Jason and Shifa

What to do?
Pack.

1. You will be in big trouble if your second marriage is before the divorce date from first wife.
2. Even if you have marriage after your divorce date.....
And also, if your marriage is very close to your divorce date, THIS IS A BIG RED FLAG.
You are going to have an up-hill battle to bring her in US. Good Luck.

Poverty Guidelines: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73c63591ec04d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
He doesn't need to be working full-time. He could be working part-time. He only needs to meet the income requirement or have a cosponsor that does.

Your lawyer is worthless for not knowing the basic rules of an I-864....specifically being signed and all joint sponsors must show they are a citizen or LPR in the US. Your blame on the embassy needs to be placed on the lawyer who prepared or reviewed your forms. Had they been done correctly you would already have your visa.
You said you called USCIS London? They aren't the interview people. USCIS has an office in London, but they don't do interviews and issue visas.. The embassy and interview people are part of the Dept of State, which is the number you called in the US. If you mean you called the embassy helpline, they have no access to your case details and are rarely able to help with details.
London will not require your mothers actual passport or birth certificate. It would go waaaay faster for you to make a good scan of her passport biographic page, email it to fiancé, he prints a good color copy and gets it to the embassy himself. He can do that by having the courier pick it up or just mailing to the IV Unit address.
Immigrant Visa Unit
5 Upper Grosvenor Street
London W1A 2JB
He should include his full name, LND case number and a note that the document was requested at his interview date of _____ to accompany the I-864 of his joint sponsor Mrs. Mary Smith. Also note that his passport has already been submitted to the IV Unit on [date]. Even if you don't think they requested it, just say that as a simple way to get across the point that he has indeed interviewed, the date, and that it is the last piece of evidence.
Question: Was he given a paper at his interview listing what was missing or why he could not be approved at that time? Ask him to read it and see what was listed. Or scan it for you to read the details. Is it possible he missed something?

Man proposes, God disposes.
We got married on the day we NEVER planned or never entered in our thoughts, never had any reservations or made any deposits.
Now, we are married for 2 years!
Hey... the visa process is VERY unpredictable. Anything can happen to you or your fiance in between.
Suggestion:
Make reservations and deposits that YOU can change without additional fees.
Hope that works for you.
E

We pulled this off in 2009. We knew it was risky but we took a chance. Worse case scenario, you move the date and lose your deposits. Risk it or don't, its up to you and what you're comfortable with.
What part of Canada is your fiancee in? If she is in the west she will interview in Vancouver, which is very quick. But if she is east of Manitoba she will have her interview in Montreal. Montreal can be painfully slow depending on the time of the year and how busy they are... you may end up waiting 3 months for an interview date. So definitely watch time lines to give you an idea. If you wont make the date you will likely know months in advance.

SzhMli - You need to remember the following:
1. You are constrained by a 90 day window, once your fiancee is in the US.
2. You are dealing with the slowest office of USCIS.
3. You don't know what problems, challenges or delays might alter the timing.
My advice is to - Get your deposits back so you can sleep at night - work solely on the issues that need to be worked on to get your fiancee here - go to a Justice of the Peace when your fiancee arrives - (every city has many of them) and get legally married to meet the requirements - while planning the best wedding in the world together.
This will take the pressure off of you - because it is a fact - you don't know when you can have that big wedding yet!
Good luck to you!
Stephen and Ann (together in God's timing)

No, grandparents/ in-laws have no petitionable relationship.
The USC son, once 21, can petition his mother.

Thanks Guy.
So after much discussions with my Fiancee we will try for the marriage visa but I have to restock my savings account back.
The only concern I have is what do I need to do with this petition? I am assuming that since they made an allegation of non bonafide relationship that I need to respond to it at some point.
I'm a little bit saddened and disappointed with the process but I'm not going to let negativity take over me.

damn really sorry to hear about this....
personally I think your best bet is to get married and file spousal visa

Sorry, I didn't mean husband employed but rather you the sponsor.
So you show $10k on 2011 taxes and because it's self employment, there's not a way to show current income like an employer letter or pay stubs. So all they have to go by is the 10K.
There's a couple of ways that are correct. If you would print an I-864 and follow along, it would make more sense.
FIRST WAY--
You the sponsor/wife

I-864
2011 tax return
On #21g you add 1 to your household size (Mom) in order to count Mom's money.
On #24b you list Mom and her income.
On #24c you total you+Mom $$
On #24d you put a check mark
Joint sponsor Mom

I-864A (that's like a permission slip for you to use her income)
2011 tax return
Another proof of her income is always good
Proof of her US citizenship (birth certificate or passport)

In addition to that, you must prove:

You and Mom reside at the same address, ie household members (photocopies of both driver licenses is good proof)
You and Mom are related as stated in the instructions (photocopy of your birth certificate would show her name as mother)

A BETTER WAY if Mom makes enough on her own to cover her household size plus 1 (immigrant). If you aren't a listed dependent on income tax, then you don't have to be counted in household size.
You the sponsor/wife

I-864
2011 tax return

Joint sponsor Mom

I-864 (note--no A on that)
2011 tax return
Another proof of her income is always good
Proof of her US citizenship (birth certificate or passport)

The second way is easier because no residence to prove or kinship. And I'm wondering if you included the extra bits on #21 and #24 on your form for the first way to be accurate. The only reason anybody needs to do the first way is if you didn't make enough and Mom didn't either. It's a way family members can pool their money into one pot to get over the threshhold.
And I can't believe I've just spent all that time explaining something your paid attorney should have known and done for you.
Buy me a Starbucks please, next time you're in town

So you were married to a US citizen, you got separated, she told USCIS in August that you married her for benefits and now in October you are planning to marry a different American? Are you in removal proceedings? What visa did you come on? You need a GOOD lawyer and STAT. You have very little chance at getting a green card on your own because you have a ton of red flags that make it look like you are searching for a GC.

i would like to share some good news with people in this forum and at the same time give some advice to people that are still waiting.
our case took almost 4 years from our marriage to getting the visa. the i 130 was first returned to the uscis which sent us NOIR, then we sent more evidence but the uscis still denied the case because mainly i have not visited my husband. so we filed an appeal to the immigration court of appeal which advised the uscis to change its decision because it was baseless and dont have any reason to deny us.
then the USCIS REAFFIRMED the i 130 to and sent it to casablanca. my husband went for a second interview. the next day they called him and asked him to come over and pick his passport . at that time he was told that he needed a waiver. when i called the consulate they would not tell me anything except that the waiver is for misrepresentation. i came here to this forum and posted a post and almost everbody said to talk to your husband and he should khow. i talked to him so many time and he could not recollect any misrepresentation. the majority of people that responded to my post were saying that if the consulate says it is misrepresentation it is misrepresentation and you need to file asap. i could not accept it because it does not make sense so i kept e.mailing and calling the consulate to tell me exactly what is the misrepresentation. tell me what did my husband do that you classify as misrepresentation. ( just fyi it cost 4500 dollars to file for a misrepresentation) . i kept e.mailing and calling and finally they e.mailed me back saying that they are reviewing my husband's case and are in the process of fixing the problem. i sensed that they have no proof and that it was a mistake so i contacted my senator and a week later they called my husband and asked him to bring tax forms and the physical. 2 weeks later they called him and told him to come pick your VISA.
the bottom line is : 1. dont give up
2. don't take any decision by the consulate for granted and ask questions and ask them for the reason why they made their decision. it is very likely that there is a mistakes somewhere.
3. for people that respond to posts, be supportive and be openminded. nothing is set in stones and every situation is unique.

It is the original Disk Operating System created for the IBM PC using the Intel 8088/8086 microporcessor.

I don't believe that anyone would lie about their status if it was denied... I think there's a kind of mix up somewhere, otherwise, who amongst our member here is the alleged lier? There might be a sudden change and maybe the individual was tired of sharing? Maybe after some deeper such a person wanted to move on to the next level by coming back to get the strength need to continue here, I don't know... But I am not holding brief for anyone that tell lies... But I feel nobody can claim approved when denied actually, it make no sense at all... Let's verify our facts and continue to help one another... Moreover, this forum is mostly anonymous posters, hence nobody really get to meet you unless you choose to be fully identified... I hope we can focus on more realistic issues rather than trying to insinuate that some people are lying... The help I got from people here in this forum made me believe that people here are truthful and not liars... May God bless all

I agree with you on the spending more time together first before getting engaged and married.
But as far as your OPINION of us Muslims being the "worst example" of not adapting to the local culture, you are way off. Why is it that in America, my own country, I can't get some jobs because I don't speak are FOREIGN language like SPANISH, VIETNAMESE, HINDI, etc? Whose not adapting there?????????? Muslims? NOT.
Do you say that about the Amish, Mennonites and others like them from Europe who live in their own closed communities and don't use modern conveniences like electricity, cars, etc? How is that adapting to the local culture??? Do you have a problem with them, too? Probably not because they are Christian, so they are OK with you.
And what about in the early immigration days of this country, in the early 1900', when each nationality stuck together in their own communites and neighborhoods, like the Italians, Irish, German, etc? Are they a BETTER example than us Muslims of "not adapting" to the local culture? Why don't you mention them? Oh that's right, most of them were Christian, Catholic, etc., so it's OK with you.
You obviously don't like Muslims, and will think of any excuse to bash us, but it's OK, it's your right, but remember we have a right to not like you either for our own reasons. Just because we as a group typically are not seen getting arrested for being drunk in public or wearing bikinis at the grocery store, and being conservative in behavior and dress, doesn't mean we haven't adapted to the local culture.

The VAWA can be used for men or women. It was called VAWA because women tend to be more likely to be abused by their spouses and especially women are more likely to be KILLED by their partners. http://www.americanbar.org/groups/domestic_violence/resources/statistics.html
Wow. The act was NOT a "pay off to feminist and man-haters", while it is called the Violence Against Women Act, men can and DO use it as well to adjust their status!
This fact sheet from the USCIS specially uses language such as "he or she" and "spouse" rather than "woman/she" and "wife", so it is designed for BATTERED SPOUSES, it's not just for women.
USCIS Fact Sheet: Guidance for VAWA Self-Petioners
Women are more than TWICE as likely to be killed by domestic violence! I think this act was very warranted. Yes, it can be abused by some people, so it probably needs some refinement. But that's no reason to dismiss it and call it a law made by "man-haters".

This forum is for people to read and make comments freely about whatever subject is at hand. If a private conversation is what you want you should conduct it by e-mail or PM! And what profession do these people belong to that they are not adhering to the standards of?

gotta love people who start by saying never listen to anyone here, then render legal opinions as advice themselves.
Interesting to lump priests in with marriage counselors and unnamed state agencies. First of all immigration is federal, not state business. Priests aren't noted for competency in immigration matters, nor are marriage counsellors.
So perhaps the advice should be not to follow the advice of people who demonstrate they have no idea what they are talking about.

there is no need to chastise the OP, seriously. Not everyone here is an expert on terms and the process. If you read earlier posts it was already pointed out the difference between the 2. I will never ever understand why some people here feel the need to be condescending and sometimes downright mean. The OP came here to ask a question not to be spoken to by you like he/she is a child.

Ultimately, despite opinions from us VJers or other forums, USCIS and the information they have in their official website is the final and most accurate source of information. Below is a piece gleaned from the USCIS website, and I think you would be successful if you went for an infopass and applied for an emergency AP:
Emergency Advance Parole Documents
If you are experiencing an extremely urgent situation, you may visit your local office to request an emergency advance parole document. When visiting a local office to request emergency advance parole, you should bring the following items:

A completed and signed Form I-131, Application for Travel Document
The correct I-131 filing fee
Evidence to support the emergency request (e.g. medical documentation, death certificate)
Two passport-style photos.[/color]

How to File
To apply for an emergency travel document, you must file Form I-131, Application for a Travel Document, complete with supporting documentation, photos and applicable fees (see link to the right). See the application for specific filing instructions.
Where to File
Where to file the Form I-131 depends on the benefit sought. See the form instruction page for details. Your local office may accept an emergency advance parole application if you are experiencing an extremely urgent situation. Business trips, weddings, holiday parties, and other planned events would usually not be considered an emergency situation. If you are filing Form I-131 for an emergency travel document at your local office based on an extremely urgent situation, you are encouraged to make an Infopass appointment first. See link to the right, "Make an Appointment (Infopass)."
When to File
You must apply for the travel document before leaving the United States. Generally, an applicant for a travel document must also complete biometrics capture at an Application Support Center (ASC) prior to departure from the United States. Failure to do so may cause the applicant to lose permission to reenter the country and lead to the denial of any other applications pending.
You can CLICK HERE to read the entire piece.

It is very frustrating to learn that it took someone only 5 months to get approved without sending any evidence and after 9 months of waiting I was denied for lack of evidence . without any notice what so ever to send more. Now I had to file another form to reopen the case and send all evidence. And probably have to wait another 5 or 6 months. Very unfair how they accept some papers and not others. These forms are not the cheapest. I know it will be all worth it in the end because I love my Fiancee very much, but it's just very unfair. Just wanted to vent

Approved for what?
Can you fill out your timeline and profile?
What country are you from
What service center was your petiton sent
Are you living with your spouse in another country together?
Is it a fiance, spouse, tourist, child, parent or work visa?

Yep, there's a special set of "P" visas for international athletes, entertainers, etc.

He counts dependants. His parents aren't his dependants. You are. That's regardless of who you live with/where you live unless he claims anyone else as his dependants.
Household of 2, yes. 18.912,5 is the minimum.
Good luck and do a happydance once there's no more paperwork to be submitted.