biggish data

two divorces - two decrees???

He needs both divorce decrees.

Rebecca Jo

Female

United Kingdom

2011-10-08 08:05:00

Port of entry Question

It doesn't matter where you land as long as you are inspected, and they take the mysterious brown envelope, and as long as you get your I94.

Which my husband didn't get when he arrived.

Which is why we had to make an extra trip back to the airport to get it.

Ugh.

Rebecca Jo

Female

United Kingdom

2011-10-11 21:05:00

YES

Can't believe Denmark has a minimum age of 24 o.O

I didn't even know they'd introduced the Supreme Court; so beware that if you settle in the US then decide to return to the UK after a couple of years you might feel completely out of touch haha. Us expats belong nowhere! Except with our spouses. Lol.

Sounds like health insurance is the only thing you really need to think about, but if you both have some savings available to you then even that should be ok :-)

Maybe it's just me (because I'm gaining on my retirement years), but I think that's a really big consideration.

Rebecca Jo

Female

United Kingdom

2011-10-12 22:21:00

http://www.bbc.co.uk/news/uk-15272121

Supreme Court says forced marriage rules are unlawful

By Dominic Casciani Home affairs correspondent, BBC News

A government ban on non-EU foreign spouses under the age of 21 coming to the UK is unlawful, judges have ruled.

The ruling by the Supreme Court is a major blow to an immigration policy designed to stop forced marriages.

The rule, introduced in 2008, meant a foreign husband or wife from outside the EU could not join their partner in the UK if they were under 21 years old.

The court said that the rule was unjustified because it interfered with the human rights of couples.

The case was brought by two couples who said that the immigration rule had unlawfully interfered with their right to a private and family life - a crucial element of the European Convention on Human Rights.

Briton Amber Aguilar and her husband, Diego, from Chile, were under 21 when the rule was introduced - and Diego was banned from staying with his wife in the UK once his student visa had expired.

They couple chose to live initially in Chile, before moving to Ireland, rather than live apart. As a consequence, Amber lost her place at university in England.

The second case involved Suhyal Mohammed, a British man of south Asian origin, who was banned from bringing his young Pakistani wife Shakira Bibi to live with him in the UK.

The couple had come together through a traditional arranged marriage in which both families play a role in finding a suitable partner.

In neither couples' case was there any suggestion that the marriages were forced.

The High Court had initially backed the home secretary's power to prevent spouses under the age of 21 entering the UK.

But declaring the rule incompatible with the couples' rights, Lord Wilson said in the Supreme Court's judgement the government had acted unlawfully because it had not shown a good case for interfering with the right to private and family life.

"I would acknowledge that the [change in rules] is rationally connected to the objective of deterring forced marriages," he said.

"But the number of forced marriages which it deters is highly debatable. What seems clear is that the number of unforced marriages which it obstructs from their intended development for up to three years vastly exceeds the number of forced marriages which it deters."

Lord Wilson said Home Secretary Theresa May had not quantified the scale of the problem in any meaningful way that would justify preventing under-21s settling in the UK after marriage.

He said: "On any view it is a sledgehammer but she has not attempted to indentify the size of the nut.

"At all events she fails to establish that the interference with the rights of the respondents under article 8 is justified."

One of the five justices, Lord Brown, ruled in the government's favour.

He said: "The extent to which the rule will help combat forced marriage and the countervailing extent to which it will disrupt the lives of innocent couples adversely affected by it is largely a matter of judgement.

"Unless demonstrably wrong, this judgement should be rather for government than for the courts."

Rebecca Jo

Female

United Kingdom

2011-10-12 06:07:00

Yeah, i do have my eye on that, heard about it earlier today. Will be interesting to see the outcome of it. Hopefully somewhat positive? Who knows.

Well, I'm really really really hoping it comes out on the side of age 18. And I'm gonna selfishly say that's got nothing to do with you and Melaina :lol:

My husband and I desperately want to return to the United Kingdom in a few years.

Major major changes are afoot for immigration to the UK next year. Many of the proposed leanings could be considered a violation of human rights (as the UK and the EU view these rights). A verdict in favor of age 18 for immigration would be a small step towards informing Parliament that they should not go to far in future rule changes.

Rebecca Jo

Female

United Kingdom

2011-10-11 22:22:00

Haha and I was just thinking, you guys don't really have a choice of where to live initially. The UK decided you both have to be 21 to get residency based on marriage :-(

Word on the street is that tomorrow, the Supreme Court of the United Kingdom will hand down a ruling stemming from a challenge to this requirement.

So - things could change.

Or not.

Pertinent to anyone in Craig's situation, though.

Rebecca Jo

Female

United Kingdom

2011-10-11 21:50:00

I belong to a couple of other forums - one about Brits in the US and another about USC's in the UK.

It's very interesting to see the perspectives of other people in their situations. A lot of the younger Brits are very hopeful about a bright future in the US, but they seem to have a harder time with separation from family. People like my husband (who came over when older) seem to manage the family separations but they have more trouble adjusting to US ways. A female friend who is my husband's age talks about the overwhelming frustration one day of realizing she didn't even know how to post a letter.

Of course, anyone moving from any country is going to have days like Rosie's.

My husband will never make a good American :lol:

. He doesn't have the killer instinct that it takes to make it in US business. And he's not a good game player either. At the moment he works with DD individuals doing Day Hab work. He is perfect for this work, but it pays diddly. He just got health insurance, but it's not the best for him. It only pays for generic prescriptions and he has a couple of name brand meds he NEEDS so he's still looking for other work. So this is something a lot of Brits in the US really hate - what they call "job lock". They may have to give up a job they love just to get decent health care. Or they are stuck in a job they hate because the insurance is good. British people don't have that kind of conundrum over there. Their health care isn't tied to their work.

My husband also has other serious health issues that could bankrupt us in the US. The best hospital in Europe for his condition is in Belfast. 70 miles from his hometown. But he came over here to the US because he wanted to be with me. I should have never let that happen.

Rebecca Jo

Female

United Kingdom

2011-10-08 14:59:00

In the end of stressing, there is a good chance they will still encounter unexpected challenges.. Regardless of where they decide to stay.. Over analyzing is a futile effort.. Because it requires a crystal ball..

No one can be sure of the future, so the real question is, do yo love each other.. Millions have plowed through challenges either here or anyplace, so just decide what works best..

Either way, because it is the US and England, you aint stuck if you change your mind later..

Love doesn't pay the bills. It helps get through rough times but at the end of the day it is not enough for survival.

Craig asked for information from people who have moved from the UK. My husband has. You did not. Neither did your wife. The two societies, while sharing a common language, are more different than you can imagine.

Rebecca Jo

Female

United Kingdom

2011-10-08 11:48:00

Kenny -

People who are moving to the US from another country had better "over analyze" it. It's a big decision.

Rebecca Jo

Female

United Kingdom

2011-10-08 07:15:00

Thanks We have already had that conversation, and will no doubt have it again within the next 12 months just to make sure that the decision is the right one. I agree that we need to sit back and look at this sensibly from a neutral point of view.

We both agreed that children in the future we both would want raised and educated in the USA. Melaina plans on carrying on her studies there too, and I am wanting to pursue more education if possible once I am settled there too, but more furthering myself in my profession rather than just further education. I cant remember what the specifics were when we talked about it last, however the US came out on top with regards to pros and cons to either the UK or US. I think over Christmas I am going to bring it up again with her whilst we have time, and write it down on paper as you suggested, before we have talked about it, and not necessarily looked at it in-front of us. I know i will be giving up my family, to put it that way. However its only a plane ride away, or a Skype call away as I see it. I look to this situation with positivity, things will be hard in life, but I have the mentality to take it as it comes and deal with it how it should be dealt with.

Personally, I live in the north of the UK, which is being hit hard with jobs at the moment, any jobs, never mind jobs with futures. I am really grateful I have a job, however it is minimum wage and I am working my "#######" off to save as much as I can for my future, after all you get out what you put into something (my personal perspective). The job situation in America doesn't seem much better at a glance, but I have researched the local government in South Carolina, found employment/unemployment/new employment rates. I also actively job search the area too, so that I have a good idea of what type of jobs are the most popular, but also to get a general idea of the employment status. It is a relatively good status for work considering the current climate, it is certainly better than the situation i am in at the moment. That is only one thing I have looked at. I don't want to seem like I'm biting back, or proving myself to anyone, but I have been told by many people I have a "wise head" for my age. I don't just jump into decisions, especially ones as vast as this one. I do my research, my planning and back up plans and make sure everything is sufficient before I do anything else (hence asking for help on here, information like what you are giving me is priceless). So I am sorry if I come across as big headed, obnoxious or anything like that. I am not, I am TRULY grateful for everyone's help here Its great to have such a helpful forum!

Thank you for the help, and the guidance, I will follow it up, and take it all on board from as neutral a view as I can.

I don't think you are biting back. Not at all.

I'm not all that far from South Carolina. At least not "far" as we consider that in the US. It's a lovely state. I can't see though that the employment picture is stellar there. North Carolina has ranked ahead of South Carolina for ages, and it's in the dumper now. Do you know that the unemployment rate in the UK is lower than in the US?

Have you researched the type of job you would need in the US to offer affordable health care? It's hard to decipher from an employment ad just what your underlying costs for health coverage would be. People in Melaina's area should be able to tell you which employer pays the most towards employee coverage. If you are researching health care costs in the US, you might want to google average family cost for coverage.

If you are looking at advertisements for government jobs, check to see if you as an alien would be eligible for those jobs. Most US Federal jobs require US citizenship for employment. State, County and City jobs - not so much.

I'd suggest you and Malaina have a discussion about what happens to a family in the US when a job is lost. How long unemployment compensation can be claimed in the US. Whether or not a family gets any help with their rent or mortgage in the event of a job loss. Whether or not they can go to the doctor or hospital when they lose the health coverage associated with that job.

You say you've discussed children receiving a US education. Education in the US is very much determined by the district the child lives in. And costs for a degree at a university are far more than costs in the UK. My son's bachelors degree in Music Education cost over 60K.

Rebecca Jo

Female

United Kingdom

2011-10-05 21:43:00

Craig - Many Brits are happy here in the US.

Some are not so happy.

I would suggest you and Melaina make some lists.

One with the positives of living in the US; one with the negatives. Then another list with the positives of living in the UK; and the negatives.

Take into account where you would like to raise children and why; where you will have the most exposure to employment and why; where you will be able to best afford health care; where you will find the most "cultural" interests; where you have the most family and social support; etc.

Edited by Rebecca Jo, 05 October 2011 - 07:32 PM.

Rebecca Jo

Female

United Kingdom

2011-10-05 19:32:00

I just want to acknowledge Kenny's apology. I'm not trying to keep the circular discussion going either. I have a job and a life and really couldn't get to posting till just now.

Kenny, I would like to say this to you. And really not in a condescending way. Really.

US immigration law is complex. It's so complex that it's a specialized field of law - an "immigration attorney" will practice nothing else. I don't know this just from hanging around forums. I worked in the legal field for 15 years, and hope someday to return to it. My boss was a real estate attorney and he wouldn't touch immigration matters with a 10 foot pole. His college roommate (on the other hand) became a US Attorney and lead the team of lawyers who crafted the changes to the INA in 1996 (not bad for a boy from West Virginia).

So why does this matter?

Because sometimes, something we read on USCIS isn't as clear as it seems. There can be layers to a situation or a question. There is of course the law itself, the INA; there is the Field Adjudicators Manual (the FAM); there are Interoffice Memoranda; there are internal Consular Memos; there is the Board of Immigration Appeals (the BIA); and volume after volume of case law. To make matters worse, there is the Department of Homeland Security under which USCIS, CBP, ICE, TSA and other agencies operate - together but very separately in order to create a system of checks and balances. And of course, there is the Department of State (re: Consular Memos referred to above).

I hope this helps you understand why some of us were advising as we were.

And to Vanessa - I wouldn't go so far as to agree with you that an address change need not be reported until adjusting status. Everything I dug up on this issue pointed to the fact that any different address AFTER the address reported on the I94 should be reported. So, in my understanding, if the K1 entrant moved to a different address (other than the address stated on the I94) before adjusting status, they should report that address. Caveat being to report that address ONLY IF they are still within the window of their I94. No alien should report an address change if they are out of status (I94 has expired) without the advise of an immigration attorney. And I read that in one of Kenny's links he posted.

Peace to all.

Edited by Rebecca Jo, 12 October 2011 - 10:03 PM.

Rebecca Jo

Female

United Kingdom

2011-10-12 21:59:00

Okay.

This link refers to the INS; the legal guidance appears to have been written in 2003 or shortly thereafter. The requirement that an alien register their address with USCIS springs from Section 262(a) of the Immigration and Nationality Act. I looked at 262(a) and the language has not been modified since this attorney wrote this piece. So, while he refers to the INS, the legal interpretation of this section of code from the INA still stands. I have posted pertinent snippets from his article.

http://www.americanl...m/alienreg.html

"In addition to special registration procedures, the INS is also enforcing a previously-existing requirement that all aliens in the United States notify the INS of a change of address within 10 days. These general registration procedures apply to all aliens, with only limited exceptions."

"Under the existing regulations at 8 CFR §264.1(a), the INS registers entering nonimmigrants using Form I-94 (Arrival-Departure Record). Therefore, aliens who are issued Form I-94 are not required to be registered again unless their address changes subsequent to the issuance of Form I-94."

Rebecca Jo

Female

United Kingdom

2011-10-11 21:34:00

I wonder if this will work?

http://www.uscis.gov...00045f3d6a1RCRD

Purpose of Form :

To report the change of address of an alien in the United States. If you are subject to Special Registration, see Form AR-11 Special Registration.

IN the United States. As in "already in". Not standing at the Port of Entry.

Edited by Rebecca Jo, 11 October 2011 - 08:56 PM.

Rebecca Jo

Female

United Kingdom

2011-10-11 20:55:00

look... someone that has been in the same situation. surely that should end all arguments!!!!!!!!!!

You would think, wouldn't you?

Rebecca Jo

Female

United Kingdom

2011-10-11 20:42:00

http://***removed***...read.php?t=1073

"In Secondary, your details will be entered into the computer and you may be asked a few confirming questions, all things that you already know (how long you've been married, where are you going etc). You will want to confirm your US mailing address here: this will now be your address of record, and ANY change of address MUST be reported, by law, via Form AR-11 from this point on."

Edited by Rebecca Jo, 11 October 2011 - 08:40 PM.

Rebecca Jo

Female

United Kingdom

2011-10-11 20:39:00

Script:

USCIS says: Mr Kenny, we are not going to renew your wife's greencard...

Kenny Says; why is that sir.

USCIS Says; Mr Kenny, the process is clear, you must maintain a current address with USCIS and you failed to do that..

Kenny Says; well, my wife put the address on the I-94, because we were told by a VJ member, that was ok...

USCIS says; Mr Kenny, that is not the Published Process.. You must submit the AR-11 as defined in the instructions...

How sad would any of us feel if our Spouses were taken away from any of us due to a simple oversight or misunderstand... I would be devastated.. Taking 2 minutes to complete the AR-11 per the instructions, is simple thing to do and is according to the process defined by the USCIS...

That is the advise that VJ'rs should give...

Erm.

Applicants to adjust status don't get turned down because they didn't report an address change.

The advise that VJ'ers give should not put unnecessary fear into people's minds.

I'm still trying to figure out why this means so much to you. Is it hard to understand that the DS-156 (which the OP spoke of) is a State Department form? That was not in the packet originally sent to USCIS? And that you can't update something USCIS doesn't have? Do you really think an I-94 is a worthless scrap document that no one pays any attention to? Do you really believe that CBP does not have the authority and/or duty to begin a K1 entrants file with the information reported on that I94?

Go on. Convince me that an I94 is nothing.

Edited by Rebecca Jo, 11 October 2011 - 08:36 PM.

Rebecca Jo

Female

United Kingdom

2011-10-11 20:32:00

We should always, follow the law when giving advise.. Anything else is bad advise..

Let's not confuse your vendetta with the INA.

Rebecca Jo

Female

United Kingdom

2011-10-11 14:12:00

YUP!!!!

Would you stake your life on it? I wouldn't...

The process says to complete the AR-11, it does not say to leave the info with CBP... If you give advise contrary to the published process, it is dangerrous advise and could result in problems for anyone following the advise...

I dont believe the USCIS would accept.. "Well Rebecca Jo said...." as a acceptable explaination...

Not following the process as outlined is risking your entire immigration status.. THe fact is, all non us citizens must report thier current address using the AR-11. If it meant only Permanent Residents, it would specifically say that.. It also says, the proper method to report current address is to use the AR-11.. If there were alternate methods, it would state that...

Always follow the proper procedures... That way, if any questions come up later, you're covered.. If you dont follow the proper procedure, you are not covered and have no recourse..

The USA isn't a gulag, Kenny.

Really you are over-reacting to this situation. The OP asked a simple question and you turn it into something entirely different. I bet if someone other than me were making these statements, you'd have no dog in the fight at all.

Rebecca Jo

Female

United Kingdom

2011-10-11 14:03:00

Penalties for Failure to Comply

A willful failure to give written notice to the USCIS of a change of address within 10 days of moving to the new address is a misdemeanor crime. If convicted, you (or parent or legal guardian of an alien under age 14 who is required to give notice) can be fined up to $200 or imprisoned up to 30 days, or both. The alien may also be subject to removal from the United States. (INA § 266(b)). Compliance with the requirement to notify the USCIS of any address changes is also a condition of your stay in the United States. Failure to comply could also jeopardize your ability to obtain a future visa or other immigration benefit.

______________________________________________________________________________________________

Now I ask you; Is it worth the risk?

Oh gosh.

*sigh*

Rebecca Jo

Female

United Kingdom

2011-10-11 14:01:00

Love Love

Make sure that USCIS has your correct address,, Not having a correct address can get you in serious trouble.. If you provide that at your POE, verify with the Immigration Officer that it will be updated.. I am not so sure it does.. Doing an AR-11 and saving the confimation is your safest method to ensure that you've followed the law..

the law specifically states all non us-citizens.. The only exceptions are the ones stipulated.. Dont ever make the mistake of listening to only the advise here, verify everything people tell you... Use the advise VJ gives you to steer you in the right direction, but make sure that it conforms to the law..

good luck on your trip and hope you have a easy POE..

Kenny

Would you have us believe that CBP opens K1 packets, issues I-94's, and otherwise performs admissions at the border, only to not pass that information on to other agencies?

Rebecca Jo

Female

United Kingdom

2011-10-11 11:27:00

I should also add the reason the address change is not necessary is because the immigrant reports their address on the I94 at entry.

Here's a reference to this question at another forum:

http://britishexpats...ange of address

"Even if you use the old address on your visa forms, and she moves after you begin your part of the visa process, it's still OK...you can update her address at your visa interview, or even at the POE when you arrive."

Edited by Rebecca Jo, 11 October 2011 - 06:16 AM.

Rebecca Jo

Female

United Kingdom

2011-10-11 06:11:00

Did you read the paragraph following your post...

It says..

In addition to changing your address for a pending application the law requires that all non-U.S. citizens, except for holders of A or G visas, report a change of address within 10 days of moving by completing a USCIS Form AR-11, Change of Address.

This is a reference to permanent residents (holders of greencards) who are required to report change of address.

LoveLoveLove need not worry about reporting anything at this time. She will report the new address when she files her application to adjust status.

Rebecca Jo

Female

United Kingdom

2011-10-11 05:51:00

https://egov.uscis.g...i/go?action=coa

"Online Change of Address is a web-based tool that allows you to change your address online so that USCIS can contact you regarding your status. Customers who have filed an application or petition with USCIS but have not yet received a decision (a "pending" case) should notify USCIS of any change of address as soon as possible after moving."

Rebecca Jo

Female

United Kingdom

2011-10-10 20:27:00

From USCIS Website..

I would definetly make sure USCIS has a correct and current address for you...

Kenny, there is no pending application. There is no reason to file a change of address.

This has been discussed at length in past threads if anyone cares to use the search function.

Rebecca Jo

Female

United Kingdom

2011-10-10 20:24:00

You're welcome!

Rebecca Jo

Female

United Kingdom

2011-10-10 19:50:00

yes thats right we have no pending case bec ours have been approved, i am just concerned with the immigration process at my POE, there will be a discrepancy on the address on my DS form and on my I94 (which i am going to fill up before my POE)

Don't worry, it won't matter what you listed previously for his address. I doubt anyone will notice when your packet is opened at POE. They aren't checking for things like that. They are mostly checking to make sure that the consulate put everything in the packet they were supposed to.

Rebecca Jo

Female

United Kingdom

2011-10-10 19:34:00

No problem, you are allowed to move anytime you want. After you arrive fill out an AR-11 change of address form and mail to the address in the instructions. Google AR-11

No, that's not necessary.

tell them he moved and then file a change of address with USCIS. Simple.

No, there's no case in process anymore. USCIS would not know what to do with a change of address sent under these circumstances.

Rebecca Jo

Female

United Kingdom

2011-10-10 19:24:00

There is no need to file a change of address.

Change of address is only for cases in process. You have no case in process right now. Your I-129F was "concluded" (as far as USCIS is concerned) when it was approved and sent to the NVC.

You will have another case in process when you file to adjust your status. At that time, report where you are living.

There is nothing for you to do other than that.

Rebecca Jo

Female

United Kingdom

2011-10-10 19:21:00

K1 visa to can be use to other states?

You don't need a visa to travel between states.

Rebecca Jo

Female

United Kingdom

2011-10-13 06:15:00

Affidavit of Support Query

Her and her mother live in the household at the moment, the near future may include her mums fiancee moving in, but thats not set in stone yet. I am happy with the situation of her sponsoring me and the money it involves, and thank you for answering that.

My question is (when i come to starting the visa/ sending the affidavit of support) her mothers previous 3 years income, will include time where she was unemployed, and time in a job which wouldnt meet the needs of the support. At the moment she earns about $31000, which seems to be sufficient. However i am worried that the past 3 years having unemployment included might hinder my visa process, or do they just take into account what she is earning at that moment in time, to show she could support me.

Also thank you for clearing up the part about making up the difference with assest etc, always handy to know.

At most London might want to see her most recent income tax return. Past years won't matter.

I asked about household size because I didn't know if Melaina had brothers or sisters. Unofficial rule of thumb for determining household size is to use the number of exemptions claimed on the Federal Income Tax return plus one for the intending immigrant. If she has just exempted herself and Melaina, then adding one for you is correct. Household of three.

Rebecca Jo

Female

United Kingdom

2011-10-17 21:15:00

Affidavit of Support Query

It's not five times assets for a family based case.

It's only three times.

If you are short $500 you need to show $1500 in assets to offset.

Don't mingle your assets with your future family. Not necessary.

I think 20K would be plenty. They used to let people off for just 2K.

Hi again Thanks for the help so far, i spoke to Melaina (gf) and her mum earns roughly $31,000 a year. Will that be enough to co sponsor me, i don't think it will, but I'm still not fully clear on this, and haven't had chance to read up on everything yet. In my head how I see it, her mother will need to earn 3times the 125% limit right? Because there will be 3 of us living together/ she will be "responsible" for 3 of us if it came down to it. Or would her income cover the co-sponsor needs?

Sorry for seeming dumb on this, i think i am frying my mind at the moment with all this, and im very busy learning other stuff at work too, i can feel my brain telling me to slow down lol. Anyway, any help on clearing that up will be appreciated

It is not necessarily that simple.

Who else lives in her household?

Rebecca Jo

Female

United Kingdom

2011-10-17 20:47:00

Working on K1

Someone in the SS office made a mistake with your wife's card. It happens. Lots of clerks in Social Security offices don't know what to do with K-1 entrants. Your "one off" is not some indication of a "trick" to get an unrestricted card. The restriction should have never been removed until your wife showed her greencard to the SSA. It was a mistake. She was mistakenly listed as work authorized.

Work authorization has been discussed ad nauseum here and other forums around the web. There is even a pinned thread about it here at VJ.

http://www.visajourn...without-an-ead/

I agree with you that no employer can force an alien to show them a specific document. But most aliens have only a SS card, a driver's license and either an EAD or a greencard. If they've got something else that satisfies the I-9, then they have every legal right to use that document. If I were an alien, I would much rather show my unrestricted SS card and driver's license than give my employer an immigration document. I'd rather be able to use the same documents as any other US citizen.

Rebecca Jo

Female

United Kingdom

2011-10-18 17:46:00

Can my fiancee work after entering the US on a K-1 visa?

I'm confused by your response, Tahoma.

You've been a member since 2008. Surely you have read threads of people going to the SS office successfully for their number and card. I know I have. Many many of them.

And I am also confused by your aggressive challenge. I am no expert; I am merely someone who has studied this part of the process extensively. My husband waited 18 months for his green card because of back logs at the time. This caused him to be in the US workplace with a restricted card for nearly two years. He had to pay for a second EAD and he had to twice prove to his employer that he was work authorized. My husband also was asked for a greencard by an employer, when he had an unrestricted card and a driver's license as proof of legality. So as I say, I am no expert but I've read and researched this topic about as extensively as any layperson would care to.

My "shreds of evidence" are in my husband's experience, and in the thread below.

http://www.visajourn...without-an-ead/

Edited by Rebecca Jo, 19 October 2011 - 06:11 AM.

Rebecca Jo

Female

United Kingdom

2011-10-19 06:08:00

Can my fiancee work after entering the US on a K-1 visa?

1) A K-1er is not required to show their SS card to an employer unless the employer uses the E-Verify system.

2) A K-1er's SS card will not always have "Not valid for work without DHS authorization" printed on it when the K-1er receives the card during their I-94 period.

Please see a more comprehensive discussion of this topic, including links, on this thread.

Any person, foreign or native born, must satisfy the requirements of the I-9 form to legally accept employment in the United States.

Look at the back of the I-9 form for a better understanding of this issue.

I have never in 7 years reading immigration forums heard of a K1 entrant whose SS card was not restricted. The card your wife received was a mistake. Just like another guy runs around these forums and talks about how his wife was given a SS number the day after she landed in the US, before she appeared in the SAVE system. Both incidents were one offs.

Rebecca Jo

Female

United Kingdom

2011-10-18 17:50:00

Affidavit of Support and Divorce Decree

Why take a chance? Just because one person got away with it doesn't mean you are going to get away with it.

Use certified copies of divorce papers. Also, use an original I-134.

Exactly.

Rebecca Jo

Female

United Kingdom

2011-10-17 17:43:00

Affidavit of Support and Divorce Decree

USCIS always accepts copies of any document for case approval. Even the instructions state that copies are fine.

Consular interview is different. Most times you will be asked to produce originals of "important" documents, such as birth certs; police reports; divorce decrees. This is done because people have been known to forge these documents, so the consulate may wish to see the original. One should plan on having originals on hand for any consulate.

The subject of divorce decrees is confusing because no one can ever have the "original". The "original" with the judge's signature is always on file with the Clerk's office in whatever county/parish the divorce occurred. However, the clerk's office can always provide you with a "certified copy" of a decree. "Certified" in the legal world means certified by the court to be a true and accurate copy of the original. Certification is accomplished by the Clerk/Registrar placing their seal or signature on the document, thereby authenticating the document. DOS will always accept a certified copy.

Edited by Rebecca Jo, 17 October 2011 - 04:25 PM.

Rebecca Jo

Female

United Kingdom

2011-10-17 16:24:00

Lawyer VS Visa Journey

Resurrecting this up for the weekend!

Rebecca Jo

Female

United Kingdom

2011-10-22 07:59:00

Lawyer VS Visa Journey

+1 to each!

I feel compelled to add that I used to feel this way.

As time has passed during our immigration journey, and I've read stories of difficult cases, my position has changed to a more cautious one.

Rebecca Jo

Female

United Kingdom

2011-10-17 16:42:00