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oakvalley

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Me and my husband have known each other for almost 3 years now. Married for 9 months, expecting a baby next month.

We have no problems in proving our relationship/marriage is real. We have plenty of evidence but the baby being the strongest one (I think).

Anyhow. We got married in the US and I overstayed.... Not to 180 days but almost (so I do not have a time bar triggered against me-luckily, only positive thing I guess).

Anyway to the issue where I am hoping to get some help from someone that knows what they are talking about.

My husband hasn't been able to pay his taxes (15% as his employer is fooling the government saying he is a subcontrator when he is in reality an employee and my husband refuses to press charges against him for this to IRS). And he has supported me all along where all his money goes...

He earns just or almost enough not to need a sponsor (but I doubt they will see it because last year he started working in may so he only got up to almost $21000 and this year he will be out of work for about three months because of our baby coming soon) And he still owes taxes.

Our question is:

* Can we apply for a CR1 when he has a payment plan settled with a sponsor? (He will be going to H&R Block in a few days to try to organize a payment plan to pay it off) Or does he have to have paid the taxes entirely (plus penalty I am imagining....)? Or does it not matter if he has paid it if we have a sponsor? Or is a payment plan enough (and that he pays according to it of course as well)?

* Also he currently lives with his family as I am costing him too much money, will they also need to send in their financial documents with the application? Like one of the persons in his house hasnt paid taxes for years and doubtful his sister would even share her information as she hates my guts of some reason...

He might be able to put his name on another address I guess? The sponsor (he hasnt agreed yet to be a sponsor but we are working on it) doesnt live on the same address.

* Can a sponsor be someone who earns enough money but hasnt paid taxes? One person in his household is paying off his taxes according to a payment plan but still owes taxes. Thinking if this could be an option.

* We were also wondering if there are any chances at all to be let in legally in the US with my overstay (again it is less than 180 days but I have understood I cannot use VWP, ESTA again)? I was thinking to try to enter by land filling in I94 but how likely would we be denied entry at POE?

* Also does it help to send in a copy of my degree to show I can easily get work in the US? I have a bachelors.

Do we have any advantages at all having a child together? LIke will they process our application faster or not be so harsh on our case regarding the financials?

Please no bashing, I am already stressed out about our situation as it is and can't believe I was so stupid to leave in the first place. Just trying to sort our mess out. And unfortunately he will be out of work for a few months as he is coming here to help before the birth of the baby and to spend some time with the baby before going back.

And please help. We are desperate. We thought we could move to my country but my country has enforced strong laws to try to make people not move here due to immigration issues with refugees...

Edited by oakvalley
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I can answer just one of your questions with certainty. Having a child shows that 2 people had sex and not that a marriage was entered into in good faith or that someone will not become a public charge. A child is in no way an advantage and will never cause them to overlook an application will little to no evidence. A child is not a substitute for a bonafide sponsor nor does it hasten the processing of any cases. So we can all dismiss the notion that having a baby scores "sympathy" points with USCIS. Good luck! :)

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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I can answer just one of your questions with certainty. Having a child shows that 2 people had sex and not that a marriage was entered into in good faith or that someone will not become a public charge. A child is in no way an advantage and will never cause them to overlook an application will little to no evidence. A child is not a substitute for a bonafide sponsor nor does it hasten the processing of any cases. So we can all dismiss the notion that having a baby scores "sympathy" points with USCIS. Good luck! :)

I'm sorry you took it the wrong way... Obviously our child is not our only proof to a bonafide marriage.... Would be stupid to assume that's all it takes considering all those scammers that have made the visa process this complicated.

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I did not take it the wrong way. I considered only the info you gave and answered the question you asked. No judgement. No interpretation. Again, a baby is no advantage and does not speed up the processing or give you leniency.

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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I did not take it the wrong way. I considered only the info you gave and answered the question you asked. No judgement. No interpretation. Again, a baby is no advantage and does not speed up the processing or give you leniency.

I dont believe you are right about the baby not being able to be part of a proof of bonafide marriage.... But I think you might be very right about the rest.

I am lucky to be from a low visa fraud country which i read helps a lot.

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Filed: K-1 Visa Country: Wales
Timeline

Which country are you from?

I agree that the baby is sort of irrelevant, might be a US Citizen through the Father.

As the process takes so long he has plenty of time to sort out his job and taxes so he an sponsor you.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I dont believe you are right about the baby not being able to be part of a proof of bonafide marriage...

That is not what I said. A baby is not proof that a marriage was entered into in good faith. :)

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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Which country are you from?

I agree that the baby is sort of irrelevant, might be a US Citizen through the Father.

As the process takes so long he has plenty of time to sort out his job and taxes so he an sponsor you.

Can you please explain further (with last sentence, as I thought you send in the affidavit of support right away, or do you mean a payment plan is sufficient)? I read the process now only takes 6-8 months if all complete with application. I am from Sweden.

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Filed: K-1 Visa Country: Wales
Timeline

Nearer a year, Affidavit is something for the interview.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Nearer a year, Affidavit is something for the interview.

Do you know if it's enough if my husband has a payment plan to pay taxes off or does all taxes have to be paid of at the time of the interview? WIth or without sponsor?

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Filed: IR-1/CR-1 Visa Country: Jamaica
Timeline

His family will not have to send in financial documents unless they are cosponsoring or they have claimed each other on taxes.

Assuming you aren't doing direct consular filing the initial approval from USCIS takes about 5 months so by the time you are ready for financials at nvc stage he'll probably need his 2016 transcripts and it's the amount he earns on that, that will count. I can't answer about whether he has to pay off his taxes or not.

Copy of your degree won't help.

Baby is as good an evidence as any if you also show involvement in the child's life( e.g. pictures etc) but won't speed up processing.

Cateogory: CR1

  • NOA1/Notice of receipt: Sept. 15, 2015
  • NOA2/I130 Approved: February 8, 2016 (NO RFE) :)
  • Process slowed down by us
  • Sent documents to NVC: April 11, 2016
  • Scan date: April 14/ May 7th (NVC said both I dont know why)
  • Case Complete: May 31, 2016 (No checklist) :dancing:

August 17, 2016: Visa Approved!!!! :dancing:

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Filed: IR-1/CR-1 Visa Country: Ghana
Timeline

Your husband will have to be your "main" sponsor even if he doesn't make enough. he will need his most recent tax transcript for AOS package whether you guys get a joint sponsor or not.

He should deal with his tax situation and attach a copy of the payment plan.

But i recommend a joint sponsor...

When you get through this, you guys need do your due diligence and pay your taxes because this will come back to bit y'all sooner or later but definitely, at your naturalization, it will pop up.

(L)(L)(L)(L)(L)(L)(L)

CR- 1

Interview :  11/15/2016

Result: AP  (form 221 (g))

Correspondence with Embassy: Tons of emails, Facebook posts, tweets, Congressman inquiry

Complaint letter with OIG : 12/29/2016

Case dispatched to diplomatic pouch : 01/11/2017

Case dispatched from diplomatic mail service to NVC : 01/23/2017

Case arrived at NVC: 01/26/2017

NVC sent case to USCIS : 02/09/2017 (system update)

Case receive by USCIS (text & email notification): 03/07/2017

 

Reaffirm Petition Timeline for folks in GHANA.. Please update your information..Thank you!

https://docs.google.com/spreadsheets/d/1k0NXnbJdyEIRR1_Dr4t3yXmsM0tBbq-tZsj0-o3cMV0/edit?usp=sharing

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Filed: Citizen (pnd) Country: Pakistan
Timeline

Me and my husband have known each other for almost 3 years now. Married for 9 months, expecting a baby next month.

We have no problems in proving our relationship/marriage is real. We have plenty of evidence but the baby being the strongest one (I think).

Anyhow. We got married in the US and I overstayed.... Not to 180 days but almost (so I do not have a time bar triggered against me-luckily, only positive thing I guess).

Anyway to the issue where I am hoping to get some help from someone that knows what they are talking about.

My husband hasn't been able to pay his taxes (15% as his employer is fooling the government saying he is a subcontrator when he is in reality an employee and my husband refuses to press charges against him for this to IRS). And he has supported me all along where all his money goes...

He earns just or almost enough not to need a sponsor (but I doubt they will see it because last year he started working in may so he only got up to almost $21000 and this year he will be out of work for about three months because of our baby coming soon) And he still owes taxes.

Our question is:

* Can we apply for a CR1 when he has a payment plan settled with a sponsor? (He will be going to H&R Block in a few days to try to organize a payment plan to pay it off) Or does he have to have paid the taxes entirely (plus penalty I am imagining....)? Or does it not matter if he has paid it if we have a sponsor? Or is a payment plan enough (and that he pays according to it of course as well)? I am not sure about this, I thought you had to be square with the IRS, but I could be incorrect

* Also he currently lives with his family as I am costing him too much money, will they also need to send in their financial documents with the application? No it is not compulsory for his family (or anyone for that matter) to send in financial documents with the petition. The financial portion happens after your petition is approved by USCIS and in the hands of the NCV. At that time if your husband does not make sufficient income, you will need a cosponsor. Like one of the persons in his house hasnt paid taxes for years and doubtful his sister would even share her information as she hates my guts of some reason...

He might be able to put his name on another address I guess? The sponsor (he hasnt agreed yet to be a sponsor but we are working on it) doesnt live on the same address.

* Can a sponsor be someone who earns enough money but hasnt paid taxes? One person in his household is paying off his taxes according to a payment plan but still owes taxes. Thinking if this could be an option.

* We were also wondering if there are any chances at all to be let in legally in the US with my overstay (again it is less than 180 days but I have understood I cannot use VWP, ESTA again)? I was thinking to try to enter by land filling in I94 but how likely would we be denied entry at POE? You could apply for a B2 visit visa, but highly unlikely you will be approved.

* Also does it help to send in a copy of my degree to show I can easily get work in the US? I have a bachelors. Not even a little, no need to provide it

Do we have any advantages at all having a child together? LIke will they process our application faster or not be so harsh on our case regarding the financials? No your application will not be any easier, and actually it will make the financials more difficult as your household size will increase to 3 after the baby is born.

Please no bashing, I am already stressed out about our situation as it is and can't believe I was so stupid to leave in the first place. Just trying to sort our mess out. And unfortunately he will be out of work for a few months as he is coming here to help before the birth of the baby and to spend some time with the baby before going back. That is great that he is coming to help, and it might be what is best for your family; however, for immigration purposes it will certainly not help since he would not be generating income during that time.

And please help. We are desperate. We thought we could move to my country but my country has enforced strong laws to try to make people not move here due to immigration issues with refugees...

Spoiler

 

Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

NVC AoS Invoice via Mail June 24, 2015

NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

NVC DS 260 Completed July 8, 2015

NVC CC July 30, 2015 (24 days after scan date, about 2 months post NOA2)

Interview Scheduled on August 26, 2015

Interview P4 Email Received August 27, 2015

Medical in Islamabad September 2, 2015

Interview Date September 22, 2015 CANCELLED (Embassy is Over scheduled) :cry: :cry: :cry: :cry: :cry:

Interview Scheduled on September 10, 2015

Interview Date October 14, 2015 APPROVED

Visa Issued October 16, 2015, 9 months start to finish

POE JFK October 26, 2015

GC in Hand Jan 8, 2016

RoC I-751 NOA1 August 31, 2017 (Vermont Service Center)

Biometrics October 2, 2017

I551 Stamp in Passport August 2, 2018

18 Month Extension Letter August 3, 2018

Applied for Naturalization N-400 Online July 30, 2018

Biometrics August 23, 2018

10 year GC is in production September 17, 2018

 

 
 
 
 
 
 
 
 
 
 
 
 
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Your husband will have to be your "main" sponsor even if he doesn't make enough. he will need his most recent tax transcript for AOS package whether you guys get a joint sponsor or not.

He should deal with his tax situation and attach a copy of the payment plan.

But i recommend a joint sponsor...

When you get through this, you guys need do your due diligence and pay your taxes because this will come back to bit y'all sooner or later but definitely, at your naturalization, it will pop up.

Do you mean he has to paid off all taxes by the time of my interview at the embassy? Or is it sufficient if he just follow the payment plan?

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Filed: IR-1/CR-1 Visa Country: Ghana
Timeline

I think making the effort to pay it off should help in your favor.

But everything is at the discretion of the CO.

(L)(L)(L)(L)(L)(L)(L)

CR- 1

Interview :  11/15/2016

Result: AP  (form 221 (g))

Correspondence with Embassy: Tons of emails, Facebook posts, tweets, Congressman inquiry

Complaint letter with OIG : 12/29/2016

Case dispatched to diplomatic pouch : 01/11/2017

Case dispatched from diplomatic mail service to NVC : 01/23/2017

Case arrived at NVC: 01/26/2017

NVC sent case to USCIS : 02/09/2017 (system update)

Case receive by USCIS (text & email notification): 03/07/2017

 

Reaffirm Petition Timeline for folks in GHANA.. Please update your information..Thank you!

https://docs.google.com/spreadsheets/d/1k0NXnbJdyEIRR1_Dr4t3yXmsM0tBbq-tZsj0-o3cMV0/edit?usp=sharing

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