October 2011 Filers

Hello all; just filed for wifie's AOS

Hello all,

My wife is also an October filer for AoS. She is a citizen of the Republic of Korea (South) and I am a U.S. citizen. Nice to meet you all.

The process seems smooth so far [knock on wood], although assembling the package was more time-consuming than expected.

Btw, any tips on walk-in biometrics? Are particular times better (e.g., late afternoon, a few hours after lunch) than others (8AM)? I would guess that the crowds are heaviest in the morning and dwindle as the day progresses.

Wishing you all a speedy and stress-free journey towards our visas.
 
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@HossDelgado

Nice of you to join us!! Wishing you the best of luck. What's your District Office and your ASC (where her biometrics are scheduled)?

As for walk-ins, I personally recommend them once it's not too much out of your way. It helps speed up your process by a week or two. I'd say the best days to go is any day after Monday because I suppose after a weekend, there'll be much for them to do. I went on a Tuesday around 1pm at my ASC and was in and out within 30 mins. Others here have had similar success stories about walking in for Biometrics, so you should try to!
 
Was in another thread and found out there are 2 marriage certificates. Certified one and normal one. I'm baffled as I only have 1 and I'm not sure which one it is????

Any help????
 
Welcome DeeZee and HossDelgado to the best immigration forum!
Today is the day! We received biometrics appointment notice for 11/18. Will try to go tomorrow or next week. Sweet15-was your biometrics done on 60th street?
 
sweet15 said:
Was in another thread and found out there are 2 marriage certificates. Certified one and normal one. I'm baffled as I only have 1 and I'm not sure which one it is????

Any help????
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Did you send a (photo)COPY of the marriage certificate or the actual certificate?

I know when I got married, we got a marriage certificate from the officiant that performed ceremony, then we went down to the clerk right after and paid for 2 certified copies of the certificate (which looks exactly like the original certificate. I think they were $15 a piece), so I sent in my certified copies with my applications. Not a photocopy. Did you do the same?
 
HossDelgado said:
Hello all,

My wife is also an October filer for AoS. She is a citizen of the Republic of Korea (South) and I am a U.S. citizen. Nice to meet you all.

The process seems smooth so far [knock on wood], although assembling the package was more time-consuming than expected.

Btw, any tips on walk-in biometrics? Are particular times better (e.g., late afternoon, a few hours after lunch) than others (8AM)? I would guess that the crowds are heaviest in the morning and dwindle as the day progresses.

Wishing you all a speedy and stress-free journey towards our visas.
Click to expand...

Hey HossDelgado,

Welcome to the October wagon. We have very friendly folks here. I am sure you will enjoy being an October filer. Wish us all the best in the Green journey.
 
MarineWife said:
Did you send a (photo)COPY of the marriage certificate or the actual certificate?

I know when I got married, we got a marriage certificate from the officiant that performed ceremony, then we went down to the clerk right after and paid for 2 certified copies of the certificate (which looks exactly like the original certificate. I think they were $15 a piece), so I sent in my certified copies with my applications. Not a photocopy. Did you do the same?
Click to expand...

No I sent photocopy of certificate. So the marriage cerificate I have is not certified? I'm confused
 
sweet15 said:
No I sent photocopy of certificate. So the marriage cerificate I have is not certified? I'm confused
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Ok relax. You need to send them an official copy. Not a photocopy. The certificate that you put in the copy machine to make copies of, that's what you need to send in (the certificate NOT the copies from the machine). If you go to the court house you can pay for a certified copy which will have a seal on it. I think it's $15 for the first copy and $10 for second and each one after that. They'll ask why you need them (not that they really care). I told them to give one to each of our parents but I really just needed to have several copies for this immigration purpose and incase my original was lost.

The certified copies that they (@ courthouse) will give you will look exactly like the marriage certificate. The only difference would be the number in red ink at the bottom of certificate. This is what USCIS needs. An official, certified marriage certificate. Not a photocopy. That's prolly why you got the RFE.

I know they take photocopies of passports, IDs etc but they need a certified copy of a marriage certificate, a certified copy of judgment of divorce/divorce decree and certified copy of disposition of court cases. I know the latter 2 may not apply to you but I listed them just to show the things they ask be original or certified. Photocopies of OTHER things are acceptable to them, just not those materials.
 
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Man o man this thing stressing me out. OK I understand now. I guess I have to go to the courthouse tomorrow and resend the certified copy. The only problem now is the RFE letter was sent with the other copy I sent in as they had told me to send back that letter with my marriage certificate. I made a copy of the letter. Will it be ok to send the copy of the RFE letter with the certified marriage certificate?
 
sweet15 said:
Man o man this thing stressing me out. OK I understand now. I guess I have to go to the courthouse tomorrow and resend the certified copy. The only problem now is the RFE letter was sent with the other copy I sent in as they had told me to send back that letter with my marriage certificate. I made a copy of the letter. Will it be ok to send the copy of the RFE letter with the certified marriage certificate?
Click to expand...

Well you have no choice now but to send the copy of the RFE letter since original copy was already sent back to them. I would also include a letter explaining that only after you had responded to the RFE you realized where you went wrong & you are trying to redress it in a timely manner instead of waiting for ANOTHER RFE again. Something to that effect.

At best, they'll accept the one you will send off tomorrow with the certified marriage certificate and RFE photocopied letter. At worst, you'd get another RFE (and the mail tomorrow would be a total waste). When you go to the courthouse tomorrow, get 3 certified copies if you can afford it. One to send off tomorrow, one incase you get another RFE and one just to keep in case for some reason they need it again or you lose your original certificate cuz you'll need to take it an official copy for your interview anyways.

I also would try to make an INFOPASS to walk in and discuss the issue with someone or call USCIS explaining the situation (not sure how sensible that'll be, but nothing beats a trial but a failure) Also be sure to overnight or priority mail the RFE material and do the "RFE submission" instructions like you most likely did before.
 
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sweet15 said:
What proof do I need to take to the courthouse with me to have the certified certificates?
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You're quite welcome dear. Here's some info I got off the web

Information needed to locate a marriage record:

Groom's Full Name
Groom's Date of Birth
Bride's Full Maiden Name
Bride's Date of Birth
Residence of Bride and Groom
Date of Marriage
Place of Marriage
Purpose for which record is required
Proof of your relationship to these individuals may be required.
Proof of Identity

But for more information you can visit the "Marriage Bureau" section found on : http://www.cityclerk.nyc.gov/html/home/home.shtml

One thing though, I remember that when I got married in the court house I was told I could go get certified copies right after ceremony (for the fees I paid) BUT I'm not too sure once 1. You weren't married in City Hall 2. Several days/weeks have passed. I'm hoping you wouldn't have to apply for the copies by mail because that would be an address in Albany, NY and that's just more time being wasted.
 
sweet15 said:
Man o man this thing stressing me out. OK I understand now. I guess I have to go to the courthouse tomorrow and resend the certified copy. The only problem now is the RFE letter was sent with the other copy I sent in as they had told me to send back that letter with my marriage certificate. I made a copy of the letter. Will it be ok to send the copy of the RFE letter with the certified marriage certificate?
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Hey Sweet15,

I oppose what MarineWife said. It doesn't matter if you send the certified copy or a photocopy of your marriage certificate. They might have probably lost the first copy you sent, that is why they gave you the RFE. USCIS mix up documents, and in the process, lost some.

I am quoting some part of the I-130 Instruction,

What Documents Do you Need to Prove Family Relationship?

You have to prove that there is a family relationship between you and your relative. If you are filing for:

1. A husband or wife, submit the following documentation:

A. A copy of your marriage certificate

B. If either you or your spouse were previously married, submit copies of documents showing that all prior marriages were legally terminated.

Also, in the I-485 Instruction on Page 3, I quote

Copies: Unless specifically required that an original document be filed with an application or petition, an ordinary legible photocopy may be submitted. Original documents submitted when not required will remain a part of the record, even if the submission was not required.

You can go apply for a certified copy for your record, but do not send anything to them until they instruct you to do so. The photocopy you have sent is ok, in as much as it is legible and can be read. I know people who have used just the photocopy without any RFE. USCIS doesn't need any original document until the interview day. They can confirm whatever they want to at anytime. Save yourself the headache and expect your EAD & AP.
 
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@everyone: thanks for the warm welcome!

@sweet15: I too sent copies of my marriage certificate, as instructed. As Lazhy pointed out, copies are sufficient according to the instructions. But should you need to get certified copies, you should be able to get it quite fast.
 
Hi everyone, I need some words of advice and encouragement...

My wife (USC sponsor) got laid off from her job 2 days ago. I'm trying to be strong for her, telling her not to worry, but I myself am having a tough time keeping cool. Aside from figuring out our personal finances, I guess the main issue for me is the Affidavit of support (I-864) and proving financial support. Here are the details as I posted in another thread:

- My wife is the USC sponsor and I am on a F1 visa earning a student stipend.
- We've been married 4 years, no kids together, but she has 3 from a previous relationship.
- As total household income with included both our incomes: 41K from my wife's job + 31.5K from my student stipend. Now that she's been laid off, it all comes down to my 31.5K student stipend.
- Our household size is 4, and the 125% poverty line for 2011 is $27,937. I make just a little over that. We live check-to-check and don't have any significant assets.
- another issue that was raised is that my income is based on my being a student. My income/stipend will naturally stop when I graduate. So it may not be truly considered as a reliable, lasting income. (I'm studying toward a PhD in the biological sciences, hopefully graduating on May 2012)

I think my best option right now is to find another sponsor who makes more than 28K to fill out an I-864 for me.

What do you think?
 
Keep your chin up!

Hey DeeZee,

First, I'm very sorry to hear that your wife was laid off from her job, especially at such a tense time during the AoS process. I wish you guys a speedy resolution to her employment situation!

Second, it's great that you are being very rational even though you are anxious, and that you have a good handle on your options and the facts of your case. I'm sure your wife appreciates your level-headed view.

I will guess that you are going to receive a wide range of opinions and conjecture about the likelihood of an officer excluding your income from the means test. While it's wonderful that people are willing to share their experiences and thoughts, I don't think that in your situation it would be productive or calming to read through such postings. Opinions and conjecture are just that, and you really have no sure way of knowing how your particular officer will treat your situation. You can drive yourself mad trying to piece together USCIS policy based on anonymous internet postings from 'consumers' of USCIS services.

I think that the best way for you to restore some peace of mind (for the AoS process at least) is to try to mitigate your worst case scenario- the officer excluding your income, which then causes your wife to fail the income requirement. As you mentioned, the best way to mitigate this scenario is to find a joint sponsor for your wife ASAP. As far as I can tell, there will be no downside to your situation if you obtain a joint sponsor and the upside is that you no longer have to worry about forces that are beyond your control (immigration officers' assessment of your income).

I can empathize with your situation because I am currently unemployed and am using a sibling as a joint sponsor. It's very comforting to know that regardless of how my employment search progresses, that in the worst case, my sibling's income meets the test by itself. I guess this is why my parents always tell me that 'blood is thicker than water.'

So chin up, buddy. You'll be OK.

DeeZee said:
Hi everyone, I need some words of advice and encouragement...

My wife (USC sponsor) got laid off from her job 2 days ago. I'm trying to be strong for her, telling her not to worry, but I myself am having a tough time keeping cool. Aside from figuring out our personal finances, I guess the main issue for me is the Affidavit of support (I-864) and proving financial support. Here are the details as I posted in another thread:

- My wife is the USC sponsor and I am on a F1 visa earning a student stipend.
- We've been married 4 years, no kids together, but she has 3 from a previous relationship.
- As total household income with included both our incomes: 41K from my wife's job + 31.5K from my student stipend. Now that she's been laid off, it all comes down to my 31.5K student stipend.
- Our household size is 4, and the 125% poverty line for 2011 is $27,937. I make just a little over that. We live check-to-check and don't have any significant assets.
- another issue that was raised is that my income is based on my being a student. My income/stipend will naturally stop when I graduate. So it may not be truly considered as a reliable, lasting income. (I'm studying toward a PhD in the biological sciences, hopefully graduating on May 2012)

I think my best option right now is to find another sponsor who makes more than 28K to fill out an I-864 for me.

What do you think?
Click to expand...
 
@Lazhy & @sweet15
I may very well be wrong and can admit that. If I misinformed you I do apologize. I'm sure others have succeeded simply with using a photocopy. I know PERSONALLY, when I got to these instructions when assembling my package, I searched the internet high & low because I wasn't sure myself what exactly I should use: a photocopy or a certified copy. Everyone was giving mixed answers. At only $15 for a certified copy, I decided to go with the CERTIFIED COPY. One thing I've learned in life is tis better to be safe than sorry so I'd advise sweet15 to proceed how she sees fit.
 
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@DeeZee
I'm sorry about your wife's unemployment situation at this time dear. I agree with what HossDelgado has said and think you should go about trying to find a joint sponsor who is willing to sign for you. I'm not too familiar with this situation so I won't advise on what I don't know but I want to wish you the best and please stay encouraged. Have faith and think positively. It will all work out.
 
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