finenn
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Posts posted by finenn
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Hello,
So, my wife has received the 2 year Conditional Status, (the first officially named status after the K1 visa becomes null or void or whatever happens after the marriage--i.e., the gray area during applying).
She now has the ability to be admitted back into the US if traveling to other countries.
I have 3 countries in mind for travel:
1) China
2) Canada
3) Mexico
Does anyone know if she needs to obtain a visa when traveling into these countries, and where would we obtain them?
She's from China, I'm from the US. I know I need a visa to travel into China, but not the other 2 countries. But what about her?
Thanks in advance.
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Is there something special required to be a translator/interpreter, or would you be able to take a fellow candle-member who speaks chinese to do the translating for you?
God/BCIS only knows.
The BCIS telephone conversation I had about a week ago stated that I could not translate because I'm an "interested party". Much like a conflict of interests.
http://dictionary.reference.com/search?q=interpreter
"One who translates orally from one language into another."
So my guess is that if you meet the above qualification, AND you're not the Petitioner, then you qualify.
Of course I've been more often wrong than right in this process, because I cannot outguess illogic.
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So,
Anybody know a mandarin or cantonese translator in Portland Oregon that can attend an interview in April?
BCIS did not have any info on where to contact such a person, even though they want you to bring one.
Thanks in advance.
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My wife and I went to the Boston office for AOS interview today. The female officer didn't want us to talk Chinese at all in the office. She didn't want me to translate questons to my wife. She just want my wife to answer the questions. First she asked my wife the names of my parents. Then she asked her if she ever tried to come to USA before. My wife's English is limited and she didn't understand the question. So she told us to go home. We have to bring a translator for my wife for the reschedule interview. And we were disappointed. I thought that I can translate for her but I was wrong. I don't know when the reschedule interview will be.
I was afraid of that myself.
My letter does state to:
"Please bring an interpreter (if needed)"...
I asked Long_strider, and he said they didn't need one, and he was able to formulate the question so she could understand it.
Now maybe I will take it more seriously, and bring one to our interview.
And they didn't give you a new date? What's up with that?
BCIS: What is the problem with creating some sort of standards?
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Why are 1 thru 4 premature. This is exactly what they are looking for. How much effort to add her to your checking account and home deed or rental agreement?
My opinion is, why and how in the world would that have anything to do with "Evidence the marriage was entered in good faith" ?
http://dictionary.reference.com/search?q=i...%20good%20faith
"2. The assent of the mind to the statement or proposition of another, on the ground of the manifest truth of what he utters; firm and earnest belief, on probable evidence of any kind, especially in regard to important moral truth."
No one equates money & assests with faith to me.
I understand the political or societal reasons why they (BCIS) would think so, but they're wrong.
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Long_strider,
Thanks for both replies.
I sort of figured as much, but as usual, any paperwork received throughout this process is rather vague and unclear.
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Another statement on the AOS interview appointment letter
"...You must also provide: Evidence the marriage was entered in good faith."
(yeah right, I went through all the K1 hell because I like excruciating mental anguish)
Examples they list:
1) Rental agreements
2) Mortgage agreements
3) Joint bank accounts
4) Proof of joint property ownership
5) Health Insurance
6) Birth certificates of children
7) Utility bills
First of all, #1, 2, 3, 4 are a bit premature, and we don't have.
#6 is N/A, and #7 I never thought was necessary, and may be too late, now.
Called BCIS, they said:
#5 would help (since I actually just added her, but couldn't before because of new job). Also 2003 taxes, (if she's on there, and she is), and school documents for our son.
But all 3 of those docs may/may not be enough. Very elusive she (BCIS) was on the phone, and would not give a comprehensive list. (said they don't have one). She concluded that the interview officers are very well trained, and can spot fraud with or without these docs.
Also said unlikely she receives a card or passport stamp(?) at this interview, they likely need more time to research?
Anyone gone through this as well?
Thanks in advance.
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So,
Received a letter from BCIS for an AOS interview.
On the front, it says:
"Please bring AN INTERPRETER (if needed),"
Called BCIS, and asked what kind of questions would be asked to require this. They said maybe they will separate us (seeing as I must attend as the petitioner), and also I cannot speak for her if she cannot understand something.
Ok, so I'll have to find someone to take time off to do this.
Has this happened to anyone?
Thanks
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finenn,
Hmmm, that is one law that seems to have changed since I was growing up..... I hope that doesn't date me too much. But, I thought most of my friends were applying for their SS# during high school.
What happened was, they were both born in China. Now they are both here. He is six years old now. When I applied for the K1, he sort of tagged along with a K2. Out of all the paperwork from I-129F to visa-in-hand, somewhere unbeknownst to me, she had applied or requested (or something) an SS# upon arrival. His docs apparently did not make such a request. So, while at the SS office, they told me she could get an SS# since she applied for one somewhere. He didn't, so the office said he must wait until the AOS interview, then he can apply. It made so much sense to me I had to shake my head yes like I understand all the little processes and reasons why they deliberately personally irritate me.
If you have to declare world-wide income. I presume that you would also be able to deduct world-wide taxes paid.hmmm,
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A letter from her employer, on company letterhead, stating her income per pay period, total income for this calendar year, and employment dates for this calendar year will suffice.
I can probably get this, but god knows how long it may take to arrive. Also, the IRS really wants to see chinese documents?
You claim her income then hers can be excluded with Form 2555 (up to the equivalent of $80,000 USD).So I include her income, then exclude it?
For my wife, I simply took her Chinese passport and our marriage certificate to an IRS agent who signed off on the W-7 and forwarded to the appropriate office within the IRS for processing.Well I always do my own taxes, I guess an IRS agent is not free, right? So that means making notarized copies of his passport/visa/whatever--I'm finding some notaries will not notarize certain documents. Why is this so difficult?
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I have a couple tax questions, did a little searching on this site and didn't find much in the way of tax questions, probably because of the myriad of different filing statuses.
So, let's see, married filing jointly, just myself, my wife, and our son. They arrived here in September, married in October.
1) If she had any income in China, must I claim it? If so, what is the equivalent of a W-2?
2) Can I claim both of them for the entire year of 2003, even though they did not arrive until September?
3) Has anyone filed the W-7? It's a form for people who cannot yet receive an SS#. I was told I have to wait to apply for a real SS# for our son until the AOS interview. She has an SS# now. I'm guessing I need to file this form now for our son, since I did not request to apply for a SS# for him during the visa process. (Like I knew everything!).
Any other gotcha's that others have been through is much appreciated,
Thanks
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Well, my local office number, Portland, OR., is the BCIS 800 number it seems, and the service center directs me to the BCIS 800 number.
So, the final answer is from the BCIS 800 number:
1) Need to include the Vaccination Supplement with the I-485?
No. Bring to interview. Damn, and I have a feeling that sealed envelope has a date which may expire by the time she gets an interview.
2) Include the I-765 (EAD) in the same envelope as the I-485?
Yes. Do not send the I-765 to the Service Center.
3) Send finger print fee now, and as a separate check/money order?
Yes. Even though the appoitment for the finger printing is later, send the money now, as a separate check/money order.
Money and paperwork, whatever makes them happy.
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I'm still reeling from the fact that the BCIS site listed in another thread reveals that the Atlanta Center is currently processing AOS applications received June 26, 2001. Jeeeezzz....
Mick, what are the problems and issues if it does take that long? Just asking, because I really don't know. She is already here, is she not? So it's not like the K1 wait?
Also I'm thinking we will just apply in person, maybe that will solve a lot of "where do we file... ." issues.
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With all due respect, I don't quite understand why all the fuss about the AOS approval.
I thought that once the AOS had been received, then she is officially "Adjustment of Status Pending", which I thought meant that she is safe from deportation??? Well maybe not deportation, then what?
I am also under the impression that if the AOS approval takes longer than 2 years due to the BCIS, this is not cause for deportation either???
bobmal99, or am I wrong, and she is on the brink of becoming deported because of expiration of some timeline, (which I'm not familiar with)?
Thanks
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Some AOS filers, or just suggestions, have stated that they have mailed the AOS & the EAD in the same package, or inside the same envelope.
However, the instructions for the EAD say to send directly to the INS Service Center, in my case that would be Nebraska.
The BCIS told me to send my AOS to my local city office, which is downtown.
So, are there different rules for other folks applying from different geographical areas?
Based on Nebraska's extremely efficient and speedy service, does the BCIS really believe I will receive some kind of receipt/EAD approval from them (Nebraska) before my AOS interview/approval in my local city? If not, then wouldn't the EAD filing be just a waste of time?
Thanks
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They wanted us to write the total number in one single check.
And I was about to send separate checks. Thought I heard on other forums that the form and the fingerprinting fees should be sent separately. But that was last month.
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You need to go to a designated civil surgeon. There is a list on the BCIS site of those in your area. The doctor will have the vacination form and determine which vaccinations are appropriate. If you have an immunization card from China, he will mark those as being done. If any more are needed, you will have to get them done there or somewhere else of your choosing. If you do them somewhere else (local health clinic or whatever) you will need to return to the civil surgeon with proof of the shots. He will then sign the form and give it to you. I've seen people say it would be in a sealed envelope, but our was just handed to us - sans envelope.
Fees for the civil surgeon vary considerably. Ours ran $60. Make sure you tell them when you call for an apointment that you only need the vacination supplement - not the full medical exam. Any needed shots will cost whatever they charge wherever you choose to get them.
Don, again, thanks.
i94 is the departure record, When you were in the airplane, the form you filled, the immigration officer hold half, gave you the other half.Well I'll be dipped their is a white slip. So just to be exact, it is the Departure Number on this little white slip attached to her passport, and in small print it says I-94? Would it be too hard if the application just said so?
Wow this system is just too hi-tech for me, what an incredibly intelligent way to track numbers.
Current INS status: Adjustment of Status PendingMay I ask, exactly where did you collect this information that after a K1 beneficiary is married, her status is "Adjustment of Status Pending"? Not being sarcastic, but officially I thought that was after you actually apply for AOS? It's just that the answer to the question on the I-485, "Current INS status", seems like it should be, "I don't know, why don't you tell me?" or "Please choose from the following 5 unknown options".
Eric & Mick, I think you're both right. I'm betting marriage voids the K1/I-94, because somehow, you would not be forced to go back to China after the 90 days, even if you haven't filed for AOS. But also you haven't applied, so it's not a pending status, either.
I think.
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Just got to thinking, (haven't much lately), about the X-Ray tube that was supposed to be a big deal when coming through POE.
Well, when we went through POE, the Officer or man with officer-like-clothes, asked for all our stuff, like the package with the corner sliced off, (BTW he grumbled about it being all out of order inside the package, which implies he's done this more than once), but he never asked for the X-Ray tube.
So I never gave it to him. I wonder if BCIS will have a problem with that. I suppose if they really wanted it, they would have or will ask me. Don't much like balldroppers anyhow.
What the hell is it for if they don't want it? What did everyone else do with theirs?
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I-485 fee is $255 and $50 for finger print
I know. But it's real nice that they have this still here:
http://uscis.gov/graphics/formsfee/forms/i-485.htm#fba
then click on:
You may download a package of all of these forms in PDF format.
http://uscis.gov/graphics/formsfee/forms/f...es/i-485pk1.pdf
Then look at page 2 of the pdf file where it says Fee. Nice.
I-94 # is the No. on the small white slip stapled on your passport.I'll have to look. I don't remember a white slip.
should the EAD and the AP be filed in the same envelope as the I-485? Answer: you do not have to if you are not in a rush to work or going back to ChinaWhat I mean is, is it ok for all EAD/AP paperwork to be in same envelope, or 3 different ones?
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Thanks for all replies, I just wanted a straight answer from the BCIS regarding her status after the marriage, and of course when there's a grey area, there is no answer (instead of admitting it). Anyways, back to the I-693 form.
The reason I ask about this form is, on the BCIS website for this form, it states:
"Note that the vaccination supplement accompanying Form I-693 is not included on this internet posting. The Centers for Disease Control and Prevention (CDC) have sent the vaccination supplement directly to the civil surgeons for them to photocopy, fill out on behalf of each applicant, and attach to Form I-693 for submission to BCIS."
Ok. So, we must find a Civil Surgeon, and he has this "vaccination supplement", then I guess we would bring proof of her vaccinations (which I guess was her card stuff from the medical exam in China), and then the Civil Surgeon attaches this supplement to the I-693, which he still signs??? Wonder if all that's free.....
Ok back to the I-485.
The fee seems to be $220, $25 for fingerprint. The post earlier I referred to says $255/$50. Just making sure here if anyone else noticed this?
I-485, Part 1:
it asks for I-94 #. Is that the NVC GUZ number? (as opposed to Guangzhou's GUZ number)?
it asks for Current INS status. What would that be?
I-485, Part 3:
In what status did you last enter? (Visitor, student, exchange
alien, crewman, temporary worker, without inspection, etc.)
So, the answer is fiancee-visa?
Ok just 1 more, should the EAD and the AP be filed in the same envelope as the I-485?
Thanks
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This list is very good:
http://candleforlove.com/forums/index....=14&t=2058&st=0
However, there is a line:
A15/ SUPPLEMENTAL VACCINATIONS FORM TO FORM I-693
I see here that:
http://uscis.gov/graphics/formsfee/forms/i-485.htm#fba
the I-693 is asked for. But I just got off the phone (800.375.5283) with BCIS, and was told for K-1 visa I just need:
I-485
G-325a
I-864
She, BCIS worker, did not mention the I-693. And I asked more than once if that's all we needed.
Is this form needed or not?
Also, the G-325a, I-864 seems like just copies of what I already sent when we originally applied for the K-1 petition? Can I just use those?
And she seemed to not understand my last question, so I'll try it here.
The K-1 visa expires in 90 days, starting from day of entry. When the couple gets married, the K-1 visa clock stops ticking. But, we must file for AOS I guess just anytime, even after the 90 day expiration? The BCIS worker was not helpful here, as I am trying to understand that, if upon marriage, the K-1 visa rules are met. So, what is the status of the fiancee at that point? Has she not met all the conditions by becoming married, therefore her status has somehow changed, but to what? She met the rules, what would happen if no AOS filing were done? Yes I am confused.
Thanks
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If I was Jack Interviewer and saw a lawyer was involved, I'd be more thorough and would be more likely to find something amiss. I believe people who are straight forward have no need for one.
Thanks. Now it appears we are under more scrutiny. I guess if I was trying to commit fraud, or trying to hide something, if I was really smart, I would hire an attorney to make the case more credible. Yes I guess I have wasted my money, in fact, it's possible it has made things worse.
I guess we'll never know if it helps or not in the end.
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Lawyers are happy to take anyone's money. Just because you have one doesn't mean jack.
Dave,
With all due respect, it may mean jack to Jack Interviewer, that's the question.
2 Year Conditional Status
in General Visa Discussion & First Steps
Posted
Thanks for replies.
That's probably true, I thought the same thing. Just would suck to be turned down at Vancouver BC or San Francisco.
Donasho, is someone with "Conditional Permanent Residence Status" considered a "Permanent resident"?
Sounds right, but if I fly from say Oregon to Acapulco, then I couldn't do that.
Anyone have other ideas about what type of agency I could contact with answers?
Thanks.