biggish data

You are so very welcome. Best wishes!

trojam227

Female

England

2012-05-30 13:19:00

Oh Sure I will share ...but tell me U just made me concerned. If that was not inadmissibility but Documentation grounds of Exclusion whats that. never heard of that before. What exactly happened to me there

No, don't get worried. It is a far better situation to be in compared to inadmissibility.
People who are traveling with a passport soon to expire can get the same exclusion you did.

Inadmissibility=absolutely not allowed in unless a waiver is granted (unless the inadmissibility is temporary such as with a 3yr/10yr ban etc.).

Exclusion=not allowed in because of insufficient documentation at that given time (in simplest terms). A 212 waiver can be filed for exclusion if someone can prove that they have a valid reason for needing entry. Used a lot by student/employment visa holders. You could have applied for another Visitor's visa showing more documentation of ties to your home country, but they would have probably denied it anyway because of the overstay and husband residing in the US.

You are eligible for an immigrant visa because of your relationship to your husband and have taken a totally different path since you were turned around at POE by applying for the CR1.

trojam227

Female

England

2012-05-30 12:11:00

I also wanted to point out that the §212(a)(7)(A)(i) piece of paper you were given is not an inadmissibility. You were denied entry based on Documentation Grounds of Exclusion..entirely different. By applying for a CR1 you are now asking for entry in the proper visa category for your situation and have provided them with proof of your eligibility.

Good job on taking the right route.

trojam227

Female

England

2012-05-30 10:55:00

Trojam i appreciate your answer very much. Sometimes its good to feel reassured. Yes, there was no misrepresentation on my part and yes, I did state it all in my DS-230 up front. This will prove I am not hiding anything and I am fully aware of what happen and is willing to share it. I did not do anything wrong and have no intentions of doing anything wrong.

Honesty is always the best policy, especially with immigration. One thing to keep in mind is that the IO will have access to the statement you gave to the border control officer when you were denied entry, so try to remember exactly what you said to them and keep your answers consistent. Only answer what they ask and keep your answers direct.

You'll do fine. Make sure to share your experience with us!

trojam227

Female

England

2012-05-30 10:35:00

You wouldn't have a ban if the overstay was under 180 days. The reasons they probably let you enter in 2009 & 2010 was because you didn't have ties to the US. In 2011 you were married to a USC and therefore a high risk for overstaying again. My understanding anyway, based on what an attorney once explained to me.

I wouldn't think you will have any problems unless you witheld information on any forms. Be upfront about it at your interview...it's forgivable if you have been honest, and it sounds like you have.

No waiver required in your case, unless there was mis-rep involved anywhere. You did the right thing on the DS-230.

trojam227

Female

England

2012-05-30 08:43:00

Interview Preparation Question

NVC is basically saying they are done processing your case and if you have any further questions on what to do from here on out to contact the embassy directly. (ie: medical, change appt date, etc.)

Our checklist had the same "C"

trojam227

Female

England

2012-05-31 06:28:00

packet 3 and 4

Oh, and forgot to mention you MUST print off the barcoded cover sheet that was attached to the email with subject line "STD AIVF"...(something like that) and place it on top of all other civil documents when you mail the pkg.

trojam227

Female

England

2012-05-30 09:27:00

packet 3 and 4

If you already paid the IV bill and the status is showing "PAID" then you print off the receipt and submit it along with all the other documents for the IV package. This should be the last step for you and will get "Case Complete" once they accept it (unless you get an RFE for anything).

trojam227

Female

England

2012-05-30 09:09:00

Is our foreign marriage considered "legal" and "official" here in the USA?

I wonder cos I have been filing as head of household cos my husband does not have a social security card and has never been here. I was told that i can't file him as a dependent of mine cos he did not live with me during the year. You lost a lot of money by filing "married filing separate. I hope this will not be a problem when he goes for his interview, cos all my w-2 forms have my maiden name.

It's OK to file as Head of Household if you have dependents, have paid more than half the cost of keeping up your main home during the year, and your spouse has not lived with you for more than 6 mos out of the year.

A Spouse is never considered a dependent of yours whether a resident or non-resident, but by filing jointly you are taxed at the lowest rate with more of a tax break.

trojam227

Female

England

2012-05-26 16:57:00

Is our foreign marriage considered "legal" and "official" here in the USA?

For IRS purposes all they care is that you provide a SOCIAL SECURITY NUMBER for your wife which you obviously don't have yet. Your foreign marriage is valid in the US of course but for US Tax purposes filing as "Married but separately" is correct.

And for everyone else advising about taxes get your facts straight before you start posting non-sense that you don't even have a clue about. i.e. You can start by reading the Internal Revenue Code

That's not entirely true. You can apply for an ITIN# for a resident/non-resident alien
spouse/dependent with the IRS in order to file a tax return...you don't need a SS# to file a tax return.
Married filing Jointly, Married Filing Seperately, and Head of Household (in some cases) are all appropriate filing status' with our overseas spouses.

trojam227

Female

England

2012-05-26 16:26:00

Is our foreign marriage considered "legal" and "official" here in the USA?

I just want to comment on the W4 in general..

You can fill it out however you want. It's what you actually claim on tax return at the end of the year that matters. The W4 is just to figure out witholdings from your wages, but it's ultimately up to you to decide how much you want employer to withold.

I always claim Single-0 having the Max. witheld (but I am married with 3 dependents in reality). I don't like to owe the IRS..or NY for that matter.

trojam227

Female

England

2012-05-25 21:08:00

Long form birth certificate for American petitioner

Actually newer US birth certificates do have SS#'s on them..mine does not, but I just looked at my children's and their's do! (the original ones, not the certified copies) So it must be a more recent addition.

Edited by trojam227, 31 May 2012 - 07:48 AM.

trojam227

Female

England

2012-05-31 07:44:00

Long form birth certificate for American petitioner

If you are the petitioner, what you sent with I130 was accepted. The long form B/C for the Applicant/beneficiary is what you will be sending to NVC (but not with the AOS, with the IV pkg) You do not need to send your birth cert. US birth certificates don't have SS#'s on them, so I doubt overseas ones would!

If you are using a Joint Sponsor, then they would include proof of Citizenship/LPR via a photocopy of their B/C, passport, or green card with the I864 that they put together.

You as the petitioner do not need to include proof of citizenship with the AOS (you already did that with the petition). You probably have to provide proof of domicile in the US if you are currently living abroad though.

trojam227

Female

England

2012-05-31 07:19:00

Retract I-130 to resubmit it from abroad?

It sounds like your lawyer knew what he was doing. He was thinking down the road a few months when the affidavit of support has to be submitted and US domicile is a requirement. What good is auto-expediting a case that might be insufficiently supported later on? I think waiting it out seperately is the best thing in your case (although the hardest).

trojam227

Female

England

2012-06-01 08:14:00

It seems you just like to correct people rather than help people by sharing this broader knowledge you possess. Try having a little more compassion too. Nobody is completely lacking in the common sense dept. here otherwise they wouldn't even attempt this process without a lawyer. You can give constructive criticism in a slightly less attacking way. I believe you know your stuff, but in a forum of mixed nationalities maybe you could calm down the dictatorship attitude as if you rule this place.

trojam227

Female

England

2012-06-02 16:43:00

I didn't misinterpret anything. The I 864 is the primary form used by all sponsors. The instructions are clearly guiding the Petitioning sponsor on what to do (ie: if you do not have adequate income/assets to meet the guideline, this is what you can do...household member, joint sponsor etc. etc.) Nowhere does it gives specific instructions for joint sponsor (ie: combine income with other household members via the I864a etc.)

The I864a instructions do not show a distinction. But the instructions under "What is This Form?" state that I-864A MAY ONLY BE USED when a sponsor's income and assets do not meet the income requirements of form I-864 AND the qualifying household member chooses to combine his/her resources.....)

There is no "use this form to combine income with household members even if you meet the guidelines".

Explain that one....

trojam227

Female

England

2012-06-02 15:46:00

Oh Don't be Condescending with me please. I am not trying to get ready for anything. I am simply trying to offer help based on my own personally aquired knowledge relevant to my case, that may assist others. Beyond that, it is their job to determine what is relevant to theirs.

trojam227

Female

England

2012-06-02 07:31:00

Well I'll leave that up to BrianVan and anyone else here when they read the instructions for the I864a...carefully. It's not brain surgery and you aren't making yourself look anymore important as a member by ripping people's heads off. You will be the reason many people will not return to this site to share Real personal experiences...up-to-date ones.

I will continue trying to help people wherever I can...If I was claiming to be an attorney or USCIS personnel and making an occasional error, then you can tell me when I should or shouldn't comment in a Members forum. Last I checked this wasn't a place to get legal advice.

trojam227

Female

England

2012-06-01 17:36:00

The 864A is used to combine income with a sponsor's (there is no distinction as far as primary or joint) qualifying household member.

FWIW: look at the 864A instruction section titled: What is a sponsor?"

There is no distinction for the I864a!...I stand corrected.

One thing BrianVan should know though is that the I864a may only be used if sponsor cannot meet guideline on his own. Assuming "sponsor" means either Petitioning or Joint, dad doesn't need mom's income to meet the requirements so therefore shouldn't use the I864a. They obviously don't want extra paperwork if not necessary.

Sorry BrianVan, didn't mean to misguide you on that part.

trojam227

Female

England

2012-05-31 07:34:00

But nowhere in the instructions does it say that Joint Sponsor can combine income with other household members in order to qualify, either. The instructions speak to the primary sponsor. Even if it is allowed, as others have said over & over, it is best to find a joint sponsor who can qualify on his/her own.

If dad makes $50,000. then he doesn't need mom to qualify anyway.

trojam227

Female

England

2012-05-30 13:15:00

You have to use the I864 (not EZ). Dad will have to fill out I864 as well. He has to be able to meet the federal poverty guideline by 125% for a household size of 4 (mom, brother, himself & intending immigrant) He cannot use mom's income to qualify. A 2nd joint sponsor can be used in cases where there are more than 1 intending immigrants on the application, so 1st joint sponsor can cover some and 2nd joint sponsor would cover the rest.

The I864a is used by household members of the primary sponsor (you). Unless you all live together it doesn't come into play in your case.

trojam227

Female

England

2012-05-30 11:48:00

DS-230

You as the petitioner Do Not need to send copy of divorce decree if you sent it with the I-130. You are correct that all civil documents asked for by NVC are for applicant/beneficiary.

The only other documents you would include are the barcoded cover sheets and the following if they apply to your wife/step son:

-Adoption Papers
-Military Records
-Divorce Decree from wife's previous marriage(s)
-Court Records (if she has any arrest history)

trojam227

Female

England

2012-06-03 05:59:00

Okay, so I called USCIS and spoke to Brittany. This was her response:

Indicate his Mailing address in the Philippines on the I-130.

You must indicate his address in Saudi Arabia first (for G-325A). As far as putting "working abroad" she said that's up to you.
I would do it.

List his permanent mailing address in the Philippines second.

Exactly as we thought...now send it in!

Good luck..

trojam227

Female

England

2012-05-22 19:10:00

I will find out what to do, but confirm for me that he is working abroad in Saudi for a philippines company on a work visa...is that exactly the situation?

trojam227

Female

England

2012-05-21 23:13:00

Oh right...well still put in a call and tell them you are preparing the I 130 and have questions. Someone should be able to help. I will call tmro if you want!

trojam227

Female

England

2012-05-21 22:32:00

1-800-375-5283

Have your case# ready & they will ask petitioner & applicant's DOB, email etc. If the operator isn't able to answer your question then ask for a Tier 2 supervisor.

Hurry!!! Let me know how you make out..

trojam227

Female

England

2012-05-21 09:36:00

Did you call USCIS to ask what you should do? I wouldn't delay sending the petition any longer for this...make a call!

trojam227

Female

England

2012-05-11 21:47:00

I have been trying to research this for you to get an accurate answer but it's a complicated situation that might need a call to the consulate in Manila. Assuming your husband is working for a Philippine's Employer and is in Saudi Arabia on a work visa, this is what I think you would have to do:

List his address in the Philippines in all sections of the I-130 for applicant (beneficiary)

On G-325a List his address in Saudi Arabia first (and put "working abroad") from xx/xx/xxxx to present
List his Philippine's address 2nd (and put "permanent residence") from xx/xx/xxxx to xx/xx/xxxx

I would imagine it's not much different than a US soldier being stationed in Afghanistan for 7 yrs. They might "live" there but their domicile is still in the USA. Just my logic, and I'm sure someone will correct me on this..

Either way, I would contact the embassy in the Philippines and the USCIS for a correct answer. I am curious to see what they say.

trojam227

Female

England

2012-04-24 21:29:00

DS-230 with police caution

In my opinion, don't put anything in writing. Let them ask you at the interview what happened. They will be looking for a possible CIMT...otherwise a caution doesn't make you inadmissible.

trojam227

Female

England

2012-06-09 16:45:00

DS-230 with police caution

Generally, the NVC just collects the documents and checks for completeness. They will forward your entire file to the embassy once your interview is scheduled. If you are interviewing in london, I wouldn't worry too much about the IO not knowing what a caution is, as they are very familiar with UK police certs. My husband had a caution (also a few convictions) and we had to get MOC's from the court...the caution showed on the MOC even though it wasn't an arrest, so see if the magistrates court in the town you were cautioned has any record of it. The NVC sent us an RFE for not sending the court records..not sure how they will deal with just 1 caution, but better safe than sorry.

trojam227

Female

England

2012-06-08 20:23:00

I-130 with G-325A

I put I-130/CR1 next to other. I guess either is appropriate but I wanted to be specific.

trojam227

Female

England

2012-06-10 20:15:00

Child Support and family size on affidavit of support

anh map,

Thank you for your reply.

Ok so, I am the sponsor and I included our daughter, my only dependent, but do I include his three minor children who will not immigrate at this time?

No, you do not include his children unless they were immigrating with him. A sponsor would have to include children of the divorce even if they don't have physical custody. Since you are the sponsor, you only include your dependents & the sponsored immigrant in household size.

trojam227

Female

England

2012-06-19 19:17:00

Sent in the petition!

Now, it's time to play the waiting game! The next step will be submitting your husband's civil documents, more fees, and your financials for Affidavit of Support. You can start researching what is needed here:

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

click on all the highlighted areas on each page to see what is required for all steps.

There are also NVC shortcuts posted on Vj for tips on how to speed things up a little.

Good Luck!

trojam227

Female

England

2012-06-19 19:33:00

Instruction Packet

Not sure what you mean as far as instruction packet but there are several different things that happen at NVC once your case is forwarded there. Instructions will be in each email telling you what fees, forms, docs to submit. Study this link and also the Vj NVC shortcuts.

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

trojam227

Female

England

2012-06-19 20:06:00

INSTRUCTION PACKET FROM NVC

THANK YOU EVERYONE 4 UR REPLIES BUT I AM STILL SO CONFUSED....WHAT IS THE IV PACKAGE? AND YES I HAVE ALREADY SENT IN MY VISA FEE ND IT SHOWS AS BEING "PAID" SO WHAT DO I DO NEXT? DO I WAIT FOR NVC TO CONTACT ME OR SHOULD I CALL THEM?

The IV packet is the DS-230 (filled out entirely but only sign part 1), applicant's Original civil documents (marriage/birth/police/divorce/adoption/military Certificates), court/prison records, copy of passport bio data page, 2 identical US passport size photos, AND a photocopy of each document along with the original.

Then you print off the barcoded cover sheet from the IV email & place it on top before mailing.

Keep in mind that all documents for this packet are for the Applicant (intending immigrant) Not the Petitioner (except marriage cert which is shared by you both).

Hope this makes it a little clearer, but you should also check your specific country's embassy/consulate website for any other specifications.

trojam227

Female

England

2012-06-20 08:11:00

INSTRUCTION PACKET FROM NVC

I just responded to someone else asking the same thing. There really isn't an "instruction packet". Once your petition is approved by USCIS, your case is forwarded to NVC. You can call NVC every day to see if a case# has been assigned, and when it has, you give them both petitioner & applicant's email addresses to correspond that way. The first email should be Choice of Agent, second should be Affidavit of Support, and third should be IV packet. The final email should be Interview Appointment & Checklist. The general flow of things is, pay a fee (wait for status to show "paid")-->print the emailed, barcoded cover sheet-->mail packet, pay a fee-->print the emailed,barcoded coversheet-->mail packet. Read here:

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

trojam227

Female

England

2012-06-19 20:53:00

Received a checklist from NVC...questions about how to respond.

How did you know what figures to enter on the 1040? Did your employer give you some type of year-end statement? If so, I would include a copy of that statement along with a letter of explanation. I would probably order transcripts from IRS also. You will need to send a letter of employment or paystub/s. The NVC is robotic and certain things are required of all sponsors whether you meet guidelines or not, because primary sponsor (you) will be held responsible for public charge issues, no matter how much you make or regardless of using a joint sponsor.

trojam227

Female

England

2012-06-20 09:49:00

Ive tried this post b4 but people just cut me down and were unhelpful:(

Take a breath man. One thing at a time. Give it 2 weeks and then start calling the NVC every couple of days until they have a case# for you. Then your wife can email them Choice of Agent.

trojam227

Female

England

2012-06-24 19:04:00

many questions

Thanks! I actually got it in the mail today. They haven't requested the DS-230 or the I-864s just yet, so I will just keep working on them. Will update/ask more questions later. Thanks again guys!

Now that you have NOA1, it's unlikely you will hear anything more until you get NOA2...this is the point where you wait for months until your petition reaches the front of the line. All the other forms & docs will be requested by the NVC once your petition gets forwarded to their office. Take these next several months to have your wife start collecting her documents she will need to send in later. Read up about what vaccines might be required, research how the NVC process works because it moves much quicker at that point. And most important, enjoy spending time with your wife and don't get too stressed with the process.

trojam227

Female

England

2012-04-16 09:34:00