biggish data

I am back

... In point of fact, I suppose I would like to make the distinction that the two (bitterness and wishing another well) are not necessarily mutually exclusive.

Well, bitterness or whatever, don't you think the phrase 'suffering their fate' is just a bit....well.....creepy?

No, not at all

The ex-fiancée chose her path, and whatever comes of that is her own issue. JVMilan owes her no further emotional energy, as it is evident she expended none on him. I think the comment was rather factual, and yet, JVMilan is still able to offer both the fiancee and her family the best of luck with whatever consequences come from her choices.

diadromous mermaid

Female

2006-11-09 17:43:00

I am back

I have met the most wonderful and loving girl. I will be going to Cebu 12/20/06 through 1/3/07 to be with her. I will get all docs done then. As I have learned what is needed through my past expirences. So this will be my first time in the Philippines for the xmas season and I will be with a girl that will honnor me while I am there.

I am happy again!

Oh yes the last girl and family is suffering their fate for what they did to me, but I still wish them well and do not hold any anger to them.

Thanks to all of the good and caring people on this board becasue you can and do give support to us who do need it.

Joe

As difficult as it was for you to go through the first process, I believe, as a result, you'll be more equipped to detect possible signs that a relationship is going wrong. Best of luck and here's hoping this time it is all that you dreamed it could be, jvmilan.

Oh yes the last girl and family is suffering their fate for what they did to me, but I still wish them well and do not hold any anger to them.

A rather contradictory statement.

Not contradictory at all. People govern their own fate, and if jvmilan's former fiancé is experiencing difficulties, then that does not necessarily have anything to do with the victim.

Please resist the cynicism.

It isn't cynicism, not really, I was remarking on the way he brings up the fact his previous fiancee and her family are suffering, almost revelling in it, and then finished off his statement with the "oh but I wish her well" comment. Seems a bit odd really for someone who is has no residual bitterness.

But, I wish him well for his future endeavors of course. I hope he is very happy.

I think jvmilan crafted this post in such a way that it was acknowledging that some might recall that he had submitted a K-1 in the past. Therefore, mention of his former fiancée is not at all out of line. Furthermore, while I can't speak specifically for jvmilan, one can wish someone well, and not harbour bitterness. Additionally, after having been used by someone, in my opinion, there's nothing wrong with feeling bitter, either ~ there is something wrong with acting on the bitterness, with revenge as a motivation. In point of fact, I suppose I would like to make the distinction that the two (bitterness and wishing another well) are not necessarily mutually exclusive.

diadromous mermaid

Female

2006-11-08 14:14:00

I am back

I have met the most wonderful and loving girl. I will be going to Cebu 12/20/06 through 1/3/07 to be with her. I will get all docs done then. As I have learned what is needed through my past expirences. So this will be my first time in the Philippines for the xmas season and I will be with a girl that will honnor me while I am there.

I am happy again!

Oh yes the last girl and family is suffering their fate for what they did to me, but I still wish them well and do not hold any anger to them.

Thanks to all of the good and caring people on this board becasue you can and do give support to us who do need it.

Joe

As difficult as it was for you to go through the first process, I believe, as a result, you'll be more equipped to detect possible signs that a relationship is going wrong. Best of luck and here's hoping this time it is all that you dreamed it could be, jvmilan.

Oh yes the last girl and family is suffering their fate for what they did to me, but I still wish them well and do not hold any anger to them.

A rather contradictory statement.

Not contradictory at all. People govern their own fate, and if jvmilan's former fiancé is experiencing difficulties, then that does not necessarily have anything to do with the victim.

Please resist the cynicism.

diadromous mermaid

Female

2006-11-08 11:50:00

If petitioner is on welfare

If she is aq mother w/3 kids on welfare she should go to the local trailer park bar and meet a husband. She got no business being approved.

A prickly cactus, I see :lol:

Be nice, please.

diadromous mermaid

Female

2006-12-24 11:38:00

If petitioner is on welfare

The petitioner need a co-sponsor capable of supporting them, 2 children and the immigrant, as well as anyone in the co sponsor's household. (5+ people) at or above 125% poverty level.

I believe the correction is... The petitioner would indeed need a co-sponsor. but it would be for the immigrant.. and the sponsor.. therefore if the sponsor was single it would be hisself + 1 the petitioner. The sponsor is gaurenteeing the ability to support the Immigrant not the FIANCE.. who from what it sounds is the USC. A USC can be on assistance.. just not able to sponsor.

Are we referring to the I-134 here? The petitioner, (the US citizen fiancé) would be required to overcome the public charge element. Comprehensive information regarding public charge is covered in the Foreign Affairs Manual. A co-sponsor would be needed.

diadromous mermaid

Female

2006-12-24 07:25:00

meeting requirement

hi there..I am new, please bear with me!

My situation is this- I live in the states, my fiance lives in Mexico. We had planned on meeting in person, but are reviewing all our options. I have had some phyical issues with my back (well documented medically, along with permanent restrictions from my doctor) that would make me traveling to Mexico extremely difficult, if not impossible. We had planned for him to come here on a tourist visa- but the reality is we want him to come her permanently. I am trying to find the best way to accomplish this, and had come across the K-1 visa. We don't want to defraud anyone, as with the tourist visa you have to proove your intent to NOT stay here...and that is our ultimate goal- to be together here permanently. Since I recently had some complications with my health, it became even more clear how hard it is not having him here- the worry alone on his part was hell.

So to get to my point- has anyone here obtained a visa, or had experience getting the K-1 visa without having met each other in person within the last 2 years bit? used the "extreme hardship" waiver thing? Does this mean that realistically I have to find someway to survive the plane trip and go there first? Any help here would be awesome. oh, and we have tons of proof of ongoing relationship- phone records, online records EVERYDAY, etc. We love each other so much, and just want to be together. I am just not sure how to handle the personal meeting bit, not to mention it will be almost worse to have him here, and send him back. T_T

thank you!

Without discounting your apparent physical impairment, waiving the personal meeting requirement is more often done for parties for whom meeting is either impossible (for both, such as one being impaired such that travel is not possible and the other hailing from a region in the world where tourist visas are near impossible to secure) or for parties whose religious and cultural beliefs would be severely compromised by a personal meeting. Frankly, to virtually 99% of the states in the USA, a visit to Mexico does not require airline travel. While it could be a protracted travel experience, and although you do not suggest, perhaps lengthy time on the road would bring about similar discomfort, unless your physical handicap precludes rail or auto travel, I'd doubt it would be easy to get approval, and especially if your fiancé has no such impairment.

I'd recommend a consult with an immigration attorney to review your medical records to see if there's a chance it would be approved, but I sense it might be an uphill battle.

diadromous mermaid

Female

2007-01-06 14:33:00

I-864 Income Requirements

found answer to my own question by reading the i-864 application instructions. it states in there what they look at for the gross income for self employed individuals and what schedules from ur tax returns they need. Hopefully this will help someone else out...

I think that should read Adjusted gross income

diadromous mermaid

Female

2007-02-24 18:17:00

where to get the W-2's?

Im not quite sure where to get it, Im trying to prepare everything for Grace's interview together with the I-134. Any input will be very much appreciated, thanks.

If you earned income by way of wages, the employer provides you with a W-2, declaring the total wages earned, and the taxes paid on those wages, by the end of January of the year following employment. If you have mispalced the W-2, an employer is legally required to retain copies for a number of years. You could contact any former employers and request another copy.

diadromous mermaid

Female

2007-03-09 07:36:00

a question about my fiance's g325(au pair)

hi there, me and my fiance are going through the k-1 process right now and we just got our reciept number from uscis(we are july). My questions is on her g325, she came to the us from germany under a j1 visa being an au pair. Under the employment she put the name of the au pair agency and under occupation she put au pair. Should she have put exchange visitor instead? Or is au pair fine and uscis understand it. Also do you think she will have her k1 visa before the year is out. Please help a nervous wreck, thank you.

Is she subject to HRR?
what is hrr?

Home Residency Rule.

diadromous mermaid

Female

2007-07-17 17:23:00

a question about my fiance's g325(au pair)

hi there, me and my fiance are going through the k-1 process right now and we just got our reciept number from uscis(we are july). My questions is on her g325, she came to the us from germany under a j1 visa being an au pair. Under the employment she put the name of the au pair agency and under occupation she put au pair. Should she have put exchange visitor instead? Or is au pair fine and uscis understand it. Also do you think she will have her k1 visa before the year is out. Please help a nervous wreck, thank you.

Is she subject to HRR?

diadromous mermaid

Female

2007-07-17 17:11:00

I-864A - do we need to include this with our I-864??

I have my I-864 here almost ready to go but I am very confused with the I-864A in the pack. Do we need to fill it out???

My husband is my only sponser and he makes over the poverty line without using his assets. I have been living here with him since the end of November with him (on my K3)...am I classed as a 'household member'.

Its all very confusing and I am hoping we don't have to include it at all!

Louise
If your not useing a joint sponser you wont need the I-684A so just dont send it back!!

For clarification purposes, the I-864A has nothing specific to do with "joint sponsors" necessarily. To the OP, you are the "sponsored immigrant" and if you have been living in the household for 6 months, you could also be a "household member".
However, if an alien has neither income nor assets and resides with the US spouse, then the alien has nothing to contribute to the US spouse's sponsorship of the alien.
In such a case, no I-864A is necessary.

diadromous mermaid

Female

2006-02-06 11:12:00

Can I withdraw petition prior to interview?

Did I say the CR was approved? I said the I-130 was approved. My understanding is that after approval of the I-130 petition then a packet is sent to alien spouse, and filled out. Then USC sends I-864, and interview is scheduled.

diadromous mermaid

Female

2006-02-04 22:48:00

Can I withdraw petition prior to interview?

[But once married, he can file for a waiver towards the I-485 on his own.]

I apologize for my typo. What I truly meant to write was that once DIVORCED, he could then file for the "bona fide" marriage waiver on his own, to be used towards the I-485 (adjustment of status form).

Huh? Isn't this a CR-1 situation? If so the I-130 has been approved and a USC can only withdraw a petition prior to approval. That said, the I-864, which has been submitted by the USC petitioner can be withdrawn prior to the interview.

diadromous mermaid

Female

2006-02-04 21:36:00

denied visa because of their mistake on 1864, what to do?

My husband recently went for his IR-1 interview in London, and was told that NVC hadn't sent his i864, so he would have to send a new one via courier, and they would reconsider it. So we've done that. But the problem is, that she gave him a piece of paper stating that we had been denied a visa because I declared $20,113 as my income for a household of 3 and this was not sufficient. I declared considerable more than that in the space where i was supposed to, and know it was sufficient. The space I wrote the above amount in, was on page 3, part D question number 3 of the Affividavit that reads like this...

3. Minimum income requirement from the Poverty Guidelines chart for the year ____ is _________ for this household size.

So I filled in for the year 2005 is 20,113. And they took that as my declared income! But right above this section in big bold letters was the line that declares the total household income! Was this my mistake or theirs? It has caused so many repercussions for my husband and I, least of all that he won't be here for the birth of our second child now...argg. What should I do? i mean I sent a new affivadit of support back to the embassy already, and spotted this mistake shortly thereafter.

Part 4 Section D 3 is the space where one fills in the poverty guideline figure for the total number in household and the year of the PG consulted. As far as I can see, you did not fill it in incorrectly.

diadromous mermaid

Female

2006-02-06 20:45:00

Does my sponsor need to include W2s with their tax forms?

Agent Smith,

It might make a differnece. The instructions for I-864 say to provide a 'complete copy of the tax return as filed with the IRS'. Such a copy would include any W-2 forms.

On the other hand, the instruction was possibly written before tax transcripts were available from the IRS, or at least it doesn't recognize that tax transcripts are an acceptable alternative these days.

I don't know if a tax transcript for a Married-Joint return shows the two taxpayer's incomes separately. If it does not, and the return was filed with an ex-spouse, it may still be necessary to include the sponsor's W-2 with a transcript.

Yodrak

I got the forms from my wife's sponsor. Everything looks good except no W2s. Are W2s needed?

Thanks.

Are they facsimiles of the 1040 that the sponsor submitted to IRS, or transcripts from IRS?

Does that make a difference? I didn't know, so I'm curious.

"Note also that IRS will, without charge, issue a taxpayer a transcript of the taxpayer’s income tax return if the taxpayer files IRS Form 4506T. For purposes of the affidavit of support requirements, officers shall accept an IRS-generated transcript as a true and correct “copy” of the sponsor’s return. Since the IRS itself issues the transcript, it will not be necessary for USCIS to request any missing Forms W-2 or 1099 if the sponsor submits a transcript, rather than a photocopy, of the tax return. A USCIS officer may also decide that a request for evidence is not necessary in a case in which the sponsor filed a photocopy of the tax return, instead of a transcript, but did not submit the Forms W-2 or 1099. A decision not to RFE for the W-2 or 1099 will be proper if the officer concludes that the evidence of record, taken as a whole, establishes that the information on the tax return is true and correct."
November 23, 2005 InterOffice Memo on I-864.

Myabe it depends on where the information is being submitted? I understand the memo as applying to AOS filings in the US. I hear that the NVC requires W-2s regardless. My own experience filing with the Consulate was that transcripts alone were fine.
Comments?

True, meauxna, this was quoted from the InterOffice memo as it pertains to the AOS submission. Consulates do have some discretionary power to have their own requirements. I suppose it should really be queried, although my understanding is that transcripts are considered true, complete and accurate filings.

diadromous mermaid

Female

2006-02-06 13:35:00

Does my sponsor need to include W2s with their tax forms?

Agent Smith,

It might make a differnece. The instructions for I-864 say to provide a 'complete copy of the tax return as filed with the IRS'. Such a copy would include any W-2 forms.

On the other hand, the instruction was possibly written before tax transcripts were available from the IRS, or at least it doesn't recognize that tax transcripts are an acceptable alternative these days.

I don't know if a tax transcript for a Married-Joint return shows the two taxpayer's incomes separately. If it does not, and the return was filed with an ex-spouse, it may still be necessary to include the sponsor's W-2 with a transcript.

Yodrak

I got the forms from my wife's sponsor. Everything looks good except no W2s. Are W2s needed?

Thanks.

Are they facsimiles of the 1040 that the sponsor submitted to IRS, or transcripts from IRS?

Does that make a difference? I didn't know, so I'm curious.

"Note also that IRS will, without charge, issue a taxpayer a transcript of the taxpayer’s income tax return if the taxpayer files IRS Form 4506T. For purposes of the affidavit of support requirements, officers shall accept an IRS-generated transcript as a true and correct “copy” of the sponsor’s return. Since the IRS itself issues the transcript, it will not be necessary for USCIS to request any missing Forms W-2 or 1099 if the sponsor submits a transcript, rather than a photocopy, of the tax return. A USCIS officer may also decide that a request for evidence is not necessary in a case in which the sponsor filed a photocopy of the tax return, instead of a transcript, but did not submit the Forms W-2 or 1099. A decision not to RFE for the W-2 or 1099 will be proper if the officer concludes that the evidence of record, taken as a whole, establishes that the information on the tax return is true and correct."
November 23, 2005 InterOffice Memo on I-864.

diadromous mermaid

Female

2006-02-06 11:57:00

Does my sponsor need to include W2s with their tax forms?

I got the forms from my wife's sponsor. Everything looks good except no W2s. Are W2s needed?

Thanks.

Are they facsimiles of the 1040 that the sponsor submitted to IRS, or transcripts from IRS?

diadromous mermaid

Female

2006-02-06 10:41:00

Visa Fraud

I married a woman from China 2 weeks after she arrived here from china... she became very difficult once married. Calling me names and talking to people she just met about me.

Anyway, she left after 4 weeks of marriage. I beleive she went to San Francisco, where she went to school. She has a master's degree.

She will not give me an address where she is. I beleive she will say I abused her. I did not abuse her or call her names. I beleive she verbally abused me... But I feel she only came here to get a visa. She pent my money once here and many other things. She was only here for 6 weeks and she left.

I would like to divorce her, but I don't know where she is so I can't serve papers on her. An annullment is not possible, the lenght of a marriage is not a reason for annullment. She insists on serving me papers.

I was hoping someone versed inlaw of Georgia could give me some advice

If you feel you were duped, then why isn't annulment appropriate? Consult a family lawyer in your state. He/she will most likely advise you that there is a process to get a judgment of divorce (perhaps even an annulment) when the whereabouts of the spouse is unknown.

diadromous mermaid

Female

2006-02-10 11:09:00

I-864 question about co-sponsor

hi guys,
I have a question about the affidavit of support form.
We are using a co-sponsor. Do we have to name him and his income in Part 4 C where it asks for "income of other qualifying person"?
And does our co-sponsor have to put my hubbie there even though he doesn't make enough?

And then, just to make sure: both the sponsor and co-cponsor have to fill out the I-864, not the I-864A, right?

do we have to list assets even if income is sufficient??

thanks in advance

US citizen petitioner fills-in one I-864. Joint sponsor fills-in another I-864. Joint sponsor includes sponsored immigrant as a member of his/her household. USC petitioner includes sponsored immigrant as a member of his/her household. The only time an I-864A comes into play is if either a household member is assisting the USC petitioner in meeting the income requirement or if the sponsored immigrant uses his assets or income to assist USC petitioner in meeting the income requirements and family members (children) are immigrating with alien and ONLY if the soonsored immigrant has lived in the household of the USC petitioner for 6 months. Only time an I-864A comes into play for a joint sponsor is if the income of anyone in that household is being used to meet the joint sponsor's income requirement.

diadromous mermaid

Female

2006-02-13 19:28:00

divorce

Shon, I'm disappointed in you. I stood up for you in your first run in here (rightfully so) and have always shown myself to you to be fair and a non-flamer if you recall our past conversations. I provide sources for my information beyond my own experiences and I typically don't argue minutia. This is an important error you made and it's unfair of you to not take the correction or provide proof for your point beyond the fact that you made 2 errors in doing this before.

Wow, I'm amazed by the fact that:

1. Shon's posts are taken personal, which in turn
2. Calls for a need to confront her and in front of everyone, its justification being
3. An accusation of misleading info. given, quickly followed by
4. Demanding an explanation and ordering her to correct it.

Incredible!

dmartmar,

thats because, they are hateful!!!!

to be fair and a non-flamer
that is the biggest joke- I have ever heard. non flamer where did you get that crock of poo from? all you and your clan do is flame. " non flamer " he sayes.

People can make so called errors. This board is not supposed to be tried and true legal advise support.
people ask advise from others to get a perspective of their situation or there ideas on something. some people can vent or disclose their whole personal life. people can take others experiances learn from it or toss it over their shoulder like a grain of salt. how dare me say anything then I am called a troll or being accused of Ranting.

Somehow, "name calling" seems unnecessary if what you say is true about this board ~ people sharing their personal experiences. If someone else has either not had an experience like yours, or questions if you were clear on how you reported it, why would you automatically assume that you are right and he/she is wrong? In this instance that was clearly not the case. You were wrong. If you made an error, why not simply admit it? We are all human here, as you said.

By the way, I'm VERY female and I amke no bones about it:) If after more than a year of posts here you couldn't ascertain that I am not a male, and that is hardly a subtle fact, by the way, then it's no wonder people are driven to question some of your conclusions, don't you think?

diadromous mermaid

Female

2006-04-03 22:15:00

divorce

gads, I get tired of your rants shon.

YOU wrote:
"sponsers still obligated til you remove condtions."

That is wrong. Period.
Now, off of digi's thread, and take it up with me in PM if you still have something to say about it.

Myself included; wouldn't it be great, less spiteful and offensive if everyone here on these forums discussed and/or resolved their own personal opinions and squabbles via PM, instead of taking it out in public for all to read? Is it really necessary to belittle, disprespect and talk down to people in replying posts, or worse yet, report people to the website's administrator so they can be banned permanently really necessary just b/c someone doesn't agree with another one's personal view(s), belief(s) or opinion(s) around a certain topic?

People here ask for advice concerning the legalities regarding immigration, as well as neutral and subjective opinion(s) regarding certain situations. Everyone's views on a certain topic have to be respected, not refuted or argued b/c that person might've interpreted a certain thing a certain way, as opposed to someone else's different view.

Remember we can only respond to what we read and perceive in our own, special way. Now, if we had the luck of looking at the person posting and judge his/her reactions and/or body language in person, it'd be a diferent story.

People see things differently, then formulate ideas and reach decisions based on both their personal experiences and self-interpretation of the facts. Nothing more, nothing less.

The problem here is that the regulations are not subject to personal interpretation. Meauxna was perfectly entitled and doing everyone a service to correct Shonjaved's post, otherwise, others could think mistakenly that when an alien removes conditions the sponsor's obligation is satisfied. That is not correct.

In the instant case, and I am speculating, because I don't know the details. If Shon's husband was deported, leaving the US permanently would relieve Shon of the sponsor obligation. Naturally, that would not occur until he left. On the other hand if the reason for his deportation order was related to fraud, reported by the USC spouse, and if status was either denied or subsequently rescinded due to such a finding and he did not take the matter further, once the window of opportunity to appeal a denial or rescission had elapsed and he was without status, I believe the sponsor is off the hook, whether the alien leaves the country or not.

Edited by diadromous mermaid, 02 April 2006 - 08:45 PM.

diadromous mermaid

Female

2006-04-02 20:44:00

She does not want to put our money in the same account and does not want to help pay bills.

Then your Mexican wife and my Argentinian ex-wife must be sisters or related somehow, 'cause right after we married she refused doing the same above things and then right after we submitted her green card paperwoek, she abandoned me.

You seem to have very low self-esteem and apparently your wife is a hot Mexican diva and great lover in bed.

Man, WAKE UP AND SMELL THE CAFE!!!

Ah, dmartmar, "We meet again"! I don't know why I get drawn to your posts, perhaps it is because I enjoy the absurd.

Pittman is going througha difficult time with his wife. He's already suggested that he is a little paranoid with things as they are. If she is taking advantage of him for immigration benefit, it can impact one's sense of self. Why wouldn't it? Everything one knew as normal suddenly takes on a diffferent aura and it causes a person to question everything. This is quite normal and certainly not indicative that he is at fault. Rather that someone has taken advantage of him. However, for you to state categorically and openly that he has very low self esteem, as if it is a character flaw of his, and that his commitment to his wife is that of a superficial level is vary callous, in my opinion.

diadromous mermaid

Female

2006-02-06 17:55:00

too bad your little boy is in the middle of all this... wish u good luck on your decisions.... Iulia

Ariel 2005,

Finally, someone sees that this is no longer a case solely oriented around either pittman or his wife's personal interests. When a child is brought into a situation like this, one has to think of what is best for the innocent one, regardless of the wrongs the adults may have committed. This infant deserves to have a relationship with both mother and father. Be it in one household, or two.

diadromous mermaid

Female

2006-01-31 14:16:00

"I don't follow your thought."

That's great! 'Cause my post wasn't meant to be followed by you, nor anyone else on these forums for that matter.

Okay!

diadromous mermaid

Female

2006-01-31 08:19:00

"Now here is another example: On August 17th, 2005 my wife called me and said she was crossing the border illegal again because she had no money. In July i was there and gave her 500 plus bought enough diapers for the month. She wanted to cross the border and go to memphis for work. Well I'm in Louisiana, I asked her why not come to Louisiana. She said she had a job in Memphis and would come see me when she could. I was in a panic and sent her 710 dollars, she stayed in mexico. On September 10th I was back in mexico and she had no money. I asked what happened to the money I sent, she said she owed it to her mom. I find that strange that in a months time she spent 500 and then had to borrow another 710. She had no bills."

So "out of nowhere" she had $2,000 to bribe you with into agreeing marrying her for immigration benefits, but to cover the above expenses she never had any money for.

I don't follow your thought. The OP has already (in historical posts as well as here) suggested his wife had fairly affluent family members but did have a shopping habit. The money he was sending was to support a family of three, his wife and two children.

diadromous mermaid

Female

2006-01-31 07:44:00

Maybe not, but geez. I can't hardly think of a bigger red flag to indicate possible fraud.

Regardless, I hope the OP can get it sorted out.

Well, I'd be inclined to say that the USC testimony carries a little more weight than an alien's in some situations. If there were a paper trail, then I'd say that could change the complexion dramatically. However, you have a good point, and that is that if Pittman were to wish to report this to ICE, then mention of her offer of money in exchange should be worded carefully.

diadromous mermaid

Female

2006-01-30 16:38:00

Honestly it sounds like she was using you for money from the very beginning. I'm surprised you fell for that. But regardless, you're now going to have to prove that YOU did not enter into this marriage for the purposes of getting her a green card - which may be hard to do given the fact that you declared here that she flat out offered you $ before you ever got married.

You need to get a very very good immigration attorney (not to mention divorce attorney).

Hmmm. If he alleges she married solely for immigration benefit, the onus is on her to disprove. I don't believe the USC has to prove anything other than his suspicion has merit.

diadromous mermaid

Female

2006-01-30 16:14:00

You allege a marriage for immigration benefits and yet she has your baby? That leaves a funny taste in my mouth since a baby is typically not what a woman that marries solely for immigration benefits makes part of the equation.

Agreed, although it certainly does not rule out a possibility. A birth certificate of a child born to a marriage is one crucial piece of evidence of a bona fide marriage, although it, alone, would not necessarily overcome mounting evidence that could point to fraud.

diadromous mermaid

Female

2006-01-30 15:35:00

I believe if I tell her my son must stay that she will also stay. I do not want that be the reason for her staying with me, because she will not be happy. I'm not going to use my son as leverage to keep her. I'm just not going to stay married to her if she does not love me. I have contacted an attorney to see what my options are because I want full custody. If she moves to Memphis, she will be living with her cousin and a brother that are illegally here in the USA. If we divorce according to the INS laws she is subject to be deported. I do not want that because of our son. I wish she would at least try or tell me the truth that she married me for legal status.

Pittman,

In your profile you have that your wife's status is CR-1/IR-1. Is that correct? If she has conditional status, if you were to divorce that does not mean she would be automatically subject to deportation.

Edited by diadromous mermaid, 30 January 2006 - 01:18 PM.

diadromous mermaid

Female

2006-01-30 13:17:00

Tell her to leave without her son, and see what she sez...
I agree. Maybe she won't be so anxious to go then.

Often, even a full-custodial parent has to demonstrate legitimate reason to remove a child to another state.

diadromous mermaid

Female

2006-01-30 11:17:00

Affidavit of Support

Z,

More new information - your grandfather doesn't have assets, your mother has them! You may consider your grandfather's assets to be his, and he may consider them to be his, but the consular officer may not be able to consider them to be his even with your explanation for the simple reason that they are not his - they are your mother's. As you've described it, your grandfather may not be able to do anything to use those assets to assist your husband because he does not have the authority to do so - your mother owns them. Or is there yet more to it that you haven't mentioned?

With regard to the house, which you say is a joint asset, I don't know if your grandfather can use his half without your mother's permission either. It would be difficult for him to sell his half, except to your mother or to you, it would probably be difficult for him to borrow against his half.

If your grandfather alone can't sponsor based on his income alone, or your mother based on her assets alone, you might need to sit down with someone who understands both the I-864 and the financial situation your family has set up to figure out who has control over what and how to present the information.

Sure would be nice if your mother and grandfather lived in the same residence, as meauxna alluded to.

Yodrak

As to the jointly held assets that Grandfather wishes not to go into Probate upon his death, just thinking out loud, here. Would a living trust work for Grandfather and solve the problem of joint ownership? Assets could be transferred into the trust and Mother could be trustee.

diadromous mermaid

Female

2006-05-05 20:36:00

I-130 Approved

Once the petitioner and beneficiary submit the I-485 to adjust the alien's status (the I-485 could've been filed concurrent with the I=130) then the overstay will be forgiven upon a successful approval of the petition. If the application to adjust is denied, for some reason, VWP precludes appeal.

Edited by diadromous mermaid, 22 June 2006 - 01:07 PM.

diadromous mermaid

Female

2006-06-22 13:05:00

Info that I learned from my imm. lawyer

jessibicho,

There are 4 events that can terminate the I-864 obligation, and they are clearly spelled out.

The passage of 10 years in not one of them, and yet so many people think that it's the only way the I-864 terminates. Amazing.

Yodrak

Well, not really if "someone" is intending for their SO to work full time and they're going to stay at home and eat bon bons

diadromous mermaid

Female

2006-06-21 16:39:00

new Affidavit of support

Hi guys,

do I really need to obtain the form 1099 for the AOS?? And if so, how do I get this form? Isnt it enough to just have the most recent tax transcript and W2???

Thanks Isabel

1099 forms should be retained by the issuing agency/employer/institution for a period of no less than 3 years, also.

diadromous mermaid

Female

2006-07-07 19:27:00

Travel while holding CR-1

Hey!

My husband recently arrived on a CR-1. His father has been injured in an accident, and he may need to return to care for his father and his family for a little while. Is he allowed to travel?

What are the limits of time he can stay away (I thought it was 6 months)?

I am worried they will consider his VISA abandoned if he goes to visit his family, or simply will not let him back into the country when he tries to return.

Any help appreciated greatly.

Thanks!!

Tracy

You're confounding visa and status. The visa was used when he first entered, and status is conferred upon activation of the visa. He has conditional permanent residency.

diadromous mermaid

Female

2006-07-17 20:24:00

Self Employed Joint Sponsor Questions - 864

Good suggestion about the letterhead Mermaid - no he has no board of directors.

One thing to look out for with self-employed, is that he is careful in his declaration of what he earns from the biz. He will have to supply a tax return (in your case, as you noted in the other thread, 3 in this case). If he reports his net business income from Schedule C on line 11 (?) of his 1040 personal income tax return, the two numbers stated *should* 'jive'

Edited by diadromous mermaid, 09 August 2006 - 07:36 PM.

diadromous mermaid

Female

2006-08-09 19:35:00

Self Employed Joint Sponsor Questions - 864

I have now got to go through the process of submitting an 864 for a joint sponsor to finalize my application. Amazingly enough even though we all know now that the requirement is now one year's tax return I was handed a form at the consulate (in the interview) that is out of date. It is the three year version (9/18/98). When I called back for clarification the guy at the consulate told me that I had just better do as the consular officer asked.

So, that is my moan session.

Has anyone used a self-employed business owner as a co-sponsor? One of the requirements as detailed is to indicate 'proof of current employment' - how does a self-employed person do that? I was thinking a copy of his business license or something like that. Hell, they have my head reeling and all I want to do is get it done. He has lots of income so that is no issue but hell we had lots of assets and that didn't work! Can anyone share what they did please.

That or a simple letter on his company letterhead, or a resolution from the board of directors if he is a partner in a corporation.

diadromous mermaid

Female

2006-08-09 19:14:00

Need Help on completing I-864 pls pls pls

Hi all,

I am signing I 864-a for my sister, but I want to make sure she does not face delays bringing her husband over.

Following are our details:

Family size: 3 ( her, me and her husband, do I include my wife if I-130 for her is pending?)

Her Current income: 10,000 ( Employee letter varifies that, on job for 5 years, last year income 8100)
My Current income : 18,000 ( employee letter but on job for only 3 months, last year income 15000)
Total: 28,000 req: 20,000

Do I have to include assets?
Is my employment ok? I am classified as consultant for two company and do not get pay stubs.

Pls give me advice, pls.

Do you declare your wife as a dependent on tax returns?

diadromous mermaid

Female

2006-08-18 18:20:00

UPGRADING THE LPR PETITION. . .

not yet. . . I plan to apply this coming September. I already request for the form and to be schedule next. So, I decided to do this instead of waiting with LPR case I don't think so, that anytime soon my husband will come fast since they have now the retrogression. Me and my kids away from my husband since 1999 when I came here. I filed my LPR Petition for my husband and got the approval in Aug 2005 after that I don't hear anything from USCIS. So, I think the better way is to file the US Citizenship instead of waiting for nothing.

Thanks a lot for the reply.

Chances are that you will move the process forward by upgrading the petition, once you become a USC, that is. You'll receive a Naturalisation certificate, after being approved and sworn in. To upgrade the LPR petition once you are an US citizen from family second preference (F2) to immediate relative (IR), you will send proof of your citizenship to the National Visa Center (NVC). To prove that you are a US citizen, you send:

A copy of the biodata page of your U.S. passport; or
A copy of your certificate of naturalisation
Don't forget to include a cover letter with the specific details on your husband's petition, when submitted, a copy of any correspondence you've received from it since as a precaution.

Edited by diadromous mermaid, 21 August 2006 - 03:08 PM.

diadromous mermaid

Female

2006-08-21 15:06:00