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Hi everyone, So we sent in our I-485 monday last week, and I called to try and check the status and I come to find out that the application was rejected, because we forgot to have her sign it. We had printed out so many iterations of it and signed them that I guess when we we're on the final one we were so exhausted from all the forms that we missed it. I feel like an idiot. Anyway, she came her on a K-1 and her 90 days are up on 9/10. We can't just put everything together tomorrow because we sent in her white book for her birth certificate. We could technically send in a copy of her original chinese birth certificate, but they are like scraps of paper practically. I don't think that they would be accepted. Plus they're obviously not in English. Has anyone dealt with an issue like this before? Are we totally screwed? Thanks!
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Hi people of CFL forum, I am new to this forum but I have spent the last 8 hours reading tons of posts on here and I want to thank all of you for taking the time to share your experiences and knowledge with others who are going through this difficult and confusing process. Quick summary of my situation. We got married in Asia in March last year, 2016, submitted I-130 in early this year 2017. After submitting the petition we decided to move to the US and continue the process here so we arrive early June, I entered the country with a B2 tourist visa. Since my husband has been gone for too long, almost 10 years, we had to wait 90 days consecutively for him to get is resident status back (he is a US citizen). I have been filling out all the forms for adjustment of status and waiting for the day we can submit it. The problem I have is he didn't file his tax returns for the last 3 years. Now we are scrambling to get this done. A CPA accountant told us that I need to get an ITIN so he could file as married for 2016 tax so he could get tax breaks, he is too late in his tax returns that they might not accept his deduction (foreign earned income under $100k). This means we have to either wait 6-7 weeks to get the ITIN back from the IRS or pay a few hundreds for a professional to do it and this would take 2-4 weeks. I plan to submit this Sep 4, exactly 90 days since we got here to save time. I was wondering if he could file as "married file separately", we submit our I-485 as planned, meanwhile I make an appointment with an IRS service office (we got the earliest one which is Sep 21st) and a few weeks later get my ITIN, file my late tax return then? OR should I wait till I get my SSN and then file an amended return as "married file jointly"? 1. Have any of you done this before or could give me your opinion on this? If it's okay to do so, in the field where he needs to put my SSN he will put "Applied for ITIN"? or "000000000" if we file electronically? 2. For his last 3 year tax filing, he would need to fill out 1040, 4852 and 2225? Is there anything else? 2. We have his mom as our co-sponsor by the way and I have her last year tax return and her passport copy which I hope is good enough? Thank you for reading my loooong post. -
My wife came to US on a B2 visa, we met and were married about 10 weeks later on February 17 and we are applying for adjustment of status and green card (I-130 and I-485). We have everything ready to submit but her birth certificate. She was born in 1976 and never had a birth certificate. Her brother has gone to the police and to the government for the city of Dazhou in Szechuan Province, the town of her birth. They told him my wife has to request this in person, which is of course not possible. I am concerned my wife's visa will expire before we can get the birth certificate for submission of a complete package into USCIS. Those folks who have been successful getting a birth certificate from China while you were in the US, please tell me how to do this. Any advice is much welcomed. Thank you much.
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Good day, My wife has her I-485 interview the 9th of November in Tampa, FL. I am looking for opinions. I have been offered a job in my hometown (about 300 miles away). I can potentially make 2-3 times what I am making now. My worry is if it will reflect poorly on our situation hat I am changing jobs shortly after her interview? Not sure if in the right section. -
Not sure if this is the right place to start, but here I am anyways. As a background, I'm a US citizen, and my fiancee is a Chinese citizen. She's living here in the states on an H-1B visa. When we've talked about whether to change her last name after marriage (I understand that this is not normal for Chinese women), but my fiancee is very concerned about the hassle of trying to change her name while simultaneously applying for her green card. If we decide to change her last name to mine (its still not something we've fully decided on), we don't know anything about what this would entail. Would we need to get her name fully changed first (along with getting a new passport, etc), and then apply for the green card, do it the other way around, or do both at the same time? If it makes a difference, she isn't planning on becoming a US citizen in the near future. Thanks for the help!
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We received notices of action that they had received the applications for the AOS, work authorization and travel document on May 19, 2016. We went to the biometrics appointment on June 20th and no problem was indicated. So, I am wondering about other people experience with how long it takes.
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My wife and I will be filing the get permanent residence status for my mother in-law, my wife's mother. She is here on a B2 visa now and is getting older and will not work here, also she partially blind. I think I have all the forms for this: I-130 filled out by my wife I-485 filled in as her mother I-864 filled in by myself I-693 filled in by wife G-325A about her mother The questions that have on the forms are: The I-485 Part 2 I am applying for an adjustment to permanent resident status because: (letter H) Not sure what to put, don't want to get denied. Do we file all the documents at the same time? USCIS does not make it easy to figure out. Any help would be great. Frank & Stephanie -
I believe the US law for K2 applicants for green card changed in 2012. This change in law enabled K2 applicants who entered the US before their 21st birthday, but who turned 21 before adjusting status to get their green card. The law held that the K2 applicant's age was considered "frozen" as of the date of entry to the US. I'm trying to find specific law regarding this issue from a government website or posting. Anyone here familiar with it?
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Hi, I am stumped about the name change. Fiance arrived 10 days ago and we went to the courthouse the next day and got married. In Colorado, you merely sign your names on the license and you are instantly married. The clerk said she could not change her name then, but could go over to the SS office and change it there. We went to the SS office yesterday and the clerk there let her change her last name (to mine) but not her first (I expected that). But, I am skeptical that this changed her name in any way. We still need to do the G-325a (bio info), i-131 (travel), i-485 (adjust status), and i-765 (work auth). That is, the AOS procedure for the alien who entered on a K1. My question is: is her name changed in anyway? Or, is is still the English translation on her passport? We need to haul ass on her AOS as she was given a very short window of validity for her K1. So, how are names legally changed? Through marriage/divorce? Or, in state or county (not federal) venues? I would appreciate any light shed on this situation. Thanks, Greg
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Hi all, We are filling out Form I-485 for my wife's AOS. She joined the CCP when she was an undergraduate student in China (as an academic honor) in 2010, but went completely inactive and stopped paying dues after she graduated and came to the US in 2011. Researching the topic of CCP membership, I am aware of Article 6 of the CCP Constitution, which states non-participating and non-paying members forfeit their membership after 6 months. At the top of page 4 of Form I-485, Part C there is a table for listing past memberships and it includes columns for "Date of Membership From" and "Date of Membership To". I'm wondering, given the above, what we should enter for "Date of Membership To"? Should we enter the date she went inactive plus 6 months? Have others done similar? Thanks! - Sorca
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Married while in possession of student visa
mark89134 posted a topic in AOS & Immigration Challenges
My stepson has just been married to a Chinese girl who is on a student visa. He is also Chinese with permanent residency. They were married here in US. What is the next step that the girl needs to take in order to stay in US? Does she need to get another type of visa or does she perhaps need to be petitioned? Thank you for any help... -
Please post Name, Address and cost of Civil Surgeons you may have had a bad experience or good experience. For example a K-Visa holder adjusting within a year of medical for visa interview should only need vaccination portion of I-693 done NOT a FULL medical. Note CR-1 and IR-1 have this handled before Visa interview so wont deal with the Civil Surgeon in the USA. If adjusting from a visa type like a student visa then a FULL MED is required. Links of interest: http://www.immunize.org/catg.d/p4030.pdf (List of vaccinations requirements for AOS) Thanks Lee VD http://candleforlove...ndpost&p=565702 VJ's Thread: http://www.visajourn...nt-rip-you-off/ Age 18 - 64 are required to have: MMRTdVariccella (AKA Chicken Pox)The FLU if in seasonTable of required vaccinations: http://www.cdc.gov/vaccines/schedules/hcp/imz/adult.html http://www.cdc.gov/vaccines/schedules/downloads/adult/adult-schedule.pdf Better yet, if you can, get the DS-3025 done overseas while doing the medical for the visa, the DS-3025 should be in a seperate sealed envelope that you will bring to the USA and use when adjusting status, see this posted later in this thread: http://candleforlove...012?do=findComment&comment=577012 mm5901-Immunization.pdf ds3025.pdf adult-schedule.pdf
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My wife came here on K-1 visa and we just had our AOS interview at USCIS Seattle field office ($7 cash only for parking so bring $$). It was rather quick and easy. Appointment was at 10 AM but didn't get called in until 11 AM. The officer was a nice lady in her 30's. First we swore in, then she asked for both passports and official marriage license. She then went through some questions from our application, the part about have you ever been a communist party member, have you ever killed anyone, have you done human trafficking, are you a spy, etc. Those are the questions they HAVE to ask. For evidence showing bona fide marriage, the stuff I brought were Quit Claim Deed for my house (put her name on the deed officially), joint checking account, her being my life insurance and retirement beneficiary, both driver licenses showing same address, I'm her credit card co-signer, etc. Next we showed our recent photos -- we brought about 20 photos and about half way she smiled and said that's good enough she didn't wanna be too nosy. The officer did not take copies of anything, simple took notes of what she saw. The experience was pleasant and painless, maybe 15 minutes? The officer apologized a few times about asking weird questions from above and having us wait an hour, etc. She did not ask for my affidavit of support or most recent tax return, even though the appointment letter specifically asked to bring those. My wife did not have to show *anything* e.g. her SSN, employment authorization card, advanced parole, etc. Basically, we only showed our passport and marriage license to the officer. The only bump in my experience was the vaccination record was incomplete by the civil surgeon. We have to go back to the surgeon and send the completed form back. Again, the officer was apologetic and sympathetic that she couldn't approve us right away. Maybe I was lucky to have had such a nice and easy officer? I think overall just relax and answer truthfully and you will be fine. The officer went through your files thoroughly beforehand and probably have a pretty good idea if the marriage is real or not -- if they suspect something, they will then drill hard with questions. Good luck to all! John
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I read the following from Shusterman's Immigration Update: New Rule Will Allow Thousands to File I-485s in OctoberThanks to President Obama, a new rule will take effect onOctober 1, 2015 which will allow thousands of immigrants with backed-up priority dates in the employment-based andfamily-based categories to apply for adjustment of status (as well as for EADs and Advance Paroles) even though their priority dates are not yet current. And not only the principal immigrant but their spouses and children will be able to apply for these benefits. This is, without a doubt, the most positive executive action to benefit the legal immigration system that I have seen in the 40 years that I have been practicing immigration law! So the question now is this: Would this apply to my step-son? I've already filed an I-130 for him (last month). http://blogs.ilw.com/entry.php?8806-New-Rule-Will-Allow -
Hi folks, Now that I have my wife in the States, we want to start the process for her son, my step-son, who was 20 when we got married, but over 21 by the time she got her CR-1 visa. I now have the following questions: 1. Is there any information we need to send with the I-130 application, other than the hefty check of $420? 2. About when will they request any other information, if not sent with the application? 3. Any ideas about what the current wait times are for a person to get through the que? (In other words, about how much time may it take for my step-son to get to the States? We heard it is about seven years.) 4. I will be out of the States for the next nine months, almost immediately following the I-130 submission. Would there possibly be anything too complicated for me to do over the phone with my father for getting documents to USCIS? Anything that might require a signature?
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Dear all, I have a question about submitting the I-864EZ AOS to NVC. From the instructions on NVC website, I think I only need to send photocopy of the I-864EZ AOS with sponsor`s signature to NVC? As it is said the original I-864EZ AOS is needed in GuangZhou interview. -
Question on immigration procedures. My wife's friend came to the USA to visit her. While here, her friend starting seeing a guy and now is very interested in marrying him. She has a child in China and will be going back to settle matters and bring her child to the USA. The child already has a visitors visa. if after marrying in the USA, what is her next step? Where do they file? Where can she wait pending the review? Must she go back to China? Can she interview in the USA? thank you
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Hello fellow members, My wife Anne came over from China we got married and are ready to do the adjustment of status. Can someone tell us step by step what we need to do next? Thanks,
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Hi, I just checked my status on-line for my I-765 and I-485 both based on Marriage and my status is "card is being produced." My I-765 application has been cancelled "Benefit Received By other means." My question is, from your experience, can I apply for work before I actually get the physical card? The on-line notice says I should receive the card by December 24th. What date will be on the card? Thanks Liz
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Hello guys, I have a question about my upcoming interview. But first a bit of background. I am an American Citizen, and my wife is Chinese, living in the US for the past 5 years on an F-1 visa. When she was in college, her parents pretty much forced her to join the CCP, and she never quit. Her membership is nominal, as she has never attended any meetings, held any offices, or even paid any dues. She told me that she doesn't have to pay membership dues because she is supposed to receive some money from the party every year (which she never collected) that exceeds the party dues amount. We recently got married, and last month we filed for Adjustment of Status from F-1 to Permanent Resident. On form I-485, we truthfully indicated that she is a nominal member of the CCP. Couple of days ago, we received a notice that our case is in the "Testing and Interview" stage. My question is will the CCP issue cause any delays? I searched through the forums as well as visajourney.com, and the great majority of the folks her are adjusting from K-1, where the CCP issue is addressed during the interview in China, and a blue slip is usually given and handled before coming to the US. However, since the upcoming interview will be the first time my wife's CCP membership issue will be addressed, what should we expect going in. Also, what can we take from us that can mitigate the need for an RFE after the interview, i.e. an affidavit of sorts. Anyway, thank you for any help or insights that you may have.
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I've been married to my SO for over a year and a half but she couldn't move here yet due to family/work commitments. She's visited a half dozen times on tourist visas, though. She finally finished everything and was ready to move here for good and we were looking at starting the paperwork for her K visa, however, since she still had 8 months or so left on her tourist visa, I told her to just fly over and we'll just start on the next step. She arrived last week but now I'm sort of lost on what exactly that next step is. I was reading up on the "adjustment of status" but I think that's for K visas? Can anyone point me in the right direction? I hope I didn't make a mistake by having her come here... I apologize if this is a very common question, I've searched the forum a little for something similar but had no luck.
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Hello everyone! First of all some general info. My name is Nate. My wife's name is Huiying. We met in October of last year and fell in love. We were married in March and Huiying moved in with me. I have two children to another woman however, I have full legal and physical custody. We all live together and are very happy. Huiying came here on a J-1 visa in January of 2012. We were under the impression that she was not subject to a 2 year home residency requirement until a couple weeks ago. (Her DS-2019 said "not subject" but her Visa said "Subject") We filed an advisory opinion and it came back (after over a 10 week wait) that she is subject. She only has one month left here according to her DS-2019 and then an additional 30 days grace period. We are unsure what to do now. I know we need to obtain a J-1 waiver but, I have recieved so much different feed back. I would say I've spoken with about 9 different lawyers over the past few months. I've done a lot of research on my own as well. I read that a requirement for a "No objection waiver" is that she has 6 months remaining on her visa. So, one lawyer said "She just has to go home." Another lawyer said that we should file an exceptional hardship waiver. The estimated cost for her services and processing fees was $4,800. Another lawyer said that we should just file a "No objection waiver" anyway and see what happens. Either way Huiying will be overstaying her J1 Visa. I plan on calling the Chinese Embassy tommorrow and see if they can provide me with any direction. This entire Visa issue has caused so much stress between our othewise extremely happy family. I've lost so much faith in my government and lawyers for that matter. Can anyone provide us with anything that could help us in our journey? Thank you all so much. It is good to know there are others out there who have gone through similiar situations and prevailed.
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I have recently got married with my wife in Zhengzhou, Henan and now that my wife got traveling visa to USA, I am would really appreciate if someone could help me with the right direction regarding documents needed for the green card. We're planning on flying to LAX then to Dallas in August 2013. -
I am trying to file I-485 for my dad, one of the document needed is his birth certificate. He was born in China in 1935 and no birth certificate was issued back then. He does have a notarial certificate of birth (Gong Zheng Chu) from China's Notarial Office. Does he still need to have 2 affidavits from relatives or is the notarial certificate good enough to fulfill the record of birth requirement? -
Since this change is took place only last month, I will post it for anyone else who has been under the same rock as I have. "Effective April 26, 2013, DHS began automating the admission process. An alien lawfully admitted or paroled into the U.S. is no longer required to be in possession of a preprinted Form I-94. A record of admission printed from the CBP website constitutes a lawful record of admission. See 8 CFR § 1.4(d)." From the US Customs and Border Protection website.
