
COVID requires ONE updated 2023/2024 formula COVID vaccination per current instructions. That is, for not immunocompromised persons of ages 12 and above. Exception: when never vaccinated before and being vaccinated with Novax vaccine, you will need two shots of 2023/2024 formula Novax. Keep in mind that these are the instructions that Civil Surgeons have to follow for COVID vaccines: Clinical Guidance for COVID-19 Vaccination | CDC The reference to the above CDC page is also found on the COVID section of the official page for Civil Surgeon Medical Exams: Vaccination Technical Instructions for Civil Surgeons | CDC
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A-Number Mismatch
M plus D replied to Vulpis's topic in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas
To start, lets clarify that an online agent in EMMA can only provide an Online Activation Code, they cannot generate it. Once the OAC is given, you gain access to that Applicant's online environment for those cases. If this was a completely different immigrant, the biometrics notice in the online environment would've had a different A-number and different name/DOB. Seeing that this isn't the case, obviously USCIS somehow assigned a duplicate A-number for the same person. To clarify, the keyword you highlighted is "eventually",, regarding the timeframe someone getting their Biometrics notice. You didn't quite articulate what you meant with the highlighting, so let me just make a general statement: Biometrics appointments for AOS are often scheduled 3 week out, but I have seen the occasional 2 weeks. This is a very tight timeframe for some, especially considering mail can get lost. It is much safer to contact the EMMA representatives to ask for your OAC as soon as possible, so that you may access the digital version fo the biometrics scheduling letter. And yes, in case you know, the biometrics notice in the online environment is not exactly the same as the physical one mailed to you. However, they accept them as Application Service Centers, something I have done personally. If they receive a physical biometrics notice with the correct A-number, there would be far bigger implications. The existence of two biometrics for the same person, differing only by A-number, would mean there would have to be two duplicate AOS filings for the same person, with duplicate biometrics notices and duplicate MyUSCIS-environments. All differing only in the A-number. Furthermore, OP mentioned that the AOS NOA1s did show correct A-number. Therefore, if the Biometrics notice is visible for them in the online environment under the i-485, which does have the correct A-number, clearly the two A-numbers are connected to the same case. This means that the above theory of "everything might be duplicate" doesn't fly. Lastly, quick search on Google already shows that USCIS does assign new A-number to people at times, for whatever reason or non-reason. There is no need to further double-down on your stance by digging into a deeper complexity. The amount of comments someone has on a single forum cannot be directly equated to knowledge. You have what most would consider a substantial amount of posts on VJ, yet I find your knowledge on the whole lacking and bordering on misinformation. Also, what is your experience with e-files/IOE-cases? Do you keep up-to-date with developments? I have also seen you claim in a different thread that people that filed on paper but get an e-file (IOE) are somehow not elligble to respond to RFEs via the online environment, which is also not true. -
January 2022 I-129F K-1 FILERS
M plus D replied to J&D1008's topic in K-1 Fiance(e) Visa Case Filing and Progress Reports
Just received our approval: NOA1: JANUARY 20, 2022 NOA2: APRIL 18, 2023