ForumTitleContentMemberSexCountryDate/Time
Removing Conditions on Residency General Discussionbuying a house as a conditional resident

Quite frankly, I would be surprised if his parents agreed to graciously donate the money and have the house under both spouses' names. It is not a matter of disregarding the relationship, it is just a matter of protecting their assets. I assume they did not win the money at the national lottery, and that earning that money cost them time and effort. To the OP: you are free to tell them 'no thank you'. I suspect that in that case they will not give him any money to buy any house. To those who say that without her he would not have had the "great privilege of buying a house in America (really? Will all those property taxes you call it a privilege?!): foreigners make real estate investments in the US all the time, without being residents or without living here. Plus, he could have bought a nice house someplace else. 

 

The money ceases to be their asset the moment it is given to someone else, does it not?


JohnR!MaleMonaco2013-06-03 12:02:00
Removing Conditions on Residency General Discussionbuying a house as a conditional resident

 

Everythink you both work for, yes. Something that someone else paid for, no. That's why inherited money belong only to the person that inherits them, not to the spouse as well.

 

However, the issue at hand is not to whom the money belongs, so much as the house being in the name of both.   Isn't that what the 'for richer or poorer' part of the vows are meant to convey?

 

IMHO it is one of those situations in that it is not for the spouse to take, so much as the recipient's to give.


Edited by Gegel, 03 June 2013 - 09:21 AM.

JohnR!MaleMonaco2013-06-03 09:20:00
Removing Conditions on Residency General Discussionbuying a house as a conditional resident

My husband's conditional green card will be up in January 2014.  We currently are in the market to buy a house.  His parents have graciously offered to give us a large chuck of money towards the house but insist the house can only be in my husband's name.  I'm not comfortable with this, especially so close to permanent residency eligibility.  Would this be a red flag to immigration? We have joint bank accounts, investments, cars, and an apartment lease in our name.  

 

So long as you can explain to the USCIS, rationally, why the house is in his name only it will not be a red flag.  Each case is unique and there are many other factors to be considered.

 

What in my opinion, is a bigger red flag, albeit unrelated to his immigration status, is the fact that your in-laws should desire to control your marriage.  That your husband would entertain that notion counts as a red flag in my book.  It is my personal opinion that one should never give money with strings attached, except in business transactions.  You should either trust the recipient to put the money to good use or not give out the money at all in the first place.  Again, IMHO, you would be better off saving the money for a down payment yourselves and entering a mortgage together. 

 

Good luck!


Edited by Gegel, 03 June 2013 - 09:15 AM.

JohnR!MaleMonaco2013-06-03 09:15:00
Removing Conditions on Residency General DiscussionTax returns as evidence for removal of conditions - help

Hello everyone.

I need to file for my removal of conditions by the end of this month and I have a few questions. If someone can help me I would very grateful:

 

a) Better to use Tax Returns or Tax Transcripts as proof of bonafide marriage? If Tax Returns are good enough, do I need to include the whole 30 odd pages?

 

b) more importantly! My wife and I, (I am the green card holder by the way), filed the 2012 taxes together. However I did not file in the USA in 2011 because I filed my taxes in Italy that year. I was granted permanent residence in September 2011. Our accountant suggested that my wife file her 2011 taxes as "Married filing Separately" and suggested that I do not file taxes in the USA for 2011 otherwise I would have had to report my worldwide income. Is this going to be a problem?

Basically, I would be sending:

-copy of my wife's (American citizen) tax return for 2011. Filed as married but filing separately.

-copy of our jointly filed 2012 personal tax returns

-copy of our jointly filed 2012 partnership tax returns (we own and run a business here in the US)

 

Will this be enough or am I going to have some issues?

 

Thanks a bunch to anyone who can give me a hand.

 

 

If you have the time, get the IRS transcripts. You can order them online www.irs.gov .  They are free and should arrive within a week.

 

If you were a resident in the US prior to 12/31/2011 you will need to file your taxes for that year.  Your wife can amend her taxes and change her status to 'married filing jointly' or you can file individually as 'married filing separately'.    It is not hard to do at all.

 

Good luck!


JohnR!MaleMonaco2013-06-13 13:25:00
Removing Conditions on Residency General DiscussionHow to request a tax transcript?

Why I cannot do it online? It keeps saying an error that the address is not in the system. Why? I have lived under that address for 3 years...and no, I don't think I wrote anything wrong....street number, and street name, and then zip code....anyone had similar experience? sad.png

 

Are you entering your name and address exactly as they appear on your tax returns?


JohnR!MaleMonaco2013-07-12 10:42:00
Removing Conditions on Residency General DiscussionHow to request a tax transcript?

Check out this link

 

http://www.irs.gov/I...er-a-Transcript

 

Good luck!


JohnR!MaleMonaco2013-07-12 10:19:00
Removing Conditions on Residency General DiscussionRFE re: "Good Faith marriage" - what to do if limited evidence of financial co-mingling

Jess, the red flag is the lack of an active joint bank account.  The evidence you have is indeed weak - no judgment call there - and it would behoove you to get those affidavits not only from family but from neighbors and co-workers.

 

You don't need a will, because you are already married and that makes you beneficiaries of each others, unless there is a will to the contrary.

 

It will help if you add your husband to the lease and to the insurance policies.  Do not worry that these will be dated after the RFE and there is no shame in admitting to the USCIS you did what it took to prove yours is a bona fide marriage, well, because it is!  :-)

 

Good luck!


JohnR!MaleMonaco2013-07-10 09:50:00
Removing Conditions on Residency General DiscussionDivorce within 4 months after getting 10 year GC

This posting is for my friend who got his permanent GC this June 2013 and he is in the situation where his wife (Citizen) wants the divorce asap now.

He said that she called the USCIS that the marriage is fraud, but from what I have seen they were living as a couple and I have not seen any issues in their 3.5 years of marriage. They went to cruises, visited places, hang around with me with no issues. They were on the same lease, joint bank accounts, joint phone bills, joint 401(k), joint everything. 

 

Now,  Is he going to be in trouble after getting divorce? I feel sorry for him, but I don't know what to say or state?

 

Your friend should be OK.  It will be up to the wife to press the USCIS for a followup investigation and I doubt the USCIS would be interested in her story.


JohnR!MaleMonaco2013-07-23 08:39:00
Removing Conditions on Residency General DiscussionQuestion about affidavit

Should an affidavit be coming from a disinterested person? Or a family member is ok? Thanks!

 

If you are speaking of an affidavit of bona fide relationship, it may come from anyone who knows you and your wife.  Although family always counts, it also helps if you can have your friends, neighbors and co-workers write their own.  Oftentimes these are the people who know a couple better than some family members.


JohnR!MaleMonaco2013-08-12 08:27:00
Removing Conditions on Residency General Discussionwhen to file I-751: came on K1 status

When do we file I-751? What is the 90 day window? Is it 90 days upon entering USA? does that mean I have to include it in the I-485 packet? or is it after I-485 is approved? What is joint filing? One spouse is already USA citizen, the other spouse entered on K1, do we do joint filing in this case?

 

 

As said above.  Good advice.


Edited by Gegel, 29 October 2013 - 09:47 AM.

JohnR!MaleMonaco2013-10-29 09:46:00
Removing Conditions on Residency General DiscussionI-751 denied what can i do

After reading this decision, everything is possible,lol. I am speechless here

 

http://www.justice.g...et97/gumpas.pdf

 

Thank you for posting this.  I would not have believed it had I not read it myself...  #######?!


JohnR!MaleMonaco2013-12-12 14:50:00
Removing Conditions on Residency General DiscussionI-751 denied what can i do

[...] i asked her what it was and she said it was divorce and if want to see her happy to singe it. which i did. but i did not no she wrote that i left her 3 months after  the marriage. which was a lie. and she said it was divorce instead of an annulment. that was a lie. [...]

 

If you actually signed a petition to have your marriage annulled, you have no grounds upon which to request residence in the US.  An annulment is different from a divorce in that the latter dissolves an existing union, whereas the former nullifies such union as though you had never been married in the first place.

 

You will need an immigration lawyer.  This is not a DIY situation.  Good luck.


JohnR!MaleMonaco2013-12-11 15:11:00
Removing Conditions on Residency General DiscussionWhen can I file for my US Citizenship

Here is the guide:

 

http://www.uscis.gov...-naturalization

 

Good luck!


JohnR!MaleMonaco2013-12-16 17:14:00
Removing Conditions on Residency General DiscussionROC- not living together

Ask your husband to keep a log of all job applications and interviews if he is unable to get a job in Boston.  Names, dates and phone numbers would help, in case the USCIS wants to verify that he did a reasonable effort to get a job there.  Keep records of financial transfers from his account to yours and v.v.  Having credit cards and checking account in both names also helps.

 

in the end, your attitude towards ROC should be one that is self explanatory when asked why you have not lived together for the last 12 months or so.  You should have means to explain and show evidence that living is separate cities was the only alternative, however undesirable.

Good luck! 


Edited by Gegel, 27 December 2013 - 11:24 AM.

JohnR!MaleMonaco2013-12-27 11:23:00
Removing Conditions on Residency General Discussionremove conditions on Green card after divorce

I have no more evidence other than what I sent to them. I don't know if letters from my parents are good enough or not!!

I have no more connection with her or her family.

 

Apparently the evidence you sent is not enough to satisfy the USCIS.  An affidavit from her side of the family would help.  I would strongly recommend you reach out to them and ask for it. 


JohnR!MaleMonaco2014-02-21 11:31:00
Removing Conditions on Residency General Discussionremove conditions on Green card after divorce

Consider adding some affidavits from neighbors, coworkers and people who would know you during your marriage.  It would also help if you could attach such affidavits from your former spouse and his/her family.  These affidavits do not require a specific format nor do they have to be notarized.

 

Good luck!


JohnR!MaleMonaco2014-02-20 14:00:00
K-3 Spouse Visa Process & ProceduresAre we eligible ?

With a K-3, you do part of the process in your home country and the remainder upon arrival in the US.  In essence, the K-3 is a non-immigrant visa, which means, upon arrival in the US you would need to begin the process of Adjustment of Status - AOS.  It was/is used for the wives of US citizens who intend to enter the US with the purpose of establishing residence.

 

The CR/IR is an immigrant visa, which means you do the entire vetting process in your home country and you become a legal permanent resident - LPR - the moment your visa is stamped - endorsed - upon arrival in the US.  It means once you are admitted there is no AOS to follow.

 

Because the CR/IR process requires more documentation, it used to take longer than the K-3 visas.  That has changes and nowadays both processes last the same, thence the USCIS converting most K-3 processes into CR/IR.

 

The process takes, in average, 12 months, but it may vary depending on the country and individuals involved.

 

In summary, the K-3 and CR/IR visas will take you to the same destination.

 

I hope this helps.


Edited by Gegel, 20 January 2014 - 12:20 PM.

JohnR!MaleMonaco2014-01-20 12:16:00
K-3 Spouse Visa Process & ProceduresAre we eligible ?

You can apply for a K-3 but chances are your process will be processed as a CR/IR.  The processing time for K-3 and CR/IR visas is virtually the same, so you are better off with the latter - upon arrival, the beneficiary will have no further processing to do stateside.

 

check out this link for more details:  http://travel.state....preference.html

 

Good luck!


Edited by Gegel, 20 January 2014 - 11:37 AM.

JohnR!MaleMonaco2014-01-20 11:36:00
K-3 Spouse Visa Process & ProceduresTotally lost

You need to annul the marriage you contracted while your former wife was still alive.


JohnR!MaleMonaco2014-07-17 13:52:00
K-3 Spouse Visa Process & ProceduresBest and quickest option?

The quickest visa in your case would be the K-1, fiance visa, which takes in average 6 months.  K-3 visas have been superseded by CR/IR visas so they are all but extinct and it takes in average 1 year to complete.  With a K-1 visa you can enter the US for the purpose of getting married and establishing residence. You are required to marry within 90 days of your arrival and start the process of AOS to become a resident.  The trade off is that it will take you about 90 days (from the time you file for AOS) for you to receive your work permit.  At best you are looking at 4 months without a job once you're stateside.

With the CR/IR, you're allowed to work the moment you enter the US.  Neither visa is without wait and anxiety so the decision is ultimately yours.

In both cases you can enter the US to visit your fiance (or husband) while you wait for your visa to be processed in Canada.

Good luck and congrats!


JohnR!MaleMonaco2014-07-28 23:01:00
US Embassy and Consulate DiscussionUnder age green card holder and wanted to be a citizen

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Please HELP! Need advise ASAP!

My cousin and her 2 kids who are now 16 and 15 are still permanent resident card holder. They were petitioned by my cousins Dad in January of 2004. Unfortunately my cousin has cancer and we don't know her fate. Now the problem is, the kids are not yet citizen, if something happens to the Mom, are they going to be deported? What can we do to avoid future problems with their status. The kids wanted to be an American citizen and they want to live here as much as possible.

Thank you all for your help!


They cannot apply for citizenship before they turn 18 . Your cousin can make legal arrangements so that in the event of her passing her dad can be named guardian and given custody of the kids until they reach legal adulthood, assuming their father is not anywhere near this picture. That is not uncommon and all you need is a lawyer who specializes in family law to draw and file the necessary documents.
I wish her well and hope she wins this battle.
JohnR!MaleMonaco2012-07-09 18:57:00
US Embassy and Consulate DiscussionI-130 visa interview (arrested at 15yoa)

Since 2010 i have received 3 separate J1 visas to work and study in the US, however, each time i applied for one i had to attend a 'special' interview called a VCU interview. It's such an inconvenience because i had to travel to London each time to attend this interview. I guess i'm reaping what i sowed though.

Anyway, this past march my fiancee and i got married (woohoo (: ) in Virginia but i had to return to the UK to finish school and obviously apply for a visa. We are currently working through all of the I-130 paperwork and supporting documents, all of which we now have.

My question is - when filing the I-130 is there a particular procedure we have to follow as i was arrested, how and when do i declare it, will i need to attend a different interview than normal?


At some point you will have to answer questions in regards to your 'criminal' past. It will not impair your application in any way, provided that you have served your time. There is no special procedure because of that episode in your life, other than at some point you need to be prepared to talk about it. We all were teenagers at some point and we all did something stupid, so do not worry too much about it. If your record in Britain is clear of any pending sentences, you are fine.
JohnR!MaleMonaco2012-07-09 13:02:00
US Embassy and Consulate DiscussionDomicile Question

Think big picture. Big picture = obtaining the visa.

Time to get serious about assembling the proof needed to obtain the visa. There have been exhaustive discussions here on VJ about the domicile question with members posting extensive lists of what has been submitted to establish domicile.

You may need to return to the US and get a job, open a bank account, obtain a drivers license, register to vote, etc.

It's nice that you want to be close to your wife. If living together in the US is the goal, you may have to spend a few weeks apart.


:thumbs: :thumbs: :thumbs: x2
JohnR!MaleMonaco2012-07-20 14:04:00
US Embassy and Consulate DiscussionVisa Interview Next Week and Post Office(s) Has/Have Lost My Packet! Also, Do we pay fees now for kids who will follow later?

Thanks for the message! We went ahead and rescheduled, just to be safe. We are now scheduled for the 13th. Even if I sent DHL today, there is no way to guarantee anything, what with the long weekend ahead of us. That being said, I'm giving it one more day and then re-sending everything via DHL.

I am waiting for a reply from the Consulate regarding the kid question. If anyone has insight into this, that would be much appreciated, too. Thanks so much, everyone.


:) Anytime... I hope all works out well this time!!!
JohnR!MaleMonaco2012-08-29 08:31:00
US Embassy and Consulate DiscussionVisa Interview Next Week and Post Office(s) Has/Have Lost My Packet! Also, Do we pay fees now for kids who will follow later?

What would you advise I do? Pay twice as much as I did the first time to re-send everything via FedEx or DHL?




Absolutely. Cut your losses and send the copies of the documents he will need via FedEx, DHL, TNT or any other courier.

Either that or your fiance will have to reschedule the interview if the papers you sent him are required.

Good luck!
JohnR!MaleMonaco2012-08-28 14:13:00
US Embassy and Consulate DiscussionGuanzhou Consolate K1 Visa approval to receipt time

Yes I realize that, but trying to decide if gambling is worth it. I'm sure it would be possible to reschedule the flight with a small loss if something were to happen.


Understood! The best case scenario would allow 14 days for the visa to be delivered to the beneficiary after the interview.
JohnR!MaleMonaco2013-04-24 13:59:00
US Embassy and Consulate DiscussionGuanzhou Consolate K1 Visa approval to receipt time

We should have our interview this coming July. I am wondering if all goes well and the Visa is approved after the interview, is there a reasonably safe amount of time to book a flight afterward, maybe 10 days? I am planning to spend two weeks in China with the Visa interview at the beginning. We are hoping she can come back on the same flight with me, but don't know how reasonable that is to expect.

Thanks!


You should never book a flight before your visa has been delivered, unless the airfare is refundable or you are willing to lose it.
JohnR!MaleMonaco2013-04-24 13:28:00
US Embassy and Consulate DiscussionGot Interview date at Rio consulate. Need to change date? How possible is this?

It's really important that we both attend the interview for physical and moral support. We are hoping that the Rio consulate gets back to us soon and is willing to give us a new interview, even if it's a few weeks later.

 

What are the chances they do this? Has anyone ever been able to reschedule with a consulate in terms of an interview date?

 

 

 

 

You can reschedule your interview without any problems.  There are no drawbacks,  but you can't choose the new date either.


JohnR!MaleMonaco2013-05-08 07:32:00
US Embassy and Consulate DiscussionGot Interview date at Rio consulate. Need to change date? How possible is this?

We were given an interview date this morning on the day after Memorial Day (5/28). I literally have the entire week off starting with May 29th, but could not attend the interview in Rio with my partner (who lives in Rio) until 5/29...or after.

 

We have requested an interview change date of May 30 or 31st.

 

 My question is this: how common is it for people to request interview changes? Is it considered a grave offense to ask for a new date?

 

 My partner could of course attend, but the whole goal was for me to fly there to be with her for the interview....

 

 I can't believe they gave us just three weeks notice. Consulate only accepts email, so we've written them back and are now waiting...

 

 Just hoping that they don't sock us with a date a month later or something...happy that it's happening so soon, but gosh, the timing!

 

 

 

Appointments are scheduled in blocks, so it would be nothing short of a miracle if he were able to reschedule the interview for the next couple of days. Chances are his file will be placed in the next group, a month or so away.

 

On a positive note, the petitioner is not required to be present for the interview, so he can go it alone.


Edited by Gegel, 07 May 2013 - 09:54 AM.

JohnR!MaleMonaco2013-05-07 09:52:00
US Embassy and Consulate DiscussionTax Transcrits from IRS itself for K1 Manila Embassy Interview

Just as when I am checking, my fiancé forgot to include his 2012 W2. Well I have 2010,2011, 2012 W2, 1040 and Tax transcripts from IRS, but the only missing is W2 from 2012.

Do I need to tell him to send it via email? Or all I have is good? Thank you. I need your help.

 

 

You are fine.  The tax transcripts from the IRS preclude the need to send in any other tax form.  Chances are they will not even look at the 1040's & W-2 if the transcripts are present.


JohnR!MaleMonaco2013-08-14 09:00:00
US Embassy and Consulate DiscussionUS embassies in all countries accept same sex cases ?

Hi guys

does any body know if the US embassies in all the countries accept same sex K1?

is it possible that US embassy in any country does not accept the same sex K1 even though it is approved by USCIS?

thank you all 

 

All of them do.  The process for K-1 is the same for everyone.


JohnR!MaleMonaco2013-08-28 12:07:00
US Embassy and Consulate DiscussionFailed Medical I really need your help

OH OK 

 

good.gif


JohnR!MaleMonaco2013-08-02 11:15:00
US Embassy and Consulate DiscussionFailed Medical I really need your help

The medical and what is said is not confidential when it comes to the consulate, the consulate is privy to everything. The doctor must inform them of any suicide attempts as they do not allow anyone who could potentially to a harm to themselves or others, to be admitted to the US. Not to mention the fact that testing positive for marijuana is an automatic denial. 

 

I meant confidential in the sense it needs not be discussed in a public forum lest people become judgmental.


JohnR!MaleMonaco2013-08-02 10:12:00
US Embassy and Consulate DiscussionFailed Medical I really need your help

I am not sure about the alcohol or suicide attempts and quite possibly it will depend on her exchange with the MD, which is and should remain confidential.  However, if she proves positive for THC, chances are her visa will be denied and she will have to test clean during the next year before she can take another test.

 

There is little you can do other than show support and be a mom, albeit from a distance.

 

I hope it all works out for her.  Good luck!


JohnR!MaleMonaco2013-08-02 09:33:00
US Embassy and Consulate DiscussionOriginals at interview?

Ihi everyone, I need to know if at the tine of the interview my fince will need to present originals of mine and our sons birth certificates(from argentina) or are copies fine?

 

He should have both.  Give the interviewing officer the copies and be prepared to show the originals if asked to.  Don't count on any originals being returned to him, so tell him not to leave those with the consulate.


Edited by Gegel, 21 October 2013 - 11:30 AM.

JohnR!MaleMonaco2013-10-21 11:30:00
US Embassy and Consulate DiscussionWill scars from being a teenager hinder fiance in medical exam?

How likely is it for him to pass the medical with all of this honestly?
 


It will all depend on his current state. It will all depend on the evaluation of a psychiatrist, but that is my opinion only. I really do not believe the doctor who will examine him for his visa will brush off the scars, regardless of how old they are.
In my opinion, he would be better off seeking a psychiatrist on his own and getting an evaluation to present on the day of his physical. Optionally he should be prepared to discuss it with the examining physician and count on the possibility he may be asked to seek a psychiatrist and get a professional evaluation done.
Provided he is fine, this all might represent some additional processing time for his visa application.
I don't believe he will be denied with no recourse, if taht is what you are asking. I do believe however his application will perhaps require a couple of extra steps, which might add to the overall processing time.
What I am trying to say is that it is the not the end of the line for you guys, but in all likelihood neither will it be a walk in the park.





JohnR!MaleMonaco2013-12-15 16:39:00
US Embassy and Consulate DiscussionWill scars from being a teenager hinder fiance in medical exam?

We are so upset about this right now. It feels like we are utterly screwed.
 


I think that the anxiety speaking and I also think it is only nautral you feel this way. I don't think anyone will be able to give you the assurances you need but if you look at it objectively, you have a course of action, you know what needs to be done, and that is already a step in the right direction.

You can't change the past. Put it behind you and move on. You can only change the future, and by the information you are getting here you are already effecting changes in your future. Your concern is justified, so try to use it to your advantage in order to plan ahead on your steps and mitigate risks.



JohnR!MaleMonaco2013-12-15 16:23:00
US Embassy and Consulate DiscussionWill scars from being a teenager hinder fiance in medical exam?

He never sought a doctor during that time of his life since it was a short period. So there is nothing on his record about it.
 


In that case a psychiatrist should be able to get him sorted out with a professional evaluation for his physical.

He should be OK.



JohnR!MaleMonaco2013-12-15 15:15:00
US Embassy and Consulate DiscussionWill scars from being a teenager hinder fiance in medical exam?

He does not have a regular doctor. But can't he just seek out a specialist before the exam and get a psyciactric evaluation and then they write out the letter?
 

That is what most here are suggesting he does. Not disclosing what happened, during the physical, is not an option for the scars will provide evidence to that. Have your fiance seek a psychiatrist who can examine him and give him an evaluation of his current state, and give him a written assessment to the effect he is not a danger to himself or others, presently. He may be able to get help where he sought treatment or care, way back when he tried to hurt himself. They should have a record of his treatment at the time.
Taking responsiblity for one's actions is a big part of coping with with reality and healing old wounds. IMHO he is better served dealing with this issue head on as he seeks to immigrate to America.
Good luck!

Edited by Gegel, 15 December 2013 - 03:05 PM.



JohnR!MaleMonaco2013-12-15 15:04:00
US Citizenship General DiscussionNo oath after 7 months, Passed Interview

just give me some feedback i'd really appreciate it ... case currently under review by an Immigration Officer.


Joker, it means 'you sit and wait'. If all you are waiting for is the swearing ceremony, there is nothing else to do.

Chill and congrats!
JohnR!MaleMonaco2012-05-29 13:12:00