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britlady70

Advice desperately needed !

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And someone mentioned the third option which is you as a citizen of an EU member country you can take advantage of a loophole which allows you to move your family to the UK altogether without the financial requirement but it does require you to live and work in one of the EU countries for a while - so you would need to find work and base yourself in another country for 6-12 months.

Here's a guide which breaks down what you need to do country-by-country if you go that route

http://www.scribd.com/doc/239558037/Surinder-Singh-country-specific-guide

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Filed: Citizen (apr) Country: Ecuador
Timeline

Two unhelpful posts have been removed. Answer the OP's questions without lecturing.

TBoneTX

VJ Moderation

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: Citizen (apr) Country: Mexico
Timeline

Yes, I understand the filing -- the question is whether the EAD would likely be issued BEFORE the I-864 is adjudicated. If the odds are that the EAD would be received even one month before, that is time to get a job, assuming she has been interviewing beforehand.

This family needs help, and anything we can do to help should be looked at as an option.

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Yes, I understand the filing -- the question is whether the EAD would likely be issued BEFORE the I-864 is adjudicated. If the odds are that the EAD would be received even one month before, that is time to get a job, assuming she has been interviewing beforehand.

This family needs help, and anything we can do to help should be looked at as an option.

But the I-864 has been submitted. Now, is it possible to re-submit an I-864 at the interview? I haven't heard of anyone doing it, doesn't mean it can't be done - but without some kind of assurance that you can do that, I wouldn't want to advise someone to risk it who has so much to lose. If they won't accept a re-submission she gets a letter telling her to get out of the country in X number of days.

OP entered on the VWP. No appeals if denied.

Edited by ValerieA

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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Filed: Citizen (apr) Country: Mexico
Timeline

It seems to me that the possibility of an RFE asking for either additional income or a co sponsor is the most likely case, and in effect, the I-864 is "updated" at that time anyway -- either with additional financial information or a joint sponsor, or whatever.

Really just trying to see what options might be available in addition to just returning to the UK, hiding in the weeds here, or trying to get the AOS process underway with the "traditional" approach. While everyone else is trying to speed things up, wouldn't it be nice if the OP could get her EAD, and slow things down so that she has a chance to find work so her income would be counted on the eventual I-864.

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Filed: Citizen (apr) Country: Iran
Timeline

Her income won't be counted. They might sneak by and have the EAD approved without the I-864 being looked at but usually the I-864 is viewed prior to EAD/AP being issued. An RFE would be issued for insufficient income and everything (including the EAD) placed on hold until they meet the income requirements.

Be a shame for them to waste about $2,000 filing for AOS to have it denied for financial reasons.

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Filed: Citizen (apr) Country: Mexico
Timeline

That's the question we have been dancing around -- are we 100% certain that the EAD would be denied out of hand, or would it be issued before the rest of the case is adjudicated -- and IF she had the EAD AND had a job, it would be counted if she could show that it would continue from the same source after AOS -- at least that is what the I-864 instructions say.

And of course e don't want them to file if there is no chance that they meet the income test and/or co sponsor test.

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The Surinder Singh option is something I would use here as a measure of last resort.The UK is not pleased by any means that this option exists and has been trying many things to make that route more difficult, even though it is legally supported and can be certainly successful. Even still this would involve complex procedure and separation from her spouse.

The big issue here is her husband's ability to meet the threshold for financial support (a burden that certainly increases since kids are there too). It's either he has to find a source of larger stable employment somewhere, or they have to find a co-sponsour. Even if she could somehow apply under DACA (when injunction might be lifted) I would assume financials would have to be proven.

It's a bit of a pickle, as I certainly would not leave until her status here is sorted out.

Our Journey Timeline  - Immigration and the Health Exchange Price of Love in the UK Thinking of Returning to UK?

 

First met: 12/31/04 - Engaged: 9/24/09
Filed I-129F: 10/4/14 - Packet received: 10/7/14
NOA 1 email + ARN assigned: 10/10/14 (hard copy 10/17/14)
Touched on website (fixed?): 12/9/14 - Poked USCIS: 4/1/15
NOA 2 email: 5/4/15 (hard copy 5/11/15)
Sent to NVC: 5/8/15 - NVC received + #'s assigned: 5/15/15 (estimated)
NVC sent: 5/19/15 - London received/ready: 5/26/15
Packet 3: 5/28/15 - Medical: 6/16/15
Poked London 7/1/15 - Packet 4: 7/2/15
Interview: 7/30/15 - Approved!
AP + Issued 8/3/15 - Visa in hand (depot): 8/6/15
POE: 8/27/15

Wedding: 9/30/15

Filed I-485, I-131, I-765: 11/7/15

Packet received: 11/9/15

NOA 1 txt/email: 11/15/15 - NOA 1 hardcopy: 11/19/15

Bio: 12/9/15

EAD + AP approved: 1/25/16 - EAD received: 2/1/16

RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

RFE response sent: 6/7/16 - RFE response received 6/9/16

AOS approved/card in production: 6/13/16  

NOA 2 hardcopy + card sent 6/17/16

Green Card received: 6/18/16

USCIS 120 day reminder notice: 2/22/18

Filed I-751: 5/2/18 - Packet received: 5/4/18

NOA 1:  5/29/18 (12 mo ext) 8/13/18 (18 mo ext)  - Bio: 6/27/18

Transferred: Potomac Service Center 3/26/19

Approved/New Card Produced status: 4/25/19 - NOA2 hardcopy 4/29/19

10yr Green Card Received: 5/2/19 with error >_<

N400 : 7/16/23 - Oath : 10/19/23

 

 

 

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Filed: Other Country: United Kingdom
Timeline

Thank you everyone for your help here. I have not had chance today to read or repy to all the posts. I have to go back out again now, but I will be checking back ASAP to read them all. Thanks again! :-)

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Filed: K-1 Visa Country: Wales
Timeline

Yes I have the OK of course. And my oldest is 17, youngest 10.

So you had the Fathers OK or a Court OK?

“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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  • 2 weeks later...
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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