Em Z

I understand no abuse is acceptable - ever. Please don't mistake my writing "only" as if I'm downplaying anything.

We are taking a look into the information you guys have provided. Thank you, so much!

yes it is possible. there is something called vawa. look up i-360. it only applies if u had abusive relationship. if you go this route you dont need any sponsorship or i864 affidavit of support. all you need is a marriage certificate. some evidence of abusive relationship and you can get your green card in 6-8 months

The physical abuse has only been once. She has evidence of that, but I feel like it just isn't enough. he's more of the emotional abuse and manipulation. Does this count??

The physical abuse just happened yesterday, but it was really only a matter of time. She sent me pictures, and she recorded the conversation where he threatened to choke her.

There are no police records, and she's afraid to do that because of custody issues, immigration, and for fear of what he will do.

We will look into VAWA. Thank you!

But is this process even doable?

He spends all of the money they have, so it'd be really tough for her to get to a lawyer only for them to say "nah, you're SOL."

i suggest to contact a Lawyer .

I kinda completely forgot about this thread.

I appreciate all of the responses. It does seem like what we've *known*.

Thanks!

Please bear with me, as I'm writing on behalf of a family member.

1 year ago yesterday, she got married. She was a couple of months pregnant at the time, and they now have a little baby girl. It has been an extremely hard year for her, as he has been cheating, has been mentally and verbally abusive, and has begun to become physical as well.

She has not filed for AOS because he refuses to sign. He has thrown her paperwork in the trash, has said he will never sponsor her, and wants her to be deported so he could keep their daughter.

Is there any way to still file for AOS without his signature? Or somehow get a kick start on things?

Hello, bear with me!

My sister came to the United States as a teenager 15 years ago with our mother under a tourist visa. She was pregnant at the time. She had the baby 5 months later. For some reason or other (and I don't know why, I was really young), we overstayed our visa.

2 years later, my sister was driving to Michigan and ended up crossing the border to Canada by accident.

Canada kicked her out.

She wasn't here legally in the US, so the US kicked her out.

It's been 13 years.

She has tried a handful of times to get a visa to come back, but it has been denied each time.

Her son came to reside with my mother in the US a few years back because she couldn't take care of him in Brazil.

I have become a citizen through marriage.

Our grandmother also resides here and is a citizen.

Our mother is a permanent resident.

Now. They have stated that the reason she is being denied a visa is because she has willingly admitted to being a US citizen when she is not (when she entered Canada). But she never did. I believe there was simply a miscommunication and she had stated her son was a citizen. She visited the embassy and they stated filing for a waiver.

Can someone point us in the right direction?

The waiver I found is form I604.

After filing this waiver, how can I, or my grandmother, or my mother, sponsor her to SIMPLY visit?

She has no intentions of staying. And from what I can see, they don't like approving these things because of ties in the US.

I haven't seen my sister in 13 years. I have children and it makes it rough to visit Brazil. How can I get her to come here for a month or so to visit??

A false claim of US citizenship, such as on an I-9, would be a lifetime bar from the US for which there is no waiver available.

USCIS can and have subpoenaed I-9s from people's employers before, particularly when they have a long work history but lack employment authorisation, to see if they have wrongly asserted to be a US citizen.

She did not claim to be a citizen.

Her employer fully knows of her status.

Follow up question:

Since we are now using a co-sponsor

Part 1, section 1.e, I (the petitioner), would be considered the "first" of two joint sponsors, correct?

Part 3, "I am sponsoring the principal immigrant named in part 2",

Yes or no "applicable only in cases with two joint sponsors"

But if we are having a co-sponsor.... Would it be NO? But wouldn't YES make sense either way?!?

And does the co sponsor need to file a whole new I-864 or only an 864A (like my husband, who's income I'm using because he's a household member?)

When did your mother marry your step father? And are the step father and sister currently in the US?

good luck

They got married in 2004. They're both in the US residing with her.

Hello!

I recently became a Naturalized Citizen and am currently applying for my mother.

She came in as a visitor and her visa expired.

We are getting together I130, I485 and its subsequent applications/forms.

I was hoping someone could help me with her application in terms of her husband (not my bio father) and my sister (currently 17, unmarried, in school)

Do they "apply" with her application? Or are they only eligible to apply for AOS (same situation as hers for both) when she is eligible to become a US citizen?

And if they ARE able to apply with her? how do we do that? Is it I-130/485 (same as all hers?)?

Her income is not from a legal source, and so cannot be counted on the I-864.

Hopefully she's been paying her taxes.

She has

I guess it's only considered "not from a legal source" because she's not here legally?

We've found someone to co sponsor, though, luckily.

It won't be an "issue" that I personally have no income, right? I'm aware I'll need to fill out 864A for my husband since I'm using his income.

Ok, just saw your other post. She came on a visitor's visa, so how is she working legally in the US for the last 10 years making more than your husband?

Only legal income can be used on the I-864. If she is residing with you and her income is legal and she can prove it will continue after becoming a permanent resident, then it can be used on your I-864. This does not seem to be the case though.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

She has been working. I'm honestly not sure. She got the job, told the company, and they were fine with it.

So then in this case we will need someone else to file as a sponsor as well since mine and my husbands is not enough?

Her visitor visa expired and she stayed in the country

But she has had an "official" job with the same company all this time.

What visa is she adjusting from? She is in the US and working legally for the last 10 years?

^^

Filing I-130 for my mother along with 485.

I have a family of 3. I don't work and we rely on my husbands income. Which doesn't seem to be enough for our family and her under the guidelines. Can we use her income? She makes a lot more than we do and has had this job for over 10 years!

Bump

Bump

We were fine

My son stayed in the car because I personally know how he is LOL

You can get TPS for Brazil?

I'm sorry, TPS?

Hello!

I recently became a Naturalized Citizen and am currently applying for my mother.

She came in as a visitor and her visa expired.

We are getting together I130, I485 and its subsequent applications/forms.

I currently have a few questions regarding I485 I was hoping someone could help me with.

Part 2: I am applying for an adjustment to permanent resident status because:

I believe the answer is A: immigrant petition giving me an immediately available visa number that has been approved.

Which in assuming is form I130 which is what I'm attaching with this. Correct?

Part 3, section B

List spouse and children

Spouse does not have A number. But is it advisable to "apply" with her? Or does he need to wait for her to have an AOS completed in order to apply?

Child #1 was deported from the U.S. over 10 years ago. Proceedings gave her an A#. Do we enter that? Is that really an A#? LOL

Child #2 recently received a temporary status due to Form I821 and has a SSN and DL. Was also assigned an A#, so I'm also assuming we enter that. Do we also put that she's "applying" under this application as well? Or is a separate application necessary?

Child #3 is me. am I applying with her because I'm sponsoring wth form I130?

Seems it for now!

Thanks!!

Hi!

Passed the interview two weeks ago and my oath ceremony is tomorrow! Yay!!

My mother came from out of state and wants to attend.

Concern is, she does not have any USCIS status. She is worried about entering the USCIS building. She only has a Brazilian passport (with her expired Visa on the back) as an ID.

Will this be an issue? Should she go in? Or just wait in the car?

Also, thoughts on children attending? A 2.5 year old....

Banker husband says that's a big no-no.
The might notice and send it back.

if the letter is in the mail, I would just wait for the letter stating the day. Shouldn't be too long. I've heard it can be quick or take months.

Hello all!
I was very late to get on the ball. My 3 years (marriage) was on Sept 7 and I filed my N-400 on around Sept 23. So it has been about 3 weeks, and I have not received any letter stating receipt, etc. I recall getting notices where they stated they received my paperwork for my other forms... I'm so confused! I know they "Received" it as I did it Express and tracked it.

is it supposed to take this long?!

I filed for Nebraska for military purposes.

TIA

Ez, is it 'court ordered' support or is it voluntary support that you pay for the stepchild? If it is court ordered then I would think you need to show that you are paying as ordered.

It is court ordered support.

I'll just attach all of her info, etc, to be safe!

thanks!!

Hello!
In the process of applying for citizenship. In one of the files, it states:

Evidence of your financial support (including evidence that you have complied with any court or government order)

I have a stepdaughter. She does not live with us. obviously this is not my biological child. But we have partial custody, and we pay support. Do I have to include this information?