Forum	Title	Content	Member	Sex	Country	Date/Time
US Embassy and Consulate Discussion	Income and Loss	Help me to better understand your feeling that the business eowner is being penalised. Where is the business owner's dilemma (unfairness in the "income" requirement) any different from a hard-working food server that gets cash tips that far exceed her income that is paid direct from the employer? She can report her tips and show a healthier income for USCIS purposes, and pay more tax as a consequence, or she can not declare a sizeable amount of her earnings, and reap the tax rewards, and fail to meet the USCIS income requirement. How does that differ from what you are claiming? QUOTE (Steve_and_Lina @ Jul 19 2009, 06:27 PM) <{POST_SNAPBACK}> QUOTE (pushbrk @ Jul 18 2009, 09:33 PM) <{POST_SNAPBACK}> QUOTE (Steve_and_Lina @ Jul 17 2009, 05:49 PM) <{POST_SNAPBACK}> No, I'm not confusing it. No, you're not confusing it, just conveniently misinterpreting it. The context is quite clear and is defined further as income from line 22 of the 1040 form. I'm self employed too, have no employees, overhead or inventory, (Well one of my businesses has a little inventory now and then.) and I'm not incorporated. It's all 1099 or direct income. Line 22 rules. You'd best learn to live with it. The tax advantages of being self-employed can come back to bite you on an affidavit of support. Can you cite precisely the law or regulation where it says that "preduction income" is defined by only by what is entered Line 22? Nothing that I have read has specifically said that this is the only interpretation. The wording is very hazy in the reg I cited, only stating "pre-deduction income" on the "income tax form". Well, Schedule C is an "income tax form" and I've established my preduction income via my 1099s and W2s, so failing a direct regulation or ruling that establishes Line 22 as the ONLY definition, I have a valid legal argument. More than valid, actually, because in this instance, the government appears to be violating the regulation by considering post-deduction income, contrary (again) to the regulation I cited. And really, "learn to live with it"? I'm not the sort to stand by silently and be incorrectly penalized and just because others have chosen to done so does not validate that as a reasonable course of action. If according to the regulations (and I am shown so conclusively) I am incorrect, then I will accept it. But to this point, the issue remains wide open.	diadromous mermaid	Female	0	2009-07-19 17:37:00
US Embassy and Consulate Discussion	Income and Loss	I think you're confounding "business income", or in your case "the income derived from the services you provide" from "personal income". In determining income for USCIS, a self-proprietor takes the inome of the business that is attributed to himself or left over to pay himself for the service he has offered to his entity ( that would be after business deductions, cost of goods sold, expenses etc) and uses that figure (from Schedule C) in lieu of providing a w-2, which is what an employee would have. The citation you quote from the FAM is written as it pertains to an individual, an indididual's income (not an entities' income), so "deductions" in this context refer to personal deductions, itemized and the federal standard deductions. QUOTE (Steve_and_Lina @ Jul 13 2009, 07:45 PM) <{POST_SNAPBACK}> Actually, I'm in a discussion now with the US Consulate in Moscow on this very topic, as this is throwing a major wrench in the visa applications for my wife and stepdaughter. I work mainly as an independent contractor and the majority of my income is reported to me on 1099s. When I do my taxes, I fill out a Schedule C and on line 7, enter my total income. Further down the form, I then enter all my deductions, subtract them from my income, and this figure gets transferred over to my 1040 on line 12. Now, the issue of contention is this. According to the Foreign Affairs Manual Volume 9 (which is the guidebook for the regulations involving, among other things, immigrant visas), in section 9 FAM 40.41 N5.5-1, income is defined as follows: "Income", for the purpose of Form I-864, means total unadjusted income as shown on the tax return, before deductions. Total unadjusted income includes not only salary (if any) but also monetary gains from any other source, such as rent, interest, dividends, etc. It is my argument that the amount that gets transferred over to the 1040 line 12 is not unadjusted income, but adjusted income, since that figure represents my income minus deductions. As you can see, that conflicts with the directive I quoted above. Instead, when considering income, I am contending that the State Department should use the figure on line 7 of the Schedule C and all other income on lines 7-11 and 13-21 on form 1040. I will post a new comment when the Consulate issues their ruling. In the meantime, I'll continue to be sick to my stomach from worrying and unable to sleep. Isn't this fun? Edited by diadromous mermaid, 17 July 2009 - 06:49 PM.	diadromous mermaid	Female	0	2009-07-17 18:48:00
US Citizenship General Discussion	Stick A Fork In Us We Are Done	Congrats! [attachment=817:attachment]	diadromous mermaid	Female	0	2006-04-20 17:46:00
US Citizenship General Discussion	Naturilization Interview Today	I just wanted you guys to know that I attended my Naturalization Interview today in Pittsburgh. It was such a long drive, 5.5 hours each way, to attend a 10 minute interview! The District Adjudications Officer asked me into her office and asked me the usual questions - address, phone number, date of birth. Then she asked me if I had brought the photographs they requested I bring. I explained that the letter requesting photo's gave two different sets of dimensions for the photo's - so she could choose which one's she wanted from the selection I brought with me! She then asked me the test questions - I had been going over them all for weeks and she asked me "How many stripes are there on the flag? What colour are they? What colour are the stars? Who did the US fight during the Revolutionary War? (She said that one was especially for me!!), "What is the minimum voting age in the US?" and finally, "What is the capital of the state you live in?" She told me I had passed and then asked if I would like to come back to Pittsburgh for the Oath Ceremony, some time within the next 30 days, or whether I would prefer to attend the Martinsburg office, which is about an hour from my home, but that wouldn't be until October? I told her that I would come back to Pittsburgh, even though it was a tremendous drive, because I would prefer to get this done before my daughter's eighteenth birthday, so she won't have to go through the interview but will derive her citizenship from me. She said that was fine and handed me a letter telling me I'd passed and confirming that the Oath ceremony would take place in Pittsburgh within the next 30 days and I would be informed of the date by letter. Now, I just have to get my son's AOS approved and we'll be one big happy family! Congratulations!	diadromous mermaid	Female	0	2006-06-05 18:29:00
US Citizenship General Discussion	Naturalization Interview Scheduled!	Congrats to you and the DAH and soon to be DUSCH! (doesn't have quite the same ring does it?) Agree on not taking your Natz Certificate backpacking around Mexico... I would make the appointment in Seattle and get the passport. I would make the appointment a few days before your natz interview... but hell, you've probably already thought of that... heheh.. I reckon he can still be the DAH, only now it will be for Darling American Husband! Baastaad security guard wouldn't let me into the building at USCIS yesterday--I was going to pop in to ask about the oath times. I wasn't up to fighting with him and the info room was closed for the day anyway, so I'll drop by next week sometime. I'll just have to roll the dice with Seattle.. looking for anyone with a recent personal experience of going up there for an in-person, but it's not the kind of story you find on line. Word is that they'll give you an appt if your trip is w/in 2 weeks--I know I'll be able to tell 'em a good story about a new citizen and all that, so I'm sure we'll get it worked out. Worst comes to very worst, I suppose we could put off the oath til after we come back. Photos will look better with a tan anyway. mmmm diving.. getting excited already! Wow! Mo, I have my hands full for a week, and all heck breaks loose on here while I'm gone. Congrats on the Naturalisation interview.... I hear the test has changed a bit lately. Not to worry, I snitched a copy of the correct answers. Tell the DAH to memorise them! George Washington had wooden teeth and syphillis Tallest US President was Abe Lincoln at 6'4". The shortest was James Madison at 5' 4". Vermont is the only US state capital without a McDonalds restaurant Benjamin Franklin's address was 141 Market Street, Philadelphia Presidents on Mount Rushmore are George Washington, Thomas Jefferson, Abraham Lincoln and Theodore Roosevelt The oldest city in the US is St. Augustine in Florida All US Presidents have worn glasses. The US national anthem actually has three verses. The average American consumes 1.2 pounds of spider eggs a year and eat 2.5 pounds of insect parts a year Abe Lincoln bought 50 cents worth of cocaine in 1860 Los Angeles, California, was originally named "El Pueblo la Nuestra Senora de Reina de los Angeles de la Porciuncula" Maine is the toothpick capital of the world The parking meter was invented in North Dakota There are seven points on the Statue of Liberty's crown Ohio is listed as the 17th state in the U.S., but technically it is Number 47. Until August 7, 1953, Congress forgot to vote on a resolution to admit Ohio to the Union America once issued a 5-cent bill Only two people signed the Declaration of Independence on July 4th. The last signature wasn't added until 5 years later Diving? Now you're moving into my territory! I have a lovely purple one-piece with flippers I can lend you though	diadromous mermaid	Female	0	2006-05-20 16:11:00
US Citizenship General Discussion	N-4OO and K-1 question	good info mermaid.. except the entire issue was that when Henia sent her application for naturalization, she said that she was single. Her application for naturalisation will not likely be approved by the time she is in Algeria. She wishes to marry in Algeria. Will marrying in Algeria effect her naturalization?(since she told them she was single) It shouldn't affect her naturalisation, other than if she misses her oath ceremony while overseas, that is. In the event that she marries while she is still an LPR, she c9ould begin the spousal process as an LPR (subject to priority date) and then once she has become naturalised, contact USCIS and ask to upgrade the petition to an Immediate Realtive Petition of a United States Citizen.	diadromous mermaid	Female	0	2006-08-01 16:45:00
US Citizenship General Discussion	N-4OO and K-1 question	Hi Henia, I am so glad that you posted your question becuase I think you and I are in similar situations. I too am applying to become a US citizen and am still awaiting my interview date. I am engaged to a Moroccan man. I called USCIS to see if I could begin the K1 application before I was granted my citizenship. The USCIS call center rep told me that I cannot apply for a K1 visa as a non citizen. So, I am thinking that I just have to wait as marriage in Morocco is not an option for me at this time. Diaddie Mermaid, you mentioned applying for the K1 (I'm aware that the processing times are somewhat quicker for K1 than for k3). If you could elaborate I would much appreciate this. Thanks K-1 petition is reserved for US citizens to request that a visa be made available to his/her fiancé (should the alien be eligible). As a legal permanent resident the K-1 is not available. If an LPR is expecting to naturalise, the K-1 could be submitted once the naturalisation certificate is awarded. Sometimes this short wait can speed up the process of reuniting with a fiancé, as LPR petitions for spouses are subject to priority dates. See, http://www.uscis.gov.../spouselive.htm	diadromous mermaid	Female	0	2006-08-01 16:37:00
US Citizenship General Discussion	N-4OO and K-1 question	Hello to everyone... I plan on applying for the N-4OO and am also engaged...my question is... on the application it clearly asks about your martial status...as of right now my status is single...but planning to get married and bring my SO to the USA to live with me here while I am in school. On the application i marked single, never married...so my question is... if I were to get married during the waiting period they call me for an interview... would my marriage cause me any problems in my N-4OO application? I am just trying to figure out if we should postpone the marriage until after my file is approved and my oath taken? Also does anyone know how long the N-400 is being processed in Detroit, Michigan...roughly...months, years? As I have heard several different times...from 6 months to 2 years... I greatly appreciate any input anyone can give me here.... Peace and Blessings for all... Henia No. Although, if you were to marry you'd eliminate one relatively speedy option upon becoming a USC, which is to petition him as your fiancé.	diadromous mermaid	Female	0	2006-07-31 06:32:00
US Citizenship General Discussion	Naturalization Success-the US has a few more citizens today	My Darling Alien Husband has recently been upgraded to Darling American Husband! After a whirlwind day last week, he has now experienced his interview (15-20 minutes) & passed all questions 100% (an obsessive goal of his), was recommended for approval, had everything completed by the noon deadline and enjoyed his same-day oath ceremony to finish it all off by going to bed as a US citizen with a gutload of the Midwest's finest beef. After an hour and a half break, we returned to the USCIS building with family in tow and filed along upstairs to the auditorium with the other 35 citizen candidates from 17 countries and assembled for the boilerplate videos and a very nice talk from our District Director. Leaving politics (almost) aside, he emphasized the balance and beauty of the Constitution and urged everyone to work to protect it. It was interesting to hear a man with 30+ (IIRC) years' experience in the Department condense 'patriotism' down to the most important document. As corny as all of we meauxna-family cynics expected it to be, we were all surprised to be genuinely moved through the ceremony. The DD had all the candidates stand and give their country of origin as an introduction. Eventually, all were called forward one by one and presented with their Certificates, a US flag and a message from the President. Much posing for pictures ensued and I presented the DAH with a US flag that had been flown over the US Capitol in his honor (certificate to prove it!) which touched even The Big Stoic himself & was a big hit (17 bucks well spent). The Portland office maintains its commitment to a 6 month turnaround for naturalization, and as usual, the staff there were human, friendly and helpful as well as genuinely excited for us all. We partied with a festive dinner and are still buzzing about it all days later. The DAH has mentioned the happy surprise of how enthusiastic other Americans are at hearing his news--everyone has made a real fuss over him & the barkeep bought him a drink at dinner. The next step is a quick trip to Seattle to the Passport Agency--we're traveling in less than a week. I'd asked the group about this earlier and did some searches--for the curious, he *could* travel in the Western hemisphere and return without a passport (http://www.customs.g...ents_needed.xml). However, the cost and time invloved in replacing a Certificate of Naturalization makes it worth burning up some gas and time to go to Seattle. I imagine there are a thousand details I could add to this report, but there is nothing magic for you to know by this point--take your paperwork, answer the questions & follow the instructions. You'll walk out as a USC. I'm surprised at how proud I am of the DAH, and how much it meant to him, finally. It was not so much an achievement for him as the conclusion to our interim plans but it really did signal a conclusion of sorts, and cemented what he already felt: that the US is his home, and he's one of Us. I-130 filed Aug02. USC July06. / Brilliant! Please offer my congradulations to him too, funky digit and all;) 100% on the test ~ not shabby at all. Enjoy! But don't go away too long. Folks here need you.	diadromous mermaid	Female	0	2006-07-17 11:37:00
US Citizenship General Discussion	Stateless Estonian US Resident	EU Passport? As far as I know only nation states issue passports. Estonia is a member of the EU	diadromous mermaid	Female	0	2006-08-05 10:08:00
US Citizenship General Discussion	Stateless Estonian US Resident	I have a friend who lived in the Soviet Union, in a region which later became Estonia. She is a conditional permanent resident here in the US due to marrying an USC. Because of when Estonia broke off from the USSR, she is not entitled to Estonian citizenship, although she has applied (and been denied) three times. She would be entitled to apply for Russian citizenship if she lived in Estonia still, but obviously she now lives in the US. As such, she is stateless and has no citizenship. She now needs to update her passport; the one she has is an Estonian "alien passport" (we think - it's a little convoluted) and because of the crazy bureaucracy over there it's no longer valid. Since she is not an Estonian citizen, they are reluctant - to say the least - to issue a new passport for her, and because she is not resident in Estonia amongst other reasons she can't apply for a Russian one. My question is: is there any way that she can apply for US citizenship sooner than one would usually be eligible to based on marriage to a USC based on the fact that she is stateless and could she because of this be entitled as, say, a refugee to gain citizenship here in the USA? Any ideas appreciated!! A cursory look at the Alien passport and Residence criteria indicates that she should be able to secure an EU passport. http://www.mig.ee/en...nts/A_passport/	diadromous mermaid	Female	0	2006-08-05 06:31:00
US Citizenship General Discussion	Never worked for sponser employer (have GC)	I got my green card on 05/18/01. Now I want to apply for citizenship. But I never joined my sponser employer who filed the green card for me. Once my GC got approved my employer told me that they do not have enough budget to hire me. Now will it come uder fraud. My intetinon was to join the company. Now If I apply for citizenship then INS may revoke my green card saying that I never had the intention to join the sponser employer. What should I do. Is there any hope? Thanks, Deepa What employment category were you in? And when you say you got your green card, do you mean the employer filed an I-140, and then you adjusted status later without actually working for the employer? I suggest you consult with an immigration attorney on this one, as employment based benefits vary and are sometimes employer-specific. Read this excerpt from ***removed*** Edited by Captain Ewok, 28 April 2010 - 01:24 PM. content removed per request of original publishing author	diadromous mermaid	Female	0	2006-08-19 14:25:00
US Citizenship General Discussion	White passport	Mermaid, No, what you described is advance parole, which allows him to return to the US. This is not a passport or a passport substitute. I disagree SaraL. There are three distinct purposes for form I-131: The most common is to request AP, Advance Parole. and it is issued to anyone who has an I-485 pending adjudication. AP is simply a set of papers and with them the alien will need a passport. A second purpose for I-131 is to secure a Re-entry Permit. This is issued to LPRs and is valid for up to 2 years, and used to return to the USA after an extended trip abroad. This document is green and similar in style to a passport (used to be white, hence the name) It assumes the role of a passport as long as it is used to gain entry prior to its expiry date. A Permanent Resident who can't get his/her national passport for any reason can use a Reentry Permit as a passport to travel abroad and to re-enter prior to its expiry.m It must be secured in the USA and prior to departure from the country. The third purpose of form I-131 is to secure a Refugee Travel Document which is issued to someone who was granted asylum or refugee status to enter the USA. This also is a green passport style document and valid for one year. Edited by diadromous mermaid, 08 August 2006 - 09:05 PM.	diadromous mermaid	Female	0	2006-08-08 21:03:00
US Citizenship General Discussion	White passport	Seeking info about getting a "white passport." Here is the situation. A US friend married a foreigner who now has his green card. He hails from an obscure country and his passport is nearly filled with visas and stamps due to his previous international travel. For reasons to long to explain, he cannot get a new passport or get pages added to it. Until he can apply for US citizenship three years from now, he needs to do some international traveling but after about two more trips his passport will be filled with stamps and he will not be able to travel. I have heard he can get a "white visa" from the US government which will allow him to travel under US passport before he is a citizen. Does anyone know about this? Yes, it's a book permit, otherwise known as a re-entry permit. It used to be white in colour (now green) but is still commonly referred to as the "white passport" Google the law in title 8 of the Code of Federal Regulations 8 CFR 223 or 8 CFR 211.1 for a list of valid reentry permits or SB-1 special immigrant visas available at consulates.	diadromous mermaid	Female	0	2006-08-08 12:49:00
US Citizenship General Discussion	Husband (US Citizen) died, what now	If your friend has a I-551 stamp in her passport then she is able to travel and work... she is a LPR. She should take legal advice about what she needs to do now... Kezzie Agreed. There should be no issue with work or travel if she has the 10-year card, or an I-551 NOA. Spouse of deceased US citizens Spouses of U.S. citizens may naturalise after three years instead of the normal five years. Pursuant to INA §319(a) and the related regulations, if the following requirements apply: a. The spouse of the applicant must have been a US citizen during the entire three year period; b. The alien and US citizen spouse must be living in marital union during the entire three year period; c. The alien must be physically present in the United States for at least eighteen months during the three year period and have resided within the state or district of the USCIS where the application is filed for at least three months; d. Good moral character need only need only be established during the three year period; and e. Permanent residence status and marriage to the United States citizen must coincide for the entire three year period. Since she has only been an LPR for 2 yrs and 8 months, and therefore does not meet criterion 'e', I believe she will have to wait the additional 2 years, unfortunately, unless her spouse died while in service with the armed forces. Edited by diadromous mermaid, 26 August 2006 - 04:32 PM.	diadromous mermaid	Female	0	2006-08-26 16:29:00
National Visa Center (Dept of State)	I-864 Experiences	We are going thru the same confusion right now too. My husband (the sponsor) is a farmer. His personal income on his tax return is small (5000-6000). But he does have a 1/3 partnership in the farm which probably is a 2 million dollar operation. Do we include the farm partnership tax returns as well to prove assests and liabilities? My husband also has a 401K of about 25,000, a investment holding of 150,000. I'm assuming these are considered assests. Is the most current statement adequate proof of assets? His personal assets (above investments) should more than cover the 5X difference between income and the 125% poverty line. I think we need to show his farm assets as well just to be on the safe side. Anyone have any thoughts or advice???? If the farm entity has assets that could be liquidated without impacting the viability of the enterprise, I suppose he could show 1/3rd of them, but I'm not sure that would pass USCIS muster. A 2 million dollar business could mean that it generates 2 million in revenues, or it could mean that it has a net worth of 2 million. However, if he is a 1/3rd partner, he has an equity position in the biz. If his personal income is as low as you say, then chances are he's building equity by keeping his personal income low. Dependent upon what the net worth of the biz is, I suppose he could state that as an asset, and liquid as long as there are no partnership covenants that could prohibit his selling his position (not for real, but for USCIS guideline purposes, that is). Be prepared that if he did use his partnership equity as an asset for Affidavit purposes, in the eyes of USCIS that would deflate his ongoing, and sustainable income to $0, but if it more than offsets the difference it would be worth it.	diadromous mermaid	Female	0	2006-07-12 17:10:00
National Visa Center (Dept of State)	I-864 Experiences	I've been earching for guidance on this topic and wonder if anyone has any person experience or ideas of filing the I-864 sponsor form if they have been self-employed? Yup. What do you need to know? Include your transcripts, Schedule C, hope that you haven't cut your personal income down to nothing, consider your assets, make sure that one of the 'new' forms doesn't actually make your life easier & that you are using the correct form. See if your immigrant has any assets to contribute toward the Affidavit. SE cases are very unique to themselves---it's hard to give detailed examples. There have been a lot of SE petitioners here though. If you don't find much using the advanced search (covers now--Feb06) try clicking through to the archives and search there (be sure to set the search date back to 'any time'). My small business is home daycare... I was sent the I-864 form in the mail. I believe they would send me the most accurate form. It expires on 9/30/06. I am guessing that I use that form, even though I am self-employed. Unless there is a different form for SE? Do you have any links on this topic? "ie. for transcripts or Schedule C." I am not sure what your talking about. To embellish on meauxna's response, the Schedule C is part of an individual's personal 1040 tax return, where the taxpayer is a proprietor and reports the net business income as personal income. Schedule C itemises the gross revenues derived from the business, minus the costs of operation and reports a net figure, which is then used to determine the Self Employment tax due and the net revenue figure is also reported on line 7 of the 1040 (I think that's the correct line) as personal income. Some self-employed individuals don't always use the Schedule C as a means to report income. Some self-employed may pay themselves a salary and would then have a W-2 provided by the business. Others declare income on a 1099 form (but this is typically used in contract situations, which your biz doesn't appear to need to do).	diadromous mermaid	Female	0	2006-07-10 16:38:00
National Visa Center (Dept of State)	Priority date! My case already came to my embassy but..	I called my country us embassy today, the human told me that my case have just came there, but I have to wait about a priority date, that they almost are ther with it. She told me that my priority date was July 9 88 but I think she got confused because if the priority date is the date that Inmigration received my case, it was on 98 so?? cuould you tell me what is a priority date?? it is on the date that inmigration received the case or iis another date. please!!! She told me that I have to wait and in some time the embassy would sent a letter to my lawyer putting my interview date, what does it mean?? please!! help me!! From reading your previous posts, it seems your husband filed a I-130 on your behalf and you should'nt have a priority date. You might want to contact your embassy and clarify that the information on your petition is correct. Hope things work out for you. Husband is an LPR not a citizen.	diadromous mermaid	Female	0	2006-07-11 19:17:00
National Visa Center (Dept of State)	Priority date! My case already came to my embassy but..	I called my country us embassy today, the human told me that my case have just came there, but I have to wait about a priority date, that they almost are ther with it. She told me that my priority date was July 9 88 but I think she got confused because if the priority date is the date that Inmigration received my case, it was on 98 so?? cuould you tell me what is a priority date?? it is on the date that inmigration received the case or iis another date. please!!! She told me that I have to wait and in some time the embassy would sent a letter to my lawyer putting my interview date, what does it mean?? please!! help me!! Petitions for immigrant visas (other than immediate relative categories for USCs) are subject to an annual quota. The priority date you were given is the date of visa petition receipt that is being processed at the moment. If your petition was submitted in 98 and they are processing 88 at this time, then that means there is an approximate 10 year wait.	diadromous mermaid	Female	0	2006-07-11 15:17:00
National Visa Center (Dept of State)	Stepfather petition and custody RFE?	Does your wife have documentation showing that she was awarded custody of her child? I believe the biological parent must also agree to relocation of a child in the case of a divorce as well. A cover letter indicating that your wife was the beneficiary of a K-1 some time ago, and that now you are now seeking a visa for her daughter to join you might help. QUOTE (Alex @ Nov 29 2008, 08:13 PM) <{POST_SNAPBACK}> I just got an RFE for my stepdaughter asking for custody papers and a notorized letter from my wife saying it's ok for her to immigrate here. Anyone ever get one of these and what did you do about it? I don't have custody of my stepdaugter, my wife does. That's why I'm petitioning her as the USC. She's my wife's daughter, what more do I need to do? Any advice? Edited by diadromous mermaid, 29 November 2008 - 08:40 PM.	diadromous mermaid	Female	0	2008-11-29 20:39:00
K-3 Spouse Visa Process & Procedures	Letter to Consular	ACK! I emailed the Embassy to make sure I had the list of documents correct and now they also want 3 years of tax returns. I thought that was only with the I-864? It's not on the list of instruction for the I-134 unless you're self-employed and then only for the last tax year. I have the returns, but it's a good thing I checked! I wouldn't have sent them otherwise. It seems like they're mixing things. Shewolf, Try to relax a bit and not anticipate too many issues, please. There's nothing you can do but make sure your husband has the documents he needs and can present himself and the validity of your marriage well in the interview. If something should go awry, for some odd reason, you can address it then. Right now, I'd concentrate on getting some rest so you can be the "she fox" for his arrival. I need a trip to a Day Spa! Chalk it up to consular discretion in public charge issues. After you get those out, make an appintment at the spa and get foxy!	diadromous mermaid	Female	0	2006-01-31 18:41:00
K-3 Spouse Visa Process & Procedures	Letter to Consular	Shewolf, Try to relax a bit and not anticipate too many issues, please. There's nothing you can do but make sure your husband has the documents he needs and can present himself and the validity of your marriage well in the interview. If something should go awry, for some odd reason, you can address it then. Right now, I'd concentrate on getting some rest so you can be the "she fox" for his arrival.	diadromous mermaid	Female	0	2006-01-31 18:13:00
K-3 Spouse Visa Process & Procedures	Letter to Consular	Unfortunately in this process, words are easy to come by. What the consular officer is looking for is proof. A letter is a good idea, but let your proofs demonstrate the legitimacy of your case.	diadromous mermaid	Female	0	2006-01-29 16:17:00
K-3 Spouse Visa Process & Procedures	Letter to Consular	Agreed, the letter should be more succinct and the mental agitations are of no consequence and in fact, the "persistence" you describe could lodge questions that don't need to be implied. Just a couple of pointers, prior to marriage, you should refer to your current husband as a fiancé (if after he proposed) or by his name if before. If not careful when reading, the letter implies that you were already married at times. Also, the correct salutation for a Consular Officer is not "Consular". You can address the letter to either: The American Consul (foreign city, country) or if in Latin America or Canada The Consul of the United States of America or if individual name is known John Q. Smith, Esq. American Consul or (if in Latin America or Canada) John Q. Smith, Esq. Consul of the United States of America or The Honourable John Q. Smith Consul The salutation at the beginning of the letter should read "Dear Sir or Madam"	diadromous mermaid	Female	0	2006-01-29 15:12:00
K-3 Spouse Visa Process & Procedures	H1B visa and marriage	As others have said, you can also apply for an EAD. However, once the EAD is issued, you will no longer be in H1B status, but will be an adjustment applicant. Therefore, you would have to get Advanced Parole to enter the country. If you do not wish to renew your H1B (which you can), you should also file a I-765 and a I-131 either with the I-485 paperwork... or about 4 months before your H1B expires. I would check this out.. I don't think receiving the EAD cancels the H1B, but rather IF the H1-B terms are violated (or expire), an EAD must be in place to work (whether for the H1-B sponsor or other). I was always under the impression that you can have only 1 document that give you EA at one time. Meaning that once an EAD was issued, that document governed your status and the H1B would be consindered void. That in essence that by applying and subsequently being issued an EAD, that aone was self-selecting to be treated as an adjustment applicant and not as a H1B. This is one of those gray areas that would likely require some detailed legal advice. I think it depends on which one is "used" But how would a CBP officer know which one was "used" All they have sitting on the screen that an EAD was issued on X date. Anytime there is a gray area when dealing with CBP, I tend to look at it with a grain of caution. I would hate for someone to be denied entry to the US, even if they were 100% right, due to some confusion on a gray area of an issue. My understanding is that applying for an EAD does not invalidate an H1B.	diadromous mermaid	Female	0	2006-02-01 13:13:00
K-3 Spouse Visa Process & Procedures	H1B visa and marriage	As others have said, you can also apply for an EAD. However, once the EAD is issued, you will no longer be in H1B status, but will be an adjustment applicant. Therefore, you would have to get Advanced Parole to enter the country. If you do not wish to renew your H1B (which you can), you should also file a I-765 and a I-131 either with the I-485 paperwork... or about 4 months before your H1B expires. I would check this out.. I don't think receiving the EAD cancels the H1B, but rather IF the H1-B terms are violated (or expire), an EAD must be in place to work (whether for the H1-B sponsor or other). I was always under the impression that you can have only 1 document that give you EA at one time. Meaning that once an EAD was issued, that document governed your status and the H1B would be consindered void. That in essence that by applying and subsequently being issued an EAD, that aone was self-selecting to be treated as an adjustment applicant and not as a H1B. This is one of those gray areas that would likely require some detailed legal advice. I think it depends on which one is "used"	diadromous mermaid	Female	0	2006-02-01 12:25:00
K-3 Spouse Visa Process & Procedures	Just wondering if anyone out there has been in a similar situation	Just wanted to point out that, depending upon where one was in the process, "starting over" might not be "starting from the beginning".	diadromous mermaid	Female	0	2006-02-06 08:00:00
K-3 Spouse Visa Process & Procedures	I-864	diadromous mermaid, In the USA we say, "anything is possible". In Thailand we say "#######" - this is Thailand - to explain why what makes perfect sense here makes no sense whatsoever over there. Yodrak Ah, yes. It's easy to be tempted to apply American solutions. Thank you for the reminder that what most of us consider normal here is often a luxury to most elsewhere.	diadromous mermaid	Female	0	2006-02-06 12:41:00
K-3 Spouse Visa Process & Procedures	I-864	chiangmaigirl, Your situation is rather unclear, but with regard to your property in Thailand I think it's doubtful that it will be a useful asset. You'd have to show that you can sell the property and move the money, after paying off any liens on the property, to the USA within a reasonably short period of time (one year if going by I-864 guidelines). You say that you own the property jointly with your two brothers? Are they living on the property? If you sell the property what will happen to them? How much of the net proceeds from the sale will you have to pay to them and how much will be left for you? And can you document all of these answers for the consulate? They aren't going to accept your spoken word on the issue. You say your husband made only $8,000 in 2005 - what is his current income on an annualized basis? You also say that the household size is 6. Sister made $22,000 in 2005 and husband made $8,000, that's $30,000 - that's only $2,000 short, what is mother's income? Household income needs to be adequate for household size, provided that the household members will sign I-864As with your husband. Are you living in Chinagmai at the moment? Yodrak If you are having difficulty meeting the requirements of the I-134, why would you prefer to file the stricter I-864? Is there something I am missing that makes the I-864 work when an I-134 wont? meddykomp from what I understand is whether I use I-134 or I-864 the people told me that my husband have to use the poverty line and our household size is 6 so what's different with that he still have to meet the requirement which is need over $32,000 for 6 people we have no one to become a joint sponsor and his household income not meet the poverty line so that's why i ask if i can use my property. Of course there is always the option of Changmaigirl having her brothers (co-owners of the property in Thaliand) buy her out of her respective share of the property, if she will no longer be needing it as a residence. Cash.	diadromous mermaid	Female	0	2006-02-06 11:28:00
K-3 Spouse Visa Process & Procedures	I-360	Hi all, I have a situation and i am wondering if anyone can help with advice or suggestions. I married my wife, a naturalized citizen but after many months of domestic violence on her part, we are now separated. i have initaited divorce proceedings against her. Before the separation, we had a big arguement, during which she struck me with a wooden object which caused me to bleed. I called the police and took some pictures of the injury. It was a couple of days before our first interview. in retaliation, she withdrew her petition a day before the interview with a stipulation that she would reconsider if i was willing to "behave". INS has sent me a notification withdrawing my authorization to work and i have been placed on removal proceedings. I have secured the services of a lawyer and a court date has been set for june 12 2006. I will appreciate advice or suggestion from anyone who has been through a similar situation or who knows anything that can bolster my case. thank you. Both actions, the violence/emotional abuse and the threat of control over the immigration process constitute abuse. Seek counselling from a local Family Aid centre and document your visit, order copies of the police visit and any other evidence/witness testimonies you may have of people that might have seen/heard the outbursts. Consult an immigration attorney familiar with I-360 petitions.	diadromous mermaid	Female	0	2006-02-28 21:01:00
K-3 Spouse Visa Process & Procedures	Too Long?	Hi, thanks for the advice, unfortunately I live in Scotland and the nearest branch would be Manchester which would be 4 hour drive. I wonder if we can have someone in my wife's family take out a money order for us... Is there no way to secure a money order in Scotland in US tender? Post Office, perhaps?	diadromous mermaid	Female	0	2006-03-04 16:45:00
K-3 Spouse Visa Process & Procedures	What to do after beneficiary divorces and remarrys a different applicant	I'm new to the forums and this whole immigration process ... I appreciate the helpful advice and support that I've witnessed in other posts. I have posted this in the K1 and AOS forums as I thought those would be the best places to get some advice. Apologies in advance for the dual post. My girlfriend and I met back in late October and started dating at the end of November. It's been a highly emotional and passionate love affair ever since. She originally came over on a K1 visa to marry her second cousin in March '05. To be honest, it was to be a paper only arrangement in order to gain a green card. They married within the initial required 90 day period in California, but resided in Washington state. Helen was biometric scanned by USCIS, second week of October '05. She was given an interview appointment towards permanent residency status (scheduled for December 9, 2005 at the Seattle Field Office), but did not attend due to the need to flee emotional and escalating physical abuse from her husband. 1 month post nuptial, she discovered that her husband has a severe drinking problem, is a drug user and is verbally and emotionally abusive. The abuse started to escalate to physical threats and acts on herself and the husband's mother who lived with them. The mother-in-law has taken out a restraining order that I am trying to get a certified copy of from the Clark County, WA. Clerk's Office. Helen fled to relatives in Florida in late October (just in time for the hurricane). She called the 800 number and told the customer service person that her husband was sick and she could not appear at the December interview. The rep said to write a letter of explanation. Helen did not write the letter nor appear at this interview. Jump ahead ... we meet through mutual relatives, start dating, fall in love and we'd like to start our own process. I'm looking for some confirmation and some "go forward" advice on processes from the forum. We've consulted several lawyers and basically, it comes down to the following scenario as I see it. Get her divorced, paper her existing file with a certified letter explaining what happened, file any other supporting documents (like the current restraining order and copy of upcoming divorce judgment), we get married and start our own process. At first, we concerned ourselves with the 180 day "out of status" calculations and tried to conservatively estimate when she would have to leave in order to not trigger a 3 or 10 year bar. Our thought was that she'd leave and we'd start a new K1 or maybe a K3 or IR1/CR1 process. We've since abandoned that line of thinking as our consultations have led us to find out that there is no consistent guide or application of the 180 day calculation, and since ultimately, it should all be forgiven when we marry and file for AOS on our own, we won't endanger her by having her leave. Can she continue the process on her own? What about filing I-751 on her own? I think we will have trouble establishing that the marriage was genuine as there was no mingling of bank accounts or property, etc. Also, the husband and mother in law are not helpful and in fact are antagonistic and now blame my girlfriend for the husband's emotional and addictive problems. Their theory is that he "fell in love with her" and was driven to emotional distress when she did not reciprocate feelings. Is there a helpful step-by-step guide on forms or processes we should be following? What should we be preparing? My assumption is that we start a IR1/CR1 process or start the AOS process after we get married. I appreciate any and all advice anyone can give us in this matter. Also any tips of words of support form others who have gone through a similar scenario. Thanks! Jon & Helen Sorry to hear of your dilemma, but you do have a significant legal battle ahead, and one which might not be successful at that, if you wish to adjust here in the USA. There was a small loophole that you might have heard from one of your consultations known as the Dixson & Dawson cases, all pre-IMFA revision of the INA. As far as I remember reading somewhere, there are no cases or precendents after the IMFA was enacted, but essentially, if I recall correctly these cases argued that the K-1 visa requirement calls for a marriage within 90 days and then the visa is satisfied. The consequent adjustment in the Dawson and Dixson arguments was not tied to the K-1 any more since the K-1 had been satisfied. I can't say where the legal position is on this, but even if there is a chance it would be a long and uphill battle to forge new territory. On the potential fraud issue with the first marriage, was there a paper trail that could be uncovered to conflate the matter, such as an agreement, letters or an exchange of money?	diadromous mermaid	Female	0	2006-03-15 20:17:00
K-3 Spouse Visa Process & Procedures	Paranoia	Don't worry, they can't test for something without his consent. Actually, they do not need your consent for an immigration medical.. they can use your blood to test for whatever they want... you are doing the medical to be able to apply for an immigration benefit, there is no doctor/client provilege and the doctors runs tests that are directed by the US Government. And there have been people who have had their visas rejected because a drug test had been performed on their blood and it came out positive.. Because of your fiancee's response, don't be surprised if they in fact do perfrom a drug test on the blood... Right! Zyggy, I just noticed your siggy. I suppose the correct one under my name should be "Desinit in piscem mulier formosa superne "	diadromous mermaid	Female	0	2006-04-06 13:04:00
K-3 Spouse Visa Process & Procedures	MARRIAGE FRAUD	dmartmar, I had no idea you're an Anti-fraud investigator for USCIS! I'm not. I just speak from firsthand experience. First off, I don't want to ride you, because I am aware of your experience and I know that it can be a very hurtful and painful experience that many would have a diifficult time understanding. I also would not find it surprising that scars that can form as a result, but my point was that it's your firsthand experience, and not necessarily to be applied in the general sense. The great majority of aliens enter into marriage and remain in it for as long as it is necessary with the sole purpose of gaining immigration benefits. Others move out and change their address with the PO, but not with the USCIS right after the USCsubmitting the AOS paperwork, as to make it seem if they're still remaining When you make sweeping statements like above, it appears that you aren't restricting it only to your specific case, but to many if not most. And that's not accurate, in the first place, and not just either. There is no doubt that some aliens might contemplate entering marriage for the sole purpose of immigration benefit, in fact, the regulations are written in the way that they are as a by-product of a percentage of aliens that have done just that. Some of those aliens are also savvy enough to realise how to navigate the process so that they achieve their goal. That can include aliens that remain married just long enough to secure the residency and not a moment longer. It's not that I do not agree with what you are saying, but it's a hazard to state it in such a way that is appears to represent a large body of people. P.S. In the event of an alien moving and only placing a forwarding order with the Post Office and not with USCIS, if USCIS sends notification of approval of the GC without an interview, and if the envelope bears certain language it cannot be forwarded and would be returned to the Service Centre, which would alert USCIS to look into the matter with a little more scrutiny. Now, I'm not saying that all notifications are mailed this way, because I happen to know they aren't, but some are. Edited by diadromous mermaid, 17 March 2006 - 07:24 PM.	diadromous mermaid	Female	0	2006-03-17 19:21:00
K-3 Spouse Visa Process & Procedures	MARRIAGE FRAUD	In other words, one can be an alien and fall in love with a US citizen with the notion that one reason you love him/her is because he/she lives in America and as his/her spouse you will automatically become entitled to the same benefit of living in the USA permanently. So it's ok to marry out of interest, as long as love justifies it. This would not necessarily constitute "marriage for immigration benefit" because the statutes state that marriage fraud involves an alien entering into a marriage (note that I said entering into and not remaining in) for the sole purpose of gaining immigration benefits. As odd as it seems, that is the way the regulations are written. The great majority of aliens enter into marriage and remain in it for as long as it is necessary with the sole purpose of gaining immigration benefits. Others move out and change their address with the PO, but not with the USCIS right after the USCsubmitting the AOS paperwork, as to make it seem if they're still remaining dmartmar, I had no idea you're an Anti-fraud investigator for USCIS! My apologies, appearances can be deceiving.	diadromous mermaid	Female	0	2006-03-17 08:54:00
K-3 Spouse Visa Process & Procedures	MARRIAGE FRAUD	What data -apart from her husband gives you- do you have to decide she is a fraud? The mere fact she married her USC husband just to "immigrate" to the US. So yes, it is IMMIGRATION FRAUD, regardless of a GC being involved or not. Strict interpretation of INS law states that an alien can marry for the purposes of attaining permanent residency in the USA, as long as that is not the SOLE reason for marrying. In other words, one can be an alien and fall in love with a US citizen with the notion that one reason you love him/her is because he/she lives in America and as his/her spouse you will automatically become entitled to the same benefit of living in the USA permanently. This would not necessarily constitute "marriage for immigration benefit" because the statutes state that marriage fraud involves an alien entering into a marriage (note that I said entering into and not remaining in) for the sole purpose of gaining immigration benefits. As odd as it seems, that is the way the regulations are written.	diadromous mermaid	Female	0	2006-03-15 19:34:00
K-3 Spouse Visa Process & Procedures	MARRIAGE FRAUD	There are many "opportunists" in the world, hoping to have a better life than the one he/she has been accustomed to. While this is naturally not conducive for a marriage, it doesn't necessarily spell immigration fraud. By definition, an opportunist is "someone who purposely and premeditatedly takes advantage of any person or situation to achieve his/her own personal and selfish gains, with no regard for principles, morals, values or consequences." So based on the above definition, this marriage reeks of immigration fraud, since it's obvious the immigrant wife never truly had bona fide intentions and instead had ulterior motives. Just a note.. Prior to the OP declaring his wife's statement as she left, I can't see how you can make the leap to immigration fraud from a definition of "opportunist". No doubt opportunists don't make for good bed-fellows, but that doesn't automatically denote a person guilty of breaking immigration protocol. A "gold digger" is someone looking to feather his/her nest, perhaps holding that above other more essential reasons for being together. Naturally, I'm with Yodrak on this one. Had the comment she made upon her departure been offered in the beginning, this conversation may have stayed on course.	diadromous mermaid	Female	0	2006-03-10 17:48:00
K-3 Spouse Visa Process & Procedures	MARRIAGE FRAUD	I truly hate to come to this forum with this type of problem but I'm not sure what else or who else I can turn to. My wife came here from Ukraine under a K-3 Visa on 14 October 2005. I was about to file for her Adjustment of Status when she decided to move out on me saying that I was not a good husband. So, she packed her bags and moved in with a Russian couple a few miles away from me. The Russian couple had been trying to convince me to let my wife go to work without a Social Security Card. I explain the process of obtaining the work authorization from USCIS. But my wife was not willing to wait. Anyway to make a long story short I am of the firm belief that my wife got married to simply have a free ticket to the states. She has made so many comments about why a person's house is bigger then ours, why a person drives a newer vehicle then we do, etc, etc. So I cannot help but believe this is a typical case of marriage fraud. I have obtained a protective order against her,(today) as to prevent her from getting my home and my belongings. So my question is, is there someone I can contact to report this fraud or start the process of trying to get her K-3 Visa revoked..if that's even possible. You can contact ICE and your local office, but I should also caution you that once reported it's hard to retract one's statement, so with that in mind, take the time to find out if it is what you suspect it is. There are many "opportunists" in the world, hoping to have a better life than the one he/she has been accustomed to. While this is naturally not conducive for a marriage, it doesn't necessarily spell immigration fraud. I'd suspect that either way it is a great disappointment to learn. Best of luck to you.	diadromous mermaid	Female	0	2006-03-08 21:10:00
K-3 Spouse Visa Process & Procedures	sponsers responsibilty	Most recent published case of alien vs sponsor civil suit under the contract of Affidavit of Support was discussed on here about a week or so ago. I can't remember the thread, sorry. The case was a Pennsy case Stump v. Stump. Likely to be appealed by the USC, but right now there as a precedent for others to follow until reversed by the COA, if that occurs. Alien *could* sue for anything if he/she finds after divorce that his/her income falls below the poverty guideline figure. The Stump case is important in that this court found that there is no compelling requirement for the alien to be working or otherwise mitigating the damages that the US citizen spouse would incur. At the moment its a strict liability situation, with the courts simply needing to determine damages. That would be a simply mathematical computation of what the alien's income is, if any, versus what the 125% poverty guideline calls for. The difference awarded to the alien from the US citizen ex-spouse sponsor. Naturally, if the alien chooses never to work and never to naturalise or leave, it could be a fairly expensive proposition for an ex-spouse. And this does not obviate the government from a similar claim, should the alien also seek benefits while not entitled. Edited by diadromous mermaid, 23 May 2006 - 10:18 PM.	diadromous mermaid	Female	0	2006-05-23 22:14:00
K-3 Spouse Visa Process & Procedures	Age Discrimination and Denials	I'm the USC and 20 years older than my Canadian husband. It has crossed my mind that it may look like I'm being played for a greencard. On the other hand, he's my fourth husband, so perhaps I should be more worried about being perceived as a polygamist. In the end, each story is unique. If the relationship is genuine, and you have all the proper documents, you shouldn't worry. It may be that in some cultures a younger man would not want to marry someone older. But as far as I know, Consulate officials judge cases based on U.S. immigration procedures and not local customs. Good sense of humour, but I doubt it would be polygamy unless hubbies one, two and three were all at the same time On a serious note, scrutiny of age differences may be commonplace in all consulates as are other signals, regardless of local custom, but that its overcome with sufficient evidence of a bona fide relationship. I think certain conulates look at some of the classic "red flags" because of the higher incidence and frequency of fraud.	diadromous mermaid	Female	0	2006-06-09 21:01:00