newbie with spouse visa questions

[highlander08 9]

Greetings everyone, I was fortunate enough to find this great forum. I have a few questions. ?

1. I have primary custody of my 9 yr old child and receive s.s. disability payments for my child,from my ex wifes benefits, these are not listed on my tax returns by my tax preparer. can they be used as income on the AOS ? /With the IR-1/CR-1,,is an AOS required by united states immigration and is it no longer needed once she enters the U.S. as a citizen. From what I have read on this forum so far it appears to me as if the AOS is mainly needed by the other country as proof of support, by the sponsor / spouse for the immigrant to qualify for the visa.. ??

2. Am I correct in understanding that with a IR-1 / CR-1 visa that as soon as my wife enters the U.S. she becomes a U.S. citizen.

I read on the AOS form at the bottom that as soon as the immigrant becomes a U.S. citizen that the sponsors financial responsibility ends, ie.. co-sponsor.

3. I am self employed as a home improvement contractor my, income last year was 18,000.00 m-l. I can show assets for the difference for three years.

She has A child which will make our family size = 4. I have been working for a customer off and on for the last three years he has plenty of work for me, If I show steady work as his employee and a letter from him that he likes my work and has hired me as A full time employee, and that he pays me in cash as I take care of my own taxes with my business will that be accepted. .Can I show hand written receipts on company letterhead by the owner ( he has an imported hardwood business ) or does it have to be a paystub with deductions taken out.

4. If AOS is still required does the ins keep track of the assets listed for the three year period.

I am A newbie and have not had a chance to read this entire forum.

What I have read looks like a great forum full of caring and helpful people.

Thanks in advance for your advice and help.

[highlander08 9]

Newbie here again, On the AOS do they go by the net income or the gross income on the income tax return. ?

[Ryan H 3,790]

2. Am I correct in understanding that with a IR-1 / CR-1 visa that as soon as my wife enters the U.S. she becomes a U.S. citizen.

NO, she will become a lawful permanent resident. If you have been married for less than 2 years at time of entry, she would be a conditional resident and she would have to apply to remove conditions 90 days before the green card she is issued expires. If you have been married for 2 or more years at time of entry, she is issued a green card that is valid for 10 years.

For the Affidavit of Support (AOS), your income or combination of income and assets must be at or above 125% of the poverty line for your household size. The I-864P shows the exact figures. The affidavit is enforceable until she receives 40 quarters of work or becomes a US Citizen. She will not be eligible to apply for US Citizenship until 3 years after entry to the US and was living continuously in the US during that period.

Newbie here again, On the AOS do they go by the net income or the gross income on the income tax return. ?

Gross income

[Harpa Timsah 13,258]

SHe will most certainly not become a US Citizen when she enters the US. She will be a Permanent Resident. It is important you understand this distinction, because if she ever clams to be a US CItizen when she is not, then she will be banned from the US for life.

[highlander08 9]

Thank you guys for your help, any advice on bringing her 6 yr old daughter over I am step dad.

Does the childs father have to give consent , sign any paperwork ?

does a child delay things with immigration., We married in her country .

Thanks

[highlander08 9]

Can anyone suggest a good immigration lawyer who is genuine, sincere and reasonable for the north central Pennsylvania U.S.A. area..as it appears that would be very helpful because of all the regulations and I do not want this to fail.

[pushbrk 12,104]

Thank you guys for your help, any advice on bringing her 6 yr old daughter over I am step dad.

Does the childs father have to give consent , sign any paperwork ?

does a child delay things with immigration., We married in her country .

Thanks

Start by clicking on the word "Guides" at the top of any page here. The process of bringing a step child is virtually identical to that of bringing a spouse.

[Ryan H 3,790]

Thank you guys for your help, any advice on bringing her 6 yr old daughter over I am step dad.

Does the childs father have to give consent , sign any paperwork ?

does a child delay things with immigration., We married in her country .

Thanks

You file a second I-130 for your step-daughter. The Embassy as well any other border control authority may require documentation that the child's biological father has authorized the child to move out of the country.

[highlander08 9]

Thanks again everyone for your help.

I have lots to learn but also with your help I am learning.

[highlander08 9]

How does it work as far as my stepdaughter becoming a citizen . ???

Does she have to wait the three years same as my wife. ?

What happens if the father has moved and cannot be located for consent for child to leave the country. ?

Thanks again.

[highlander08 9]

With the following on form 130 :

Note: Evidence of a Bonifide Marriage

The USCIS now requires that when filing an I-130 for a spouse that you include evidence of a bonifide marriage. They list examples of acceptable evidence as:

1.

Documentation showing joint ownership or property; or

2.

A lease showing joint tenancy of a common residence; or

3.

Documentation showing co-mingling of financialresources; or

4.

Birth certificate(s) of child(ren) born to you, thepetitioner, and your spouse together; or

5.

Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the maritalrelationship (Each affidavit must contain the full nameand address, date and place of birth of the person makingthe affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and detailsexplaining how the person acquired his or herknowledge of your marriage); or

6.

Any other relevant documentation to establish that thereis an ongoing marital union.

We spent two weeks together and were married just b-4 I had to return home to the usa. we do not own any joint resources as yet as she has not been here yet. How to provide what the uscis wants ?????? What is acceptable. any one else had this experience and any advice will be greatly appreciated, as she needs to be here to physically sign and have notarised any auto or home deeds, ect... PLEASE HELP !!!!!!

[pushbrk 12,104]

With the following on form 130 :

Note: Evidence of a Bonifide Marriage

The USCIS now requires ....

6.

Any other relevant documentation to establish that thereis an ongoing marital union.

We spent two weeks together and were married just b-4 I had to return home to the usa. we do not own any joint resources as yet as she has not been here yet. How to provide what the uscis wants ?????? What is acceptable. any one else had this experience and any advice will be greatly appreciated, as she needs to be here to physically sign and have notarised any auto or home deeds, ect... PLEASE HELP !!!!!!

First, read carefully, interpret literally and then respond accurately. Anything you read AFTER the words, "In addition to the required...." is NOT REQUIRED.

Then, concentrate on number 6.

[pushbrk 12,104]

How does it work as far as my stepdaughter becoming a citizen . ???

Does she have to wait the three years same as my wife. ?

What happens if the father has moved and cannot be located for consent for child to leave the country. ?

Thanks again.

Depends on the stepdaughter's age. If the mother becomes a citizen before the daughter turns 18, the daughter can gain immediate citizenship through the mother. Otherwise, the daughter waits five years for eligibility.

[highlander08 9]

Thanks again everyone. I'm glad I found this site

[highlander08 9]

Can anyone tell me ? in reference to the divorce certificates for ir-1/cr-1 visa are they looking for immigrants divorce info only or that of USC also. thanks.

Thanks again everyone. I'm glad I found this site