grrrrreat

hey everybody , my question is does co-sponsor work out or not ? my fiance makes a lot of money but she gets maid cach which means she doesnt pay taxes . thank you very much for your help .

So your problem is that as the petitioner, your fiance has to fill out I-864, even if she does not qualify to be your sponsor. The I-864 is going to ask about her income, and it's going to ask her to attach tax returns. Either she is going to have to disclose that she has income, but didn't file taxes, or she is going to lie and say she had no income. Both ways pose serious problems.

If you want to be successful in this process, I suggest you and your fiance get serious about her financial situation. You should consider asking her to file tax returns for the last few years that she missed. Not filing tax returns and lying as part of the visa process is criminal, and could very well disqualify her from petitioning from you. Being paid cash does not exempt you from filing income tax returns.

Hi All,

Do you know what is OMB number & expiration date? While I was checking our current case status for form I129F, I saw a notification below (in red) says: ''OMB control no. 1615-0080, Expiration date 6-30-2012''. Can you please advise?

Thanks

It's just the number of the particular form used by the U.S. government, and the expiration date is the date that the form is due to be updated, although it doesn't always happen on time. It has nothing to do with your case.

OMB stands for Office of Management and Budget, which is the part of the government that administers and tracks paperwork and governmental forms.

I was calling NVC waiting for a human, and was looking over our I-797 NOA2 notice and noticed that in the beneficiary box, above my fiancee's name is a set of numbers, "A00 000 000." I have searched and googled trying to find out the purpose of this set of numbers, to no avail. Any VJers know what is the purpose/use of this set of numbers?

Thank you.

It's also called the "A number". By the way, hang onto the NOA2, and keep copies of it in a safe place, since you will definitely need it for adjustment of status.

I didn't even think about this, I'm starting a new job in 2 weeks making double what I make now. Glad it won't have an adverse affect on things!

If you have to submit the affidavit of support (I-864) before you file taxes for next year, you'll need another way of proving the income from your new job (if you have filed taxes showing your new salary, it's a lot easier). So, try to keep your employment offer letter, if you have one, pay stubs, or whatever else proves that you're employed and making that amount of money. When you're ready to file the affidavit of support, consider asking someone in your HR department for a letter stating that you're employed and what your salary is (or what your wage and regular hours are, if you're hourly). In any case, you just need 125% of poverty guidelines for your household size, but you have to prove it.

The official marriage certificate will be issued in the US. The only thing I have to do when I arrive back in Greece is just register it with the local governement and the marriage will be recognised in Greece as well.

Sorry, I meant that it may be tough to get a marriage certificate from a U.S. local government one day after the wedding. Generally, the officiant has to return the signed marriage license to the county or city, and the county or city has to process it and generate the official certificate. You should check with the local government to see how long that will take.

If you inform the customs officer that your intent is to marry without conclusively proving to hin that you do not have any intentions whatsoever to stay and adjust status, you will be denied entry.

I am not telling you to lie. That is neer a good idea. I am just informing you that you should be very cautious with your choice of words when deacribing your purpose of visit, leat you be denied entry and your whole trip is ruined.

As for visiting while the application is under process.....a gain, even if you use yoyr Australian passport you eill still be asked for the intent of your visit at which point you will have to admit that you are visiting your husband. At this point it is comoletely at the customs' officer's discretion whether he lets ylu in or not.

Also, the more you visit while your application is pending, the lower your chances of successfully gaining entry.

I agree, except to say that you MAY be denied entry, everyone's experience is different.

we are trying to fill out the DS 230 and came across question 33. seems pretty simple but when we try and fill it out it doesnt allow us to enter enrolled or currently studying. so what date should we use if my wife is still in school?

additionally since i am doing two applications, one for my wife and another for my stepson, i should do the same process as i did for the I-130 correct? duplicate evidence for both DS230s correct? any imput would be appreciated. thanks.

Most of the evidence for DS-230 won't actually be duplicate, but particular for each beneficiary, i.e., copies of each person's passport, police certificates for those that need them (older than 16), birth certificates, etc. If you're talking about the evidence of bona fide marriage and marriage certificate, it probably wouldn't hurt, and this person says the consulate in Mexico wanted duplicate evidence in each person's file when they did DCF: http://www.visajourney.com/forums/topic/200279-ds230-required-documents-for-step-children/.

oh yes i did that already but we are going to include my wife us passport beographic page and her birth certificate but they still says her maiden name does that matter ?

Scans of the passport biographic page and birth certificate are fine. Scans of all the supporting documentation are fine for the I-130. All of the forms that need to be signed need to be original though. No problem with passport or birth certificate in maiden name (you would never get a birth certificate in a married name, I think). When you get to the next phase, you'll need originals and copies, so hang onto those.

If she wants, she can get a new US passport with her new married name, by filing an application and submitting the marriage certificate.

Dear VJ members,

I need your advice, help on my personal issues.

I filed I-130 last march 21, 2012 to petition my wife.

My W-2 for 2011 $ 32,696.47

W-2 for 2010 $ 31,349.11

W-2 for 2009 $ 30,845.12

co-own home with my sister.

my wage for the first 3 months of 2012 is $10,000.00

I got bad news from my boss last friday, my employment is terminated due to company poor performance. I am thinking to apply for unemployment benefit to pay home, car morgate while searching for new job.

but I am nervous because USCIS will look at my case and deny my petition due to I am unemployement right now.

Please help what should I do?

Should I apply for unemployment benefit?

if I appied will it be affect my petition.

Appreciate for help.

Felimida.

Unemployment benefits won't cause them to deny the I-130, because you don't submit financial information at this stage. It may prevent you from being able to sponsor the immigrant as part of the next phase, when the visa application and affidavit of support are submitted. You have to make 125% of the poverty guidelines for your household size. Although unemployment benefits are not means-tested, which disqualifies you, it may be difficult for you to sponsor unless you have more income. You can seek another sponsor to help you, who makes 125% of the guidelines for a household of the sponsor's size plus you and your husband.

Hello. I am confused about co-sponsor and joint-sponsor. My husband has no job for 3 years and he has been here in Philippines since 2011. What do we need to do? what form thAT my husband has to fill out for the affidavit of support? Do we need a co-sponsor or joint- sponsor?

Thank you very much.

Your husband will have to fill out I-864 as the petitioner. However, because your husband can't meet the income requirements, you will have to have another sponsor fill out I-864. The other sponsor will have to be domiciled in the U.S. and make 125% of the federal poverty guidelines for his household, plus you and your husband. The sponsor assumes an obligation to provide for you and your husband in the event that you cannot for yourselves.

Generally, this has to be filed some time after the I-130 is approved. Good luck!

Would they be looking at the GROSS income or the ADJUSTED gross income? Will someone please enlighten me. Thank you very much.

Just gross.

what about 1099?he already filed his ITR this year..is that enough?

You should get tax transcripts from the IRS, which you can order for free online. If you get those, you won't need to submit 1099s for the affidavit of support for the K-1 (I-134) or the adjustment of status (I-864) later on. If you just send them a photocopy of your tax return, you also have to send in the 1099s for the I-864.

The most recent year of tax transcripts is enough if it shows enough income, but you can submit up to three years if it helps to show sufficient income (such as if his income varies year to year slightly).

Also... Will it look bad if we marry on July 1st and then send out the I-130 on July 2nd? I see that alot of couples here waited as long as a month before sending anything through.

Thanks

No, you can send it as soon as it's ready. You will have to have an official marriage certificate though, and I'm not sure that you're going to be able to get one from your local government so quickly.

The reason some might wait to file the I-130 is if they entered on a non-immigrant visa and are applying for adjustment of status, not the CR-1. It's not illegal to adjust status from a non-immigrant visa, but it is illegal to enter the U.S. on a non-immigrant visa with the intent to adjust status and stay, so if you enter on Monday, get married on Tuesday, and try to adjust status on Wednesday, USCIS might wonder whether you misled them about your intentions on Monday.

Hey guys!

Just need some advice. Come July this year, I am finally marrying my better half! Travelling to US, getting married, immediately filing for CR-1 visa and then returning to Greece. All that in just 15 days.

I work for an airline so it is a whole lot cheaper for me to fly to visit in the US than my fiancee to come and visit here in Greece.

I have read through the forums on people visiting the US while their CR-1 visas are in process, trying to see what my chances are to be allowed to enter. I dont know of CBP can see that I will have file for a spouse visa in the system. The thing is I have dual citizenship. I hold both Greek and Australian passports. I will be using my Greek passport for the visa process. Should I just not bother to use my Greek passport for visits and just use my Australian one until my visa has been approved???

Thanks

Geena

People who have pending CR-1 petitions sometimes have problems obtaining a visitor visa or problems entering under the visa waiver program. The problem is that you have to prove that you do not intend to stay once you enter, since it's illegal to enter with the intent to stay on a non-immigrant visa or under the visa waiver program. People who need tourist visas are more likely to have problems than VWP entrants, since visa applicants are coming from higher-fraud countries and get more scrutiny from consular officials.

If you do want to come to the U.S. while you are obtaining the CR-1, you should try to bring evidence that you will go home to Greece when your trip is over. This could be a rental lease or house mortgage, proof that you are working in Greece like a contract or employment letter from your airline, etc. I expect you wouldn't have a problem as long as you don't give a border agent any idea that you intend to stay, but people have been denied before especially if they make frequent trips, even from low-fraud places like Canada. I would be careful about, for instance, hauling in a huge wedding dress or the like past customs lest you invite questions about your intent to stay after you marry. Of course, border patrol will generally ask you why you're coming, so you'll have to be honest about that.

As to the issue about Australian/Greece passports, I don't know that there's any rule about this. You have to list both your nationalities on the G-325A, which accompanies the I-130 petition for the CR-1, so they may have your name in the system as a beneficiary under both nationalities. The main thing is that you are honest and upfront with the border agents if they ask you something (like if you have more than one passport, have a I-130 petition pending, know anyone in the U.S., etc.)

Last thing, have you considered entering on a K-1 visa? I realize you would have to plan your wedding around your visa process, and not the other way around, which sucks. I might be a tad worried about scheduling a huge wedding with a very short time frame to gain entrance to the U.S. If you happen to be denied, as others have, it could wreck your plans. There's not any risk that you'd have problems entering under the K-1, on the other hand.

Adjusting status inside the USA after marriage IS the standard procedure but there's nothing wrong with leaving and going through an immigrant spouse visa process, provided the K1 visa holder doesn't overstay the 90 days allowed.

The K1 visas holder is under no requirement to adjust status or even to marry. Their obligation is to either marry the petitioner inside the USA within 90 days of arrival, or leave within 90 days. Choosing to marry, leave within 90 days of entry and go through an immigrant spouse visa process is just fine.

You're right, but I was assuming the K-1 and the CR-1 visas were for marrying different fiancees, since that was sort of suggested by the question. Someone who seeks a K-1 visa and a CR-1 visa based on two different relationships within a short time certainly may have problems proving bona fide relationship.

They will cancel an adjustment of status application if you leave the country without advance parole. This is what I mean when I say the adjustment application is "preserved" by the advance parole. Advance parole doesn't halt the adjustment application, but it keeps it from being cancelled. Do not leave the country until you have advance parole or a green card.

All you need to know.

GA DDS

Good Luck!

Here are the requirements for GA: http://www.dds.ga.gov/drivers/DLdata.aspx?con=1747371440&ty=dl

Putting together my AOS stuff and can't find my NOA's. Not sure what happened to them, but what do I do now ???

File form I-824, application for action on approved petition. In your case, you're requesting a duplicate approval notice.

The downloadable DS-230 on the travel.state.gov site has an expiration date of 03/31/2012 (part I) and 02/29/2012 (part II). Since we're now into April 2012...is it ok to use these?

I'm sure it's fine. I couldn't find a statement on the Department of State website, but they often accept the forms even after they expire, when they haven't gotten around to updating them yet. As long as you are using the most recent form and it is appropriate for you, there's no problem.

I-864EZ

We would like to know if that form would be ok, because he has two jobs. But we are not sure if this form will work because any income he receives from his second job is not listed on a W-2 but a 1099 form.

Could you please help!... thanks !

No, you can't use I-864EZ. The instructions say you can only use it if you only have salary or pension reported on a W-2. Since you have income that is not reported on a W-2, you don't qualify.

Instead, attach I-864.

Does your daughter have a green card? She will not have any problem traveling with the foreign passport.

However, you don't have to apply for N-600 for your daughter in order to obtain US passport for her. You can simply go to state.travel.gov website and download the passport form. Complete that and send the mother's original Naturalization certificate along with daughter's birth certificate. The daughter will get her passport as well.

Her daughter can apply for N-600 at any point. (even after she is over 18). Look at N-600 instructions for more info. http://www.uscis.gov/files/form/n-600instr.pdf

This is false. U.S. citizens cannot travel to the U.S. without a U.S. passport. The Green Card won't work anymore, because the daughter is not an LPR but is a U.S. citizen.

So it is illegal to help my husband?

Yes, it is illegal to work in the U.S. without authorization, even at the family business. File a request for an employment authorization document (I-765) when you file for adjustment of status, and you can work as soon as you get it. The EAD comes a couple months before the Green Card, and it's free to apply if you submit it together with the I-485 (application for adjustment of status).

You aren't "volunteering" if you get financial benefit from the work, and as the wife of the business owner, you certainly would.

hi everyone. i entered on K1, now my AOS is still pending. i didn't apply for the AP when i filed my AOS. i need to go back to my home country on may 2012 to pick up my K2 follow-to-join child. his k2 visa will expire on july 2012, and since airline tickets are much more expensive on the months of june and july, i decided to pick him up on may 2012... so i filed for I-131 travel document march 16th, got the approval notice march 26th.. today i just got the the I-512L forms in the mail. it says:

I-512L Authorization for Parole of an Alien Into the United States.

the "approved" box is checked.

PAROLE IS NOT ADMISSION INTO THE UNITED STATES

PAROLE INTO THE UNITED STATES IS NOT GUARANTEED

now my questions are :

what does this mean? why is it I-512L and not I-131 which is what i applied for? can i travel out of the united states with this? my aos is pending, will that matter? will i encounter any problems with POE once i come back from my travel with this document?

This is a valid advance parole document. They have added legalese, which just means that (1) even with the advance parole, readmission to the U.S. is not guaranteed (i.e., they may still deny you for various reasons), and (2) "parole" is different from "admission" for certain legal purposes that aren't relevant to you.

My wife's I-131 approved on March 30th, 2012. Today it is April 5th, 2012. She has not received the paper work till today. She is going to her home country for a visit and leaving on April 7th, 2012. What happens if the physical approval letter did reach before she leaves?

I have the following questions.

1. Do they ask her I-131 APPROVAL notice at the port of exit (New York)?

2. Do they ask her I-131 APPROVAL notice at the port of entry when she comes back to USA on June/July?

3. How does it work? Please explain in detail.

If she applied for I-131 at the same time that she applied for employment authorization, her employment authorization document (a card) also serves as advance parole. The card should say something like "serves as advance parole" on the bottom. In this case, she simply shows it at the port of entry when she returns to the U.S. She might also have to show it when she checks in for her flight back to the U.S.

Hi, I have a question and hope that someone can help me out here.

I am on my F1 status and filing for employment authorization with AOS and advanced patrol. I have applied for Optional Practical Training (OPT) before when I was in my Master's program but I withdrew the application before they issued the card to me since I went on for a PhD program. So, I am not sure whether that counts as yes or no as the answer to the question.

Does anyone have any idea? I appreciate any help. I just want to make sure if I chosen the wrong answer, the whole package of AOS won't be rejected...

Thanks in advance!

The answer is yes, you applied for EAD. Just read the questions literally--you applied. You can make a note of when you applied and the fact that you withdrew it, and the circumstances in the application.

My fiancé is in school in his country, and will not be able to stay the entire time while the AOS is processing. My fiancé has about 8-9 months left of school before he’s done. He will be able to travel back and forth on school breaks a month or more at a time. I have few important questions:

1. How many Months at a time can you leave the U.S. with an approved Advance Parole?

2. How many Times can you travel in and out of the U.S. with an Advance Parole?

3. How long is this Advance Parole Document good for? Does it expire?

If any one can answer my questions or has some good advice regarding the Advance Parole procedure it would be greatly appreciated.

Thanks in Advance : )

File I-131 (request for travel document) and required documentation when you file I-485 (adjustment of status). The advance parole preserves the adjustment of status application when he leaves, and allows him to seek reentry when he comes back. Otherwise, the adjustment of status application is deemed abandoned. If you file I-765, which is the request for employment authorization, at the same time, he will get a single card that serves as both advance parole and employment authorization. Both of these are free if they are filed with the adjustment of status application. Advance paroles issued during adjustment of status are typically multiple entry paroles, so they can be used multiple times.

I am not aware of any time or date limitations on advance parole. However, I would caution you that, the same as when you get a green card, the U.S. may consider his application for permanent residency abandoned if he is not residing in the U.S. Generally, you don't want to leave for more than 6 months at a time, and you should try to spend more time in the U.S. than out of it. In any case, you should try to collect proof that he is domiciled in the U.S., even if he is attending school abroad, so try add him to any leases, utility bills, bank accounts, etc., you may have, and keep documentation of the time that he spends here. If he has to attend school after the green card is issued, you should apply for a reentry permit, which preserves legal residency if you are abroad for more than six months. Just be really careful that he doesn't abandon his residency in the U.S., or you will have to start over with a CR-1.