Joyce and Chris

Cary you are so dead wrong it is not even funny. Read the I-864 and then read all the test cases that are THROUGHOUT the country. Of course he is going to assist that is his job. But he also assists for both sides of the I-864. And he is not the only immigration lawyer to tell me this. My divorce lawyer also confided with several other immigration lawyers which ALL confirmed the same thing.

Get for facts right before posting on here. Half of your posts have incorrect information. I have talked to legal professionals in regards to these matters. YOU should try and do the same!!

Raven52, you only have received a partial answer to your question. The I-864 states that not only the government can sue you but the immigrant can sue you for support as well. You are obligated to keep her at or above the 125% poverty level. That means if she is not working it could be around $18,000 per year, more if she has kids. You better hope she has a job and keeps it or doesn't know about the 125% clause in the I-864. It is also outlined in the little booklet that PI brides get at their required exit class when they are about to leave PI. You should go back and read the 864 again. You should also read I-864 Affidavit of Support from Greg McLawson on this subject. I have personally sat down and talked to him and have lots of emails from him as well. The I-864 is a powerful document and should not be ignored.

I have confirmed with another immigration lawyer on her situation. Yes when her GC expired, which would have been in June, she becomes out of status. But it would be up to her employer to find out and once they find out to take action. Well her current employer I doubt would take any action. I will just leave it at that.

In regards to the I-751. If we were to file jointly then we would need to take action right ASAP. The only thing we would need is an excuse for the late filing. The separation and pending divorce would be that excuse.

If she were to file an I-751 waiver then she can file anytime and there is no deadline. But like mentioned above she is out of status.

I won't tell you who my immigration lawyer is but most on this forum has read his work and some have even quoted it.

Anyways now we just need to figure out how to proceed with the I-751.

I would think InfoPass would be able to tell you want your status is and if anything has been sent out. She has moved a couple times but I know she has been diligent on sending in address changes.

I am the one who suggested the reconcile. But I know what you are saying, Once bitten Twice Shy. If things don't work out between us I still want to be able to support her wishes. I want her to get proof from her lawyer that everything is OK.

I told her to call me as soon as she hears from her lawyer. The longer the wait the more concerned I am.

Thanks. As for getting an InfoPass, it would not be for legal suggestions but just to confirm what the required next steps are. I can't believe her lawyer would have just dropped the ball like this.

I didn't know if I should post this in this forum of the regular ROC forum but here is goes. I am the USC and my spouse has her 2yr GC. Without going into details our marriage wasn't as smooth as it could have been and divorce papers were filed. The papers were filed basically right when then initial 90 window requirement to file ROC started. That would have been around March 15th of this year. Well the first 90 days have passed and I understand that she needed to file something during that period to get a 90 extension. Of course that 90 extension would basically be up as well. So roughly the past several weeks we have been talking about reconciling and working out our marriage in which I hope and pray will be successful. Her divorce lawyer is also an immigration lawyer and has told her not to worry. Well now we are worried that the window to file has come and gone. So I have asked my wife to find out if her lawyer has sent anything to the USCIS for the ROC. So some questions have come up:

Has the window come and gone for her to file?

Does she need to file any thing right now?

If we continue with the divorce, then can she file after the she gets the decree?

If we reconcile then how does that effect the ROC now that the file dates have come and gone?

Should we schedule and InfoPass and talk with an immigration officer?

Thanks.

Good topic, Brian is in the exact situation I am in. I was using H&R Block tax program and it would not allow me to use my stepson as a dependent. So now I am in the process of Turbotax. The question I have does my stepson need to have a SSN card in order to claim him?

Thanks

Ok it is time to book my fiance' flight from Manila to the US (Seattle). The good news is she is on her way to pick up her visa right now from 2Go. Very Very Excited!!! A sweatheart (who will remain nameless ;) ) doesn't believe me when I tell her about immigrant discounts from airlines. Can someone please respond to the following?:

Is there a first time immigrant discount from airlines?

Which airlines have this discount?

Do you have to go through a travel agent or through the airline?

Can I pay for it or does my fiance' have to pay for it (I will be sending her the money)?

Also just a side question, what airline(s) do you prefer to and from Manila? I have flown there on Delta and Korean Air. I prefered Korean Air but thier flight are so expensive right now. Delta seemed to have an outdated plane.

Thanks all, VJ has been great and I can't wait for my love and her son to get here!!!!!

Hi...I know you can use a copy of the I-864 filled out for the mom for the minor daughter. However, do you need to have 2 copies of the tax records and w-2's??? Or, is the evidence for the K-1 sufficient for the K-2?

Yes it is... Just provide 2 copies of your W2.

Goodluck and Godbless

Maybe a week or two. It's nothing to worry about.

We sent our response in on September 1st and many many phone calls and emails later we just received word today of our visa approval.

Hello Everyone,

I am on the process of preparing documents before time comes of interview. Does an "Intent to Marry Letter" be done in typewritten or in handwriting? What is acceptable by the USEM?

Please

Typewritten more appropriate..

Godbless

We feel your pain. Her interview was on August 15 and they gave her a 221g requesting additional documents. We sent those through 2Go which screwed up and sent them back to her. She sent them again and the Embassy got what was requested on September 1st. We have been waiting ever since. Many calls and emails later and still nothing. I sent another email today and she sent a fax. I will give this another week and if no word back then I am calling my congresswoman. That is if she is not too busy on the US Debt Committee lol.

Good luck to you both!!!!

You can also try EVA airlines. A guy I work with has traveled with them a few times. I just looked and they have a promo to Seattle for $350 one-way. If not for the problems we are having with the Manila Embassy I would be booking that flight.

If your fiancé can't make you happy on that special day, why get married??? I may seem arrogant but that's just because I know what I want..anyway, a wedding is all about the bride..Hahaha

Me and my fiancé we didn't plan the wedding coz we end up arguing at first..Lol ! Until I let him decide of his plans of our wedding..if she makes me happy or hate him the rest of our life..Hahahha!!! Btw, it's really depending on what you both feel.it's a matter of compromise coz my fiancé explain it to me can't have a big wedding within 90 days...sOo true

Goodluck everyone!!!

How old the k2 then? It must easier if you call on line..might not be the same hour, but it matters of min..

Hello Friends, Hopefully, someone could help me I'm trying to schedule online for appointment / interview at US embassy for me and my kids (K-1 and K-2). I was successful to get confirmation letter, but, I couldn't get through to schedule for my kids. I can't figure out where to add applicants ? I was hoping and praying the my kids will come with me during the interview, in short we could have same interview date.

Please help me how to do it. Thanks and God bless !

Thank you everyone for giving an advice. Now we wont get too worried about this.So no need for the fathers consent. God bless and Good luck everyone.

- just make sure your fiancé will provide CENOMAR father daughter.. And you can provide letter of consent as well just in case. :-)

Dave,

Great post....this only proves the point that no two cases are alike. I don't understand why they can't write the requirements clearer so everyone plays the same rules. Seems like the PI embassy make things up as they go along.

Good luck to both of you!

Wow, Wow, Wow,

I would never had guessed this post would have recieved so many replys. I thank you all for taking your time to respond and hope this helps others prepare for their journy. I guess no two are the same. I would like to point out that I am 100% in protecting the rights of the child. So I have no problem on getting any additional paperwork required. Just thought it was strange this was not outlined in their requirements.

So just an update. The Embassy should be getting a copy of the fathers Cenomar today. The Embassy even called to make sure it was coming and asked when they would recieve it. The father has been very supportive in getting any documents needed.

About showing support we copied both the Westerns Union receipts for the interview and medical fees. We also sent them copies of two PayPal receipts when I did send her money. They also requested her passport as well so I hope that is a good sign.

I will post again when we find out the decision.

Thanks again everyone!!!

The CENOMAR for the child's father is a strange request. I assume she did provide HER CENOMAR, right?

I guess it's possible that the CO was confused by the consent form from the father as it is absolutely not required unless she was married to him when the child was born. In the Philippines the mother of a child born out of wedlock has SOLE custody and parental rights to the child even if the father signed that back of the birth certificate acknowledging paternity.

Yes, she showed them her own Cenomar. I have just never seen any stories on here with this situation. She still communicates with the father and they are on good terms. So it would have been no problem getting a Cenomar from the father. I just have never seen anywhere were it states it is required. Now I understand that is kid is involved and I am all for the extra precautions but they need to list them somewhere.

The money one baffles me. Basically our great American Embassy doesn't believe a single mother over there can raise a child on her own without help! She is very smart and independent and doesn't need my help. My IRS forms and W-2's should be more than enough evidense of support when she gets here. Yes I have sent money from time to time as well as gifts and also given her all the money I had after my two trips over there. But once again, is supporting her while she is still in PI a requirement?

Sorry, I am just frustrated.

Again the main reason of posting this is for the benefit for others who maybe in the same situation.

Harpa thanks for the response. Since this is also a K2 I have tried to research all those requirements as well. Everything that I have read states that even if the parents never married that you still needed the letter of release from the father. The thing is her Cenomar is proof she never married. Why do they care if the father was/is married as long as there is a letter?

I have been on VJ viewing various posts for over eight months now. In that time I think I have read every post regarding interviews to try and get my sweetie ready for anything. Well today we got blindsided by two different items that I have never heard of anyone else being asked or requested of.

Here is the background to the two items before I tell you what they are. First of all she is a single mom of a 6 y/o boy. She dated the kid's dad for a short time and they were never married. He has provided well the boy so she never has had any issues raising him. They have always been in contact so it was easy to get the dad's release so she can bring the boy to the States with her. The letter of release is signed and notorized. The second issue is that she has done very well for herself. She has had several good paying jobs that have lead her to buy her own house. She now owns and operates her own business that pays all her bills plus she helps an employee go to college and she helps support the rest of her family. With that said I have never had to support her from the States. I have only sent her money on occassion mainly as a gift to get a facial or massages. I have sent her money to cover all the expenses for the K1 process, medical, interview, flights and hotel to Manila.

OK with that being said her interview was today (yesterday in PI). She had a 6:30 and 6:40 appointment (don't know why the K2 was separate) Her name wasn't called until about 11. She got through the first interview just fine and only took a couple minutes. Now this my sound negative but the US portion of the interview was with an older Chinese/American guy. The interview took about 15 minutes with many questions. He got hung up on two items. One the interviewer wanted to see how I was supporting her now and why I wasn't sending money over to her. He wanted to see receipts from money transfers. She tried to explain the she was self supporting and didn't need my help while she was in PI. So she now is going to try and get printouts from PayPal and Western Union. Now here is the strange on. The interviewer wanted to see a Cenomar from her childs father. HUH?!?!?! I thought all we needed was a letter from the childs father. He also wanted to know the father's mom's madian name, cell phone number, place of birth, and a few other items. Has anyone run into this?

I am just venting right now but these two items seemed very unusual. We are still waiting for the results. If we don't get the visa I will be calling over there and or my congress person. I thought this experience may help others. My fiance had to catch an early flight out so I have not heard the final results yet. She had to go back to the Embassy at 1:30 for a follow up.

We are 24 days of waiting for our case number. what shall we do ?

We just got our case number last week. It took about a month to get (along with two phone calls and two emails lol).

Are you using the forms from the VJ website? If so, go to the USCIS web site and download them from there. If you are still having problems then you probably need to upgrade your PDF viewer.

Hope this helps.

Wow, great information. Thanks for posting this. We will be needing this in a few months.