aws&ndd

Ok I need some advice. I have now been separated from my ex since she left in june. I have a pending divorce case, which hopefully will be over soon. I have sent a letter to the National Benefits Center where her case is being processed, on Aug 14. I was told by an immigration officer at the local office to send a request asking to withdraw both my I-864 and my approved I-129f petition. I have called the USCIS national hotline several times to find out if my support has been withdrawn...and tonight finally got to a supervisor. She told me she can't tell me if my support has been withdrawn....then she tells me I can't withdraw it. She tells me that while its at the NBC its in initial processing and they will ALWAYS send it to the local office. She was pretty adamant about how I couldn't do anything about the case, I told her I didn't care about my ex's case, just want to withdraw my forms!! She said you can't do that.

I need advice on what I should do here. I NEED that support withdrawn, and I need proof that it has been withdrawn. I'm seriously irritated...

I would fully expect an RFE in your case. You did not send any concrete PRIMARY evidence of having met in the last 2 years. Photos and airline tickets are not primary evidence. Airline tickets merely show that you bought and paid for a ticket...not that you actually flew. The actual boarding passes show that you were on that plane and went to see your fiance. Don't do anything now, just wait for the RFE.

How would you know when you no longer have to put her down on another affidavit of support? Since unless you keep in touch, you won't know anything. Do you just automatically claim her unless you had proof that you didn't need to? What have others done in that case?

My fiance worked in the same company since 2001, but he didn't work 5 months in 2012 and 5 months in 2011 when he was visiting me , In employer letter should I state those periods, or not since the encome is pretty enoght.

All you need is CURRENT income...the past is irrelevant for the employer letter. So if your fiance is paid salary, put the annual salary amount down. If your fiance is paid by the hour, put the amount of hours per week he will be working * the hourly rate * 52.

The lawyer is wrong. You do not put down past income on the I-134. And yes, you can calculate your salary for the year. This is what I have done.

For annual income, you should put down what is on the employer's letter...not what is on the tax return. The I-134 needs to reflect current income, which is what should be on your employer letter.

The I-134 will probably vary by consulate, so I can only give you my experience with Colombia. I sent in with my I-134 my last 3 years tax return transcripts, all were under the poverty level. I also submitted employment letters, and paystubs from 2 full time jobs that proved my income was over the poverty level. They accepted my I-134 without co-sponsor and approved the visa.

Yes they can be your sponsor, and you would choose option 3.

They SHOULD have it, but doesn't mean they will. I would be prepared in case they do ask you to provide the originals.

I am a government investigator and my position is funded in part by VAWA. She might have come just to get her green card and her sister might be advising her to call the Police, etc... Only problem here is if that was the case and if they were as smart as everyone assumes would she/they not have waited until the process is complete? This would be premature on their part. (I say their because we are assuming that the sister in coaching/helping her?) Is it possible that she just got really scared because you raised your voice at her? Is it possible that she just felt frightened? Or has it been a scheme all along? I would agree you should not be alone with her if she is in fact building a case for a U-Visa. But it seems like no one here has addressed the possibility that she just gor really frightened. I hope that is the case and I hope the two of you can get back together and work it out but as everone has warned: BEWARE. I would suggest getting a complete copy of the Police Report before proceeding to see exactly what she reported to Police. If you are innocent you likely have nothing to fear. The Police did not arrest you so she likely did not report that you physically assaulted her in any way. Good luck and God Speed.

I hope everyone else is wrong. I hope she comes around and the two of you spend the rest of your lives together in matrimonial bliss...

Aloha Ke Akua

I'm getting a copy of the police report, should have it within a couple days as they are mailing it to me. I really hope its just a simple case like you said where she just got really frightened, but honestly and as stupid as it sounds, I just want to wake up from this nightmare and have things back the way they were.

I think you should take steps to protect yourself from further accusation.

What steps should I take? Aside from the advice already given, is there anything else I need to do to protect myself?

Maybe.. you don't know. If you hadn't have fought she would still be living there happily OR she would have left you once she got the GC OR a myriad of other scenarios.

The truth of the matter is you did have a fight. Her response to that fight was, in my opinion, a big overreaction to call police and go to a woman's shelter. A lot of what you've said she did with the police there is a warning sign to you. I would consider yourself lucky that she wasn't more skilled or you could be in jail right now for assault.

You are right, she would have found another way to leave if that's what she really wanted.

Although there wasn't any evidence of assault, or even abuse for that matter, the cops really couldn't do anything but take her to the shelter. I have heard from Nancy since she went to the shelter, and she basically told me she is receiving phscological therapy for what happened. I never knew that our little fight would cause her to need therapy. I just don't understand it.

If you're thinking she just married you for a green card, then you must have other reasons too, as it sounds as if you've been doubting your relationship for a long time. I'm fairly sure many petitioners have a bit of that fear, but was your's really high, or did it just get worse when she got the police involved?

Getting the police involved after talking to her sister after an argument, does raise some serious red flags. Couples will have arguments, hopefully they'll fight fair when they have them and the end result can be positive. There is no positive when you call the police unless you're escaping a violent situation, or in her case, possibly putting a VAWA case together.

Good luck to you. I hope you heal quickly.

I've had my suspicions after her sister tried giving me immigration advice that wasn't right. Her sister had been living in the US illegally for over 10 years, but now has a green card. So her sister was giving me advice on how to fill out some of the forms so that it would be easier for her to be approved and get her visa. I wanted to do things the right way, so that there wouldn't be any problems down the road. Nancy through a fit that I wasn't seeking the advice of her sister, but rather the great advice given here on VJ. This little incident raised my suspicions quite a bit about Nancy's real intent on coming here. Then after we moved here, all Nancy wanted to do was move to be near her sister. Another thing that raised my suspcions, Nancy talked about spending a couple months with her sister, without me. She talked about when she goes back to Colombia to visit family, that she doesn't want me with her. It doesn't raise my suspicions about the green card, just about how she really feels about me. My suspicions raised again after she called the cops for something so stupid that could have been solved between us.

OP, if I may ask, why do you think it's all your fault ? any red flags before ?

There was never any red flags with our case. I keep thinking its my fault because if we never had our little fight, then maybe she never would have left.

I'm already planning on changing the locks...but its good advice to have someone else here with me when she comes to get her stuff.

Thanks so much for the advice. This has just been really hard to deal with, and I still keep thinking its all my fault.

Ok guys I feel really ashamed to be posting this, but things took a turn for the worst in my relationship.

We had a little fight over something really stupid, and she ended up calling her sister telling her how badly I mistreated her (I only shouted out of anger, but that was it! I never touched her), and although I don't know what all her sister said, what happened was my wife called the police and was getting a hold of a shelter. The officers spoke to both of us, and I told him exactly what happened. He then asked more about our relationship, how we met, how long we've been married, etc. I told him her sister lives in the US as well, and one of my fears I always had was she was coming here just for the green card. The officer agreed with me, because my wife was making a huge deal (ie getting the cops involved) out of something that could/should have been resolved between us. I told the officer that I kept trying to talk to her, trying to apologize to her, but she wouldn't even listen. All he said was, she just needs a little time. The cops eventually took her to the women's shelter, and I haven't seen her since. This happened yesterday, and devastated me.

I just would like some advice on what I should do, because at the very least I want to protect myself. I want to withdraw my I-864 support forms. How do I do it? Do I just write a letter asking them to withdraw it? What information should I include? Do I mail it to the same address I mailed the AOS?

What other steps do I need to take? Is it ok to file a divorce after the I-864 forms have been withdrawn, or do I need to have proof of a pending divorce before withdrawing?

I appreciate any help.

Congratulations! Hope we get out EAD/AP soon at least.

Stop thinking about the possibilities of staying and adjusting status. Just do things the right way, ie go and get married and file the spousal visa and return to Canada. Stop trying to get around the system because it is convenient. Many of us have to wait, separated from our loved ones, why should your case be any different?

Hello. I am looking for some answers in regards to my submission of the I-134, affidavit of support. Any help would be greatly appreciated.

I've seen both that a K-1 visa sponsor needs to meet 100% of the poverty guidelines and 125% of the poverty guidelines. Which is it?

If it is the 125%, I fall 300 dollars short of the required amount for 2013. I was only working half of 2012 and my situation has greatly improved with a sizable hourly pay rate increase and 3 promotions in the NYARNG. That leads me to another question. I realize the National Guard is not considered active duty time, but we are in a drilling status that of which I am curious to know if on the I-134F I would be considered "active duty military." That would put me back in the parameters of acceptance to sponsor my K-1 fiancé.

With all of that said, if I am not able to sponsor my fiancé on my own, how do I go about getting a co-sponsor? I have one lined up. My 2 questions with that are, #1 do we have to live in the same house and #2 do we both fill out the I-134?

And finally, what do I need to send in with my I-134? I've seen so far that I need a copy of my tax return, letter from my employer, and copy of bank account withdraws and deposits along with date of bank account opened.

Any help is appreciated. Thank you!

Let me clarify the confusion behind the 100% and 125% guidelines for the I-134. Even though the requirements state you only need 100%, for a K-1 visa most consulates are going to require 125% BECAUSE of the intent to immigrate. The 100% guideline is designed for non-immigrant cases where the visa holder would eventually return home. Even though the K-1 visa is classified as a non-immigrant visa, it is treated like an immigrant visa because the visa holder will more than likely stay in the US after marriage and adjust status.

You can file the I-129f whenever you want, doesn't matter if your fiancee is still here in the US. If anything it makes it easier because then you can fill out the paperwork together and she can sign all the forms that require her original signature before you send it.

The application will be processed normally, meaning it won't be delayed just because she is still in the US. With that said, she will interview at the embassy in her country so she will need to return home for that when it comes time for her interview.

So for evidence of citizenship, your fiancee submitted all pages of her passport? You did not include the birth certificate correct? The passport pages should have been sufficient evidence of her proof of citizenship. Did she submit ALL pages (even the blank ones) ?

They are asking for proof of US citizenship, which for some reason they don't have or the evidence they have isn't complete. Suggest re-sending ALL pages of the passport instead of the birth certificate, and maybe explain that you are using the passport as proof of citizenship in lieu of the birth certificate.

For the I-129F petition, EITHER form of proof of citizenship is acceptable.

Ok I am sure this is somewhere but I cant seem to find the answer I am looking for. I am a person of short words, I got the explaination of how we met in person into the box on the form. Read like this:

"We originally met online, we visited with chat and video calls. Kenny invited me to visit him ofr his birthday, 04/21/2013 but was unable to make it. Instead I arrived in Johannesburg, South Africa on 5/31/2013. We spent 6 days exploring the city and getting to know each other even better. While I was there Kenny proposed marriage, which I accepted. I left for USA 6/6/2013."

Is that good enough? they just want to know when and how not an account of everything we did, right?

Thanks everyone, I am confident of everything else but this and it scares me to mail it off because of that one.

We met on 5/31/2013 in Johannesburg, South Africa.

This is all you need to put. You don't need a lot of details, just simple and to the point.

I just don't think I'll be able to get the 1040 transcripts in time from the IRS.

You can get them the same day at your local IRS office.

For proof of citizenship include one OR the other, not both. If you use your passport pages, there is no need to use your birth cert. Or if you use your birth certificate, you only need to include the relevant passport pages as your added proof of meeting.