Villanelle

Babayega has various issues that had not been posted here. I have encouraged him to share some of it here as I believe others can offer valuable input. His case is being reviewed hard for bonafides based on valid reasons -there is a police report where he was arrested for DV by a women claiming to be his girlfriend. And not just his present girlfriend but had been his girlfriend the entire time he knew her. The charges were dismissed as quickly as they were brought it seems. No evidence to support them. He is working on obtaining any court documents that may exist as he only has the police records. He was never contacted by the court. Never went to court. They seemed to have realized right away this was a false claim but unfortunately damage was still done as he now has to wait for USCIS to come to the same conclusion on their own or actually accuse him so he can refute it properly. He entered with proper intention to evaluate schools and potential housing situations so that he could file the proper F visa upon returning home. However he met his current wife and married in a short period of time which USCIS did briefly question him on implying it was suspicious. USCIS seems to be dragging their feet on evaluating what they have. They either need to let it go or move forward with the denial process (NOID - denial- court). He is unable to address the issues until they actually present them in a NOID. I have suggested attempting to use the congressman to demand a decision is made/investigations finished up etc. Also to perhaps use the attorney to send a letter of his intent to file a WOM. Sometimes the threat of the WOM is enough to get it moving without actually having to spend the money filing it. Its hard because there is no official time frame of how long investigations can take but its been long enough. They haven't called him for a second interview. They haven't sent a NOID. They did attempt a home visit which I believe was mentioned here. The situation is exactly what calls for a WOM but due to the cost and the current stressors on the marriage it seems he is hesitant to take forceful action. His current joint 751 may need to be amended to a waiver which in itself is not a big deal. People switch to waivers all the time. Its not enough on its own for denial but it adds an additional layer of complexity as they already have various reasons to doubt bonafides. So it's understandable he is hesitant to file the WOM or move forward with any kind of divorce process -the best solution here would be for USCIS to simply finish up the investigation already and either approve or present him the NOID.

Loving the auto correct title. Neutralization. LOL.

Yes. I am sorry the advices and comments you've gotten so far didn't explain this clearer. Heres the deal- ROC requires a joint petition. One can get a waiver (divorce-abuse-hardship) to waive the joint filing requirement. A joint petition requires the couple to be married still at approval. A waiver filing requires the divorce decree for approval. Some people unfortunately don't have it at filing. It's not the end of the world. You can apply as a waiver w/o it. You just won't be approved until you have it. You can also apply as a joint (if you and your spouse both want to). It can be approved as long as you both remain in the joint filing and no divorce occurs. There are advantages and disadvantages to each path. Do NOT make life decisions based on immigration paths! Do whats best for you and immigration will have a path accordingly. If you are not ready to divorce you need to file a joint ROC. Expect an interview as you will need to advise them you guys are separated but legally married still. You can be approved when separated, people have posted such experiences you can read for reference. If you are ready to divorce or maybe you weren't but realizing its going to happen eventually and you will need the decree for immigration was the wake up call to start moving forward with it, that's fine too. Because you haven't even filed yet you have plenty plenty plenty of time to get the decree as your ROC processes. It's currently taking 1-2 years on average. Even if you didn't have it, its still ok. Theres a process for that as well. It just seems most likely n/a for you as you should have your decree in time. (Time meaning between initial filing and the 1-2 yr processing of it)

Ok so you have a lot you can respond with. Do you need help with formatting? It's important to respond in your own way, your own words. Your response to questions verbally or written need to be genuine and that means however you say it is how it should be said. For formatting- letter should start as response to RFE and then just as you did here list out each RFE point and the response. There are no documents. Not every thing will have a document as evidence. Some will just be your explanation. So for this issue- make sure your response is thorough. Include specific details. Ex- lets say you were married in Jan 2020. Started job feb 2020. Explain it was initially filled out withholding for 1. In March 2020 you asked for them to change it and made it 3 but then realized that would cause too much to be witheld so in june 2020 you changed it back to 1. If you have paystubs from back then reference the actual amounts of tax collected. Ex- I am attaching paystub for feb showing they took 300$ as withholding for 1. I changed it and in march they took 900$ ! So I changed it back to 1. Also you might want to post in the working and finance/taxes subforum for help understanding tax withholdings and such because what you posted here is incorrect. The more they withhold the more likely it is you will get a refund upon filing. The less they withhold the more likely it is you will owe upon filing yearly taxes. The above explanation is sufficient. If you are not technologically inclined then your not. The fact that you went to verizion to change the name on your caller ID speaks for itself So if you attempted to change the caller ID and then it reverted and you didn't have the energy or time to go back to verizion to have them correct it again then that was it. Perhaps explain it wasn't a big deal for the caller ID to show her name. You all are / were married. You can also attempt to chat with verizion and get the transcripts from the chat. Perhaps you can get the chat rep to confirm in chat there was an issue and your previous visit? Your explanation is the proof. Was this particular credit card mentioned in the divorce? Try to find previous roommate on social media and reach out to her there. Easiest solution is to get a statement from her correcting date mistake. If not you will want to come up with as much secondary evidence showing you lived there. Bills or statements with the address. DL records. Bank transactions showing you were physically in LA and not SA. Most people tend to shop at the same stores or gas stations. Try to show a pattern of buying groceries or picking up prescriptions at a place near home address. So you didn't have insurance. Its okay. Again you just explain it. If your lawyer is not helpful find a new one!! You are paying them for assistance, if they are not assisting you they shouldn't be paid. A multi point RFE like you got needs a well constructed response and it's clear you need personal assistance in drafting it. FIND A BETTER ATTORNEY. You can call your local bar association and get referrals if needed.

Do you have an extra 5k laying around to pay the attorney who seems incredibly eager to take it? I mean thats what stands out the most to me. They were pretty focused in saying this is the only way and it's not. I think the congressman is a good option. I would atleast wait to see what happens with that before writing a check for the attorney. And yes, the ombudsman page might say not taking cases if only issue is outside of processing time but I would submit a request for help from them as well. Technically you can argue it's not simply outside of processing time for the form in general (30 something months) but it is also past the response time after interview. Failure to make a decision after interview. Especially if you have not been contacted for a follow-up interview and no home visits occurred or any correspondence from them. I would also file the FOIA because if it's a delay related to background check issues sometimes filing the FOIA will cause someone (different) to have to obtain your records which can help get it unstuck. But I think the congressman can help. Just try to put the focus on lack of decision after interview rather then excessive processing time.

Do you have any idea why? Still married? Difficult interview? Fraud suspicion? Background checks? Etc WOM (writ of mamandus) is something to discuss with an attorney familiar with your case. It doesn't automatically force an approval just a decision.

Were you able to determine if you sent an outdated version? And yes, you should include a letter from your employer stating your income/job will continue.

Sometimes 'emergency ' documents are stand alone. Meaning the travel document is not imprinted in the passport but rather a sheet of paper with the photo and stamps/whatnot.

Possibly yes. I know it sounds unbelievable but it has happened.

Seems like you sent an outdated form or not all the pages. Download the current version directly from USCIS website and check it against what you sent. Version information is in small print in the margins.

Ok then the >1 year ownership could be the issue. In general you need to demonstrate ownership of the asset(s). This generally means showing 1 year or more OR a trail of documentation. This is to prevent people from 'borrowing' large sums of money or property and then transferring it back afterward. If you are going to attempt using assets only again I would suggest to include additional documentation as to where the funds came from for the purchase. (Sales contract from previous residence). How long did you own that residence for and how did you initially pay for it? I mean if you can show documentation you used your own savings 5 years ago for the purchase overseas at 50k and ultimately sold it in 2022 for 250k giving you 200k in proceeds (which would be reflected 2022 taxes in some capacity), and then purchased a new home stateside for 350k with 200k down- then that might be enough to demonstrate where this 200k came from and that its yours. Showing 1+ year of ownership of the asset in question is mandatory but it's not exclusive meaning less than 1 year is ok if you can show enough documentation establishing ownership. I mean if I won the 1 billion powerball lottery I would fill out the 864 showing such. I wouldn't have to wait 1 year. If you received an inheritance, its ok for it to be in your hand less than a year because you show where it came from. Transferring your equity from one property to another doesn’t mean the 1 year starts over if you can show possession of the equity historically for 1 yr or more.

^^^this Did you include all of the stuff outlined above? Deed, property taxes, etc? The payoff quote from the mortgage vs recent bill perhaps. Also you have owned the property for <1 yr correct? Again I believe you are getting stopped by the gatekeepers at initial review which means an error on the 864 or in the documentation. I understand you sent a cover letter of explanation but that doesn't override errors or missing documentation. So let's go through it again in painstaking detail. Did you include the deed? Shows your exact name, has the proper stamp, etc Mortgage payoff quote. Not recent bill as they typically say this is your balance due and not a payoff figure somewhere in small print. Current appraisal. Id have to dig around in the regulations to see if theres a time-frame for how many days is current. Im inclined to say 30-60, but I know appraisals aren't cheap and it would be a shame to pay for an updated one and still be rejected. Property tax statement or assessment Realtor appraisal- this is comps, real estate market analysts etc. Realtors provide this at no cost but with the intention of trying to solicit you as a client. People also use zillow for this. Now it's not 100% clear the error lies in your documentation of assets. As you said the RFE states they can't determine if you qualify not that they reviewed it and are dissatisfied. For your income and prior tax returns what did you enter? You don't need to give us your correct numbers for privacy, make up numbers. Ex- mortgage is 100k. Appraisal is 250k. Entered 150k as assets. Tax return shows what on income line? I understand it was foreign income and doesn't count but sometimes it will get bounced for mismatching- ie tax return says 30k but you know it won't count so entered 0. Computer will detect the mismatch as an error and reject it. The more information you can provide line by line of what your 864 shows along with a list of the exact documentation sent the easier it will be to help determine where the issue is. You can also get a consult with a local attorney who can review your documents.

It does. I am reporting it.

Gotcha. You submitted your AOS package July 2022, just a few weeks ago correct? This means theres no way an Officer looked at it and determined you don't qualify. You are getting stopped at the door by the 'gatekeepers' so to speak. So first, go through your 864 with a fine tooth comb ensuring it is filled out correctly. Every line. Signature, dates, boxes checked, etc. If it's all good then the only reason I could see for it being rejected is the fact that the appraisal you sent is 90+ days old. Might be too outdated. Current usually means 30 days, maybe 60. 90+ might be too old. You can send an updated appraisal or additional evidence like a realtors appraisal, zillow listing, etc but as stated you only get one shot to satisfy the RFE. If you choose to attempt assets only and it's rejected you will have to file again and pay the fees again and ensure you have a w2 based job or sponsor the second time around.

https://www.uscis.gov/scams-fraud-and-misconduct/avoid-scams/common-scams Only an attorney or an accredited representative working for a Department of Justice (DOJ)-recognized organization can give you legal advice. For more information, go to the Recognition & Accreditation Program page on DOJ’s website. I didn't see any mention of them being accredited on their website. The P.S at the end of the email was also a bit alarming. Pardons? Sounds like the potential employee has a ban.

Contact your congressman and have them make an inquiry.

The generic RFE you got can be for a variety of reasons. Unfortunately it's up to you to figure out what the problem is. Most common errors- Household size is incorrect. If it's just you and your spouse size is 2 not 3 Didn't include proper tax returns or statement of non filing Does either apply? When theres an error on the 864 the computer simply rejects it in entirety. So first go through what you sent for errors. Im guessing you have one based on the RFE you got. It could be they are rejecting your assets as it is your primary residence. Primary residences can be used but at the same time its up to the Officers discretion.

Where is the cat? You said you are in the UK, where is the cat? With him? If so please call the spca or arrange for someone to get the cat from him ok? For immigration- theres 0 concern unless the divorce is based on fraud (divorce or annulment). Annulment is most likely not an option as you all have been married so long. But you MUST make sure to not willingly allow wording of fraud to occur. For a fraud ruling to occur he will need to present evidence and have a judge rule such. What evidence does he have? That you refused to live with him after he verbally assaulted you the trip over? Lol. That you filed for divorce after he threatened physical violence. Good gracious. Don't let him get to you. As part of a standard filing theres typically no contact orders attached. Speak to the clerk about his harassment and see if they can assist. Explain you can't afford an attorney , they may be able to set up a moderation hearing. You won't know unless you ask. In general divorce cases follow a basic format. One person files (petitioner) the other responds (respondent). So you file. You list out the grounds and the terms and then he responds with either agreeing or his grounds and terms. Ball is back to you. You can agree with what he said or not (do not agree to fraud). If you agree the case goes to a Judge to sign off on. If you don't agree the courts will direct you to negotiate amongst yourselves or with a mediator to come up with a settlement you do agree on so the judge can sign off. If absolutely no agreement can be made there will be a hearing. The judge will hear both sides, you will both be questioned and both have an opportunity to present evidences. The judge will decide and whatever decision is made is final. The courts try to avoid wasting the judges time and typically insist on moderation or a hearing with a magistrate. This can be helpful because the magistrate or moderator will tell you bluntly how the judge will rule if the case ends up in the court, so they are typically able to get both sides to come to an agreement. I understand you don't want anything from your ex. You may be entitled to something and you can use that in your negotiations. Have you ever negotiated for something? You start high so you can come down. So it can be a strategy to ask for x y z and then 'negotiate down' to only x. If all you ask for is x theres no where to go. Know your rights. Take advantage of as many free consultations as you can. Many states have resources on how to self file. Contact legal aid and see if you qualify. They may not be able to take you on right now but if he gets an attorney they might as its not fair for you to face an attorney unrepresented. You can also ask the court to help you obtain counsel at his expense if he can afford such. The 864 is also a concern (for him). You can find info on suing for support based on the 864 online as well.

Have your attorney immediately contact the local office and or service center to advise of the situation. Ideally USCIS can rescind the approval and process it correctly as a waiver petition. The longer it is the harder it will be, so this needs to be done yesterday. You absolutely need to resolve this now, you will not be able to naturalize because your conditions were removed incorrectly.

US code 8 12 1183a States legal fees for enforcement are sponsors responsibility. So the court has no choice. Any outrage about the above case (and there should be plenty!) should be directed at Congress. The court can only rule according to the laws and policy Congress dictates. Its not the courts fault Congress has allowed the policies to remain as written where a convicted pedophile can use the courts to cause more harm to the victim and their family. WRITE YOUR CONGRESSMAN. DEMAND CHANGE.

Doesn't apply. The FDCA fair debt collection act says no more than 25% aggregate disposable earnings. Alimony-child support is 50 - 60 %. The 864 is technically neither. So its in a grey area, the wild west of no rules technically apply. Most of the guidance for it is based on the precedents set as cases are ruled upon. And if that's not bad enough , the district courts that handle these cases at the federal level don't always agree. So where its filed can matter. One can find additional info online at 864.net or sound immigration has a few articles summarizing highlights. Its a rabbit hole you may regret going down. The 864 can be handled by the family court during divorce proceedings or if not handled by the federal court. Some family courts will not get involved with it as they don't really understand it. Which is why it's recommended to try to slip it into the divorce at family court. Theoretically will prevent the federal court from taking the case as it was ruled on already. Is that a sneaky underhanded way of dealing with it? Eh, IDK. I believe its best to have a fair divorce in which each side is left with enough footing to be able to move forward alone. If this means the primary earner has a few years of things being tight then so be it. Its only temporary. The 864 can be permanent. And man some of the court cases at the federal level are outrageous. Some districts don't require the immigrant to even seek work or make an attempt to get themselves above guidelines. Lots of people attempting to hide assets in order to keep collecting. Having a friend or family member provide support in a roundabout way so they can still collect from the sponsor. Is that fair? Greed is a powerful emotion.

You submit what they asked for. So for parents to be considered as household members you either need to be listed on their taxes (you aren't right?) OR you submit proof they are your parents and you share an address. Your birth certificate with their names shows relationship. Driver licenses can show shared address. You can also send your most recent taxes (2021) along with an updated 864 and 864a.

They don't care if you have the money or not. Blood from a stone? Eh, its more like when a well runs dry. The faucet will remain open and any little drop that manages to accumulate they will get. They don't care if you are thirsty as well. Your obligation is to provide x amount as support, it comes first and if that means none left for you oh well.

Everyones situation is unique. Perhaps his spouse had w2 income or they had assets. Perhaps he didn't work a full 12 months as a contractor but the way the calendar fell he did have a tax return showing contractor income over guidelines. Whatever his situation was, good for him, doesn't help you right now (unless he wants to be a sponsor and qualifies ) Get a paystub based w2 job immediately that when calculated out puts you over the guidelines. send the paystubs/employment letter as RFE response before the deadline. Keep the job until GC approval. If this is not possible its still going to be ok. You will be denied but ok. You just need to file again when you do have paystubs. Yes you pay the fees again and will have to start at the beginning of the line again. So try to get a job that can be used for 864 purposes asap. Otherwise if you remain at your present job it will not be able to be used for such until you file taxes for it - due next april.

In the US there are no 'debtors prisons'. You can not go to jail for owing money (outside of the criminal system where if you fail to pay fines you can be punished). IF an 864 suit is brought forth it is in civil court. The civil court has 0 mercy for your personal situation and will order you to pay apx 1k/month to keep them above guidelines. They will garnish your paystubs and place liens on your property and assets. They will not care if they garnish your entire paycheck and you are left penniless. Im not sure why you are overly concerned about this 'doomsday scenario' if your soon to be ex has not expressed intentions to file such a suit, in fact you say she probably doesn't even know it's an option. Did you cheat on your spouse or otherwise hurt them in a way you now fear retribution? Or are you trying to be realistic and are thinking theres no way she would be able to support herself outside of the marriage? If its the latter you can make provisions in the divorce to help get her on her feet. Many also suggest purposely including a limited alimony with specific wording- speak to an attorney who is familiar with 864 suits about such. The idea is that once a matter has been ruled upon another court can not step in and rule again. So if divorce court says 500 month in alimony for 2 years as 864 obligation then thats it. A suit couldn't be brought forth in the future under the 864. There is no guarantee though that doing the above will 100% prevent a future 864 suit. In theory yes. In reality those who have done this have been successful in avoiding a future suit because the immigrant became stable and never pursued additional suit.