GabsUSA

@gabsusa he is not currently living with me, he lives with his mother/my fiance in Brazil. I am just here visiting but will fly backk to the US. Once the visa is approved they will both live with me state side...

Ah! I apologize for the confusion on my part.

I can't say with any degree of certainty what you must do, but somewhere along the lines you'll need to notify someone.

You'll want to make sure at the very least your fiancé has the baby's paperwork (birth certificate, etc.) on hand for when they arrive at customs.

I don't believe you'll need a passport, but it may require some kind of footnote on the visa.

Good luck! And congrats on the baby!

The OP is male (i'm assuming) and he is Brazil where they had their baby. That's why they are filing the CRBA and getting his passport. He will need a passport to enter the US from Brazil.

Last line of OP's message said "he" in reference to the fiance so I assumed *she* had just given birth stateside. Of course it is possible I may have completely missunderstood...

I'm following this thread because I am in the same situation and want to confirm my thought.

I'm thinking since your son will be USC it doesn't change or effect the K-1 Visa. Once your son has his passport and your fiancé has her Visa they will be ready to come to the US.

Congrats on your new baby!!

Her son will only need a passport if he is not currently in the US.

All visas are to allow you to enter a country when you are not a citizen of that country.

As long as their son does not need to travel, they dont have to worry about it.

The embassy will only care about the application for the K1 visa. Since your son (assuming) is living with you, he won't need his own visa. Of course no reason to not say anything either.

The only issue I see you will have down the road is having to show that you have enough income to meet the requirement for your (then husband's) AOS application.

You need to relax! As a general rule, Embasies wont take your passport unless they plan on granting the visa. The fact that they kept his passport is very likely a good thing.

Take a deep breath and wait to see what comes of this. You could end up making things worse if you try to fix something that isnt broken.

Good Luck!

It's delivered but we still didnt get any message from the uscis

You wouldnt yet. They still haven't opened your package.

It will take about a week before you get their notice, but at least now you know its in their hands.

Its just a matter waiting until the next pickup. It didnt take too long for our I-485. If they pick up the mail daily (which they should) then you should see it delivered tomorrow.

This is normal. You sent your package to their Post Office box which now has to be picked up by USCIS.

The difference with the second address is that it would be delivered by courier right into the actual building the package will end up in.

You dont have to do anything else, just wait for it to be picked up by USCIS.

I guess I've learnt something new !I should of saved the stress of the k1 visa and done the same thing lol

Ah, but that there is the difference! As you described their situation, they had not intended to use the Visa Waiver as a way to immigrate. Its not as clean as using the proper visa (in their case it would have been a K1) but that is why they are being told to avoid travel until it gets resolved.

They will be fine as long as they adjust ad wait until they have their Advance Parole before returning home.

As long as your AP was approved, you should be all set.

Put in your actual residence.

He becomes eligible for O Care when you file for GC not when he becomes a LPR.

The mandate applies to many who are not US Citizens or Permanent Residents.

I was about to say the same thing... I was just on the phone with Healthcare.gov reps over the weekend and it seems to me that, like with everything else, some reps are more knowledgable than others when it comes to immigrants.

OP - Not sure if this is going to confuse things more for you, but at the moment we have filled for AOS and have been submitting our paperwork to Healthcare.gov for coverage. Because we have already received our NOA for AOS, I am elligible to apply for and receive coverage. In our case however, we just got married this year so it does not affect the USC's tax filling for 2014.

From what I understand, you should be exempt from the penalty for 2014 because last year you were not elligible to apply for coverage (because you had not filled for AOS). I believe what others have said before is correct... you need to file as Married filling Seperately to avoid confusing things tax-wise. This should avoid the question of wether or not your spouse had coverage in 2014.

Good Luck!

I'd like to point out that this is what the VJ guide says specifically on this matter:

Declaration of how you met in person in the last two years. This should be a single typed page attachment regarding question '34.a' of the I-129F. Make sure to sign and date it.

Obviously it's luck of the draw, but why chance it?

See that's what I don't understand about how some people come to the conclusions about this question.

They are asking how and where you met in person.. Not how you fell in love and noticed the sparkle in each other's eyes ?

That may be so, but the fact still remains that it got us through without any additional requests for information. We wanted to make sure nothing else was going to be needed. Besides, I never said ours was romantic. It was factual from the moment we actually met to the moment we met in person. Each case is different and because of that, it may not just be enough to say, "we met on this date at this place".

I think they are vague about the meeting details to see if someone is dumb enough to tell on themselves by explaining too much

Agreed, but they probably also find people that explain too little and then send out an RFE.

Wow.

I have done 3 K'1s and all 3 I was able to fill in the blank provided on I-129 form. Example I was in Philippines on 11/22/2014 and met her at airport.

If they had a problem with longer explainations, they would not allow you to add an attachment to explain in details.

To each their own, like I said, we purposely added as much details to make sure we would not get an RFE.

For what it's worth, we had a one page description of how we met, what attracted us to each other (as far as likes and dislikes) and how it got us talking in the first place, then went on to how we have known each other over the years, how we have kept in touch and finally how and why we decided to meet in person.

Througout our I-129f, we decided that we would give much more information than what was actually required (when appropriate) and make sure that there was no doubt that our relationship was genuine. In fact, at the end of it, because of all the work that was involved, the USC petitioner wrote a cover letter to explain how important it was for us to have gotten all the details right and how we wanted to make sure everything that could potentially be needed was included from the start.

As other's have said, it doesn't have to be long winded. The truth is that whoever read our petition may have rolled their eyes and would have rather we kept it to just the minimumn amount of detail. Either way we made it through without an RFE and I think that we can all agree, that's what we strive for.

You don't need to be romantic, but you should make it feel natural. If the way you write tends to be more romantic then so be it. After all, the people processing your case are human too.

It should be ( C )( 9 ) for a k1 entrant.

The guides have the most information as it pertains to your visa journey.

If you have any specific questions, we will be more than happy to help.

That being said, if you are under IR-1/CR-1 I dont think you need to submit an AOS... which will help us guide you.

Thanks GabsUSA I rather be under Administrative Processing, but I don't wanna risk they find the white lie

Very welcome!

Good luck! Let us know how it goes for you.

I figured, hence my "white lie" coment.

The link I sent you has a comment that includes the following:

Below are some exceptions to being affiliated with or a member of a communist organization or government.

• If the membership is or was involuntary, solely under the age of 16, by operation of law or for the purpose of obtaining employment, food rations or other essential of living. OR
• The membership or affiliation terminated at least 2 years before application for admission and the applicant is not a threat to US security. OR
• The Attorney General grants a waiver to a USC spouse for “humanitarian purposes” to assure family unity or when it is otherwise in the public interest if the applicant is not a threat to the security of the US.

From what I gather, you are better off telling the truth and have a written explanation as to why you are a part of the PCC. You will have to accept the fact though, that it will put your Visa under Administrative Processing and await an advisory opinion.

The alternative would be to hope your white lie is never found out...

Maybe the little white lie is that everyone is a member of the PCC?

Actually, looking through VJ, there seems to be similar concern with the Chinese Communist Party.

Take a look at this link:

http://www.visajourney.com/forums/topic/439586-how-to-approach-ds-230-question-about-communist-affiliations/

Ryan H.'s response seems like it would apply to you.

Good luck!

If the Petitioner's income is somewhat above federal poverty level then does the spouse of Petitioner required to fill-up I-864A (if the Petitioner and petitioner's spouse are filing taxes as Marring filing joint ) ? Spouse is not working and Spouse's only income is bank interest.

This is for sponsoring Parents.

From the instructions for I-864A:

Form I-864A may only be used when a sponsor's income and assets do not meet the income requirements of Form I-864 and the qualifying household member chooses to combine his or her resources with the income and/or assets of a sponsor to meet the requirements.

You are not required to use form I-864A, however, make sure that your income is above the povertyline for the size of your household, dependents and the parents you are sponsoring.

You can make sure that you are above your household's poverty line here: http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

We had a letter from the USC's employer that we had used for the I-129f. You should add as much as possible, but as long as you get the transcripts of your tax returns for the last 3 years, you should be all set.

I'm sure someone will correct me if I am wrong, but the I-864 is meant to be required only for the individuls who will carry the burden of supporting the intending immigrants. As long as the sponsor makes enough to support themselves, spouse, children if any or other dependents as well as the immigrating parents (and still be above the poverty level) you should just need one I-864 for that sponsor.

However, if you need your income as well as your spouses to meet that poverty line, then you need one I-864 for both.

Small Edit:

I just noticed you said I-864A.

The above should still apply, the difference would be that if your spouse is the main sponsor, you can use I-864A to use your income as well, however, if you are the only sponsor, then you should just need the I-864 for yourself.

The I-94 is now electronic, you can find it here: https://i94.cbp.dhs.gov/

Just follow the prompts and print out the result. You'll need that for your SSN and AOS packet.