anson-noyna

http://www.visajourney.com/forums/topic/538180-need-help-thai-wife-w-2-yr-green-card-us-born-baby-wants-to-return-to-thailand-for-extended-stay/

I posted this a few months ago, but here's a link to what has happened since

Here'a an update, and everything is a mess right now, and I mean everything. We did end up gettig babys thai birth certif and thai passport. We left for TH in mid April, she used her green card to depart the US but had to show marriage certificate also because her Thai passport/id has her maiden name. I had a very bad feeling about this flight. She packed her bags weeks before we were supposed to go. I had no interest in going at all (fet like I was there just to carry bags and help with baby. THE WORST PART: FEELING SUSPICIOUS ON WHY SHE WANTED TO STAY AWAY SO LONG, I DID A DNA TEST ON THE BABY AND I AM NOT EVEN THE FATHER. I kept this to myself because I love this little baby and didn't tell her unitil the the i left.......she started to cry. I only took her and her baby back to her province and left the next day. I couldn't see myself staying for whatever reason.

Upon returning.......just as i knew, she was on some thai dating site again. I forced myself to cut off all contact from both of them, and it is not easy. I left her enough money to last a few months, but that is all i will send. For her to come to US, and me to get her into hospital for baby, passport, and to introduce to all my family and relatives that I have a baby boy and now I now the truth, makes me feel so much shame. She will not talk about it at all and all she keeps contacting me for is a divorce. I told TH does not recognize a US divorce anyways so I'm not doing anything. A divorce will hurt her more than it will help. I feel so sorry for little Alex...........but I know at this point (a month later) he wont even remember me. Our marriage was never registered in TH and I realize I've lost the family i thought i had.

Forgot to mention.....she does not seem to be concerned at all when her 2 yr Green Card expires and that she needs to be here 90days before to apply for removal of conditions..........i told her shes going to be in a situation where she cannot come back and the baby can. That doesn't seem to bother her either.........she just wants to go and me have no contact unless I agree to all her terms (monstly financial)

Hi,

My Thai wife has her 2 yr green card (about 10 months ago) and we also have a 17month old baby boy born in the US w/ US passport. Late we have not been getting along and she wants to return to Thailand. She's changed her reason to returniing many times (e;g. for 30 days, for 6 months, for one year, for longer, and many other reasons) and the main thing thing is that I don't want to keep her here if she is not happy. But now I'm supposed to know all the requirements for getting my son a Thai Passport/Birth Certif etc. for an extended stay in Thailand which i don't even know how long this is going to be for. I've tried calling the thai embassy/consulate here in the US but after leaving messages they did not return any of my calls or emails. I started to look at many websites and it seems the requirement for the baby are going to be extensive, just as much forms as the original K1 and time is already running out because I already booked a flight from SFO to BKK in about 3 weeks from now. Im supposed to fly with her and baby to to BKK then form BKK to SFO alone. Then go back when she is ready. So i bought a 6month round trip plane ticket which upsets her because she said she wants one way......not all of sudden the baby is going to be going to school there. I know right when we get off plane, immigration will ask lenght of stay. If we say 30 days, its a lie, if we say 6 months, we don't have the req'd doucments (I still dont understand how I can get baby a thai birth certificate when he was born in USA, but several websites state "no Thai birth certif = no Thai passport. Furthermore, I am supposed to accept whatever she says and agree to her terms going back (sending a certain amount of money before we go, monthly thereafter, paying for school, buying a car, supporting her family as well) Well I cannot handle all of this and do not know what to do. All we do if fight and i get blamed for everything.

If some has some input i'd appreciate it.

Thanks

Hi,

I am reposting this despite getting much valued information from other members here, I am still confused. I want to be clear and precise about everything here and start from the beginning. The deadline for my RFE on joint sponsor is coming soon and it specifically states "this will be your final notice"

Me and my fiancee started the K-1 process over a year ago. She got her visa and I went to Thailand to bring her back to the US on May of 2013. She was pregnant and this was disclosed on her medical exam and other papers. We got married within 90 days of coming to US. When filing for AOS, she did not give birth yet so our household size was still 2. What I reported on my affidavit of support was about $18,500 which got her her visa prior to coming to the US. When filing for AOS I reported the same amount and same household size and I get an RFE stating I am below the 125% poverty level (currently it is $19,387). So I got a joint sponsor (my mom) who wants to use bank account for the requirement. We sent in what the first RFE asked for............bank statements for the past 12 months and current balance.....currently $68000.But she also listed on her form I-864 current income of $22,000. So i get back RFE#2 asking for documentation for current income. I have a sworn statement saying she is exempt from filing taxes because this is retirement income. I'm also attaching a form 1099 for 2012 (which is what they asked for), but it only shows $11,000 in retirement income.......the other $11,000 is my Fathers retirement income but I didn't want to complicate matters by having more than one joint sponsor.

I read from another website that all USCIS looks is the 125% of poverty level of the joint sponsor. It does not matter if mines was only $1000 short, for you cannot combine incomes. Well throuhgout all this waiting, my son was born, but not when I subnitted orgininal paperwork. So household size is now 3 and I believe the 125% rule is $24,412. Other websites say the joint sponsor must have assets 5x the diffference of the shortfall, which my mom does have, but now if i send in RFE#2 with only $11,000 in income I think there will be a problem becuase I've read the joint sponsor has to provide 100% of the income amount.

This is very confusing, so many forms and papers I'm lost right now. What do these people want? I'm married and have a baby now. My wife's been here since May 2013 and were doing just fine. The bank statements didn't seem to help and I think the 1099 will just raise another red flag because my mom said her annual income is $22,0000 and and were only showing $11,000.......and remember its say "this is last notice". What I make isn't even in the picture anymore. To add more joint sponsors or to say household size has changed will screw everything up. i've been honest with them all along and don't know what to do.

Thanks in advance for your advice

ok, so thanks again from everyone, the clock is ticking and this is what I will submit:

1) Sworn statement that joint sponsor is exempt from filing taxes for yr 2012

2) Form 1099 showing Soc. Sec. Benefits received for 2012

Am i missing anything else?

Thanks so much for your help. I will take your advice and submit more than what they ask if necessary.

Thanks

Just being retired does not mean one does not pay taxes.

If your mom is collecting SS along with other income she needs to complete form 915 to show she is not required to file a tax return

http://www.irs.gov/publications/p915/ar01.html

hI, Thanks for all your responses, but I am beginning to find it more confusuig now than when I started this post. I clicked on links above and found myself misguided in many directions. Especially when someone mentions back taxes, and then finally someone telling me to look at form 915 Social Security and Equivalent Railroad Retirement Benefits!!!!!!!! She's my mother, not no Railroad Worker and she is 70 yrs old.

Did I /we make a mistake by enterring income when we are simply trying to use assets from the joint sponsor? We sent in over 40 pages of bank statements for the current year showing depoistis withdrawals, and current balance............shouldn't that be enough? She does have a form 1099 showing payments for the year (current 2013) but they ask for 2012. She'll have to dig deep and search to see if 2012 is still around somewhere at home. There is no back taxes, no special situations, no other income..............just a simple joint sponsor w/ assets more than enough of what they ask for. And also "current income" on form I-864 was only ab estimate, it will differ from the actual statement, but the assets is 100% accurate.

This is my last chance for applying for a green card for my wife and we probably wont even need a joint sponsor (in real life), we been doing fine so far. What do these people want????????????? A letter,a soc sec statement? This is taking so long, I can file my 2013 taxes now and certainly qualify as a primary sponsor, but seems all they want is what is already asked for.

Does she file taxes? Is she qualifying based on assets alone?

She does not file taxes. We also sent in a copy of her SSN#, Passport, Drivers License.....with these dates.....it would show she is retired. I believe the bank account info is assets only and it's about $65,000 in total. If some of this is from Social Security do we need to provide statements (as the source)

Thanks in advance

Hi,

I really need some help here. My fiancee and I are married and when we submitted form i-485 it was returned with an RFE stating my income level was not enough,....so I got a joint sponsor who is my mom. She filled out her own form I-864 along with 12 months of bank statements well over the 125% poverty level. She is retired for 10 yrs now and we stated this on the form. Now we get back RFE#2 which states

"The joint sponsor on form I-864 Affidavit of support, must submit all supporting tax documentation (w-2, 1099s and all supporting tax schedules submitted to the IRS for the most recent tax year (2012).

Then written in a red pen is "this will be your final notice"

What do I need (my mom i mean), need to send in? I read on here a sworn statement with something like " I did not file a tax return for Tax Yr 2012 because I have been retired for 10 yrs. I hereby affirm and attest under penalty of perjury that the foregoing is true and correct to the best of my knowledge"

Other posts are saying we need 1099's, tax statements, and other things.

Please help,

Why would i need both parents to file an i-864? Wouldn't my mother or father (not living with me) be sufficient?

Hi,

My wife and I have been married for 2 months now and we submitted all our forms for AOS, Travel Docs, Employment Auth. etc. I get a letter back (an RFI stating I don't meet the income standards. Is the RFI the same as RFE? So I need to find a joint sponsor or co-sponsor (is there a difference between the two?). The I've read they joint or co has to be in the household, and fill out their own I-864 or I-864A. This is getting really confusing because even in form I-864 Part 5 Sponsors household size it states do not count anyone twice, yet at the same time is says to enter 1 for person you are sponsoring, enter 1 for myself, enter 1 if I am married, that comes to 3, And I havent even listed the fact that we have a baby about 2 months ago which would bring household size to 4.

My parents can serve as joint or co sponsors, but what form do they fill out? 864 or 864A? USCIS knows of the baby but no questions are even asked about that? And in worse case scenario......if AOS is denied, can they send my wife back and ignore the fact that we are now family with a baby? What about the baby?

Thanks

This is an update from a previous post I made. My fiancee had her interview scheduled for 3/27/13. But on her medical appointment on 3/25/13 she walked out and refused to take a chest xray because she was pregnant. We had a long talk about this and finally she agreed to go for another medical exam the day before her interview. At the interview, she was the first one there, at 4:00am in fact.....that really touched me!!! Well during her interview she said the end result is that she is being denied until she return these needed items 1) complete medical papers AND 2) a Police Report from Sweden (she lived there for 2 yrs previously).

She went back to the hospital and got the complete papers (although I'm unsure why it wasn't complete in the first place). She even heard the Dr. say "what more do they want? I sent everything". Anyways so she got a sealed envelope to send back to the emabssy. The Police Report arrives 3 weeks later and per the instructions these were sent, along with her original passort via certified mail last week.

My main concerns and I don't know what to do?

#i) My NOA2 (I-797) was approved back in December 2012 but has expired about 2 weeks ago. Do I need to notify just the embassy in Bangkok for an extension?

#2) I find it odd that the pregnancy was not even talked about during the interview. Maybe thats why here medical papers were not complete. But she states that these new papers will reveal that she is pregnant. I was last there in mid November of 2012 so that would make her about 5 and half months pregnant. Is this even right? I mean taking the date we last had intercourse up until today = # of months or weeks pregnant? Many people say she should be able to know if baby is a boy or girl but she still does not know. She doesn't even know due date? So how am i to know? When i pressure her to go to a hospital (and not a shaman) she insists it's too early, that this is Thailand, not the USA. But I hear hospitals in Thailand are far better and just as advanced if not more than US. I know they will noit let a pregnant woman fly at the last few months of pregnancy and it looks like that time is about to coincide with her visa. I never been a father so I don't know anything about the pregnancy cycle. Does anyone know what will happen? Will she get approved? Will she be advised to have baby in US or in Thailand? Will it not be mentioned at all? Whats it cost to have a baby in US without any insurance? Whats it cost in Thailand? So confused about everything now. Either way I'm looking at major responsibilities which I will do my best no matter what. I'd appreciate any suggestions.

Thanks

I'm lost for words now and don't know what to do. My fiancee had her medical appt today and she met with the doctor who said she needed to take chest xrays, which she refused fearing it would harm our unborn child.

Let me back up a bit. When we first started our I-129F back in July of 2012, she was not pregnant. In fact this was not discovered until months after I visited her again in Nov. 2012. All this time I been telling her to withhold it from anyone, not to let anyone know cuz I didn't swant a delay in getting her visa. Then i changed my mind after reading many posts here about pregnancy. I told her to be honest with everyone and I even sent a letter to the US Embassy in Bangkok stating I am aware of her pregnancy and would still like to proceed. Her interview is 2 days away, but at the Dr's appt today she was met with harsh criticism "it's either take xrays or no visa" "xrays are the only thing you need" "we cannot gaurantee the baby's health if you take xrays". So she left.

I read online that xrays are safe, but thats in U.S. Standards, who knows about Thailand. They are the ones who supposedly sold her birth control pills and look what happen. I don't know what to do now. I told her she must still go to the interview to see if there are other options like take the test later. But will they even let her in without the medical exam.

Do i have to start this process all over agian? I got mad at her for not taking the xrays which I know is wrong. But I really don't know what to tell her either other than sorry.

Hi,

I filled out my form i-134 Affidavit of Support and it asks me to include a copy of my federal return for the current year. What number are they looking for that requires me to be above the povery threshold of $16k? Would this be gross revenue? total income? adj gross income? I'm, having difficulty because I'm a self employed contractor and although my earnings are above, after all the deductions and expenses I'm not sure what line are they looking for.

Thanks

Hi,

I got my NOA2 (I-797) approved back in December 2012. Here it is now Feb. 2013 and me and my fiance are just finishing getting all the required documents together to submit to US Embassy in Bankok to schedule and interview. If my NOA2 expires in mid april, does that mean she must be approved by then or we have to start the process all over again? Are there any extensions?

Thanks

Instead of all these photos, plane tickets, direct mailing etc......will they just accept a video taken together and posted on youtube? Several of them

Hi,

Much thanks to this forum, I've gotten many inspirational feedback here and it all means so much. I've spend days/weeks preparing all the paperwork for my I-129F, it's no easy task and I know there's more to come. But she is worth it to me. My question is it took me a while to find from USCIS website where to send my forms. It clearly states the dropbox is in Dallas TX. But when I have everything ready to go, I find there's an office in California very close by me. What should i do?

Thanks