New Member... First Post... Feeling overwhelmed! I-130/Lawyers

[Done--Really 331]

I just read the I-864 instructions and it is silent on the question whether or not the income of a spouse who is working in the US without papers can be included as part of the family income -- please contact USCIS as soon as you can to get a definitive answer -- it may take some digging. Or if you know really experienced immigration lawyer, it would probably be worth a consult to get an answer.

Edited April 17, 2015 by AlmostDoneWhew

[mallafri76 1,012]

The ITIN is instead of a social security number. It is primarily for people in the US without papers, but is also used by some foreign investors who live outside the country.

Thanks!

[SenoraPossible 0]

Yes it is mandatory that someone is making at or above the poverty guideline for your household size which is 4. Which is $30,312. You will not be approved otherwise.

You would put None for Alien Number and File number since he doesn't have one. Remember the G-325A you fill one out and he fills one out.

Okay..... so can somebody tell me exactly what is a sponsor? (Or guide me to a thread previously posted). What exactly is a sponsor getting themselves into when they sponsor? I know a lawyer briefly explained it to me that it involves the person wanting a green card getting social security benefits which he said they wouldn't want to because it automatically will inhibit them from the green card or residency or.... something along those lines. Its irrelevant. We aren't doing anything we aren't supposed to and we won't in the future either. So supposedly a sponsor is someone who is responsible in the event that that immigrant does take out social security?

What are the risks/benefits(if any) involved? What information does the sponsor have to provide? What is expected of them? Will they need to go to any interviews?

1st What do you think all the illegals in this country are doing right now? Seating on the couch watching TV? Most illegals work and harder than many American born citizens.

Nobody is going to risk their lives coming here illegally for no reason, they come and perform jobs that pay pennies at home for hundreds or thousands of dollars here.

2nd You dnt need to be legal to pay taxes, you can't get refunds but if you are going to pay IRS is more than willing to take your money.

If you have an ITIN, as long as you aren't claiming a bajillion dependents, you can still get a tax refund. My husband is getting one.... albeit small... lol but they said we can amend once he gets his social.

[SenoraPossible 0]

oh also....
regarding these papers.... I-130, G-325A(mine and his) and then the 1601A.....
1) The I-130 and (2) G-325A's get mailed in together correct?
2) Do I need to have a sponsor before I even mail the I-130?

3) If for some crazy reason we can find a sponsor, is there another form that should get mailed in with the I-130.... or when/how do we submit their information?

4) When does the 1601A get sent in?

[dwheels76 5,458]

oh also....

regarding these papers.... I-130, G-325A(mine and his) and then the 1601A.....

1) The I-130 and (2) G-325A's get mailed in together correct?

2) Do I need to have a sponsor before I even mail the I-130?

3) If for some crazy reason we can find a sponsor, is there another form that should get mailed in with the I-130.... or when/how do we submit their information?

4) When does the 1601A get sent in?

The I-130 and G-325A is part of your petition package. The I-864 (Affidavit of support...needing a joint sponsor) comes months later when your case goes to NVC (National Visa Center).

[SenoraPossible 0]

I read a few times the information on this form as well as what's on the bottom. I believe I understand now that a sponsor is if the beneficiary becomes a public charge? Is that correct?


http://www.uscis.gov/sites/default/files/files/form/i-864.pdf

[Boiler 43,359]

He should reconsider DACA, seems a no brainer to me.

Illegal work does not count for sponsorship. Essentially it relates to means tested beneits.

Mexico processes the largest number of immigrant visas and I assume many need a waiver

DACA avoids the need for a waiver so has many advantages especially here where I think a lawyer would be needed.

[Jawaree 717]

1st What do you think all the illegals in this country are doing right now? Seating on the couch watching TV? Most illegals work and harder than many American born citizens.

Nobody is going to risk their lives coming here illegally for no reason, they come and perform jobs that pay pennies at home for hundreds or thousands of dollars here.

2nd You dnt need to be legal to pay taxes, you can't get refunds but if you are going to pay IRS is more than willing to take your money.

Ahem o there it is

[SenoraPossible 0]

Questions about our 130 packet as we really really want to submit this tomorrow!!!

It says to include A passport style photo for each... We got them taken this evening. Do I include both pics given for each person? Usually when you get a passport they want both photos but I know this is different.

I didn't see anywhere where it asks for my husband's(the immigrant) info or documents. Should I send a copy of his birth certificate, passport, matricula/Consular ID etc?

Should I enclose copies of social security cards for myself and our daughter that we have together?

Should I send a few pics of us from the time we met until present.... spending holidays together, traveling together, newspaper articles of us dancing, going out, etc to prove that we are legitimately in love?

[SenoraPossible 0]

Question..... Form I-130..... box 16:
Has your relative ever been under immigration proceedings?

Check yes or no and check a box why.
Options are for removal, exclusion/deportation, rescission, or judicial proceedings.

When my husband was crossing over without inspection, he was right on the front about to cross into USA. He wasn't arrested because he was obedient to the officer but they did send him back to Mexico.... taking his fingerprints, info, copies of birth cert, etc. Since he has been here he has never had any issues with immigration, law enforcement or anything else aside from when he attempted to cross years ago.

What do I put in this box?

[dwheels76 5,458]

Questions about our 130 packet as we really really want to submit this tomorrow!!!

It says to include A passport style photo for each... We got them taken this evening. Do I include both pics given for each person? Usually when you get a passport they want both photos but I know this is different.

I didn't see anywhere where it asks for my husband's(the immigrant) info or documents. Should I send a copy of his birth certificate, passport, matricula/Consular ID etc?

Should I enclose copies of social security cards for myself and our daughter that we have together?

Should I send a few pics of us from the time we met until present.... spending holidays together, traveling together, newspaper articles of us dancing, going out, etc to prove that we are legitimately in love?

It says to include A passport style photo for each... do I include both pics given for each person? Usually when you get a passport they want both photos but I know this is different. You go to any Walgreens or Drug store or post office that takes passport pics. You need one for each G-325A. Be sure to put full name and birthdate on back.

I didn't see anywhere where it asks for his info or documents. Should I send a copy of his birth certificate, passport, matricula etc? His documents are not needed until you go to NVC

Should I enclose copies of social security cards for myself and our daughter that we have together? No that is not necessary information. I would enclose your daughters birth certificate so they know you have a child together .

Should I send a few pics of us from the time we met until present.... spending holidays together, traveling together, going out, etc to prove that we are legitimately in love? You need to send in evidence to show a bonafide marriage. You live together so you should have bunches of stuff. Include pics of varies events, if his and your name on bills bank accounts.

I would also be getting some affidavits from friends and family of your relationship. Seek a lawyer for free consultation on your waiver you will have to file.

[dwheels76 5,458]

Question..... Form I-130..... box 16:

Has your relative ever been under immigration proceedings?

Check yes or no and check a box why.

Options are for removal, exclusion/deportation, rescission, or judicial proceedings.

When my husband was crossing over without inspection, he was right on the front about to cross into USA. He wasn't arrested because he was obedient to the officer but they did send him back to Mexico.... taking his fingerprints, info, copies of birth cert, etc. Since he has been here he has never had any issues with immigration, law enforcement or anything else aside from when he attempted to cross years ago.

What do I put in this box?

The answer is No. That wasn't immigration proceedings that was a entry refusal.

[SenoraPossible 0]

For 130 question 17.... am I putting my info with our children's or his? I put mine but now that I'm reviewing it it is asking questions about "my relative" so I'm thinking I should have put my husbands info down instead of mine.

[1.618 17]

Question..... Form I-130..... box 16:

Has your relative ever been under immigration proceedings?

Check yes or no and check a box why.

Options are for removal, exclusion/deportation, rescission, or judicial proceedings.

When my husband was crossing over without inspection, he was right on the front about to cross into USA. He wasn't arrested because he was obedient to the officer but they did send him back to Mexico.... taking his fingerprints, info, copies of birth cert, etc. Since he has been here he has never had any issues with immigration, law enforcement or anything else aside from when he attempted to cross years ago.

What do I put in this box?

Please understand that the fact that he was stopped at the border, fingerprinted and turned around before reentering illegally could be a HUGE issue. The attorney wanting to do background checks is doing so for a reason, although there is no way to know definitely if the CBP (border patrol) sent his information to USCIS/ICE. They most likely did, though.

If he reentered after being turned around, he could potentially have a permanent ban. On a waiver teleconference from a month ago or so, they were talking of people having their waivers approved only to leave for their home country for their immigrant visa interview and be DENIED because of this exact issue. They are now stuck in their home country and banned from ever reentering the US.

Please do not do this on your own. Consult an attorney and follow their advice. Consider doing DACA instead.

Edited April 21, 2015 by 1.618