grrrrreat

no way.

for one person, yes.

Sorry is this based on the poverty guidelines or an assumption?

I see. The documents themselves say they must be signed in front of a consular officer. So how can I send them in if I cannot sign them? Confused...

Probably send them in, then wait for appointment, go to appointment, the CO shows you the documents you previously mailed, and you sign them in front of him?

I apologize if this is in the wrong place here on the forum! Wasn't sure where to ask. I received confirmation that my foreign born daughter (She is a US citizen through me, we are getting the passport as proof) can apply for her passport while we are in the us. Her father is Norwegian and will be staying in Norway until we start his immigration process. To get her passport Im assuming we need him to fill out the consent forms and have them notarized in Norway and sent back. Is this correct or can I do this without his consent? It's not a problem if we need to of course Also one confusing thing for me is that a passport seems to require a SSN but to get a SSN, you need the passport to prove citizenship. Can I apply for the passport without a SSN for her? All the other needed documents to prove her citizenship through me (a born USC)are ready.

(Please don't ask/criticize me about CRBA I didnt do it and now its complicated! That's what I get. I know. But it's being worked out! )

Yes, you need to submit the statement of consent, DS-3053 from the dad: http://travel.state.gov/passport/forms/ds3053/ds3053_846.html. Also make sure you follow the passport application's instructions on how to establish the child's identity and citizenship.

I can't find any information about applying for passport without the SSN. I assume that it's possible, because embassies overseas regularly accept applications for CRBAs, passports and SSNs all at the same time. I would go apply for the passport and leave SSN blank, and explain to the officer that you need proof of citizenship so you can apply for the SSN. There is a slight chance they might ask you to go to the social security office and request a letter denying your application (which the social security offices can issue), but I would start with the passport office first.

By the way, how did your daughter get into the U.S. without the passport? On a Norwegian passport? Be aware that U.S. citizens are required to travel to the U.S. using U.S. passports, so you need to keep that in mind as you travel between the countries.

I am assuming that you are not married to the father. Read these instructions to find the requirements for proving your son's relationship to his father: http://travel.state.gov/law/citizenship/citizenship_5199.html.'>http://travel.state.gov/law/citizenship/citizenship_5199.html.

You may need to have the child legitimated under the laws of the country where you are. This can mean that the father acknowledges paternity and agrees to support him, or else you may have to sue him in court. In the U.S., this usually takes the form of a paternity suit. You need clear and convincing evidence that the US citizen is the father (blood test?), so it can take some work and perhaps a lawyer. Good luck!

The link didn't work? http://travel.state.gov/law/citizenship/citizenship_5199.html

Sorry I just realized you are applying for K-1, so disregard what I said about suing the dad as he presumably will be helpful. Here is some more information from Embassy Moldova regarding the CRBA. You can probably ask them what exactly they need.

Also, take heart that if for some reason you cannot establish your son's citizenship to the satisfaction of the embassy, the dad will be able to petition for the child as an immediate relative alien for an immigrant visa. Then, as soon as the child sets foot in the U.S. to live with his dad, he will become a U.S. citizen under the Child Citizenship Act automatically.

Hi guys ! I have almost the same problem. I need an advice please. I have a son from U.S. citizen. But his dad is not listed in any documents. In my son's birth certificate there is only my name, nothing about his dad. Now we want to get to USA with fiance visa (k1/k2). Is it possible or do we need to get through CRBA? No document says who his father are !!! Please help!

I am assuming that you are not married to the father. Read these instructions to find the requirements for proving your son's relationship to his father: http://travel.state.gov/law/citizenship/citizenship_5199.html.'>http://travel.state.gov/law/citizenship/citizenship_5199.html.

You may need to have the child legitimated under the laws of the country where you are. This can mean that the father acknowledges paternity and agrees to support him, or else you may have to sue him in court. In the U.S., this usually takes the form of a paternity suit. You need clear and convincing evidence that the US citizen is the father (blood test?), so it can take some work and perhaps a lawyer. Good luck!

I am assuming that you are not married to the father. Read these instructions to find the requirements for proving your son's relationship to his father: http://travel.state.gov/law/citizenship/citizenship_5199.html.'>http://travel.state.gov/law/citizenship/citizenship_5199.html.

You may need to have the child legitimated under the laws of the country where you are. This can mean that the father acknowledges paternity and agrees to support him, or else you may have to sue him in court. In the U.S., this usually takes the form of a paternity suit. You need clear and convincing evidence that the US citizen is the father (blood test?), so it can take some work and perhaps a lawyer. Good luck!

The link didn't work? http://travel.state.gov/law/citizenship/citizenship_5199.html

Would'nt they say something at POE if that was a problem? Because as far as I know, they didn't mention a thing to someone I know. Thus, I said they also might not have a problem. The scenario could be different with the person I'm talking about because he (also child) just became US citizen at the time they left country to travel (and therefore didn't have enough time to apply for passport). When they returned, he entered as usual, no questions asked.

In the OP's case, they still have a lot of time to obtain a US passport before their travel time, and therefor, I would also suggest they get US passport just like everyone else suggested.

Not always. Just because the cop doesn't catch you stealing a cookie doesn't make it not stealing. The law says that US citizens must travel to the US with a US passport, so that's the end of story. Stop overthinking it.

Imagination,

your ignorance of the law is so painful that I will not even respond in detail. It's like you want to explain to a cardiac surgeon how to measure the pulse.

Please do not give advice if you don't understand even the basics of the subject matter. I already forgot more about acquiring U.S. citizenship, multiple citizenship, loss of citizenship, and the Child Citizenship Act of 2000 than you will ever be able to comprehend.

This is harsh. I'm new to the board and want to be helpful and can be based on my knowledge, but it's hard to want to stay with the lack of cordiality.

You assumed incorrectly. Best to read carefully and "conclude" rather than "assume". The OP is the foreigner. Foreigners apply for visas. US Citizens file petitions. The errant interchanging of the terms "apply" and "petition" tend to cause lots of confusion. The couple married but the foreigner left the USA without filing to adjust status. As long as they left before their 90 days was up, no worries. They'll just go through a CR1 process. It wouldn't be IR1 unless they delay it so the visa interview is after the second wedding anniversary.

But I didn't mess up "apply" and "petition", and I already noted that the original question was difficult to understand? I only said that the foreigner can "apply for adjustment of status" or "apply" for the visa, I didn't say anything about petitioning for anybody? I specifically said, if you got married on the K-1 you're fine you can AOS, but if you didn't get married on the K-1 and are now applying for a CR-1 based on marriage to a different USC, you might have problems.

I'm trying to figure out what misconception I might have raised, but I think everything I said was accurate.

What packet needed you to include the NOA2? It should have been mailed directly to you after your I-129F was approved to let you know of your approval. A copy of it shouldn't be needed for anything until now, when filing for AOS. Be careful never to give out any of your original documents. They most likely will never be returned to you.

Adjustment of status application requires a copy of the NOA2 for K-1s. I see above that someone at USCIS may have waived the requirement for someone, but I wouldn't be surprised if you got an RFE. The requirement is on page 4 of the I-485 instructions, under 12(B).

What packet needed you to include the NOA2? It should have been mailed directly to you after your I-129F was approved to let you know of your approval. A copy of it shouldn't be needed for anything until now, when filing for AOS. Be careful never to give out any of your original documents. They most likely will never be returned to you.

Maybe they put it into the visa application stuff, although I don't think it's required? I agree, keep originals of everything received from USCIS and only give out copies. Keep extra copies of everything.

My post clearly identifies that the process is *perfectly legal* If you read my post more closely, I am merely stating that although it is legal you do not know what kind of immigration officer you will get and what kind of questions he will ask, so, why even take the chance of having to explain your true intentions? This is what I meant. My intention was never to portray that there was something wrong with it.

I did read it, and saw that you noted it was perfectly legal, but you also said that it could be "misconstrued as immigration fraud", which I disagree with. Anything can be misconstrued as anything I suppose, but it's unlikely in this case and isn't a good reason to choose one route over another. If you are a CO, and you are examining someone who has been petitioned as an immediate relative of a USC, and the immigrant also discloses that they intend to marry another USC, there's absolutely no reason that would cause you to deny the visa. And, contrary to what some have stated, there's no rule that the beneficiary of an immediate relative or family preference visa has to live or even spend time with the USC family EXCEPT for spouse or fiance visas. There's actually LESS risk of fraud for IR or family preference visas than for spouses/fiancees, since no proof of a "bona fide relationship" is required.

As others have said, the poster probably only qualifies for a K-1, which would be as fast or faster than any IR or family preference category anyway, so that's the route. I am a lawyer and I just didn't want others reading to get the impression that it's somehow fraud or could be construed as fraud to come to the U.S. on an immediate relative or family preference visa if you do not plan to live with that family or plan to live with or marry someone else.

Here's the question my friend wants to know....

When I was 19 (in 1991), my mother petitioned for me as an unmarried child of a Permanent Resident. At that time, there was no visa number available for me. Then, I turned 21, “aged out”, and then I married when I was 27. When I married, my mother was still a Permanent Resident. This disabled me from benefitting from adjusting my status based on my mother’s Permanent Residency. However, she just became a US Citizen not too long ago.

I would like to know:

**Can I take my mother's Naturalization certificate to Immigrationa and ask them "upgrade me" to Married Daughter (over 21) of US Citizen, now that my mother is a Citizen?

**Can I go ahead and apply for Adjustment of status, based on the approved I-130 from 1991? (Visas are now available for me in this category).

Thank you.

I guess the problem is that you actually need to update them twice: (1) once for your marriage, which took you out of all relative categories, and (2) for your mom's citizenship, which puts you back in the F3 category. Generally, your priority date is lost when you get married, and if you had updated them I suppose they would have rejected your I-130. I suspect if you tell them now, they will do the same thing, even though you will be eligible for F3 status with a new I-130 and priority date. I would ask an immigration lawyer, sooner rather than later, because if your old I-130 is invalid, you will want to file a new one and get a priority date ASAP.

thanks , it was really helpful. What should be the be the extent of civil ceremony? can getting married in court and then throwing a small party would work? what would make it a bonafide relation?

The ceremony isn't important. Civil ceremony and party sounds fine. The marriage is more important. They will want evidence that you are a bona fide married couple, which is why I think it is important for you to live together.

Appreciate inky and grrrrreat for reply to my question.

as my past three years income I believe is above 125% proverty line.

For 2012 I already made $10,000.00. If I don't have a job for the rest of the year so I am not meet the proverty line for 2012.

by the way. My unembployment benefits also count as my income right?

Thanks,

Felimida

Yes, you can include unemployment benefits as part of your income if it helps you meet poverty guidelines. Eventually the benefits will run out though, and it may be awhile before you are ready to file I-864.

Had the same question. We have the same Control No. and Expiration date.

Doesn't mean anything, see above.

or maybe copy os all my 1099's for past 3 years rather then tax returns

No, you'd need both.

H-1B is a dual intent visa, so you won't have problems with marrying a US citizen and coming back with the H-1B. If you do decide to take the AOS to GC route, and if you are able to get married here in the US in a civil ceremony pretty quickly, you shouldn't have any problems with being able to travel to India in December. Most likely, assuming you won't get any RFEs or other unexpected delays along the way, you should easily have the GC by December is you're able to file in the next month or two. Even if for some reason your AOS has not been completed by then, you will have the AP travel document whih will allow you to travel internationally while the AOS is pending.

It doesn't seem to me that you have overstayed your previous status - if I understood your post correctly, you are still working under OPT, correct?

On the other hand, H-1B won't cost you anything - it will cost your employer. Like grrreat noted, you can take the H1-B now and then pursue to file for AOS on your own time schedule, without having to worry about pending travel plans or having to go through the civil ceremony in the US. Just make sure the position you would be hired for isn't subject to the H-1B cap - if it is, then you should get busy with filing for the work visa. My understanding is that the cap gets filled pretty quickly.

I agree with all of this. I would just point out the risk of trying to get married civilly in the U.S. and then adjust status if the couple isn't living together. I would deny such a petition if I were the CO.

Now if my household size is 3 will my income of 27000 be enough?

You need 125% of the poverty guidelines. Check I-864P: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73c63591ec04d010VgnVCM10000048f3d6a1RCRD

hello VJ family,

I have a question about AOS form I-864EZ, I co sponsored a couple last year, one is USC and the other was living here elligally and the USC income was very poor so I was asked to support him to file their petition, they went to the interview and were approved 2yr conditional card, my question is do I still have to count them on the form? I remember their attorney told me last year that since both of them are living here in US it will not affect my petition for my wife, because I knew I will be filing for my wife this year. my income right now stands $27,000 and I have no other dependants.

any advice is much appreciatted.

thanks

The lawyer gave you bad advice. Your obligation to the alien you sponsored continues until they (1) become US citizens, (2) work for 10 years, (3) lose LPR status or leave the U.S., (4) is deported, or (5) dies. As long as you have an obligation to the sponsored alien, you have to include her as part of your household size.

Someone can correct me if I am wrong but I believe you should be fine because she is AOSing from a K-1. You sent your part already in the I-129F, when you were required to submit your documents. The I-485, I-131 and I-765 are her applications and I'm almost certain they did not require the USC's documents. Were she adjusting from another visa, the I-130 would be filed concurrently and that would require documentation from the USC, but that is not your case.

I think this is right, the I-485 is connected to the I-129F, which should have that information. I'm sure this is why they require you to send in the NOA2 from the I-129F when you adjust status.

Hi,

I am in big dilemma,I came to us on jan 2009 to pursue my master's, graduated in December 2011 ,got my OPT ead in march 2011, since then I am working on OPT(STEM approved).Now my employer willing to sponsor my H1B and meanwhile also my fiance just got US citizenship(had oath last week) and we are planning to get married in India in December 2012.

so what would be best for me to change my status before going to India for marriage . should I do court marriage immediately and apply for GC now or let my employer apply my H1B?I cant miss the my trip to India in December as all arrangement has been made for the marriage.

I can't plan a big marriage in US, so what I need to do to make it look bonafide relation? we cant live together before Indian marriage .I do have multiple pics together since 2009 but they are not dated.

Really appreciate your help.

Thanks

Shashi

This is really a personal decision I think. Do you want to get married and live as a married couple now? If so, getting married and adjustment of status is the right route. However, you may have problems proving bona fide marriage if you aren't living together. If I were a USCIS interviewer and I discovered you weren't living together, I would have serious questions.

If your employer is willing to sponsor you for a H1B, and is confident you can get it, then that is also a good course. You would be free to travel to India, get married, return on the H1B, apply for adjustment of status, and keep working until you get a Green Card. This is a less risky route if you aren't willing to live as a married couple.

I am wondering how detail should sveta's docs be for when she goes to kyiv? as it stands now the folder has 31 tabbed dividers and i have almost everything in a different divider ie each of past 3 years of taxes in a tabbed divider for each year and so on this an over kill? index is like this

i-129f petitions form

letters of intent

birth records

bank records with past 12 month deposits

receipts ( misc )

flight records

phone logs

sms logs

2009 taxes

2010 taxes

2011 taxes

letters of employment contracts ( as i am a contractor )

divorce 1

divorce 2

emails

support to sveta

support for sveta thru 3rd party

last is relationship photos

is this an over kill? as of now the whole folder is 2 inches think and will be adding more as interveiw draws closer for updating

If you can get tax transcripts from the IRS instead of using the tax returns, it's preferable. You can get them online for free pretty quickly. If you do use the printed tax returns, you need to include all schedules and supporting documents (i.e., 1099s).

I am going to give you a plain and simple answer. Go the K-1 route. It's simple as that. Go the K-1 route and absolutely positively *forget* about the family members route. Reasons are many-fold:

1. His true intent for coming here is not to be with his family but to marry you. Although perfectly legal, it can still be misconstrued as immigration fraud. You never know what kind of consular officer you will get and what kind of questions you will be asked. Don't chance it. Go by the book.

2. Your boyfriend is most definitely unmarried and more than likely over 21. In this regard, he will fall into the I-130 category of "Unmarried sons and daughters of U.S. Citizens over 21" This category is NOT immediate like the spousal category. I quickly searched the California Service Center statistics for the above (just as an example), and they are currently processing applications for this category with the priority date of January 13, 2010. They're processing applications that were filed over TWO YEARS AGO.

Conclusion: K-1 visa is best for you, IF you truly intend to marry your boyfriend within 90 days of his arrival.

Please stop giving the advice that there's somehow fraud in using the relative petitioner route to LPR status when your true intent is to marry. There's absolutely no rule about using either one of two available routes to LPR status, and nothing prevents anyone seeking LPR status through a relative when their true intent is to marry. Obviously you have to answer truthfully, so if you are asked about your intent to marry, etc., you have to disclose, but there's absolutely no problem with this. However, the point stands that in this circumstance the K-1 will be faster than any other route the poster has.

For 2, I didn't catch the poster say his father was a USC, so I'm not sure if he even qualifies there.

Again: That is not the true Intent. I would just not fell right knowing that a family member petitioned and the real story was to get him/her in the States when the real intent was to Marry.

Thats just my thought.

Unfortunately, I think you are a little confused. If you have two different routes to LPR status, you can choose to either one of them. There's no rule about being sponsored by a relative even though you intend to marry a U.S. citizen once you get here. And LPRs are allowed to marry whoever they want. There's no fraud or misrepresentation here.

Hello again dear visajourney-family!

First and foremost, this forum keeps me together in so many ways. Thank you all for helping out with answering my questions.

To make a long story short: Me and my fiance's application is approved, I got the checklist from the embassy a month or so ago and we have almost everything that we need to send it back in and ask for an interview. The last things needed now are regarding the affidavit and our proof of relationship.

In the documents sent to me regarding what an affidavit should include, it says:

"An expression of willingness to deposit a bond, if necessary, with the Immigration and Naturalization Service to guarantee that the applicant will not become a public charge and an acknowledgement that the sponsor is aware of his/her responsibilities. That the affidavit is binding upon to sponsor for three years and that the affidavit and supporting documentation may be made available to a public assistance agency."

I shortened it a little bit.

Question 1. Would a document (signed and dated, of course) saying something like this suffice?:

"I, name here, would be willing to deposit a bond, if necessary, to make sure that beneficiary's name here will not become a public charge in the United States of America. I realize that the affidavit is binding for three years and am more than willing to make affidavit and supporting documentation available to a public assistance agency, if needed."

Question 2. It also says "sponsor should include a statement concerning his/hers status in the United States." and then they specify things to include if you're an american citizen or if you were naturalized or an lawfully admitted alien. He's a citizen since he was born in the states. Do they want a document saying "I, name here, acquired my citizenship through birth in the US on date here, location here." ?

Sorry if I'm overthinking all this.

Question 3. We skype all the time, an hour a day at minimum. A Skype log list on all of those calls for a couple of months back will be very long and hard to get a good summary of. Would 4calls/month be enough and then maybe a letter going with it that explains it all?

Question 4. We don't talk a whole lot through e-mails. But we do text alot. Are they legit as evidence if you go through some of the apps they talk of in other forums (where you can apparently get all the information about who sent it to who etc.)? Guessing printscreens from my iPhone won't do?

Once again. Thank you all for taking the time to help me calm my nerves and figuring this whole thing out. It really means a lot.

Any way you can post the form here? What embassy is it coming from? Usually the embassy wants the affidavit of support for K-1 visas (I-134 or I-864), and I haven't seen a request for the additional statement that they want. As far as the "statement concerning his/her status"--did you send his birth certificate or passport page already? Usually that's sufficient proof of status, but maybe they really do want you to write it out as you say.

Thank you again!!

One question: if he doesn't meet the income requirement, instead of using a co-sponsor could we use his savings?

I saw somewhere that if (for example) your minimum income requirement is 23000 but your current income is 20000 you can use your savings if they equal the difference between MIR and your income (3000) times 3 (9000). I might have said something very stupid (I apologize) but I just want to make sure I got it right. I don't really want to bother anyone to be our co-sponsor..

Thank you!

Yes, assets have to be three times the poverty guidelines if you're sponsoring a spouse or minor child. Only one time if you are sponsoring an orphan alien, and five times for everyone else. You can use assets to make up the difference between income and the poverty guidelines. Read the I-864 instructions, especially the last few pages, regarding how to use assets. There are additional requirements, like the fact that they generally have to be liquidated without financial penalty.