Ash.1101

30 minutes ago, TonyMichael said:

I'm seriously at a loss what to do as even attornies with good reputation still give me shady or sketchy advice. 

 

If the i751 cases only took 6 months or so, I might be able to stay married butivinf in California with all this pandemic, its gonna take 1.5 to 2 years. There's no way I can stay married for that long. It's not healthy for both me and my spouse. 

 

So I'm thinking about applying jointly for the time being because my Gc will expire in less than 2 months and I dont have time for divorce, and in a few months divorcing my spouse, and I'll submit the receipt or proof of it to USCIS with a letter explaining the divorce process has begun. Then as soon as I get a decree I'll send it again. 

 

What do you think? 

 

Reviews aren't everything. If they have been skirting the law but have historically made their clients happy, then they will have a good rep as an attorney that "did everything they could!", lawyer to lawyer their rep might be kind of dirty and less respectable, but lawyer to client, they might look like the bees knees.

You plan of divorcing and starting the process now is the better of choices for sure.


 

K-1 because we didn't want to marry and then be seperated. Yes, we COULD have done it, as we were in a long distance relationship for years, but we didn't want too.

As for right now, some countries aren't allowing those from the US in, so a USC can't just go get married to someone else in a lot of countries and vice versa. K-1 may have a longer wait, but at least you don't have to figure out how you're going to get to each other countries to get married at the moment for CR-1.

13 hours ago, ra0010 said:

This is super clear! I wish I had met you before. Sent tax account transcripts, ended with a RFE. Lesson learned!

Just make sure you have ALL of the information right. It could have been a combination of a  number of mistakes on the form and from what you sent that got you your RFE.

I think that poster was backwards, tax transcripts are always better than tax return + W2 combo. Transcripts from the IRS are the ones you want to send.

Also, did you figure out what your households would be and what your fathers households would be?

 

20 hours ago, Ayrton said:

Joint sponsor doesn't fill out 864a. Joint sponsor fills their own 864.

 

Household members fills out 864a.

Yeah I was trying to figure out what he was doing here. It looks like he was trying to count his entire household in his income, adding in I864s. Then it looked like he was going to use his dad as the joint sponsor so the mom needs to fill out the i864a (looks like I miswrote that uptop!), but then there was a back and forth on if the brother is a dependent or not and the confusion on who's household is what. 

3 hours ago, Maggiekhu said:

My mom has income, I just print the whole package of federal tax and also send w2 for all of us. Just wondering my household size will be 4 right? I dont need to count my brother in he is dependent under my parents and he just turn 18

all of us dont have 1090 since we mostly is w2 employer

Was your brother a dependent on your fathers most recent tax return? If so, he's still a dependent for these purposes. Turning 18 doesn't make you a non-dependent.

I feel that you may be over complicating the household thing.

If you are using your own information without a joint-sponsor, then your household is 2.
If you are using a joint sponsor then when you fill out YOUR I-864, your household is 2 (You and your spouse). When your dad fills out his I-864a (along with other household members), his household is either 3 (Dad, Mom, and your spouse) or 4 (Dad, Mom, Brother, and your spouse) depending on if your brother was claimed as a dependent or not on the most recent tax returns.

4 hours ago, HulkySun said:

Thanks,  so what do you consider minimal not borderline ?

Wow likely denial eh?

I didn't have a job and my mom originally cosponsored making more than 3k above the min required for a household of 2. We ended up needing a 3rd person to provide a I-134.

It's a thing. If your employment history is shady or if you have always skirted that income (showing no raises, things like that), then the chances are higher that they will want a cosponsor.  Seen people on here within a couple of thousand dollars above the minimum still get asked for a cosponsor, since it's based on the totality of circumstances, not just the flat number.

I also am on board with the find a joint sponsor just in case and get working at that second job.

35k in Cali won't go far with 5 people in the household, I'm sure the CO will know this and question a bit harder on the income.

The worst thing you can do is assume that meeting the minimum is enough, a lot of people have gotten bit that way.

14 hours ago, Letspaintcookies said:

Whit a divorce waiver one doesn't have to wait till the two years a over. She can file as soon as the divorce is finalized 

Oh dang,  I guess I've missed that for a while now. Thanks!

40 minutes ago, Lucky Cat said:

What would you appeal?  You were unlawfully in the US.....and subject to removal.

Agree'd with this.

You weren't detained and removed unlawfully or by accident. You were detained and removed because you were in the country illegally.  How you became illegal (coming across a border, letting your lawful status run out, etc) doesn't matter. Illegal is illegal.

24 minutes ago, MertUS said:

You are so biased and judgmental.you are not reading what I say. She has kids she can’t move here. 

Please note that the government doesn't care about your or your future USC wifes situation.  Just because you didn't know about your lack of status, doesn't mean it wasn't your job to find out. USCIS expects you to understand what your status is, ignorance of the law doesn't absolve you of the law.

It's not a right to live in the US if you are not a USC, it's a privilege, and that privilege doesn't have to be granted and it can be taken away.

Note, you are NOT entitled to live in the US and your future spouse is NOT entitled to live with you in the US. 

One of the most common immigration myths is that if you marry a USC you get to live in the US or that you have a right to live in the US. 

3 hours ago, Americansponsor said:

this is a good response, thank you- what I am trying to determine is if she tried to remove the conditions.  I believe the part where you stated I would not be able to determine status covers that.

Removal of Conditions doesn't happen until her 2 year green card is turning 2 years old.

Based on what you are saying, since you married in 2019, she wouldn't remove her conditions until 2021.

Her choices are remove conditions with or without your help (like you could be kind and help her with any info she may not have and need) or leave. Most people just choose to remove conditions with a divorce waiver, and it's something she never has to talk to you about.

I think the most you could do on your end is call and find out if the I-864 is still active, but that's about it. You're not privy to her status.

I wouldn't bother sending them back.

But note that anything you send needs to be page by page, if its bound it needs to be easily unbindable (think 3 prong folder or binder, clips, etc.), they have to be able to put them through a scanner.

31 minutes ago, carmel34 said:

OP, I don't think @Lucky Cat 

 

Although the IO might question why you couldn't return before April when your re-entry permit expired--even with the US/Canada border closure, LPRs can enter the US.

the last part is the part that would get the OP sadly. 

39 minutes ago, Britt1976 said:

Excuse me It happened to me!!! I went through interviews and had submit affidavits from me and my husband saying it was a true marriage. Who are you to say my experience is incorrect!! Unbelievable!! Educated yourself before opening your mouth!!! Do you think someone can get a green card through marriage and then get divorced and not get questioned  on the legitimacy of the marriage??? If that was the case everyone would be doing it. I’m not commenting on this anymore. Its as waste of time with the stupidity of these remarks. 

Literally everyone that gets divorced gets questioned unless they have POUNDS of evidence. Some people come on here knowing they're divorcing before they even apply for their 10 year green card and end up fine.

I think the problem is, is that you felt you had a bad experience prior regarding marriage and immigration, when your experience is routine and expected to anyone who has seen it (most of us).

The good news is, your immigration problems will be residency related and not marriage related.

Go marry your significant other, go be happy, debate on living in Canada, America is on fire right now.

Good luck with everything and make sure to do your research in case you have to do a spousal visa if your PR status gets revoked.

10 minutes ago, Britt1976 said:

I don’t want to get PR through a new marriage. I want to keep my current status.  It DOES matter if you get divorced. I stayed in the country for 4 years as a resident after my divorce but still got called in after it was finalized for an interview and had to prove it wansnt a marriage of connivence. They could have pulled it from me and I would have had to resort to a work visa. I had company lawyers that I went through for the entire process. 
 

No I have not tried that, but will look into it thank you. 

That green card is ONLY tied to the spouse who you got it with. It is NOT tied to ANY other subsequent spouses. That is why people are telling you marriage won't affect it.


Your situation happens to plenty of people here. This isn't a shocker or something weird, but it ONLY happens with the marriage you got your green card from. 

Your future spouse will have NOTHING to do with your green card. Your green card is yours based off YOUR own status due your divorce from your prior spouse and proving your relationship was legit.
 

12 minutes ago, Britt1976 said:

You can get PR through marriage, but it has nothing to do with it?? Does that make sense to you???  I have been through this exact situation where my divorce affected my status so please do us all a favor and check your facts before commenting. 

The only way you could get PR through the new married to your USC spouse is if you completely lost status and had to start over with a spousal visa or AOS.

You understand that once you have a green card, whoever you marry does not matter UNLESS you lose your status and you are trying to get it through the new USC spouse right? You also don't have to marry, you could just stay single forever and remain in the US.

As long as you keep your GC updated and valid THROUGH RESIDENCY, then you could marry and divorce 100 USCs and never have to fight for your PR status.

7 minutes ago, Britt1976 said:

No actually you cant get married and divorced 100 times. When you get divorced your PR gets pulled unless you can prove it wasn’t a marriage of convenience. The answers that were given did not say that my PR would not be affected if I get married and that was the answer I was looking for, not comments on my abandonment and comments about where I get married. And prepare for the worst? I can go back and get a reentry permit next month and be fine, so your comments are not helpful. 

No one here would ever think your PR status would be in jeopardy BECAUSE you are saying you are getting married. 

It's a VERY easy assumption to believe that, unless you are committing polygamy, that you have already ROC'd  or any other step and proven that if your green card was based off marriage, that you had a legit marriage and either that spouse has died or you have gotten divorced, that then yes, you can infact get married and divorced 100 times because your green card has NOTHING to do with marriage anymore.

Yeah, that same answer was answered multiple times above just more short and sweet. It's possible everyone was confused as to why you thought marriage would affect residency, since your green card has nothing to do with marriage since you are clearly unmarried and available to get married, but has everything to do with where you live.

No, marriage doesn't affect it, you can get married and divorced 100 times as long as you maintain residency.

Residency (where you live) is the only thing that matters.

The longer post just states what could happen to you, I would prepare for the worst personally.

1 hour ago, Cndn said:

 

Edit: It also really amuses me that USCIS places any importance on a credit score. A credit score usually means someone has incurred debt, and has nothing to do with financial competence. 

Agree'd. In my first marriage, credit cards were my bane. I racked everything up, after 5 years of marriage I was rocking a credit score in the 400s. It was bad.

After the credits aged out, I disputed all of them. They were all taken off my credit report either due to their age or because the creditors couldn't prove they were actually my credit accounts.

Now I'm generally 680+. I can't say I'm more financially competent at all, I just have more self control than I had when I was in my early 20s.

My husband carries his in his wallet at all times. 

With an accounting degree and work experience in accounting, my husband didn't get any responses for any accounting type jobs when he came here. He applied for an overnight stocker at a groceyr store here, and while hard work, he did that for 3 years before being promoted to a day time lead role. He actually makes more than me and I'm a manager at one of the stores. 

 My husband and I make about 70k working in a grocery store for about 4 years now (pretty sure year one was 25k, to 35k to 50k to 68k, all due to raises and promotions), we're both eyeing corporate positions in the company when the times right, as my husband has a degree and I'm earning mine. This will mean each of us will make what we make combined right now. 

Weirdly enough working a grocery store has been a blessing in disguise and I don't see either of us leaving the company until we retire. While the last few weeks have been insane, we never had to worry about a loss of income.

11 hours ago, 8591 said:

Thank you, by the way my wife called to IRS and they told her that you can file non filers and you will be approved or not. I do not anderstand one think, ok I made a mistake but no one there looked through my aplication.

For things like that, that are pushed out so quickly that there most likely wasn't a human behind your application, but a computer system that verified your info.

The system is assuming you are truthful because I'm sure at some point it makes you agree that everything you are typing is correct and to the best of your knowledge, and then it probably simply confirmed your SSN in the data base.
 

Since you filed as single, and your spouse and child don't have an SSN, the system wouldn't have known anything was incorrect because it wasn't given that information. It would have just agree'd that yes, you say you are single and yes that is an SSN of a single person with no depedants.

 

Yeah, any date changes mean they're at least looking at the case.

Think of it as, every time they type in or click your case number and it brings up your file, every time they close that file and move on to another it "updates" the case.

What they are doing when they are looking, who knows, but at least they're checking up on your case.

There won't be any online updates until a case processor actually opens up your documents. In this case, your mail was signed for and now it needs to go to the proper people. Them just receiving the documents at their location isn't enough to have an update done in the system, someone actually needs to go ahead and scan it in, and THEN send it to someone who is going to review it.

Personally, with all of this going on and knowing that they are lightly staffed, I would give it until the middle of next week.