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aayitrun

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Posts posted by aayitrun

  1. verbatim from the instructions:

    "If certain conditions are met, an intending immigrant’s income can help you meet the income requirement. If the intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or she obtains lawful permanent resident status. If the intending immigrant is another relative, there are two requirements:

    1. The income must be continuing from the same source after he or she obtains lawful permanent resident status; and

    2. The intending immigrant must currently live with you in your residence.

    Evidence must be provided to support both requirements, however, an intending immigrant whose income is being used to meet the income requirement does not need to complete Form I-864A, Contract Between Sponsor and Household Member, unless the intending immigrant has a spouse and/or children immigrating with him or her. In this instance, the contract relates to support for the spouse and/or children."

    for 1: you have to prove legality of income (h1b approval notice) and continuity (letter saying job is not contractual).

    for 2: you have to prove common residence: i used various utility and insurance bills that listed one or the other spouse with the same address.

    I recommend creating an 864 packet that is complete in its own right.

  2. The filing address for a stand-alone I-130 is different than the one used if you're filing it together with I-485.

    Check still hasn't been cashed. I'm scared I'm going to lose my job. Life is sucking right now. :(

    dont worry, my parent's packets were delivered 11/19 and 11/21 and their checks havent been cashed yet either. from what im hearing the average wait for cashing and noa1 date is 2 weeks. remember there was thanksgiving weekend, so there's some additional time gone.

  3. The petitioning employer must pay the fees and costs as a cost of business. No court will enforce a contract shifting the burden to the employee.

    isnt this only true for non-immigrant visas?

    im not sure, but maybe u can tell them to take the pre-agreed costs of GC processing out of your paychecks.

  4. ***** Moving from AOS from Family Visa to AOS from Work visa forum ******

    Since you are legally working, and assuming your job is stable and you are sure you won;t be let go, you will be fine on your salary. Submit an updated I-864 and I-864A as necessary at your interview.

    You do not file an 864a for yourself. When you are the immigrant in the sponsors household earning legal income, you just add it to the sponsors household income and attach a letter from your employer saying that your h1b job isn't a term contract but rather a full time position and a copy of your h1 i797 approval.

    I haven't been through your situation, but if I were you, I'd fill out a new 864 reading the instructions carefully and then let your sponsor quit the job if your income is over the guidelines which I think all h1 jobs are. My sponsor had no income and we filed purely on the basis on my h1 income. It's perfectly valid.

    Carry this new 864 and supporting evidence.

  5. I am currently filing out i 485 for my parents. they are already here on b2. they have never received public assistance on this or prior trips.

    Once they get their green cards, maybe someday (unknown right now) we may get some sort of state sponsored healthcare benefits or housing benefits. it's totally unclear at this point. Right now they are living with me, on my insurance.

    How do i answer the question on the 485 "or are you likely to receive public assistance in the future?"

  6. Curious if visitors had intent prior to entry, based on OP's post from two weeks ago.

    http://www.visajourney.com/forums/topic/615056-how-soon-after-naturalizing-can-i-petition-for-parents/

    Nonetheless moot now, as they're admitted on a B2.

    they entered prior to that post. they came to visit my newborn son and since it is their first grandson they want to see him grow.

  7. I-864, as strange as it sounds, don't account for your other parent on the forms. Neither is a derivative of the other. Separate I-864s, each accounting for only 1 intending immigrant in addition to your household size.

    So a person on the cusp of the limits could in theory exceed the limit by petitioning for too many.. seems so weird.

    I would list it as if they get one packet after another.

    list your mom as no other petitions

    then list your dad as having filed for your mother

    then list the next relative as having filed for your mom and dad

    of you still feel uneasy ship them a day apart so you know the order they arrive

    i guess that is one way to break the race condition.

  8. I am filing i130/i485 combined packets for both my parents who are already here on visitor visas.

    in the i130

    Part D.

    1. If separate petitions are also being submitted for other relatives, give names of each and relationship.

    answered on mothers with fathers name and vice versa.

    2. Have you ever before filed a petition for this or any other alien yes/no? if yes give name, place and date of filing and result.

    Since i am just sending both applications in separate packets on the same day via post, what is the right answer here?

    in the i864

    part 3

    i have not checked

    "I am sponsoring the following family members immigrating at the same time or within 6 months of the principal immigrant in part 2 (do not include any relative listed on a separate visa petition)"

    because both of them are on separate petitions,

    but then

    to account for number of people depending on me correctly, i have added 1 to part 5 (household size) where the question is

    "if you have any other dependents enter the number here."

    Do i need to attach some sort of affidavit explaining this situation?

    (i can easily cover them both as far as income is concerned).

  9. Petitioning for father, his mother's name is spelt differently on his BC vs his passport.

    How much of a big deal is this? It's probably impossible to change these documents.

    Do I need affidavits from other people or will a self signed one do?

    Also what about cultural name variations like the Indian addition of "ji" to middle names? He has one on his marriage certificate but not passport. Will a self signed affidavit do here as well

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