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SilentJester

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Posts posted by SilentJester

    Toronto Consulate?

    in US Embassy and Consulate Discussion

    Posted

    Thanks, I was afraid of that. Another question, when it's time for the interview under the K1 visa, do both need to be at the interview? Would she have to fly up here for the interview date? If so, how much notice do they usually give for the intervew?

    YW :)

    Make a trip out of it, that's what Nick and I are doing...Montreal is beautiful!!! We are going to take the train from Toronto and stay for a few days.

    The USC is not required at all to attend the interview..it's your interview, not the USC's. She can come with you if she likes though, that's not a problem.

    I don't know how much in advance they give the interview..I think it's like a few weeks to a months notice or something...I'm not sure.

    I'm sure someone will know!!!

    :)

    Laura is absolutely correct that the USC is not required to be there, but it sure doesn't hurt! When my wife went for her interview I went up to go with her...funny thing though, when she was called in for the actual interview I was in the bathroom... :P I wasn't even aware that I was allowed into the room with her but low and behold my wife opened the door to the bathroom and goes: "Hunny....you need to hurry up..they want you in the room too" The majority of the questions asked once I got there were all asked to me, was pretty odd!

    That was in 2004, though..and again it's not REQUIRED for the USC to be there, but Montreal was a city I was interested in seeing, and actually being there with my wife for the whole thing was the best support she could have gotten from me. If it's possible for you to go, go...if not, no biggie! :thumbs:

    My wife had about a 1 month notice for her interview, but again, that was 4 years ago and I am not sure how well the system there is flowing now, so take that with a grain of salt.

    Overstay on the Visitor Visa Waiver Program

    in Bringing Family Members of Permanent Residents to America

    Posted

    Just a note on your worry of the overstay....don't really think you have to worry about an "overstay". Canadians can enter the USA with no visa to visit, while it is technically a VWP, it does not follow the same guidelines as a normal VWP entrance. Unless otherwise instructed at the border by the CBP officer, a Canadian is permitted to stay in the US for up to 6 months just like a B2 Visa holder would be. Having no I-94 is normal for many Canadians.

    As for the I-864...

    Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ affidavit of support whom you are still obligated to support

    http://www.uscis.gov/files/form/I-864.pdf

    So basically if he claims his children as dependents on his tax form he will need to account for them on the I-864, at least that's how I'm understanding it...someone please correct me if I'm understanding that wrong. How I understand it, it would be himself + you + your kids.. so 4 since he does not claim his children as dependents and they do not live with him. Your husband must fill out an I-864 as well, the petitioner is required to fill one out even if they have a co-sponsor.

    Your co-sponsor, if they have no dependents living in their household, would then need to have an income level 125% above the poverty line for 4 as well: Him/Herself, You, and Your children. If your co-sponsor claims your husband as a dependent then that would mean 5.

    http://www.uscis.gov/files/form/I-864P.pdf is the 2007 guideline numbers, they are still in effect until spring of this year. Someone please correct me if I'm wrong on the I-864, it's been so long since I've had to do it.

    Alternate Sponsor Question...

    in US Embassy and Consulate Discussion

    Posted

    Sure, he can do that...as long as his income can support another person to be sponsored.

    Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ affidavit of support whom you are still obligated to support.

    http://www.uscis.gov/files/form/I-864.pdf

    Confused about question #9.

    in Removing Conditions on Residency General Discussion

    Posted · Edited by SilentJester

    This card is to be used by all aliens to report a change of address within ten days of such change.The collection of this information is required by Section 265 of the Immigration and Nationality Act (8 U.S.C. 1305). The data isused by U.S. Citizenship and Immigration Services for statistical and record purposes and may be furnished to Federal, State, localand foreign law enforcement officials. Failure to report a change of address is punishable by fine or imprisonment and/or removal.

    http://www.uscis.gov/files/form/ar-11.pdf

    The alien needs to notify USCIS that they have moved via AR-11 as well as anyone that filled out an Affidavit of Support for you if they have moved as well, via form I-865. If the address you live in currently is the same as the one they have on file, I'd assume you're fine...someone can correct me if I'm wrong. If this is a new address from the one they have on file it's best you send those in as soon as you can. I haven't heard of anyone actually being removed because of it, but I wouldn't want to test em! :thumbs:

    http://www.uscis.gov/files/form/I-865.pdf

    I Got a RFE today :(

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted · Edited by SilentJester

    They later reversed their decision on it and granted her a visa, but she decided to perform via satellite anyway.

    Edit:

    In regards to the topics discussed in this post, I direct the OP to this link - http://immigrate2us.net/forum/showthread.php?t=9364

    Read the first two posts, the whole story does not apply to you as you have not EWI'd, but the first part may ring a bell.

    I Got a RFE today :(

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    http://travel.state.gov/visa/temp/types/types_1268.html#stay

    You should carefully consider the dates of your authorized stay and make sure you are following the procedures under U.S. immigration laws. It is important that you depart the U.S. on or before the last day you are authorized to be in the U.S. on any given trip, based on the specified end date on your Arrival-Departure Record, Form I-94. Failure to depart the U.S. will cause you to be out-of-status. Additional information on successfully maintaining your immigration status while a student or exchange visitor can be found on the Immigration and Customs Enforcement (ICE) website.

    Staying beyond the period of time authorized by the Department of Homeland Security (DHS) and being out-of-status in the United States is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the U.S. Select Classes of Aliens Ineligible to Receive Visas to learn more.

    For nonimmigrants in the U.S. who have an Arrival-Departure Record, Form I-94 with the CBP admitting officer endorsement of Duration of Status or D/S, but who are no longer performing the same function in the U.S. that they were originally admitted to perform (e.g. you are no longer working for the same employer or you are no longer attending the same school), a DHS or an immigration judge makes a finding of status violation, resulting in the termination of the period of authorized stay.

    Staying unlawfully in the United States beyond the date Customs and Border Protection (CBP) officials have authorized--even by one day--results in your visa being automatically voided, in accordance with INA 222(g). Under this provision of immigration law, if you overstay on your nonimmigrant authorized stay in the U.S., your visa will be automatically voided. In this situation, you are required to reapply for a new nonimmigrant visa, generally in your country of nationality.

    How much clearer does it need to be made?

    You are illegally present in the United States of America.

    You can not adjust status to lawful permanent resident from that of illegal immigrant.

    You need to talk to a very good Immigration Lawyer to help you understand this.

    Let's put it this way..If my wife could have just walked on down from Canada and stayed for 8 years illegally and then just file for AOS, then why, oh why, have I spent 4 years and thousands of dollars to get her here?

    Because it's ILLEGAL

    I Got a RFE today :(

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    After reading some of your past posts I see that you entered in 2000 on a B2 Tourist Visa, stayed past your valid I-94 date and just simply never left? Like I said..your worry over the I-864 is moot at this point, you have no basis to even file an Adjustment of Status application, and that is what you need to be concerned about. You very well may have set yourself up to be placed in removal proceedings, and you need to contact a very good immigration attorney and explain your situation to them see what course of action you can take at this point.

    I Got a RFE today :(

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    What was the original visa you even entered on? How long was it valid for?

    The RFE is the least of your worries at the moment, an overstay of over 365 days carries a ban on entry to the United States of 10 years, which can be "forgiven" with an I-601 waiver(provided you qualify to file one) and a Hardship letter by your USC spouse explaining how he/she would suffer extreme hardship if you were not allowed to re-enter the country. I agree with all of the above posts telling you to seek a qualified immigration attorney, you really need one at this point. Try to ask some questions at www.immigrate2us.net , they may be able to better help you understand your situation and direct you to a good attorney.

    AOS - Request for Initial Evidence I-864

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted · Edited by SilentJester

    From the I-864 Tips Section here on VJ

    When assets are used, the assets must equal 5 times the difference between the annual income and the

    needed 125% of the poverty level, this is because the affidavit is in effect for 5 years. For instance, if you

    needed $15,500 income and had an annual income of $13,500, you would need an extra $2,000 of assets for 5

    years, or a total of $10,000 in assets in addition to your income. In general, if you are deficient on yearly income

    for sponsorship and your assets are somewhat borderline, do not take chances--have a co-sponsor. If you do not

    have a job or a steady income from other sources (such as retirement income), you will likely have to get a

    co-sponsor for your spouse, even if your assets are adequate. The USCIS looks VERY CLOSELY at current income

    and not just the assets.

    Were the assests you showed equal to 5x the poverty guideline you need to be at? That MAY be their reason for the RFE....other than that I'm not sure. Maybe someone else can help you a little more. :thumbs:

    Question about I-751.....am I worrying too much?

    in Removing Conditions on Residency General Discussion

    Posted

    We sent our I-751 off 1 month before my wifes card expired, a week or so after the 90 day window opens wont cause any harm. Depending on the Service Center you are using, it generally takes only a few weeks to get your extension letter.

    As for your second question...I would send a copy of the deed, don't see how it could really harm you...I'm sure someone will come along that can give you a better answer for that one. :thumbs:

    Filling out the forms, got a question about taxes

    in Removing Conditions on Residency General Discussion

    Posted · Edited by SilentJester

    Yep, tax transcripts are easy to get and free. Bonus is that they're smaller than the original forms, so you won't spend so much money for copying and postage. I can't think of any reason to use anything else, unless you've procrastinated so much that you can't get transcripts in time.

    Call 1-800-829-1040 (1-800-TAX-1040) and follow the prompts.

    I should have enough time. My stuff expires on march 29th... so I just submitted so when i get it in a few days, i'll be able to send it off...

    thanks guys!!

    Ugh, just ran a problem. I got the transcript order for my SSN# but when I try to get one for my wife, it states it cannot be done... Does a joint only show up under 1 SSN#?

    Thanks

    Your taxes should have been filed with either you or your wife listed first. Whoever was listed first on your 1040 is the SSN# to use for the transcript request. If yours worked and you filed jointly, that should be the right one :thumbs:

    What evidences did you submit?

    in Removing Conditions on Residency General Discussion

    Posted · Edited by SilentJester

    Joint Tax Transcript from 2006

    Copy of joint bank account statements, 1 each from 2005,2006,2007 - random months

    Copy of our lease with both of our signatures on it

    Copies of Electric bill and Gas bill from our old apartment that were in both our names

    Pictures from family events and a wedding we went to

    Copies of Health Insurance cards showing the same policy

    Copies of a Joint Credit Card

    Proof that my wife was listed as the beneficiary of my life insurance from work

    Really all I can recall at the moment....may have been a few more things that I am missing but that about sums it up. Case was approved with no RFE's

    *edit* Don't be discouraged about the wait time for it, we got ours approved in almost exactly 6 months. Really not THAT bad at all compared to the times for some other parts of this journey! :yes:

    Taking a trip to Niagara Falls

    in Moving to the US and Your New Life In America

    Posted · Edited by SilentJester

    My wife and I were just there over Christmas, I had a passport, but it is definitely not required yet as the above poster said. Birth Certificate and photo ID should be plenty.

    ...fair warning, due to the Canadian dollar and American dollar being at par usually now a days, the prices of food on the Canadian side of Niagara are outrageously high because they have not been adjusted to compensate. Try to eat on the American side if at all possible.

    We stayed at the Embassy for 2 nights, lovely hotel and they gave us an upgrade to a junior presidential suite for an additional fee of only $40 a night. I recommend that hotel if you have yet to book one :yes:

    The Applebee's right between the Embassy and the Fallsview casino seemed to have the most reasonable prices...AVOID THE DENNY'S!! :thumbs:

    Attached a picture of the view from our room there, was beautiful.

    post-14659-1199757661_thumb.jpg

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