ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & Proceduresi dont understand what going on with my case
It looks like they may have re-opened your case to review it again. Anytime you get corespondence from USCIS it usually means they are "touching" your file. I would put a call into them though just to be sure.
trojam227FemaleEngland2012-04-05 19:59:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQuestion about support
If you claim your son as a dependent on taxes and included his SSI when you filed taxes this year, then his income is your income..you should have a 1099 for ssi so make sure a copy of that is included with your tax return you submit with the I864. Household size for I864 purposes is you, any dependents you claim on taxes (whether they live with you or not) and the sponsored immigrant. So 3 would be correct count for you, unless you support/claim someone else too. If you receive child support you would include that as income also and show proof of payments.
trojam227FemaleEngland2012-05-11 21:13:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPreparation between NOA1 and NOA2
You can sign up on the USCIS website to receive text/email notifications as well. Take this time to review all the steps for the NVC stage. You will need to gather some financial docs. for the I864, your wife will need to order & gather some Original documents (as well as send a photocopy of each) I printed all the pages of these and referred to them often when putting together the packets for AOS & IV. Read these:

http://www.visajourn...wchart_v1-2.pdf

http://www.visajourn...he_NVC_ShortCut

http://travel.state....c/nvc_1335.html


Ask questions if you are unsure about anything. Plenty of Vjers have the answers. Good Luck!

Edited by trojam227, 15 May 2012 - 07:56 AM.

trojam227FemaleEngland2012-05-15 07:53:00
IR-1 / CR-1 Spouse Visa Process & ProceduresProof of Relationship Requirements
You can send Itemized phone bills if you don't have chat logs. Also, another suggestion would be to make another trip over before the wedding if you can, and you don't have to rush the wedding just for the visa. Take your time and do it right on the first go. Some people have their I130 all ready to mail before they even get married. Try enjoying your fiance and then the wedding before getting bogged down with all the legal stuff. Just some suggestions...relax, she will get here all in good time. :)

I am rounding this up, but for 2 of you, you will need to make $20,000.

Best wishes on your future together!
trojam227FemaleEngland2012-05-15 08:28:00
IR-1 / CR-1 Spouse Visa Process & ProceduresInterview!!!
Congratulations on everything! And yes, I'd say you were expedited...they almost never give a formal "approval" to expedite, they just move you along faster. You flew through NVC very fast! And to get an interview scheduled that soon after CC is remarkable. Good job!
trojam227FemaleEngland2012-05-15 09:04:00
IR-1 / CR-1 Spouse Visa Process & ProceduresJoint Sponsor Income

Thank you very much. That was very helpful....

Have a great day


You're welcome! Like Ryan said your joint sponsor doesn't include You in household size, But you will also have to fill out your own I864 including you & your wife. You send them both. Just wanted that to be clear.
trojam227FemaleEngland2012-05-15 16:21:00
IR-1 / CR-1 Spouse Visa Process & ProceduresJoint Sponsor Income
It depends on co-sponsor's household size. It's 125% of federal poverty guideline. So if your co-sponsor is Single with No dependents then he/she would need to make atleast $18,912. (for 2 people, himself & sponsored immigrant)

Look at the I864P chart on USCIS website here:

http://www.uscis.gov...form/i-864p.pdf
trojam227FemaleEngland2012-05-14 19:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAOS Question
You're welcome! Glad to help. :D
trojam227FemaleEngland2012-05-15 19:48:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAOS Question
As long as he makes enough money it's perfectly fine. He has to meet federal poverty guidelines for Himself, You, and Your wife (along with any other dependents he claims).
trojam227FemaleEngland2012-05-15 16:04:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI130 RFE
I think other UK applicants have had similar problems with the divorce decree absolute. If you say it was perfectly legible then maybe it's a problem with the USCIS recognizing the document. Read this thread:

http://www.visajourn...divorce-decree/
trojam227FemaleEngland2012-05-15 08:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAOS FORM HELPPPPPPPPPPPPPP

Another doubt: I864A - Household member or just joint sponsor?


My hubsand, the USC doesnt live in the same address that his father lives (our co-sponsor) BUT We will be living with him in the U.S and His address were our intent address to live in the U.S on the I130 form and in the DS230.

Now, should this count as we being a household member? Let's have in mind that my husband address in all the forms was abroad, and he is not dependent on taxes returns.

My doubt is should my co-sponsor submit the I864A together too?

Thanks a lot!


No, don't bother with the I864A. It is preferable for each of them to file the I864. Don't worry about sharing the household. As many experienced Vj members have said before, it gives the NVC a clearer picture of individual finances if Petitioner & Joint Sponsor file seperate I864's. Make sure joint sponsor includes proof of citizenship/lpr, along with financials. Good luck!
trojam227FemaleEngland2012-05-16 15:23:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAOS FORM HELPPPPPPPPPPPPPP

How can I check which AOS form I need to fill out?

Cos I thought I need to fill out the I 864 too but maybe its that other one.

I've heard that people with co-sponsor needed to fill out the I864EZ, is it true?

I have a co-sponsor, which form do I need to fill?

Thanks a lot!


No, with a joint sponsor you Need to fill out the I864 (not I864ez)

The EZ is for petitioners who are Only sponsoring 1 immigrant, and Only using their own wages from work (and/or pension income) that is reported on W2 tax forms.

Read all about it here:

http://travel.state..../info_3197.html
trojam227FemaleEngland2012-05-16 11:33:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhen to file the DS-230 part I and II?
:thumbs:
trojam227FemaleEngland2012-05-17 07:28:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWhen to file the DS-230 part I and II?
Ditto what bule&cantik said. A lot of people get confused when first starting out, and understandably so. Some important things to remember..

The I-130 is to prove Petitioner's US Citizenship/LPR and Relationship to the Beneficiary. That's basically it.
(it's like getting pre-qualified to show eligibility)


The DS-230 is the actual Visa application for the beneficiary (aka: applicant) to complete later in the NVC stage. Fill out entirely but only sign Part I.

(a lot of the other stuff happens in this stage also, and that's when you really have to be on the ball)
trojam227FemaleEngland2012-05-16 21:37:00
IR-1 / CR-1 Spouse Visa Process & ProceduresConfused about I-864 at NVC.
Uggggh. Find a joint sponsor or wait until he files 2012 taxes to re-submit AOS. Atleast you have 2 options, and tax season is less than a year away so your case will still remain open at NVC if you do have to wait. Sorry about this...
trojam227FemaleEngland2012-05-16 11:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPolice certificate

From 16 years to 18 yrs, I lived in the US. I recently moved back (3 months ago), and I've never been arrested.


If you have only lived in the US & Mexico since 16, and have never been in trouble with the law, then you don't need a police certificate at all! You will be e-processing through NVC so that is nice..scan everything in color & if it's not in English, get it translated too. Good luck!
trojam227FemaleEngland2012-05-18 18:19:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPolice certificate

Hello all,

Another question. I'm trying to get all the documents ready to go, like the Police Certificate, while we wait. I believe I've seen in a couple of places that the Police Certificate is needed when the beneficiary is older than 16 years, and has been living in a country for more than 12 months. Well, I was born in Mexico, but I have only been here for 3 months so far. Do I still get the police certificate from Mexico?

Also, is it typically a 2 month wait after the NVC case for it to get to the assigned consulate and assign an interview date?


As beejay said, you won't be able to get a police cert. from Mexico, BUT if if you have ever been arrested in Mexico since you've lived there, you will need police reports & court records. You will need a police certificate from whichever countries you've lived in (for 6mos. or more) since age 16 (if available). You don't need one from the USA.

Edited by trojam227, 18 May 2012 - 05:56 PM.

trojam227FemaleEngland2012-05-18 17:54:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPetitioner/Sponsor (USC) has adequate income still CO wants Joint Sponsor


Maiortum, they weren't able to find marriage fraud in your case so don't even focus on that. I totally agree that if our govt is going to post guidelines and then allow their employees to go outside of those guidelines, then WHAT IS THE POINT OF HAVING GUIDELINES!! Your situation infuriates me to no end. But the others are right...what matters is getting your wife here right now. After she gets that greencard THEN set those corrupt, no good, filthy ??@^8*&'s straight!!!

Ya know, one time right before I married my husband, a UK Border control officer (female) said to me after 10 minutes of questions, "How long are you planning on carrying on your relationship this way?" I really took offense to that...under my breath I was thinking "what business is it of yours how I conduct my relationships lady!" but had those words come out of my mouth, she could have refused my entry and my husband on the other end of the hallway would have been gutted. So I humbly answered "As long as it takes."

Sometimes we have to swallow our pride and follow their rules...not forever though. Go work on that AOS diligently, get revenge later.
trojam227FemaleEngland2012-05-20 18:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPetitioner/Sponsor (USC) has adequate income still CO wants Joint Sponsor

Thanks for your comments. My pension is 100% US tax exempt. I am not even required to file a tax return but for her sake I did and also provided the tax transcripts. My social security award letter came after I had already filed her I-864 - this adds another $800/mo or so to my income. My wife would continue to get her widow's benefits even if I passed away. What the co did in her case is plain abuse. Yes the American Legion and VFW are mounting a full scale response to this abuse of discretionary authority on a vulnerable woman. Thanks to all for your prayers and blessings. Please write to the US consulate in Mumbai, India to register your outrage. Let not others suffer at their hands.



Thank you for your concern and analysis. Please read the response later in this post. Salamat.


I am glad you are taking steps to have the situation addressed. You shouldn't need a joint sponsor once the SSI starts. You should re-file with the updated income information and proof that your wife will continue to receive widow's benefits, God forbid. (although the govt. should know that, don't assume the IO does. Some pensions end upon death...I know because my mom is collecting off her ex-husband's pension that will stop when he dies).
trojam227FemaleEngland2012-05-18 23:19:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPetitioner/Sponsor (USC) has adequate income still CO wants Joint Sponsor
I am sorry your wife had a hard time at interview...what they said was very unprofessional and I would put in a formal complaint if I were you.

As far as the AOS, was federal tax withheld from your pension checks? Even though figures are entered from tax return (adjusted gross income) I believe you have to meet the guideline with NET income. If you were cutting it close that could be why...?

I know that NVC verifies that you meet bare minimum, but it is ultimately up to the IO if a joint sponsor is needed.

Does your pension stop if something were to happen to you? If so, maybe that was a concern?

Only US immigration knows the factual answer as to why..your job is to figure out who will be your joint sponsor.

I am sure you will work it out somehow...
trojam227FemaleEngland2012-05-18 22:00:00
IR-1 / CR-1 Spouse Visa Process & Proceduresthis is our cover letter is it ok???
Don't bother sending beneficiary's passport or birth certificate copies. They are not needed or helpful for this part of the process. Also, you should probably send more evidence then pictures to prove bona fide & ongoing marital "union" if you can. Now is your chance to prove a genuine relationship. Looks good otherwise, good luck!
trojam227FemaleEngland2012-05-16 22:05:00
IR-1 / CR-1 Spouse Visa Process & Proceduresproof of bonafide relationship

plane tickets its not prove.any one can buy a ticket and not use it.
the email chats are okay.but they really care to see pictures than any thing else.
the weeding pictures are very important.
your passport stamp when you entered the foreigner country its prove also.


Boarding passes are proof that you boarded the plane, and returned home. They certainly are very good proof of genuine relationship. A few pictures to go along with the boarding passes are even better!
trojam227FemaleEngland2012-05-21 22:24:00
IR-1 / CR-1 Spouse Visa Process & Proceduresproof of bonafide relationship
Anything you can gather is helpful. I would definitely send all the boarding passes & as many chats/phone bills/skypes you feel like printing. I honestly think that a couple of candid pics together showing closeness can be better than an entire wedding album or something like that.

Put yourself in the IO's shoes...what's looks more genuine, a couple holding hands, a kiss on the cheek, hugging, or 2 people dressed up in front of an alter of some kind?

They may not ask to see any of it, but it's always better to be prepared if they do. Some embassies/consulates are tougher than others on bona-fide proof. I like to suggest to people that it's not just the events leading up to the big wedding day, it's also showing ongoing relationship (albeit long-distance) since the wedding is important.

You have a lot of years together...I don't think you will have a problem.
trojam227FemaleEngland2012-05-21 22:20:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSubmitting Originals?

So sending in a certified copy for birth certificate, marriage certificate and passport etc is acceptable as long as we take the originals with us to the interview?


You can either send the Original or a Certified Copy (and a photocopy of each) to the NVC. You will get the originals back and they will keep the photocopies.

By certified copy, that basically means ordering a new copy from the bureau of vital statistics in the applicant's country. It bears the stamp/seal normally. If you are worried about sending originals then this is the way to go. You don't have to bring originals to interview, but can if you want.

Passport is strictly photocopy to NVC...bring the actual passport to interview. Don't leave home without it!

Edited by trojam227, 20 May 2012 - 07:33 PM.

trojam227FemaleEngland2012-05-20 19:32:00
IR-1 / CR-1 Spouse Visa Process & Proceduresi-864
You're welcome...if you can't manage to do any of this, than a letter written by your mom stating that you & your husband will reside with her for as long as it takes for you get on your feet...something to that effect. Have her notarize it. Might be as good as a tenancy agreement. Good luck!
trojam227FemaleEngland2012-05-23 07:35:00
IR-1 / CR-1 Spouse Visa Process & Proceduresi-864
I understood but you didn't say how long you have been living in Canada so was trying to cover all scenarios.

OK, so in your case you will have to show proof that you reestablished domicile before your husband's POE.

-Start having mail sent to your mom's house (your new permanent residence).
-Have a utility bill put in your name at that address.
-Come over and open a bank account if don't have one here yet.
-Apply for credit with your new address.
-File 2012 taxes (and previous 2 years) even if you weren't required to.
-Renew your US driver's license while you are here opening a bank acct.
-Register to vote at the DMV
-And start looking for jobs (that's where the job acceptance letter would help)

All suggestions...I'm sure others can give more ideas. And save any/all of the proof you did these things.
trojam227FemaleEngland2012-05-22 20:55:00
IR-1 / CR-1 Spouse Visa Process & Proceduresi-864
You would have to show proof that you were residing abroad temporarily, or intend to reestablish your domicile in the US before date of entry with your husband. Signing a lease or a job acceptance letter are examples of proof.

Filing state taxes each year, maintaining bank accounts, owning property, or having a permanent mailing address are some examples of proof that you were only living abroad temporarily.

You will most likely need a joint sponsor for the income side of it, unless you have enough income now, that will continue after returning to the US (unlikely). OR you are a millionaire and have tons of cash & investments that it's coming out your ears!! (even more unlikely). LOL..a bit of an exaggeration, but you would need a GOOD amount of money in the bank to show you could support yourself & husband for atleast a year if not more I would think.
trojam227FemaleEngland2012-05-21 21:39:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPolice Certificate ready
I wouldn't delay sending it in...mail it tmro with another barcoded cover sheet (from the IV email)and attach a "sticky note" asking to please add it to your IV package already sent last week.

They could have it in front of them before you even get the RFE.

Don't forget to include a Photocopy of it also (and keep a copy for your records).

Do call the NVC every day after you get delivery confirmation to make sure it was added to your file (and say a few prayers it doesn't get misplaced).
trojam227FemaleEngland2012-05-22 20:29:00
IR-1 / CR-1 Spouse Visa Process & Proceduressworn affidavits

The words "sworn" and "affirmed" mean under oath or notarized in the legal sense.


I understand what you are saying in normal legalese, but in US Immigration the rules seem to vary. For example, the I-601 waiver is submitted with numerous Affidavits & supporting documents...none which need to be notarized according to immigration lawyers.

Anyway, if we had a USCIS officer to comment on this it would be helpful because the customer service reps aren't giving out correct info if what you are saying is in fact required for this form.
trojam227FemaleEngland2012-05-23 14:14:00
IR-1 / CR-1 Spouse Visa Process & Proceduressworn affidavits

If one insists on using affidavits as evidence, then they should be notarized. Otherwise, they carry no meaning whatsoever. You could forge your own affidavit with anybody's name. Some common sense goes a long ways here.

The I-864 is signed under penalty of perjury by a US Citizen or LPR actually living in the USA and subject to US prosecution for perjury. The notarization block was removed when the "perjury" phrase was added. Different animal entirely.


That makes more sense to me now. And I did think to myself that anyone could write an affidavit and sign it, but endorsement by a solicitor isn't cheap in the UK and felt it was asking a bit much. The adjudicating officer could have dismissed my letters for not being notarized, one will never know.

Like you said pushbrk, the UK is a low marriage fraud country so it was probably not much help in our case to include them anyway but didn't have much evidence otherwise. I figured if they questioned the genuity they had name & address to contact the person if they had doubts or would issue a RFE if what I sent wasn't sufficient. Didn't get an RFE for I-130 so that was a plus.
trojam227FemaleEngland2012-05-23 10:59:00
IR-1 / CR-1 Spouse Visa Process & Proceduressworn affidavits
See, this is where USCIS wording gets confusing. If all affidavits have to be notarized to be legal, then why doesn't the Affidavit of Support have to be notarized? I personally took the instructions word for word and unless something specifically said Must Be notarized, or Does Not need to be notarized...that is what I followed.

I called USCIS to inquire about this and this was the response from the operator, "if the instructions don't say they have to be notarized, then they don't". Do I put full trust in what she says, NO not necessarily.

It can't hurt to notarize/endorse a letter, so have your friend/relative do it, if you feel that it will bear more weight. Is it absolutely, positively required? I don't think so..
trojam227FemaleEngland2012-05-23 10:21:00
IR-1 / CR-1 Spouse Visa Process & Proceduressworn affidavits

The instruction sheet for form I-130 specifically states that "affidavits sworn to or affirmed by a third party". I'm sure you can turn in an affidavit that is not sworn, but I doubt it would be as meaningful as one that is.


I interpreted "third party" to mean someone other than the couple themselves. Husband=1, Wife=2, Relative=3rd Party.

My affidavits were Affirmed by 3rd parties...I don't like to Swear.
trojam227FemaleEngland2012-05-23 09:10:00
IR-1 / CR-1 Spouse Visa Process & Proceduressworn affidavits

I will start my process Friday for my husband. I would like to know if the sworn affidavits means notarize them.


Affidavits do not have to be notarized. Your family/friends can do that if they want, but not a requirement. The instructions do say what information needs to be included in the affidavits though.

Here is one of the affidavits I sent:

USCIS
PO BOX 804625
Chicago, IL 60680

Date
Name
Address

Dear Sir/Madame,

My name is "Slim E. Shady". I live at 154 Trailer Park Way, London, England ABC123. I was born at St. Luke's Hospital in London on the 31st of April, 1902 and I am an English Citizen. I have resided in London all my life. I am writing you today to affirm that I was Best Man at the wedding of Mr."West Ham United" to Mrs. "New York Yankee" and was also a sworn witness to the marriage on the 3rd of September, 2010 at Artington House, Guildford, Surrey UK.

I have known West Ham United for seven years now, as he is my fiance's brother. I first met Mrs. Yankee in February 2008, when I accompanied Mr. United to Heathrow Airport to pick up Mrs. Yankee. Since then I have spent a lot of time with both of them whenever Mrs. Yankee comes to visit. They are a great couple. When Mrs. Yankee visits, she stays with Mr. United at his home on 79 Trailer Park Way, London, England which is just down the road from me.

Sincerely,

Slim E. Shady
trojam227FemaleEngland2012-05-23 08:39:00
IR-1 / CR-1 Spouse Visa Process & Procedurescase was transferred to local USCIS office
He most likely has a 9B, 10 year ban. The good thing is that this ban is immediately eligible for a waiver (unlike the 9c where the intending immigrant has to wait outside the US for 10yrs before the waiver can be filed). I suggest you start looking into 212 & I601 waivers and what is involved. Then consult with an immigration attorney to discuss the details of your case to make sure there aren't any other aggrevating factors.

Go to this website and read all about EWI and the consequences. There are many people going through CDJ with very similar cases to yours. Read,read,read...best of luck.

immigrate2us.net
trojam227FemaleEngland2012-05-24 00:53:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNeed help understanding RFE document
Dad is right, he only needs to send copies of 3 most recent returns with all schedules, W2's, and 1099's attached (that he has at home).

Only the checked boxes are what they are asking for. They would have checked additional boxes if they wanted IRS certified/directly sent returns. Photocopies or computer print-outs of the returns are acceptable in his case.

Attach a copy of the RFE on top & make sure case# & Names are on all other things asked for.
trojam227FemaleEngland2012-05-24 18:38:00
IR-1 / CR-1 Spouse Visa Process & Procedureshelp..what to do with our situation?
I am sorry to say this without sounding abrupt, but your husband's priorities are with you and his daughter! I am sorry his mother is ill but he will have to find someone else to take care of her and start worrying about how he is going to reunite with his own family, whether that is in the Philippines or in the US. Where is his head??
trojam227FemaleEngland2012-05-21 10:11:00
IR-1 / CR-1 Spouse Visa Process & ProceduresOne yr tax return (2011) vs 3 yr tax returns to NVC

Thanks Saylin. My question basically was if NVC send RFE if only 1 year tax return is submitted rather than 3 yrs. I understand the requirements and instructions of I-864.

2nd question:

Do the tax return copies required for affidavit of support have to have signatures. Ifiled taxes through an accountant. He sent the originals with me and spouse's signatures to IRS and printed me a copy from the computer that does n't have our signatures. It has a COPY stamp on it.
Do I need to send tax return again to my spouse in India to get her signature because we didn't keep a copy of tax return with her signature.
or it is ok to send NVC the 1040 with our signatures...???

thanks.


I only sent most recent tax return, checked top box for #25 & just reported figures for prior years.

No RFE for AOS...all went ok with that.

Sending additional years are optional as Saylin said. What is most important is that you meet Fed Pov Level with current income.
trojam227FemaleEngland2012-05-27 17:49:00
IR-1 / CR-1 Spouse Visa Process & ProceduresRFE is confusing please help

Hello all,

I received a I-797 notice of action on Saturday the 26th.

It states:

Upon review of the petition and supporting documentation, it has been determined that additional evidence
regarding the birth of (omitted for privacy) be submitted. The translation of the birth certificate of (omitted for privacy)
submitted by the petitioner does not show when his birth was registered. As such, the petitioner is required to submit secondary
evidence to establish the claimed biological relationship. Examples of secondary evidence may include, but not limited to the following.

I'm confused because, the birth certificate I submitted indicates the date of the birth and the date the copy was certified.
The only discrepancy I found on the translation was the word "Twelfth" indicating the childs birthday was misspelled.

Would this be a reason to RFE? Or is there something I'm missing here?

I'm prepared to submit secondary evidence. ie. passport w/translation. However, if the translation I discvovered with the discrepancy is the
actually the problem, I prefer to submit an updated copy.

Any help/advise is appreciated

Sean


Date of Entry/Date Filed, is different than Date Certified. Maybe it was missed in translation? I just had a look at my US b/c, my kids US b/c, & my husband's UK b/c and all have a date of entry/filed. Date certified is simply when the copy/original was produced.
trojam227FemaleEngland2012-05-28 08:47:00
IR-1 / CR-1 Spouse Visa Process & ProceduresFor people sending Tax returns not transcripts
I printed off a copy, signed & photocopied. If your accountant e-filed for you then you should have proof of that somewhere...something saying "the irs has accepted your return blah, blah, blah". He would have e-signed using a pin# & agi from last year, not an actual ink signature.
trojam227FemaleEngland2012-05-28 01:13:00
IR-1 / CR-1 Spouse Visa Process & ProceduresInadmissibility back in 2008
You are so very welcome. Best wishes!
trojam227FemaleEngland2012-05-30 13:19:00