mmpv
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Posts posted by mmpv
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The green card is entirely optional - she would have a leg up on all the other aliens illegally in this country by virtue of the fact that she entered legally.
There is no deadline for filing for AOS. By not doing so, she will most likely fly beneath the radar of the USCIS and not be noticed (my guess).
On the other hand, if she WANTS a green card, it's best to follow directions and provide the requested paperwork, so someone won't have to go hunting through her file for something which may or may not be there.
If she DOES file for AOS, she may be questioned if she delayed beyond a reasonable period of time (6 months to a year), and even denied on that basis. Then, if she doesn't leave the country voluntarily, the case would be turned over to the DHS enforcement branch, ICE. She would get a court hearing, and might be allowed to adjust status anyway.
Basically, you're looking at court proceedings with the ultimate outcome up to the judge.
Thanks. Then filing anywhere in the period of "0-6" months past the I-94 expiration should be all right as long as we stay away from Arizona.
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For the I-864 if your income is more than 125% poverty-line, then don't bother sending bank statements. (I-864 specifies (copies of IRS returns, copies of recent pay stubs, and a letter from employer.))
In our case I used I-864EZ instead, I was; Not using assets (Bank Statements), Not using a Joint sponsor, and was sponsoring one immigrant my wife.
Good tip. They don't make it easy for you to figure out if I-864EZ is a viable option, do they? They only mentioned I-130 as a pre-req on page 1 of the instructions, but they do qualify I-129F on page 3.
By the way, both I-864 and I-864EZ require 1099 forms to be submitted with the current year tax form. Can you redact account numbers from those before submission?
I-134 is for showing how a NON-Immigrant will be supported while they are a NON-Immigrant. I-864 is for sponsoring an IMMIGRANT, filing an I-485 is adjusting status from NON-Immigrant to IMMIGRANT, so it REQUIRES a sponsor, and in the case of a spouse, the US Citizen (The person who filed the visa petition) MUST be sponsor, and must provide an I-864. (No I-864, NO Green-card).
Yeah, we are planning on submitting an I-864. The I-864/I-864EZ forms suggest submitting tax transcripts for the last couple of years as well. Since we already provided those during the the interview process, and I noticed they were included as part of the sealed packet they inspected and kept during the POE processing, We were wondering if USCIS will have access to that packet of info during AOS processing. If they do have access to those, then we won't bother with requesting those tax transcripts again.
180 days out of status causes a bar to be placed on re-entry, eventually so traveling with AP may be a problem when trying to return to the USA with a more than 180 day overstay, the POE may refuse re-entry.
When does the "out of status" officially begin? Is it right after the I-94 expires?
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While we are on the AOS topic, here's some misc topics.
For the I-864, they require the current year tax form and supporting docs and suggest having previous years as well. Are they really needed because we already submitted all of that with the I-134 during the interview at GUZ. I noticed these were included in the sealed packet that was ripped apart at the POE. Do our files make it back to USCIS in Chicago or wherever they are processing the AOS files?
On the topic of I-864, transcripts are not available for 2009 yet. So we'll have to send in the tax form as well as support docs (W2 and 1099s). We'll also send in bank statements, etc. It seemed GUZ didn't mind that sensitive data (like account numbers, etc.) were redacted from the support docs. Does USCIS take a similar approach or do they expect un-altered docs?
As I was reading the I-131 instructions today, there was clear language warning about being out of status (more than 180 days) and the consequences. What exactly are the consequences of going past the (90 days) expiration date on the I-94 before filing the AOS docs (but filing before 180 days past the expiration date)? Will the spouse be subject to any real danger if we filed on day 91 or a couple of weeks later than that? I've found various discussions on the matter, but haven't found any solid sources that point to something definitive.
Are there any USCIS docs that talk about this?
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List of what we are sending for a green card for my wife.
1. Copy of passport.
2. Copy of 1- 94
3. Copy Of K-1 visa
4. Copy of approval of K-1 visa
5. Certified copy of marriage certificate.
6. G-325
7. I-693
8. I-131
9. I-864
10. I-765
11. G-1145
12. I-485
13. Copy of social security card
14. 2 passport photos
I think you need G-325a as opposed to the G325.
You need 6 passport photos if you are submitting I-765, I-131 and I-485 together.
You'll also need multiple copies of your passport and maybe other reqs too, like a birth certificate of your spouse for the I-485.
What about the evidence for your I-864?
Double check the evidence sections of all forms to make sure you have everything.
Here's a good link to follow.
http://www.visajourney.com/content/k1k3aos
BTW, Where is the copy of social security card requirement from?
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Did you miss it again? (Sorry, I went back and edited my post after I found the instructions
Yes - the (very) Special Instructions tell you that
]f you filed a Form I-485[/b], Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, and you paid the I-485 application fee required, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.It's not clear why they would leave that information off of the not-so-special instructions, but they did.
Ahh, yes, just saw your update.
I saw this "special instructions" block on the I-485 instructions also. I would have expect them to explicitly spell it out in the I-765 fee structure instructions, especially when they took the trouble to update the form in Feb of this year. Oh, well. Thanks.
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They don't have biometrics for the I-131 - they simply use the photo that you send in with the application.
But, yes, the biometrics for I-485 and I-765 will be scheduled together, if they are filed together.
The AP is good for one year with no restrictions as to date, and is fairly routinely granted. You may renew every year for free, so why not keep one on hand?
We plan to get one, but was concerned whether USCIS will scrutinize the "travel plans" portion of form. I guess we just put something in the "date of intended departure" in part 3 that will just "magically" change.
Thanks.
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care to enlighten me? ;-)
Yeah - I did (2 posts up) - sorry
So I still don't get it.
So filing the I-765 would cost an additional $340 because this is an Initial EAD and category C 9 is not an exempt Category?
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Hey everyone,
Should I have my wife sign her name in her native Chinese characters or sign in English on all the applications? If she signs in English then she will only be printing them because she does not know how to sign in cursive.
Thanks,
Vinny and Qing
This is kind of like the changing of the last name question for some.
A signature is a signature. There are no rules governing it. If she prefers to do it in Chinese that should be fine, but she should be prepared to do that from now on for all legal docs.
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care to enlighten me? ;-)
No - you are not renewing an EAD. You are applying for a new one.
B is asking for a copy of photo identification - your I-94 is not.
All K-1 visas come with 90 day, non-renewable employment authorization, stamp or no.
Thanks Randy.
Guess it's a copy of the Passport bio page and 2 photos then.
Another question regarding the fee.
Per the instructions:
The filing fee for Form I-765 is $340.
Exceptions:
Renewal EAD: If this is a renewal application and you are
applying under one of the following categories, a filing fee is
not required:
5. ©(9) or ©(16) Adjustment applicant who filed for
adjustment under the fee structure implemented
July 30, 2007.
There are no exceptions for category C 9 listed under initial EAD, however.
The filing of the I-765 with the I-485 should be fee free.
Am I missing something?
Yes
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Need some feedback from folks who've done the AOS AP process.
Looks like we have several options for getting the advanced parole doc. We can file the I-131 with the rest of the AOS forms now or wait and file later with proof of 1-485 submission. Both option should be fee free.
What about the biometrics appointments? How are they handled?
If we file the AP, the EAD and the I-485 all together, do they lump all the biometrics sessions into 1 or do they make you show up for 3 separate biometric sessions?
What if we do the AP at a later date? Do you have to do a separate biometric session for that if you already done one with the I-485 or EAD?
We don't have any concrete travel plans yet. ( i.e. no tickets booked, but not sure they are necessary anyway.) We are looking at the AP as an added insurance policy for use during emergencies. We already know about the EXPEDITE process and in person infopass filing, but we are trying to avoid those options since that's the last thing you want to worry about in an emergency. Can you just give them a date on the AP application that might change along the way?
How have other people done this?
Other considerations?
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No - you are not renewing an EAD. You are applying for a new one.
B is asking for a copy of photo identification - your I-94 is not.
All K-1 visas come with 90 day, non-renewable employment authorization, stamp or no.
Thanks Randy.
Guess it's a copy of the Passport bio page and 2 photos then.
Another question regarding the fee.
Per the instructions:
The filing fee for Form I-765 is $340.
Exceptions:
Renewal EAD: If this is a renewal application and you are
applying under one of the following categories, a filing fee is
not required:
5. ©(9) or ©(16) Adjustment applicant who filed for
adjustment under the fee structure implemented
July 30, 2007.
There are no exceptions for category C 9 listed under initial EAD, however.
The filing of the I-765 with the I-485 should be fee free.
Am I missing something?
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No - you are not renewing an EAD. You are applying for a new one.
B is asking for a copy of photo identification - your I-94 is not.
All K-1 visas come with 90 day, non-renewable employment authorization, stamp or no.
Thanks Randy.
Guess it's a copy of the Passport bio page and 2 photos then.
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We are filing the I-765 under category C 9, i.e., with the I-485.
First, a little background. We already have employment authorization
stamped on the I-94.
So we have a couple of questions on the required documentation to
be submitted with the I-765.
Here's what should be submitted based on the instructions.
A. A copy of Form I-94, Arrival-Departure Record (front
and back), if available. If you are filing Form I-765
under the© (9) category, Form I-94 is not required.
B. A copy of your last EAD (front and back). If no prior
EAD has been issued, you must submit a copy of a
Federal Government-issued identity document, such as a
passport showing your picture, name, and date of birth; a
birth certificate with photo ID; a visa issued by a foreign
consulate; or a national ID document with photo and/or
fingerprint. The identity document photocopy must
clearly show the facial features of the applicant and the
biographical information.
C. You must submit two identical color photographs of
yourself taken within 30 days of filing your application.
The photos must have a white to off-white background,
be printed on thin paper with a glossy finish, and be
unmounted and unretouched.
Is the I-94 with the stamped employment authorization considered to be an EAD per item B above? If so, we are going to submit 2 photos along with a copy of the front and back of the I-94 only.
Comments?
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On Part 1.
Is the "Expires on" question referring to the I-94 expiration or the K1 visa expiration date?
On Part 3.
Is the Nonimmigrant Visa Number the "red number" on the K1 Visa or is it the control number?
On the Initial Evidence Front.
We plan to include a copy of the notarial birth certificate book that we brought to the Consulate for the visa interview. Based on the instructions, the USCIS requests that "the translator has certified as complete and accurate, and by the translator's certification that he or she is competent to translate from the foreign language into English." However, there's only a line in the notarial birth certificate book that certifies that the English translation copy conforms to the Chinese copy. No other translator's certification is available. Wondering if that is sufficient for USCIS?
Do they want the original I-94 submitted or a copy?
On page 4, Item 12 B of the instructions, they want a copy of the NOA#2, a copy of the marriage cert, and "your Form I-94", (not a copy).
If you read further, on page 9, under interview, they indicate that you need to bring the I-94 to the interview.
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Congrats.
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I've had a toothache the last couple days and I hate a toothache. I have some painkillers, generic darvocet, that has been taking the edge off the pain. But my wife insist that there is another way- a better way. She wants to rub my chin to ease the pain. Does this way really work? I respect her Chinese ways but I don't think they will work on an Anglo-Saxon like me. I don't know. Maybe I'll let her try just to satisfy her conviction and to get a little "chin massage" out of it for myself.
What's the story behind this way? Does it really work?
She also says rubbing between the thumb and index finger of the right hand will help with the pain.
I'd say see a dentist if it doesn't go away. But not these. ;-)
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I'm exploring the site but am having trouble finding current posts about timelines that would give me an idea about how long to expect to wait for P-3.
I filed the 129F for my fiancee in August and in November received word that it was approved and sent to NVC, then received confirmation in December of NVC sending to Guangzhou. Since then have not received anything.
How long should we expect to wait?
Also, I understand the notice will be sent to my fiancee and a copy will be sent to me in the USA. Do I receive my copy about the same time or shortly after, or does it go in ordinary international mail and take weeks?
David (and Na)
You can call the Department of State (phone number on their website) to ask for the status of your application. They can tell you the status, whether P3 or P4 has been sent out, etc. Call them and ask. Maybe the mails got misdirected. Did your fiancee move recently but forgot to update the mailing address?
Also, there was the CNY break last month where things slowed down, so that might add to the wait.
By the way, there are a couple of pot holes along the way (where they put your file aside and audit it) that can hold you up. If I remember correctly they can do it at NVC and in Guangzhou. I am not saying this is what's happening to you, but it's something you should look into if you believe you are being overly delayed.
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So I got my notice tht my case is being passed on to GUZ a little while back, and when I went to get the notice to send the case number to my little lady... It was gone! I've torn up my house and car looking for it, and it's just not here anymore.
Can NVC give me the GUZ case number? Or perhaps resend the notice? I'd ask them, but gubmit employees don't work weekends like I do.
You should be able to call NVC and give them the USCIS case number (you didn't loose that I hope) and they can give you the GUZ number as well as current status. If that doesn't work, try DOS as Kyle suggested.
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Well if finally got here
. I think we were all a little nervous but it went great. My mom and stepfather were there as was my daughter. For those who must know....there is no party tonight, she is sound asleep since about 5pm 
http://i43.tinypic.com/hwzt77.jpg
http://i43.tinypic.com/2jbp9g1.jpg
http://i41.tinypic.com/2cwtppg.jpg
http://i39.tinypic.com/20at18y.jpg
http://i41.tinypic.com/b4sw9u.jpg
Congrats!
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Tremendous help there. Thanks, guys!
So I've got several possibilities - I can continue ordering from India, I can travel to another city in China where it is available, I can consult with a doctor who can help transition me to another medication, I can keep trying until I figure out how to buy it locally, or I can take an annual trip to Nanning (much like my annual check-ups in the US).
For now, I've got a supply through Sept., so I should be in real good shape.
My wife will see if she can get the tea
Thanks again
If you are going as far as Guangzhou, have you considered visiting Hong Kong? Unless you know someone who works in the pharmaceutical industry in the mainland, I think the quality and pedigree of the Rx you get in Hong Kong may be a more reliable option. You'll need a script from a doc in Hong Kong however.
I thought life in China would be less stressful. ;-)
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I've been using I-talk BB for over three years now. Until this year they would give you two months free if you paid a year in advance. This year they are offering a cell phone access number and 200 minutes a month of cell phone access if you pay a year in advance. We don't need the cell phone service so we're going to opt out of the prepaid plan and go with the $25 a month charge since paying in advance won't save us any money. The only hidden fee is the taxes which all phone plans have, $2.95 a month. The quality is as good as your internet connection. We have cable internet so we don't even have a phone line coming into the house. Occasionally we have quality issues but for the most part I'm satisfied with the service. A friend of ours who has Verizon FIOS says his quality is great. Every now and then I'll need to reboot the modem but this seems to be a common issue with all VOIP systems. The Chinese number to call us is free other than the same local charges they would have to make a local call. Over all it's a good deal and I recommend it for anyone who has friends and family in China.
Thanks for your comments Carl. Yes, I noticed that cell phone gimmick they are pushing trying to get you to sign up for a year in advance too. It wasn't a motivating factor at all.
I prepaid in advance once with SunRocket, about 2 weeks before they went belly up. ;-) Luckily, the credit card got my back that time. I don't think that I'll make that mistake again.
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Kyle we did not use your format exactly but it was very well laid out and organized and we used it as the basis for developing the documentation and organizational format that worked for us (one could say a Kyle GUZ Kitchen Sink with my wife's characteristics). I encourage anybody who is putting together their interview documentation to look at the link to Kyle's thread and review it.
I personally think it should pinned into a visa interview section.
Agreed, Kyle and others before him provided very useful gems.
Pinning some topics would be a good start. But it would be nice if we had a foldering system to file info regarding interview prep. and the actual interview experiences. Anything would sure beat using the search and trolling through tons of threads to find those pearls.
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I also read here, it is a good idea to keep all originals separate, such as our marriage certificates, police reports, birth certificates. True ?? or put them with the copies in an organized matter ?
lastly, is there any particular order of documents they ask for during the interview?
thanks again
Dan
I am only speaking with a K1 experience mindset, but I believe the notarized docs applies for other visas as well. All the notarized docs (police report, birth certificates, etc.) you had "prepared" by the Chinese Notary, the bounded little booklets with Chinese and English translations are considered originals. We ordered a bunch of each of these from the Chinese Notary and they are all considered originals. So I am not sure what you mean by "copies". As far as organizing them for submission during interview day, we just organized them according to the instructions. If you look at the instruction sheet that came with the last packet, you should find the listing and order. My SO didn't mention any issues with the ordering, but then again, the consulate was a madhouse on our interview day because the consulate decided to switch to using a new consolidated DS form on the fly and people were filling in new forms by the door. So best be prepared for anything to happen, know where everything is and keep a cool head.
With respect to the docs requested during the interview, everyone's case will be different. That's what makes good organization of your whole enchilada all the more important. Get a good mix (quality and breadth) of gunk that will cover your particular situation. Make sure your wife is physically able to safely maneuver around with it. Pick a filing system and get familiar with it. If you are really concerned about it, then perhaps you can hold a mock interview session with your wife, when asking her interview questions, have her practice withdrawing material from that mound.
Good luck Dan.
US to China
in Communications, Planes, Shipping & Money
Posted
Try ringing a couple of travel agents near your local Chinatown. They usually can take care of your Chinese visa needs too.