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WesAndFlor

I-601A Best option?

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I am USC. My wife EWI. We have been married 10 years and have four kids (one with special needs). Kids are USC. No Alien Registration Number. I am trying to figure out the best way for her to become a PR.

I think the only option for me is the Consular Process with the I-601A. I am also wondering what the differences might be between I-601A and I-601, other than getting the waiver before leaving the US. I think I should file I-130 now, but I need to understand the whole process better and I want to make sure I understand all of our options. Do I file I-130 now and file I-601A after I-130 is approved?

Thanks for reading. This a great forum.

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I am USC. My wife EWI. We have been married 10 years and have four kids (one with special needs). Kids are USC. No Alien Registration Number. I am trying to figure out the best way for her to become a PR.

I think the only option for me is the Consular Process with the I-601A. I am also wondering what the differences might be between I-601A and I-601, other than getting the waiver before leaving the US. I think I should file I-130 now, but I need to understand the whole process better and I want to make sure I understand all of our options. Do I file I-130 now and file I-601A after I-130 is approved?

Thanks for reading. This a great forum.

the purpose for filing the waiver before she leaves is that she won't have to be in her country for a long period of time. that's what the decree is for. if you have enough extreme hardship to overcome the 10 year ban, and there are no other problems. she might only be in her country for days or a few weeks, instead of having to go first to the interview, then file the waiver and wait for months, maybe even more than a year.

the waiver is the same, and the need of a hardship letter to overcome the ban that she has is the same. instead of waiting in her country and be separated from the spouse and children, she can wait here. you have to file the i130 first.

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the purpose for filing the waiver before she leaves is that she won't have to be in her country for a long period of time. that's what the decree is for. if you have enough extreme hardship to overcome the 10 year ban, and there are no other problems. she might only be in her country for days or a few weeks, instead of having to go first to the interview, then file the waiver and wait for months, maybe even more than a year.

the waiver is the same, and the need of a hardship letter to overcome the ban that she has is the same. instead of waiting in her country and be separated from the spouse and children, she can wait here. you have to file the i130 first.

Correct, but in addition, what I think is more important is that you'll know the outcome of the waiver request BEFORE she leaves the USA instead of her leaving with zero assurance she will EVER be allowed to return.


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I appreciate both responses. But...How do I know this is the best plan for us and do I go ahead and file the I-130 now?

Thanks, Wes

I would say so, yes. Did you have an alternative plan in mind for comparison?


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A Warning to Green Card Holders About Voting

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I would say so, yes. Did you have an alternative plan in mind for comparison?

Not really an alternative plan, I just don't like giving up 10 years continuous physical presence in US.

Also, I don't understand the I-601A process. If I file I-130 now, when do I file I-601A? On March 4th or after I have an approved I-130?

Thanks, Wes

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Not really an alternative plan, I just don't like giving up 10 years continuous physical presence in US.

Also, I don't understand the I-601A process. If I file I-130 now, when do I file I-601A? On March 4th or after I have an approved I-130?

Thanks, Wes

The waiver request is filed after the I-130 is approved. What you are applying to "waive" is the ten year ban. If the waiver is not approved, then your spouse has a choice of departing the USA, for a visa interview, where the visa will be denied and the ban begins OR remaining in the USA illegally with the same continual deportability status she's been in up to now.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Agreed. Sounds like the best route. That is what my wife and I are going through now. It's a lot less stressful now that the Provisional Waiver exists.


7vr1n0qxp.png

00/00/2006 --We met...Didn't look good with a mustache

00/00/2009 --We met again and started dating (no mustache)

01/24/2011 --Married

01/15/2012 --Baby Luke Born

07/10/2012 --I-130 Sent

07/23/2012 --NOA1 Priority Date

01/07/2013 --RFE #1

00/00/0000 --A bit of a break. Mother-in-law battling cancer which eventually took her. Very tough time for my wife as she lost her sister just 4 years ago to cancer as well. :-(

03/28/2013 --Response to RFE sent

04/23/2013 --Case Approved!!!

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Agreed. Sounds like the best route. That is what my wife and I are going through now. It's a lot less stressful now that the Provisional Waiver exists.

Thanks. I appreciate all of the responses I have received. This seems to be a great forum.

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I am concerned about Affidavit of Support. I am not sure which form to file and I want to make sure I should qualify before I file I-130.

On form I-864W in Part 2. Reason for exemption:

I have been credited with 40 quarters. They were acquired while I was married to spouse and we were in the U.S. The form states "Do not count any quarters during which you received a means-tested public benefit." Can I count quarters where our children received Medicaid and Chip?

On form I-864: Is the Adjusted Gross Income irrelevant? Looking at one of my tax returns, I find it confusing. Would I use my Adjusted Gross Income or my income as stated in Part 1 of Schedule C?

Will I ever need three years of Income Tax returns? Or will I always be okay with the most recent?

Thanks

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I am concerned about Affidavit of Support. I am not sure which form to file and I want to make sure I should qualify before I file I-130.

On form I-864W in Part 2. Reason for exemption:

I have been credited with 40 quarters. They were acquired while I was married to spouse and we were in the U.S. The form states "Do not count any quarters during which you received a means-tested public benefit." Can I count quarters where our children received Medicaid and Chip?

On form I-864: Is the Adjusted Gross Income irrelevant? Looking at one of my tax returns, I find it confusing. Would I use my Adjusted Gross Income or my income as stated in Part 1 of Schedule C?

Will I ever need three years of Income Tax returns? Or will I always be okay with the most recent?

Thanks

The I-864w is used when the immigrant has been credited with 40 quarters. Otherwise, you use the I-864. If you don't qualify per the I-864p, you'll need a joint sponsor. See the I-864 instructions.

You will need information from three prior tax returns or an explanation of why you were not required to file. You only need to submit one complete tax return. It will be the one for the year just ended, 2012.

The affidavit of support is not filed with the petition. It is filed after the petition is approved, when the file is at the National Visa Center.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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The I-864w is used when the immigrant has been credited with 40 quarters. Otherwise, you use the I-864. If you don't qualify per the I-864p, you'll need a joint sponsor. See the I-864 instructions.

You will need information from three prior tax returns or an explanation of why you were not required to file. You only need to submit one complete tax return. It will be the one for the year just ended, 2012.

The affidavit of support is not filed with the petition. It is filed after the petition is approved, when the file is at the National Visa Center.

I read the instructions for I-864 several times before I asked my question. I still don't understand if I qualify to file I-864W, I-864, or both. I do not have a joint sponsor.

What information from three prior tax returns will I need and where will I need it? The reason this is important to me is because I do not make the same amount every year. My 2012 tax return will possibly qualify me but 2011 and 2010 will not, according to I-864P.

I understand the Affidavit of Support is filed after the I-130 is approved. I don't understand why I should file I-130 if I will not have a qualifying Affidavit of Support. If I am looking at this wrong, please let me know.

Thanks, Wes

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I read the instructions for I-864 several times before I asked my question. I still don't understand if I qualify to file I-864W, I-864, or both. I do not have a joint sponsor.

What information from three prior tax returns will I need and where will I need it? The reason this is important to me is because I do not make the same amount every year. My 2012 tax return will possibly qualify me but 2011 and 2010 will not, according to I-864P.

I understand the Affidavit of Support is filed after the I-130 is approved. I don't understand why I should file I-130 if I will not have a qualifying Affidavit of Support. If I am looking at this wrong, please let me know.

Thanks, Wes

Unless your foreign wife can be credited with 40 quarters, by actually being in the US legally, then the I-864w is irrelevant. You use the I-864. You qualify to sponsor based on your current income at the time you file the affidavit of support. The PAST three years' income is only informational but required. It doesn't matter whether you qualified on past income. If the return was filed using the 1040, the income figure is from line 22. If a 1040EZ, use the adjusted gross income.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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your I-130 petition is filed to establish eligibility for the visa so you do not need the I-864 then.. After you get your outcome from USCIS and your file proceeds to the NVC then you will need to file the AOS where they need to establish that you can support the person you are bringing in.


GOD has been WONDERFUL!!!
CR-1 (for Husband):
09/15/2012: Got Married
09/26/2012: Mailed I-130 from Nigeria( delayed by customs)
USCIS stage ( 66 days)
10/12/2012: NOA 1
12/17/2012: NOA 2 (case was transferred to NYC office 11/27/12)
NVC stage ( 20 days)
01/08/2013: Case # and IIN assigned ( file arrived NVC mail room 12/20/12)
01/09/2013: AOS invoiced and paid, DS-3032 emailed and mailed.
01/16/2013: IV invoiced &paid. AOS & IV mailed in one package(arrived 01/18).

01/28/2013: Case complete!!!
04/19/2013: Interview; APPROVED!!!!!
05/13/2013: POE; JFK


N-400: (3 months and 12 days)
Filed N-400 : 2011-06-17
Interview: 2011-09-27
Oath Ceremony: 2011-09-30

IR-5 for Mom Entire process took 5 months exactly
USCIS (22days)

mailed I-130 : 2011-09-30
NOA 1: 2011-10-03 (text & email)
NOA 2: 2011-10-25 (text and email)
NVC: (19 days)
Case entered and # assigned: 2011-11-18
NVC Case COMPLETED: 2011-12-07 ( 43 days from NOA 2 and 65 days from NOA 1)
Interview Date(Lagos): 2012-01- 23
Mom was late for interview
New Interview date: 2012-02-29 : VISA APPROVED

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