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MariaElizabeth92

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Posts posted by MariaElizabeth92

  1. I am currently living in the US with my husband and our son. I have been here since September 11th, married since November 1st. We have been back and forth with the I485 (RFE's) but looks like it is finally processing. However, we have decided this isn't the place for us, and the three of us have decided to move back to the UK. The plan is for us to go over in December, though my husband will return to the US for 5 months whilst he finishes his degree. My question is, what happens in this case? If I do not receive my green card before December, can I just go? Will it affect my ability to visit in the future? Or will I just be able to come over as a normal visitor?

  2. I am currently filing AOS. My Husband's brother is acting as our joint sponsor. He has provided his 2013 tax return and W2. As he is only 19 years old, I am unsure that he has filed tax returns for the past 3 years. Do I still tick that he has done this on form I864, or not? Also, what is form 1099? Is it needed? I have his tax returns and his W2. I don't have my husband's 1099 either. Another problem I face is that my husband is yet to file taxes this year. Is it OK for us to send his 2012 tax returns, whilst sending my brother-in-law's 2013 tax returns?

  3. After filing for AOS using my husbands parents, both as 'household members' to sponsor our case financially, a lot has changed. Our application was returned with a few minor errors and a lack of evidence of earnings. Since that point, we have moved house, had a falling out with my inlaws, and my MIL quit her job. For the reasons stated, we made the decision to ask my husbands brother to co-sponsor our application using the I864.

    1. Can we change the sponsor considering the above?

    2. As our circumstances and application has changed, do we re-do the whole thing, or just provide my brother in laws forms and evidence? (nothing was returned to us, just a letter requesting a few things)

    3. Do we send a separate letter stating our change of address, or can we just note this in our returned application?

    Thanks!

  4. Husband's form part 5

    1. You the immigrant

    2. Your husband/sponsor

    4. The child

    Father in laws form part 5

    1. You the immigrant

    2. Father in law/joint sponsor

    3. ? Does FIL have a wife. She is counted here

    4. ? Does FIL have any kids at home or college that he still counts as dependents on his income tax.

    Yes my FIL has a wife. He is responsible for his wife, daughter, and me. His income meets the 125% guideline for a household of 4. My Husbands GI Bill only amounts to meeting the 125% guideline for 1 person. This is if both fill out form I864. However, if my husband fills out form I864 and my FIL I864A, their incomes will combine and meet the 125% guideline for a household of 6 (me, my husband, our son, my FIL, my MIL and their daughter). Am I right in thinking this, or does my FIL have to file I864?

  5. The purpose of both forms is not the same. It is not solely about where someone lives. You can have a joint sponsor fill out an I-864 and still reside under the same roof as them.

    An I-864 is used by a sponsor, either a primary sponsor or a joint sponsor. An I-864A is used by a qualifying household member to combine their income with that of the sponsor filling out an I-864.

    So, the USC petitioner/sponsor fills out their own I-864. If they have a qualifying household member willing to pitch in their support, then they would fill out an I-864A. If they need a joint sponsor, then that person fills out their own separate I-864. If the joint sponsor has a qualifying household member(such as a spouse) willing to add their support, then they fill out an i-864A to go with the joint sponsor's I-864.

    In your case, it would be like this :

    USC spouse (primary sponsor) = I-864

    USC spouse's father (joint sponsor) = Their own separate I-864

    Joint sponsor's wife = I-864A to go along with her husband's I-864

    If the income of the joint sponsor's wife is not needed to meet the requirement for their household size plus the foreign spouse, then the mom can skip the I-864A. Have the dad provide a W-2 along with their joint tax return in that case though, to show his individual income separate from their joint filing.

    ~ Moved from K-1 Process to AOS from Family Based Visas - topic is AOS, not K-1 ~

    Thank you so much for the help! Understand it much better now.

    However, do you know which form is more 'powerful'?

    My husband, being in full time education, only receives income from a GI Bill. We have savings, but these are lump from my account to his and so no proof of 6 months worth, therefore we won't be touching on this.

    We have a son together, even though he is a US Citizen, someone needs to show that they are financially supporting him.

    My husbands earnings only show that they amount to 125% of the poverty line for himself (even though we are financially OK and not relying on anyones support).

    My father-in-law is currently responsible for himself, his wife, and his teenage daughter..and me!

    My father in laws earnings cover 125% of the poverty line for 4 people, not 5. However, with my husbands earnings and my father in laws earnings, 125% of the poverty line is met to support 6 people (my husband, me, my parents in law, my sister in law, and our son). We can no longer use my mother in laws earnings as she recently temporarily left full time employment to pursue a self employed business project.

    For the reasons stated above, would you advise that we use form I864A for my father in law or go with the I864?

    Thanks again!

  6. I am filing my AOS Application. My husband is the petitioner, and my Father-in-law our joint sponsor.

    I am a little confused as to what to put on my husbands form. He is currently a full time student with a GI Bill received from time served in the military. His income does not meet the requirements.

    We have a son together, however our son is a US Citizen and not an immigrant.

    Do I go on both my husbands and my father-in-laws forms? Or just my father-in-laws?

    And does my son go on my husbands?

    Confused!!!

  7. Was your entire AOS packet returned, including your EAD and AP? Or was just the AOS returned?

    You included 3 separate applications in the same packet, however they are processed independently of each other. So if you have missed something on one application, it doesn't mean the others will have problems. It takes about 2 to 3 months to get your AP.

    My packet was not returned at all, I just received a letter stating the missing evidence and errors that they require. However, the form also states that the EAD will be processed within 90 days of receipt of said missing evidence. Whilst there was no mention of the Advanced Parole Document, I assumed these two kind of fell into the same boat.

  8. I sent off my AOS package early December with my husbands I864 and both of his parents filed the I864A (I assumed this was the sponsors form).

    Came back with a few errors. Looked into it a little further and apparently a sponsor is also to fill out form I864...My question then is, what on earth is the use of the I864A?

    The I864A states that its intention is for a person to combine their income to support the sponsor and intended immigrant. This is what we did... very confused!

    We have received a letter with points of information they require to be submitted all at once or we will be DENIED. Some of the points are for us to resubmit forms I864A with my husbands signature (he forgot to do one page)...

    Now, I want to send off forms I864 for his parents instead, meaning I will not be resending forms I864A as these seem a little pointless?... If I am to write a letter explaining the mix up, would this suffice?

    My main question is still, form I864A, what's your purpose???

  9. I sent AOS off early December, but filled it out incorrectly. I have two cosponsors - both of my husbands parents - even though I am sure one would suffice.

    My husband is in full time college with a GI bill and so we have a small income from that and his schooling is paid.

    When we sent the AOS off to begin with, we put both cosponsors in, however we filled out forms I864A for them and not I864 - this was the problem. They've looked at it and assumed we don't have enough financial support. A couple of weeks ago, we redid the forms and they have been sitting ready to send off... now, my husbands mum is quitting work THIS week. They both work at the same place, and also have a business side project. My Mother in Law has quit her full time job so they can better pursue their business. My Father in Law is still in full time employment.

    My question is this. Do we just send all the forms off with both cosponsors and stating that my mother in law is employed, or do we scratch her off the cosponsor list?

    For the record, we both have savings and are good with money, we're not taking a dime from either parent!

    We also have a 9 month old, but he is classed as an American Citizen... on the forms, are cosponsors financially responsible for him? I assumed not...

  10. I sent off for my AOS start of December. Was returned with a couple errors early Jan and have yet to send it back (will be doing so this week). With my original package, I applied for EAD and Advanced Parole Document. I am under the impression that the processing of these two are also currently at a stand still until I return my corrected documents.

    If I am to send them off this week, how long will it be before I get my Advanced Parole? I am contemplating travelling back to the UK at the very start of April, and wondering if this looks likely?

  11. I filed my AOS in early December. Early Jan it was returned as instead of form 1864 for sponsors they filled out I864A.

    With the previous package, we included tax returns for 2012.

    However, with it now being 2014, we are wondering if they require tax returns for 2013. Nobody has filed their tax returns for 2013 yet, is this something we have to do before we send for AOS again?

  12. So we are in Nebraska and it is effing COLD right now. 10 minutes into our almost 3 hour drive to Omaha, the car breaks down and we sit on the side of the road for more than an hour! We had set off really early to ensure we were there on time. Neither of us had a phone with us AND baby was in the backseat. Car began freezing over. Luckily got enough life in it to get us back home, but now we are too late to get to Omaha, and cannot risk it as we KNOW the car will do the same thing again, especially with a little baby in the back!

    ANYWAY, we recently got home and have been endlessly trying to reach someone, ANYONE, to inform them I won't be there and I need to reschedule! NOBODY is picking up. Any immigration line is clogged to hell with a 30 minute plus wait time. The Omaha office keeps going to answer phone. Checked if it's open and it says it is.

    What happens in this case? If I can't get through before my 3pm appointment, will my application be considered void as it says so on the letter? Or do they account for unfortunate events like this one?

    SAD FACE.

  13. Moved to US 11th September. Married 1st November. Currently going through AOS process. Sent all evidence early September, however have been sent letter requesting further evidence (due to fact that we supplied form I864A for joint sponsor, not form I864). In the process of redoing forms etc.

    My question is, how many people are denied AOS after being approved the K1 visa. Me and my husband have a very solid relationship and marriage, solidified mainly by the fact that we have a son together. My son, though born in the UK, obtained US citizenship at birth.

    There are no holes in our relationship and we did not break the terms of the K1 visa. I am not particularly worried about the AOS either, but it has been such a lonjustaunting, and expensive process, that I am beginning to become a little nervous. Is denial of AOS rare, or does it happen often? And does a child together affect the decision? Our son is 9 months old. I fell pregnant only a few months after applying for the K1 visa, but he was 3 months premature (on paper it seems like we only applied for a marriage visa because of a pregnancy!)

    My husband recently finished his contract with the US Army and enrolled in college. From being in the army he receives a GI bill. His schooling is paisd for, alongside his books, and he receives $1050 per month BAH.he also receives grants every term. The amounts vary. On top of this, we both have savings. We have been temporarily living with his parents who are acting as joint sponsors, collectively making far more than the 125% poverty line needed. Would it help our case if my husband was to take up a part time job? He was working, but quit to spend the summer in the UK to help me with our son. We saved enough money so that he could spend his time away from school with me and our son when we arrived in the US.

    I am just rambling on with my concerns, but do you think our case looks to have a positive outcome? Thanks!

  14. So last week we sent off my AOS package. I am a UK citizen, and had my medical done in London at Knightsbridge Doctors.

    Everything went smoothly with the medical, besides for needing my second dose of MMR. I didn't have the funds at that present moment in time to have the shot there and then, and put it off until I landed in the states. Here, I simply went to Walgreens and the pharmacy there did it for me. (The team at Knightsbridge Doctors simply told me I just needed to get it done, could have been my doctor, or any other)

    I know that I had my medical done prior to my London interview, and that it was a vital requirement for that. However, the AOS package also required it.

    I was given a package by KD Medical Practice which I assumed was a lot of information, turned out to just be a cd with my chest x ray on it. Regardless, I sent this off, with a letter stating that I was required to have my second dose of MMR AND a signature from the guy that gave me the shot here in the states.

    Received a letter back two days letter informing me that the media I had provided (the cd) could not be used......

    I'm stumped.

    I paid a looooot of money for a medical that 1. Doesn't show very much and 2. Can't be used!

    Do I just print the x ray off and hope for the best, or contact the medical practice that performed the exam?

    Or is this all normal?

  15. Hey guy

    i would like to know if is it easier/faster to apply an K1 visa or to get married outside of US and apply for a visa ?

    - other question, if someone (US citizen) get married outisde of the US embassy, will he have to provide proof of salary and have to have a minimum wage ?

    and present supporting document ? what if this US citizen isn't doing great and have a very bad credit and currently working with small jobs ?

    I went through the K1 route, for them to even LOOK at our application took 9 months. It was 13 months after applying that I finally moved to the US...if I could go back, I would probably look into the other route in more depth. I'm not sure what the average timeline for that is though. However, people seem to be having a lot more (and much faster) luck with the K1 this year.

    Yes, you will always have to have proof of income/financial means to support your non american dependent. If you cannot meet the expected standards, you will need to find a co-sponsor who can meet these terms.

    Good luck!

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