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visawaver

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Posts posted by visawaver

  1. My wife is an LPR, with the conditional 2 year green card.With the conditions, can she still petition for an unmarried, and over age 21 daughter?

    If we read the instructions correctly,all that is needed with the I-130 is a copy of the petitioner's green card and a copy of her daughter's birth certificate.

    Is this right?

    On an average basis,what kind of time frame should one expect for an approval?

    Also what happens when the petition gets approved? Is there an Interview? What kind of visa and documents does she receive and where? Will an I-485 petition be necessary later on?

    Thanks!

  2. We got approved! The interviewer did ask to see my divorce papers, and was a little miffed though when I didn't have them or some bank statements.She had our original application with all the copies we sent in though,so we quickly found the needed papers in her pile of stuff.Also asked to look at a few photos,current tax return,and proof of living at the same address.

    She also gave us a mini lecture about how the right way would have been to do a K3 in the wife's home country.However no mention of the seemingly obvious "intent".(Intent isnt an issue anyway if petitioner is a US citizen)

  3. Our AOS interview is tomorrow.We have everything ready except for the decree from my previous divorce.

    I sent the divorce papers in already with the I-130, I-485,etc applications, probably about three copies total for the AOS application.I just realized I ran out of copies of my divorce to show at the interview!

    Will they really ask to see my previous divorce papers?

  4. After sending in our adjustment of status packet from VWP, I was curious to know, in what order do the petitions/documents get approved?

    Does the I-130 get approved first, than the I-485? Or is everything approved at the same time? What about the EAD?

    Also, at what point does the "temporary visitor" status of the VWP change, and what does it change to? Does the first NOA letter grant any legal status to stay in the US like someone with a real visa? At what point is an "A" number received?

    We sent in our I-130 several months ago,then sent in the I-485 package later.Does that make approval of the I-485 any faster?

  5. Couple of questions.On form I-864 I am required to show a minimum of 19,388 for a family of 2.Would one be required to show this amount for the 2012 tax year only?

    Income for most recent tax year, 2012 is $23,234

    2011- $16,090

    2010- $18,587

    income for next year's tax returns, for 2013 should be about the same as 2012.

    So if I average the 3 most recent tax years, 2012,2011,and 2010, it comes to about 19.088 per year,$300 less than the minimum needed.

    Is the amount for 2012 all they care about?

    Can I go with this income,or should I list my other assets?(I would like to just qualify on my income alone if possible)

    If they decide that the income alone isn't enough, will Immigration RFE you to give you a chance to show other assets, or will they just deny your application right away?

  6. More fear mongering fraud screamers I see."Intent" is not a factor for those married to a US citizen. Furthermore,there is no law against changing one's mind.Immigration is more concerned about the validity of ypur relationship.To say that having a previous I-130 shows previous intent is just plain false.If you are currently in the US,you can adjust status.Do not listen to these people who are preoccupied with showing off their "knowledge" of immigration law by screaming "fraud and "intent" every chance they get.They are just plain wrong and seem to enjoy misleading people.

  7. My experience-My spouse and I filed an I-130 and I-129 F.My spouse then entered on VWP for a visit.No questions asked at the POE by immigration,she was just waved through with a smile.She then changed her mind and decided to stay so we filed AOS here.Just received the temporary papers and we are now waiting for the biometrics appointment.No problems,things went fine.This after I was accused and warned by people on visajourney that we would be committing fraud,that we have obvious intent,etc.I have found some good advice here but there are also some who go overboard with the screams of "intent" and "fraud"

  8. My wife came to the US on a VWP visit,intending to return to her home country to file a CR-1 after a few weeks here.Well in the mean time she lost her job and now doesn't want to return to her home country.I have read that it is best to wait 60 days after entering the US to file the AOS,so as not to appear that the entry was for the purpose of immigrating.Is this true,or should we stop wasting time and just file the AOS now? We have already filed an I-130.

  9. My spouse and i (I'm a US citizen) filed an i-130 in august,intending to get a spousal visa CR-1 in their home country.In the mean time my spouse recently came for a visit to the US on a visa waiver program permit,intending to return after a short visit here.After 2 weeks here my spouse was informed that their job in their home country has been given to someone else! In short,now my spouse has nothing to return to in the home country.No more job or place to stay.Can we try to petition for AOS now that my spouse is here? Is it worth a try? If so, can we use the receipt of I-130 form that was sent to me instead of filing a new one,along with the I-485,etc.?

    If our request for AOS is for some reason unsuccessful,could we still fall back on the CR-1 route later?

  10. Would like to hear from people that have applied for a K3 visa.There seems to be a common narrative at visajourney aimed at discouraging people to apply for a K3. Recently there are a growing number of threads that refute this line of thinking,saying the K3 was faster in their cases. My immigration attorney advised me that indeed,they are now processing the K3's faster,sometimes in as little as 2 months and that I should apply for one, which I did.(my I-130 was sent in two months earlier). What is your experience,Is it really "obsolete" or is this just part of an obsolete agenda that some people here are pushing?

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