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Villanelle

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Villanelle last won the day on February 4 2013

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About Villanelle

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  1. How did you enter the US? As a tourist or a spouse or fiance visa?
  2. You are going to have to come up with as much evidence as you can. Most people also file another 751 when its denied. Did you do that yet? You need to find a local attny experienced in this. Preferably someone who has done cases like this in the local court you will be going to. They will have the best idea of what will be successful in that particular court. They can also review what you do have and offer suggestions on how to make it better. You can also check out the ROC forum and see what other people have sent.
  3. To clarify- USCIS will probably approve the 130 but can not do the 485 until a judge handles the previous ROC. Also I believe you will have to show both marriages were in good faith. You dont just get to ignore the first one by walking away. https://www.visajourney.com/forums/topic/681186-i-751-divorce-waiver-denied/ Here is a similar situation.
  4. The problem here is you are NOT eligible to file AOS because you HAVE LPR status right now.... Everything you said is accurate about when someone gets denied ROC - they dont auto lose status. Infopass will give you 551 stamps until a judge rules you no longer have status. You can not file 485 for people who currently have a GC. Beyond that- you are going to have a big problem getting approved on a second marriage AOS when USCIS/Judge have determined your first marriage was not in good faith. Have you spoken with any attnys about this? Is it not at all possible to gather more evidence for ROC? What did you have? Did you have an interview? Was it switched to a waiver?
  5. You are in the UK? That can be the issue combined with the fact you are at an AirBnb. VJ uses google ad sense. You can check out- https://support.google.com/adsense/answer/9713 click around a bit and it explains how to change ad preferences to see if they go away. https://adssettings.google.com/authenticated shows you what they think they know about you.
  6. VAWA applicants must file the 864W. Nothing has changed. VAWA petitioners are exempt from 864 requirements and file 864W. For those unaware there were proposed changes to the 864 and affidavit of support guidelines for both those adjusting in the US and those using consular processing. The changes were to go in effect on Oct 15 requiring people who were subject to the affidavit to use updated 864 forms as well as an additional form the 944. The new forms were much stricter and many people were distraught by this. Today a court blocked them from going in to effect. So while it is interesting none of the proposed and now blocked changes apply to those filing under VAWA so a conversation about the new rules does not belong in the VAWA thread.
  7. Im sorry you went through this. The best I can suggest is checking out the reporting fraud thread- https://www.visajourney.com/forums/topic/439326-reporting-fraud-to-uscis/ As others have stated you did not mention anything that sounds like fraud- however if you have proof (which it seems you do) that she lied in a court for benefits; and you present this to FDNS she may have a very hard time doing ROC. ROC requires her to make the sworn statement she entered the marriage in good faith. When there is proof the person has lied before to police, courts, magistrates etc - they are assumed to not be able to make such good faith statements.
  8. I am curious to know who on the forums is not only charging people for advice but giving what seems to be incomplete advice (not explaining a tax return requires W2s/1099s) You are under no obligation to state who it is though. IMO A letter from the bank summarizing the last 12 months of activity should be just as sufficient as monthly statements. The new rules were just blocked by a court- so they are not going in to effect. Even if they were, (or do), before you resolve this you would not use the newer form. Based on all the information you have provided you did not come into a large sum of money that was suddenly deposited in your account that you would have to explain where it came from ( like inheritance or real estate sale for example) and you have documentation that the money has been in your accounts (perhaps slowly growing) for at least the last 12 months. So there should be no question of ownership when you show that.
  9. @dreamer1 and @designguy You guys are posting in the VAWA thread. The public charge issues do NOT apply to those filing VAWA.
  10. I can recall several members through out the years complaining about ads like that. It is based on cookies. I think only once it caused an issue where it appeared it was the new immigrant doing questionable things that caused the ads. It was never confirmed. But if you are the only user- I wouldnt worry about it so much- besides going in and cleaning the browser out!. I frequent the Effects of major changes subforum here and a few other forums like that other places and am always googling the oddest things so sometimes my ads are a bit crazy as well!
  11. https://www.uscis.gov/i-864w Natalysmile this is the form for the 864W. You do not need to show your bank accounts. Since you are filing from overseas you will be sending in just the 360. Once it is approved it will be sent to NVC (where you will provide the 864w, medical, etc.) and then it will go to the Embassy where you will be interviewed. (You would have done a similar process when you got the K visa.) They will place a visa in your passport and when you enter the US with it you will become a permanent resident.
  12. Once again you can respond to the RFE and only provide the tax documents/no co-sponsor. You take the risk of getting another RFE for the assets and adding additional time to the process or potentially getting denied. Its a very slim chance they deny and dont RFE for additional proof of assets but if they do you are going to have many more problems to deal with. So the best advice for you is to send additional proof of assets since you need them to count to qualify. Also the instructions does not say #2 is only for real estate. It says to complete part 7 1-4 which covers bank accounts, real estate, investments, stocks, etc. Look I can understand not wanting to send hundreds of pages of statements. But they want documentation! If you can get a letter from the bank stating your balance for the last 12 months then YES! send that along with the tax documents and you should be OK.
  13. Re-Custody Family courts in the US do not consider ones immigration status when making decisions. It is possible for someone who is 100% illegal with no path to legal residency to get custody or on the flip side have to pay child support. Immigration status is completely irrelevant in family court. With that said if the child is born in the US the first issue is going to be the names on the birth certificate. Because they are not legally married his name will not automatically go on the birth certificate. She will have to check with the hospital what the procedures are for adding his name. In most jurisdictions you can not simply add a mans name to the birth certificate with out his consent. I do not know if he would be willing to put his name on the birth certificate since he expressed not wanting the child. Plus to do so would require communication between them which is never recommended with abusive situations. Most likely she will end up leaving the fathers name blank either due to his non agreeing to sign it or her simply not involving him in the birth. She will then have to contact the local child support agency to find out what their process is for getting his name on the BC and obtaining a child support judgement. (most likely a DNA test will be done). With the child support judgement will come custody arrangements. Again the child support agency can advise her on what needs to be done and how to do it after the child is born- depending on if his name ends up on the BC or not. Its also worth noting that if the child is born in the US (and both parents are listed on BC) she will not be able to remove the child from the US with out custody orders saying she can do such. Unless he agrees she will never get permission from the court to remove the child from the US. So if she is considering leaving she would want to do so before the child is born. I understand this is not the plan but I just want you to have all the information. Now regarding DV issues and custody.... unfortunately the court has a unique view on this. Courts feel a parental relationship is the most important thing for the child. People just assume that if one parent is abusive the court will remove them from the childs life. They DO NOT. Depending on the specifics of the situation they may not award full or partial custody to the abusive parent but they most likely will get visitation (can be supervised or unsupervised). Courts feel having a parental relationship is in the best interest of the child- even if the parent is a piece of trash.
  14. I get the feeling there is something more you are not disclosing... Please check the instructions for the 864. They explain to use assets you need to submit documentation including proof of ownership and date acquired. Because as you said your case is specific to you it is unlikely you will find someone in the same exact scenario. If your income is below the guidelines by a few thousand but at the same time you have bank and investment accounts totaling 3x the guidelines its not strange for the Officer to wonder how you came into possession of such assets. USCIS also has a policy where they dont have to RFE you twice for the same thing. You already got an RFE for tax docs and a co-sponsor- so technically they do not have to RFE you for either tax docs or a co-sponsor again. But since they did not mention the assets on the first RFE they can send you a second one for the assets if they determine its needed.
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