biggish data

Green Card never received

If USCIS are saying the greencard was mailed and has not been returned to them... then you are going to have to file the I-90 and pay the fees.... that is exactly what happened to me.... I even had our congresman involved as I dont see why I should have to pay again for the card.... but no joy USCIS claim once it is mailed it is no longer their issue if it goes missing.... I was told to take it up with USPS...

So I just paid the money e-filed the I-90 and waited for the new card to arrive.... took longer to get a replacement card than it did to do AOS....

Good luck

Kez/JWolf

Male

2006-11-11 08:56:00

I married a Spanish Tourist

I did AOS from a tourist/VWP and it was easy to do the form are ok if you read them closely.. I would recommend a chat with a immigration lawyer just to go over your case and if all is ok then you can do this without the need to have a lawyer do all the paperwork for you... As for being asked to prove you had intent to return to your own country I was never asked anything about how I came to the US and all the others that have been on this forum if they were asked anything it was when did you arrive and when did you plan to leave... that is all..

Good Luck

Kez

Kez/JWolf

Male

2006-11-27 19:29:00

Yes what you quoted is very true.... if you look into it further you will find that there has to be a separation agreement and they have to have moved out of the household for the last 6 months of the year.... as the OP filed last year as head of household as a single person with dependents she can not continue to claim the same status... she would be much better off tax wise if she claimed as married jointly and got the full exemptions she can get....

Kez/JWolf

Male

2006-11-27 16:42:00

NOpe if you are married as of Dec 31st and you do not have a legal document of separation or are divorced then you can not file as head of household... there are no other exceptions... if you are married and dont live together then you can file separately if you want or jointly....

Kez/JWolf

Male

2006-11-27 16:28:00

You don't HAVE to file jointly - what you do have to do is file as Married - whether separate or jointly is up to you depending on the costs and benefits of each option.

Is this something that HAS to be done? What happens if you don't want to file your spouse. Can I just file married filing separately and if so will there be any problems for next year?

I guess what I'm trying to say is I don't want to have my spouse apply for a TTN. I want to file my taxes w/o that headache. I was planning on filing "head of household" but now I dont' know. I thought that was the right thing to do since my sister have done the same a couple of years ago but now I'm unsure. Please advise. The bottom line is I'm not looking for an add'l refund just don't want to owe any taxes.

To get the best refund and not owe any taxes you need to file married filling jointly this will give you the largest amount of exemptions and the largest refund.... it is a simple form to complete to get an ITIN number for your spouse... but you can not file head of household as you are now married... if you are unsure of what you need to do there are places like HR Block that do tax preparation who can help you they are not too expensive and will get you the best refund possible....

Kez/JWolf

Male

2006-11-27 16:07:00

There is nothing to stop you filling Married filling separately You will pay more tax as your exemptions will be much lower then if you file married filling jointly... this will not cause you any problems next year...

Edited by Niagaenola, 27 November 2006 - 02:20 PM.

Kez/JWolf

Male

2006-11-27 14:17:00

To use the filing status Single you have to be unmarried as of Dec 31st 2006, to file Head of Household you have to be divorced or hold a legally binding separation agreement and have a qualifying dependent...

The correct filling status for someone married to a non-resident alien should be Married filing separate or Married filling jointly... you can reduce your tax liability by filing married jointly all you need to do is request a ITIN from IRS for your foreign spouse at the time of filling or before....

For more information see IRS website or IRS publication 17

Kez/JWolf

Male

2006-11-27 06:31:00

Is it possible to be approved for a green card if my wife owerstayed her visa before?

WHY ARE YOU LOOKING FOR A WAY TO LIE ABOUT WHO AND WHAT SHE DID IN THE PAST....

Do you not know that the quickest way to get refused for any visa is to lie to immigration... you are going to have to provide her maiden name and date of birth and information about prior trips to the USA...

Dont be a fool... get it sorted out if you need a waiver to get the visa then file for a wavier.. but be honest and dont try to hide things it will only come back and bite you in the ### at some point in time..

Kez/JWolf

Male

2006-12-04 11:54:00

What is the difference between IR-1 and CR-1?

IR1 = Marrired more than 2 years at time of interview and gets 10 years greencard....

CR1 = Married less than 2 years at time of interview and gets a 2 year conditional Greencard.... conditions have to be removed before the expiration date of the Greencard approx. 1 year and 9 months from the date of issue... if approved at removal of conditions a 10 year Greencard is then issued...

Both a CR1 and a IR1 have the same rights as all Greencard holders...

Kez

Kez/JWolf

Male

2006-12-15 10:17:00

Touched

QUOTE (Kathassane @ Jul 25 2008, 11:04 PM) <{POST_SNAPBACK}>

Is there usually an approval after a touch?

fill me in, please

Kathleen

If you have a history of 'touches' then yes, a touch often leads to approval.

I hope so! Good luck!

KimandRuss

Female

New Zealand

2008-07-26 11:44:00

Visiting the US while waiting

Lots of people visit. I'm not sure why lawyers would tell you not to.

My fiance was denied entry but ... he was basically living in the US on the VWP for a year while we waited out my divorce. We pushed our luck! He still got in 5 times in two years without any ties to home and stayed 90 days each time.

Whether you have a spouse/fiance in the US or not, everyone is subject to discretion at the border. Bring ties...tell the truth..and chances are you'll be fine.

good luck

KimandRuss

Female

New Zealand

2008-07-27 08:09:00

Question about NVC to consulate

Not sure if it works the same for CR-1's but maybe this will help you...

To get the new case number she will have to call NVC/DOS and give them the first case number.

good luck

KimandRuss

Female

New Zealand

2008-07-27 11:33:00

Crazy Question...

QUOTE (raj @ Aug 7 2008, 05:32 PM) <{POST_SNAPBACK}>

You can go to US anf file for AOS. That is way faster. An Italian girl working as a trainee in my office who was on a student visa married her fiancee in Italy and then came back to USA. She filed for AOS and got her interview in just 2 months.

I agree with cmbn.

If you have filed your I-130 then you stay back in Canada.

cept this...

You can not come into the US on a student visa with the intent to immigrate. You can not simply marry in another Country and bring your spouse home with you. DCF (Direct Consular Filing) requires the the US citizen resides in that Country for some time first. The Adam Walsh law enacted last year changed everything and some Consulates haven't even figured out the new process yet. Either way it's a waiting game. Do you think we're all here waiting because there's a simpler way???

At the AOS intverview (which many of us filing through the proper channels will never have because we are going about this the 'right' way) it is up to the beneficiary to prove that there was no intent upon entry. Coming in on any other visa and marrying will put you under more scrutiny to begin with..and this is where it gets sticky.... this is where you are subject to a ban from the United States.

This is why we don't recommend breaking the law in an open forum. It is against the Terms of Service.

Edited by KimandRuss, 07 August 2008 - 05:05 PM.

KimandRuss

Female

New Zealand

2008-08-07 17:03:00

Crazy Question...

QUOTE (cmnb @ Aug 7 2008, 03:36 PM) <{POST_SNAPBACK}>

on a side note, i have talked to 3 immigration attorneys and they DO NOT recommend u coming to the states while your I-130 petition is pending...if this officer at POE feels that u r going to stay behind and adjust status, he/she has the right to send u back even if u have a valid tourist or any other visa on hand...this would b considered as deportation and may have a negative effect on ur application.

This is untrue.

It is up to the beneficiary to prove there is no intent to immigrate at POE by showing ties to his/her own Country. Many people visit while awaiting spousal/fiance visa's with no problem.

When you are refused entry for something like this you are "allowed to withdraw your petition to enter the US". You are NOT considered deported and it has NO negative effect on your petition.

Overstays... misrepresentation... etc.. those are the things that get you in trouble.

You got good advice otherwise.

KimandRuss

Female

New Zealand

2008-08-07 16:53:00

CSC approved 1 week

that is wonderful! Congratulations! Good to see them moving on you k3's waiting at vsc so long!

KimandRuss

Female

New Zealand

2008-08-16 14:22:00

QUOTE (Damian P @ Aug 28 2008, 08:00 AM) <{POST_SNAPBACK}>

Like another poster has said, provided that she isn't "doing a Russ" (sorry Kim

) and spending months on end in the U.S., leaving for a few days and then coming straight back, then there's no issue with her visiting on the VWP. You'll have to go through seperate lines at immigration, so when she goes through she's better off not pointing out that she's travelling with you (her new husband) as that's bound to send up the red flags. Get her to make out she's travelling alone and has simply come to visit you.

I've come and gone with no issues whatsoever during the visa process by sticking to those simple principles. I've never even been asked for any documentation tying me to my home country.

Ooooo salt in the wound!

KimandRuss

Female

New Zealand

2008-08-28 08:21:00

again, it's all about the POE... she's coming in newly married to a US citizen, to them...she already has intent it's up to you to prove she's not staying. Go visit the Canadian forum here and those fine folks can tell you all about crossing the borders there.

KimandRuss

Female

New Zealand

2008-08-27 21:05:00

A lawyer can not straighten things up for you any quicker. Most here would advise you to save your money.

No, she can't live here even if you support her.

If you want to keep the job then get all the paperwork ready, have a wonderful wedding

, then file for your spousal visa as soon as you can. The immigration timelines link above will tell you approximately how long each takes and the GUIDES (look under guides if you are married) will tell you exactly what you need to file. The flow chart will break the process down for you. There are even example forms you can check your own by to make sure you get it right.

I know this is a bad day... many of us have been right where you are now. My heart goes out to you both.

some perspective.... you're still marrying the woman you love.

KimandRuss

Female

New Zealand

2008-08-27 18:46:00

I'm pretty sure Canadian residents can stay in the US up to 6 months.

That being said, it still at the discretion of the POE officer to allow entry. One would think they would be sympathetic to your situation but we all know that's not always the case.

If the job is not that important you .... then I guess you have your answer.

KimandRuss

Female

New Zealand

2008-08-27 18:32:00

You seem to have a good grasp on the reality of the situation ...and your options. Only you can decide whats best for you.

If everything is all paid for and you can't postpone the wedding then it seems you really only have one choice.

We lived together for a couple of years and also assumed it was ok for us to simply be together but he was denied entry last year and we've been separated since. It has been difficult but we got through it...we're almost there. You'll find a lot of folks here in similar situations.

Whatever you choose...good luck to you both.

KimandRuss

Female

New Zealand

2008-08-27 18:01:00

G-325a question for children

moving this to DCF

mbk

Edited by KimandRuss, 22 September 2008 - 03:38 PM.

KimandRuss

Female

New Zealand

2008-09-22 15:38:00

wedding photos required for CR-1?

moving this to CR-1 forum

btw.. your profile says K-1

good luck!

KimandRuss

Female

New Zealand

2008-12-03 13:32:00

can NVC do this?

merged with duplicate post

KimandRuss

Female

New Zealand

2009-01-02 11:03:00

Where the hell is CRIS ????????????

cute.... ooo all those touches, I bet it's soon!!! ... hope so for your boss' sake.

good luck!

KimandRuss

Female

New Zealand

2009-01-08 16:35:00

Dont want to go to USA

There is no violation of TOS. It's merely a discussion.

The OP can request to have it deleted if she so wishes.

KimandRuss

Female

New Zealand

2009-03-06 20:21:00

Traveling while still under temporary I-551 Stamp

Yes, it is fine to travel less than 3 months. The 2 year green card works just like the 10 year card except for that extra removal of conditions part.

engineer21

Female

Indonesia

2012-05-08 05:12:00

G-325A Form

I cannot find any sample G-325A forms on the internet, where the information shows any details for "Date & Place" of former spouse marriage and divorce. I know the correct answers, but the spaces provided are too small. By the time the date in entered in the correct format (i.e. 00/00/0000), there is very little room for the location. Are they (USCIS) looking for whether the divorce was in or out of the United States, or what? How has anyone else been able to fill these spaces correctly? Do I abbreviate? Do they want city and state, or country? Thanks!

Whatever I couldn't fit in the form by typing, I wrote by hand.
USCIS didn't have a problem with the fact that my G-325A was part typed, part hand written.
Good luck!

engineer21

Female

Indonesia

2012-05-24 17:29:00

Proxy marriage - but I go to Mexico daily

Wow, that is definitely interesting to hear! Thanks for sharring

engineer21

Female

Indonesia

2012-05-24 18:15:00

I need advice please!!!!

Having had his name enterred in the diversity lottery will not affect anything.
I did this once (or twice?) can't remember. but I wasn't selected so never applied for any visa through that program.
Was not even asked about it during my immigration process.

Thank you guys for your valuable response

engineer21

Female

Indonesia

2012-05-27 10:19:00

Indo Question: Catatan Sipil how to?

For what it's worth the date on my birth certificate from catatan sipil is the actual date of my birth. By this logic catatan sipil should also put actual date marriage. Otherwise it is absolute mayhem coupled with zero centralized records.... Really, just astonishing
Anyways good luck to you!

engineer21

Female

Indonesia

2012-06-07 21:09:00

Indo Question: Catatan Sipil how to?

And pushbrk makes a good point, the date on the cert from Catatan sipil may be the date they make the cert, this not the same as buku nikah.

I've also discovered that depending on which office of Catatan sipil you go to (depends on province) they may not make the cert because they are considered equal with the KUA and don't want to be rude and do something that may appear as usurping the kua's power. I think most are not a problem though.

At first I found this surprising that they might put a different date then actual date of marriage. Or that they may refuse to register your marriage. Catatan sipil is supposed to serve as registrar of All births, marriages, and deaths. And then I remembered this is Indonesia.
The wording of the rule in marriage registry is that persons married in a Moslem ceremony need not register with catatan sipil/civil registry.
But this certainly should not mean you can't. :bonk:

I would try and insist on the same date to be put on for accuracy and correctness. Personally I would pay the extra red tape fees if someone can make this happen. Unbelieveable the amount of disorganization... :no:

engineer21

Female

Indonesia

2012-06-07 21:03:00

The INCOME does not have any multiplier rule. Not 5x, nor 3x.
If your fathers income is more than what the 125% poverty guideline says for the household count, you are fine. No assets needed.
Good luck! Semoga sukses!

engineer21

Female

Indonesia

2012-06-11 05:09:00

Keep in mind that only $10,000 for each $50,000 of income will be counted in a joint sponsor to be above 125% poverty guideline. So in this case your fathers income must be atleast $97,000 last year

as the current 125% is $18,970

What is the source of this information? I have never heard of this rule for joint sponsor.. :blink:

engineer21

Female

Indonesia

2012-06-10 17:49:00

Yes, my dad is going to co-sponsor me and he is well above the 125% line with income alone. I have a few assets but I don't think I can combine with his income. But it should be fine, he's way above the porverty line and it will just be us 3 in the household (Myself, my wife, and my father).

On your father's household size: does he claim you as a dependent on his taxes?
Because if he doesn't, and there is no one else that he is financially responsible for, I think he only needs to count himself and your wife - household size = 2.

engineer21

Female

Indonesia

2012-06-10 17:18:00

Alright, thanks. That's what I had thought, just wanted a second opinion.

You have assetts to show or a co-sponsor lined up, I hope?

engineer21

Female

Indonesia

2012-06-10 15:19:00

If there is no $$ coming in right now, then it is zero for current income

engineer21

Female

Indonesia

2012-06-10 13:31:00

Co-Sponsor

No, I don't think multiple co sponsors are allowed, unless there are multiple intending immigrants
Co sponsor does not have to be a household member. The benefit of having one who is a household member is that the petitioner and household member can combine their income to qualify.
If not sending IRS transcript be sure to include all other tax forms ( W-2, 1099, etc)
Paystubs will help too.
Took about a week for us to receive our transcripts after ordering them online

Edited by engineer21, 11 June 2012 - 07:34 PM.

engineer21

Female

Indonesia

2012-06-11 19:31:00

affidavit of support

1. Yes you are still the main sponsor even if your income is zero.
2. Yes
3. Yes that would be your information also

Your brother needs to fill out another I-864 to go with your I-864

Another option..
Your brother can fill out I-864a instead because he is a household member. ( you still need to fill out your I-864)
if he does this, need proof that you live together.

But in my opinion since it sounds like you will be using his income solely, it is cleaner/ simpler for him to do the I-864 (again, you still need to file one as well as the main sponsor)

Ps: since he claims you as dependent, he needs to count you in his household count

engineer21

Female

Indonesia

2012-06-12 05:15:00

please help me in Part 3 I-864

Hi Guys,

First of all, i would like to thanks to VJ & all its members for helping, i have one more question, i have a question in i-864 form Question no 3
which is ,

Part 3
8. I am sponsoring the principal immigrant named in Part 2 above.
YES No (Applicable only in cases with two joint sponsors)

9. I am sponsoring the following family members immigrating at the same time or within six months of the principal immigrant
named in Part 2 above. Do not include any relative listed on a separate visa petition.

i am using joint sponsor also to sponsor my wife & my 9 months old daughter also, because i am not making enough income to sponsor my family, the joint sponsor is not my family, its my close friend,
so please help me in PART 3 (8.9)answers. thanks in advance

Part 3 question 8 is YES. You are still the main sponsor eventhough you have a joint sponsor.
Part 3 question 9 you would list the daughter IF she is your stepdaughter and not your biological child, and therefore not a US citizen.

engineer21

Female

Indonesia

2012-06-17 07:54:00