help..what to do with our situation?

[mary ann russ 0]

Not to mention the fact that if you were here you could also help take care of his Mom so he could work and not have to worry about her while he is working

yeah that was our first plan, get me there in USA and take care of his mom while he goes to his career...it could have really been that if our k3 visa went through, we got approved from the USCIS aug of 2010..just after both of the petition that has been approved at the same time came to the NVC...the change our route to cr-1

[grrrrreat 109]

Russ and I has been married since Jan 2009. We have a lil girl and she is 2 years and 5 months old now. First , we filed on a k3 non immigrant visa this was in march 2010... we got approved from the USCIS 5 months later.. we were very happy but then a few weeks later my husband received a letter from the NVC that we need to pursue a CR-1 route. Now, we are gathering all the papers and everything went well except for the AOS that really takes forever.

My husband has an M.D. degree and I'm a nursing graduate. My husband has been out of his career for quite sometime now because he is taking good care of his mom. She is disabled ( she had a car accident in 1984 and her one leg were amputated...and she has been miserable and depressed for a long time) and in a wheelchair and can't do so much. My husband loves his mom very much (he took her with him when he came to philippines to marry me). and I let him to take good care of her because i care about her too. Now, they had an agreement long time ago that she's going to sign the AOS for me so he can take me to USA (it is so heartbreaking to see them going home twice without me and my baby) but now she won't do it for us... even if my husband has done a lot for her. AOS is the only thing we need so i will come home to USA and be reunited with my husband. We have asked his family and they won't do so much about it. It has been 2 years now of waiting and nothing happens.. our lil girl she is 2 years and 5 months and the last time she was with her daddy was when she's 4 months old. It is has breaking for me to see her growing without her daddy although she does spend time with him via skype but it's never really the same. At times she will tell me "mommmy, we're going home to USA" and sometimes she will cry looking for her daddy. It is has really been a tough situation for us. I know that God allow this thing to happen so good things will come out of it. My husband and I loves each other very much and we have Faith that God will make a way for us and never to give up

Honestly, at this point, if mom refuses to cooperate to bring you over, husband should explain to mom that he will have to spend much less time caring for her so that he can secure a job that pays well enough to sponsor you. Then, either mom will realize it's in her best interest to sign the AOS and have your husband continue to care for her.

If your husband won't take some proactive action to fix this situation, by convincing her to sign, getting a job, or finding a cosponsor, there's nothing anyone here can do for you.

yeah that was our first plan, get me there in USA and take care of his mom while he goes to his career...it could have really been that if our k3 visa went through, we got approved from the USCIS aug of 2010..just after both of the petition that has been approved at the same time came to the NVC...the change our route to cr-1

The change from K-3 to CR-1 had nothing to do with requiring the affidavit of support, because you still need an affidavit of support to secure the K-3 and to adjust status once you are in the U.S. All USCIS did was try to save you some time and money by rerouting your petition to give you an immediate Green Card instead of granting a visa that would require you to adjust status once you were in the U.S. (The K-3 is now obsolete for this reason.) The requirements are the same for both in all material respects.

[grrrrreat 109]

Is it possible your husband could collect some kind of

monetary compensation for being a full-time/sole medical

care giver of an elderly and/or disabled individual?

http://www.caring.com/articles/payment-for-family-caregiver

I believe I've heard of something like this in California ...

I also could be completely clueless

Good idea, but I doubt it would be enough to qualify. Also if mom has assets, they will want her to use those before giving government aid, and sounds like she doesn't want to do that at all.

Edited May 22, 2012 by grrrrreat

[pushbrk 13,610]

The change from K-3 to CR-1 had nothing to do with requiring the affidavit of support, because you still need an affidavit of support to secure the K-3 and to adjust status once you are in the U.S. All USCIS did was try to save you some time and money by rerouting your petition to give you an immediate Green Card instead of granting a visa that would require you to adjust status once you were in the U.S. (The K-3 is now obsolete for this reason.) The requirements are the same for both in all material respects.

First sentence is correct but USCIS had nothing at all to do with why the K3 visa path ended in this case. NVC, (Dept. of State) is the agency that administratively closed the I-129F petition, not USCIS. Result it the same, of course but your explanation is false.

[Darnell 8,479]

File for the CR 1 and you won't need the AOS.

Good luck.

Alas, for a CR-1 VISA, AOS here means 'Affadavit of Support', the I-864 form. Sorry you not know this, as your advice was totally misplaced based on your knowledge of this acronym, and wrong.

yeah, i'm sure he wants me to be there.... my baby's papers are ready..she has her US passport..just mine need that AOS. the NVC send me a letter via email after we send them the ds-230..it really states there that they needs the financial evidence to complete the process..so that's where we're stuck at.

Has he looked into going the 'assets' route, at all?

I'd like to vette hnubno's posit here, about him getting out and working as a doctor NOW, then hiring a caregiver for his mother. IMO, with him showing a WORK CONTRACT with the I-864 on HIM, along with a letter of explanation about his time/duration of 'caring for his mother', will tromp a lot of silliness for 'past income requirements'.

Moving forward in time - He'll probably have to work the night shift the first few months, so he can care for her during the day then finally afford a caregiver. IF she qualifies for any SSI benefits because of the amputation, then medicare/medicaid has a program for her , to handle up to 10 hours/week of a in-home healthcare provider - and there are many companies that handle this and the paperwork, all over the USA and IN HIS TOWN.

Edited May 22, 2012 by Darnell

[mary ann russ 0]

Alas, for a CR-1 VISA, AOS here means 'Affadavit of Support', the I-864 form. Sorry you not know this, as your advice was totally misplaced based on your knowledge of this acronym, and wrong.

Has he looked into going the 'assets' route, at all?

I'd like to vette hnubno's posit here, about him getting out and working as a doctor NOW, then hiring a caregiver for his mother. IMO, with him showing a WORK CONTRACT with the I-864 on HIM, along with a letter of explanation about his time/duration of 'caring for his mother', will tromp a lot of silliness for 'past income requirements'.

Moving forward in time - He'll probably have to work the night shift the first few months, so he can care for her during the day then finally afford a caregiver. IF she qualifies for any SSI benefits because of the amputation, then medicare/medicaid has a program for her , to handle up to 10 hours/week of a in-home healthcare provider - and there are many companies that handle this and the paperwork, all over the USA and IN HIS TOWN.

thanks everyone... things will get better.. God will make a way when there seems to be no way. :-)

[pushbrk 13,610]

thanks everyone... things will get better.. God will make a way when there seems to be no way. :-)

I'm as into faith as anybody but the way is there. Your husband just needs to chose one of the options and follow through.

[Darnell 8,479]

thanks everyone... things will get better.. God will make a way when there seems to be no way. :-)

wow.

possible paths were outlined to you, and you prefer to 'place it in God's Hands' instead?

Look, God gave us all free will, and She expects us to use it, with the idea to use it properly.

What's up with exploring the possible paths, instead?