pushbrk

If she had legally adopted him, it would be different. Her situation is fairly common in the Philippines but there is no path for her nephew to immigrate with her.

Then I take it you are seeking to adjust wife's status, not a spouse visa. Is there any actual tangible reason to suspect marriage fraud? If not, don't worry about it.

If you never got a receipt notice with a case number, there would be no way for you to check on the outcome. The I-130 you now want to file will ask if you ever filed a petition for anybody else, and the result. You can answer with the where, who, and when, and indicated you divorced and the result of the petition filing is unknown. You've been asked at least twice already why you mentioned marriage fraud. Why did that even come to your mind to mention. That is the only potential problem I see with the new petition. Another question. Was the former spouse in the USA when you filed? How about the current spouse. In the USA, or what country? What country of citizenship for the former spouse you filed for? These are highly relevant issues. You cannot receive reliable advice here without answering directly.

Click on the word "Guides" at the top of any page here. You will seek a spouse immigrant visa. When she enters the USA, she will become a Lawful Permanent Resident. Three years later, she can apply to be a US Citizen.

It's good you have a qualified joint sponsor, but your own affidavit must be accurate as possible. Your 2024 income is not your "current income". Yes, it's the number to enter in the tax section but not the number for current annual income you are using to qualify. My advice is to have a plan for how many pay periods you will be working during the 12 months starting the day you sign your updated I-864, and calculate what that income would be. The only difference in that formula and the standard one is that you will multiply the gross income by a smaller number. These two obvious mistakes in your first affidavit (current income and not counting your child in the household) indicate to me you failed to study and follow the I-864 instructions. If you didn't follow them, chances are your joint sponsor didn't either. Time to become an A-Student of those instructions, and redo and re-submit both affidavits and their updated supporting documentation.

While the above is the normal formula, the OP says he is not expecting to work the full year. He also already filed an I-864 and must have stated a current income. Knowing how he did it already would be helpful. I expect he also has some sort of plan as to how many pay periods he actually expects to work during the next twelve months. There is no magic answer to his question without further information.

So, how did you determine what to enter as your current income? You already submitted an I-864.

Are you self employed or employed? Details matter in answering this question. The unmarried child under 21 is counted in the household whether you support them or not.

If she has full custody in the divorce decree, that is usually sufficient to avoid the need for consent. Court ordered full custody is very powerful. Absent that, get it or pay him off. Be aware that for him to "consent" it really means he may never see the child again. He cannot force the child or child's mother to arrange visits to Mexico, and he may never be able to get a visa to visit the USA.

It is not required at this stage, but you can upload additional documentation to CEAC before you are Document Qualified. Not a lot of marriage fraud out of Canada though, so not really critical considering what you submitted already with the petition.

I'll just add a note that the sponsor must still be qualified at the time of the AOS interview which could about a year after filing. You must also have a plan for how you will support the couple and get insurance for the fiancee.

If it has already been 8 months, it seems a bit long after your response. I would have expected action within a month or so, but there is no set standard for this.

How long after filing did you receive the request for the missing letter of intent? It's not one letter. It's one from each of you.

You will need to exceed the requirements of the I-864 when you file do adjust your then spouse's status. Time to become and A-Student of the I-864 and its separate but excellent detailed instructions. The income requirement, in practice, is the same as for the I-134, 125% of the poverty level for your location.

The correct answer is to enter your mother's maiden name.

No. Just type their name in the native alphabet in that section of the form and indicate there is no foreign address in the same section.

You now seem to understand where the official information you need is found. Follow those instructions. You cannot upload a piece of paper. You'll be uploading a digital file. It doesn't matter at the filing stage whether it is the original digital file or one you create by printing and scanning. You might want to add a sheet to the file pointing out you are using the annotated marriage certificate instead of the divorce decree. If filing by mail, on paper, you send a printed copy.

I'm not any kind of lawyer, but I've been dealing with these processes here on VJ and elsewhere for just over 20 years. Further to the OP. Key to this process, is the ability to read carefully, interpret literally, and to then answer and respond accurately. Your confusion is from not interpreting literally. There are no questions or answers involving where marriages or divorces may later have been "registered". The questions and documentation are for where the things occurred. While there are substitute documents that can be used in some isolated situations, none of them come from a country where the event being documented did not occur.

Regardless of your potential overuse of pronouns I'll just cut through them and say this. The reciprocity by country information available refers the type of documents. It doesn't matter whether the document is needed for a petitioner or a visa applicant/beneficiary. What matters is what is being documented. In this case, it is a marriage and a divorce that both neither of which took place in Poland. So, no document from Poland is relevant to documenting THIS marriage or divorce. When filing an I-130 for spouse, all marriages and divorces or death of spouse are disclosed and documented for both Petitioner and Beneficiary as supporting documents to the filing. I haven't noticed anything from an immigration lawyer, but the correct advice has been given.

Cheap or fast, don't figure into the process. What she has now is also not the point. It will be what it will be. The marriage and divorce happened in Brazil. Get the documents and translations relative to Brazil. Neither event happened in Poland. PERIOD. The I-130 and I-130a forms ask where marriages and divorces took place. You answer with the truth, and document with the applicable certificates. There is nothing nuanced about those two issues.

I would welcome any additional opinions or explanations too, but mine is that the wording was not properly vetted, and the literal translation is not what is being enforced. The baseline really is records for age actions of persons after turning 16 plus.

Just a note that USCIS fees cannot be paid by check anymore. Has to be submitted with signed G1450 form for a debit or credit card.

The fact that the rejection was sent to the attorney indicates the attorney submitted a G28 form. That means USCIS and NVC will be contacting the attorney, not you, when the petition is approved. If you want to do the rest yourself, then ask the attorney to withdraw the G28.

A copy of his passport. Yes, the visa, when issued, is valid until six months from completing the medical. Nothing needs to be sent in, unless specifically requested. Affidavits of support and supporting documents are uploaded to CEAC.

While your understanding might be technically correct, it is always best practice for the two spouses to both sign affidavits. Usually, it would be the highest income on the I-864 and lower income on the I-864a. The reason Consular Officers usually require both forms is that the affidavit of support is not just to show the ability to qualify financially. It is also and primarily a contractual financial obligation between the sponsor and the US Government. So the married couple has a joint obligation. If this husband won't consent, find a new qualified joint sponsor and submit ASAP.