Brandon&Re

Hello friends,

I'm asking for your help again.  I asked about this similarly a while back and got some great advice.  Unfortunately the situation has gotten worse for my mother-in-law and brother-in-law.  My wife is originally from Brazil and came here on a K-1, we've been married for 12 years now and she became a USC 3 years ago.  We're trying to see if there is anything that we can do for her mom and brother.

Long story short, her mom is in an abusive relationship and her brother usually gets the physical end as he has to defend his mother.  He tried to commit suicide in November and was unsuccessful, thank God, but honestly has no remorse from it.  Everyone is afraid that he might try to do it again.  We're looking for a way out of the house and the relationship but I was wondering if there was any way to bring them here that doesn't take decades to do.

I'm open to any and all advice and I appreciate everyone's response.

Thank you!

6 minutes ago, Boiler said:

Presumably there is some medical issue.

 

So roughly 2 year for them to get Green Cards, they move and petition him assuming he does not marry another 8 years before he can come.

 

A Green Card is for living in the US, they can of course visit him.

 

Does not really sound practical to sponsor them.

No, not medical.  I agree with you though given the timelines that this isn't really practical.  Thanks everyone so much for all of the information, I appreciate it!

So if we petition her parents and they get approved and come here, can they stay in Brazil while petitioning for her brother?  He is very dependent on them.

54 minutes ago, Boiler said:

How old is the brother

He will be 30 this year, he is unmarried.

Hello all,

My wife has been in the US for 11 years now and became a USC last year.  I am so appreciative of this forum and everyone on it as it helped us navigate the i129f petition process many years ago.  Now that my wife is a USC I was curious what the process would be to bring her parents and brother to the US if they chose to come?  From what I've been reading she should i130 for her parents and then once they arrive they can petition for her brother.  Does that mean he would need to stay in Brazil by himself until the petition finished processing?

Please let me know if there are any additional questions.

11 hours ago, mallafri76 said:

So you're employed and get the paycheck but your wife does the work???

1 hour ago, Randyandyuni said:

smart man

Haha, trust me, she spends way more than what she makes on there  Besides we have a joint checking account, you know what's mine is hers.

8 hours ago, nightingalejules said:

Everybody's getting distracted from the point. Taxes are being paid on the income. Probably the IRS doesn't care. The point is that, since none of the income is in your wife's name, she has $0 income and the business is yours, so you don't need to include anything about it in her application for citizenship. Put her occupation down as "housewife" or "unemployed", so the address is not applicable.

Great, thank you so much!

5 minutes ago, Transborderwife said:

OP do either of you get W2s for it or is it not taxed?  That's important 

It's taxed, I receive the 1099.

13 minutes ago, PallasAthena said:

I disagree with Transborderwife.  If she doesn't get W2s and if it's all under your information, then it's your income. She is unemployed or doesn't work (makes $0).

Right, I receive the 1099 (and it's in my name) and I pay the taxes on it.  Going off that I don't count it as her income, do I just put that she wasn't employed over the past 5 years then?

On.. the form?  We file jointly, technically she has 0 income because her YouTube proceeds are filed under my income.

Hi Everyone,

My wife and I are filling out the N-400 for her to apply for citizenship and we have a question about her employment.  She does YouTube videos for some extra cash but doesn't necessarily "go to work", she's been doing this for the past 10 years or so and on the form they ask for addresses.  Should I even include this? The income is technically mine because we use my tax information for Google, and if we do include it what do we do for addresses since we've moved a few times over the past 5 years?

Thanks!

Awesome, thanks so much guys, excited to start this process!

Hi guys,

I'm really not sure where to post this so if it's in the wrong place, feel free to move it.  My wife was approved for her visa in October, 2011 and we married December of 2011.  We couldn't adjust her status right away due to some financial issues but we did eventually and she was approved in July, 2014 and given a 10 year green card.  We were looking into her naturalization and I was mostly curious on the rules, according to the book you have to be a continuous permanent resident for 3 years and married to a US citizen for 3 years, did her permanent residency start when we were married or when she got her green card?  Does the delay in us getting her adjustment of status complete mean that we have to wait until July of this year before applying?

Thanks!

Brandon

Hi there! I used my married name in all my AOS forms since that's the name that I want to be printed on my green card. It's really up to you. Personally, I'd go for the married name.

Just make sure that you have some form of ID with your married name or your marriage license with you when you go to get your biometrics complete. When we filed for my wife's AOS, we used her married name and when we went for her biometrics appointment, neither her US ID nor her passport matched the name (because of her maiden name), so we couldn't prove that she was who was listed on the letter. So we had to drive back home (50 mins) to get our marriage license. Apparently USCIS hadn't updated the information in the system for us to her married name yet.

Thanks for all the info everyone, so helpful!

We had a new medical done, if I didn't do the I-130 will she still at least receive a 2 year GC? I wasn't aware we needed to file that as well for AOS. We don't plan on leaving the state, she is too afraid.

Thanks,

Brandon

Thank you so much! Such a good feeling to get reassurance, we actually already mailed, USCIS *should* receive today, I just wanted to make sure we didn't miss anything. Although now I'm thinking I probably should have asked before mailing but we just wanted to get it done.

Thank you again.

Hey everyone,

I've been googling for quite some time now and the only references I'm finding based on this topic are people coming from employment visas and filing for adjustment, so sorry if this is a duplicate.

My wife entered the US on Nov 11, 2011 with a K1 visa, we got married on Dec 10th 2011 we were planning on filing for Adjustment of Status immediately but I ran into some financial hardships which used up almost all of the money that we had saved up. To make a long story short, after 2 years we are finally able to adjust her status and I remember reading a post before about forgiveness but I am wondering if there is anything that we need to do for this to happen or if they just receive our packet and figure it out themselves.

I am kind of worried because the more I search, the more I read about people being denied (but again it was mostly people with work visas not family).

Also, since it has been over 2 years, does she have her conditions lifted automatically?

Thanks,

Brandon

Thank you, that is all I needed to know.

He has a way of making others feel not so adequate.....just his personality.

I thought we already did answer your question...

Or do you have another question on your mind?

Well I just wanted to clarify that I did not do the original affidavit (I-134?) for her to come here, so my past income tax returns are no good that's why I was waiting until next year, but if I can do it just based on my current salary, that would be amazing! I just wanted to make everyone aware that my past tax returns are no where near the poverty guidelines because I was in school, and I wanted to double check that it was still okay.

Again, I appreciate everyone's help.

Apparently, you haven't taken much advantage of your 18 month membership here. This is commonly discussed.

Since the fee for filing AoS is not cheap, I just wanted to make double sure that what I was doing was correct rather than throwing money away. But thanks for your help, if anyone could answer the question I would greatly appreciate it.

Thanks for all the great info guys! I also want to let you know that I did not sponsor her for the visa portion, a friend of ours did. I did not make enough money originally to sponsor her as I was in school. My current job though is well above the limit, so should I be okay with that? I just assumed they would want the tax return because my prior income was not good enough. I just wish I would have known this earlier so that we could have adjusted her already

Thanks again for all of the info.

Greetings fellow VJers!

My wife has been in the US now since November after a long 8 month journey for her visa. I just had a couple of questions when it comes time for us to file for her AoS. From what I've been reading since we didn't file initially, she will get forgiveness when she goes to apply since she is technically out of status. My parents originally said they would sponsor her and then when she got here they backed out, I didn't make enough last year to support her because I was in school full time. We are waiting until my next tax return comes so that I can sponsor her. My question is I have had my current job since November of 2011, but I got a better offer and might be changing jobs, is that going to impact the I-864, and should I wait until she is adjusted before getting a new job?

Thank you very much,

Brandon

Hey VJers,

I have a question for any Brazilians who have had their interview. According to the consulate website, they want 3 different police certificates, are all 3 required and where do we get them?

Thanks,

Brandon & Renata

Current income is more important. He still has to claim 2 children, himself and the fiancee. Family of four. If he makes enough for that, you are good to go. If he gets child support he can clai, that as income also even though it is not on his income tax return, just document it.

Same as the sponsor, I-134 and supporting documents and proof of citizenship or legal residency.

Yes, he makes more than enough for a family of four, we were just worried about his past, we emailed the consulate to make double sure but they are taking forever to respond. Thank you so much for your help!