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diwanrayan

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  1. Like
    diwanrayan reacted to A'n'L in Leaving US after Green Card   
    What steps to establish US residency did you take before you left? Do you have a driver's license, bank account, credit cards, proof of owning or renting a property? Is your wife in the US, or abroad with you? 
     
    As a rule of thumb, absences of less than six months are ok. Up to one year should be fine - but you may be scrutinized on re-entry (thus the need to show proof of genuine US residency as suggested above). If you're short on proof of residency and your leave is close to one year, obtaining a re-entry permit is highly recommended. However, you should've applied for one before leaving (you need to attend a biometrics appointment in the US). 
  2. Like
    diwanrayan reacted to newacct in Need Help with I-864   
    INA 322 doesn't apply to your kids' situation. In the INA 322 process, the USC parent files N-600K while the children are residing outside the US, and then when that's approved, the kids must enter the US as a nonimmigrant, usually B2 visitor, to enter the US to take the oath, and only upon taking the oath become a US citizen. B2 (and most other types of nonimmigrant visa) requires that the person not intend to immigrate to the US. You guys are relocating to the US, and therefore, their B2 visa will be denied or they will be denied entry. They will not be able to do the INA 322 process. This process is for when the kids are not relocating to the US and will remain residing abroad.
    Since your kids are relocating to the US, their path to US citizenship is different -- it involves them being petitioned to immigrate (i.e. get US permanent residency) and entering the US with an immigrant visa (which is what you guys are doing right now). Once they enter the US with an immigrant visa, they immediately become US permanent residents, and, per INA 320, they also immediately become US citizens, without needing to do anything. Because they immediately become US citizens (and thus any sponsor's obligation would immediately cease anyway), they don't need an Affidavit of Support and can use I-864W.
  3. Like
    diwanrayan reacted to newacct in Need Help with I-864   
    This is the wrong law. INA 322 is a voluntary naturalization process for children residing outside the US and who do not intend to immigrate to the US. You want INA 320, which is the automatic citizenship for children permanent residents living in the US with a US citizen parent.
    I am not sure where you got that from (what "Part C"?), but it does seem to be from the right law. After the child moves to the US (and becomes a permanent resident upon entry), he/she will be living in the legal and physical custody of you and your wife.
  4. Like
    diwanrayan reacted to aaron2020 in Need Help with I-864   
    Google "Child Citizenship Act."
    I got confused because you kept referring to yourself and the children. That's not the relevant relationship for them becoming US citizen. Neither is being your wife the relevant relationship. The relevant relationship is between the children and a US citizen parent.
  5. Like
    diwanrayan reacted to aaron2020 in Need Help with I-864   
    Correction. Your wife files I-864w for each of the children. The I-864 is waived for them since they will automatically become US citizens upon entering the US with immigrant visas.
    Your wife files an I-864 for you. You and the children are included in her household.
    Your Joint Sponsor files his own I-864 for you. Only you will be included (not your wife and not your children) in the JS's household.
    She needs a US domicile or proof of the intent to establish one by the time you and the children enter the US.
    Her children would only be US citizens if she meets the physical presence requirement before their births and the OP has already stated that she does not. Google "is my child a US citizen" to learn about this requirement.
  6. Like
    diwanrayan reacted to aleful in Need Help with I-864   
    hi
    your wife will file an i864 for each of you and attach a letter explaining why wasn't she required to file taxes
    the other person will file an i864 for each of you as well, and attach financial proof and proof of citizenship or being a LPR
  7. Like
    diwanrayan reacted to nane1104 in my life is over , i just got released from jail, i'm innocent, husband he did it   
    Focus on the things you can do right now, your legal problems will get sorted out later.
    1. Pack your belongings and go to a women's shelter or the police and have them take you. DO NOT stay in the same house with your husband anymore. He sound evil and things will get only worse from here on out. Get out, today.
    2. Ask for help at the shelter, tell your story. They are there to help you and advise you and can talk you through the next steps.
    Don't worry about a job interview right now, you first need to make sure you are safe. You are not safe right now.
  8. Like
    diwanrayan reacted to madtownguy in my life is over , i just got released from jail, i'm innocent, husband he did it   
    Don't you have any family? Maybe they can get you a ticket to your country? Relationships don't always work, I would move on and try to get away from this drama as soon as possible. You are worried about what he might do or what might happen, just step away from the situation and move on.
  9. Like
    diwanrayan reacted to Karmalious in my life is over , i just got released from jail, i'm innocent, husband he did it   
    Wow, I am so sorry about this....
    Unfortunately, Domestic Violence & false accusations of Domestic violence are common here in the United States. I was also arrested for domestic violence on a false accusation. I have since those years ago become a nurse and an advocate for victims of domestic violence.
    worst of all, if your arrested at all. Even if it was a false arrest, it will always be on your record!!! A police officer 10 years from now will still see that on your record search if anyone ever looked.
    ONLY A FEW SOLUTIONS EXIST: ( for your legal problems )
    1. It sounds like you need legal "defense", a lawyer. You need to find a lawyer or a "company/firm" that not only works in criminal defense but also immigration! You may need some immigration protection depending on the type of "charge" you received. This process here in #1 is lengthy and the law system here in the United States is known for being slow. However, it is also known for being a money-#######. While bribes are illegal in the United States, I have realized from experience that money can pretty much make any problem go away. So, if you value your new life in the United States, then get a lawyer!
    2. You could just do nothing. Our legal system in America provides you with a FREE criminal attorney to you if you cannot pay for one. You will goto a pre-trial conference. The prosecutor ( the people who are after you ), will probably offer you some sort of plea-deal. They will offer you something like "Plead guilty, and we will drop the charges down to a misdemeanor and give you 1 year of probation. If you accept that deal, then you are finished. Or you can refuse the deal and the entire process will go to court ( like you see on TV )..... The biggest concern of mine that I have for you; is THE Exact charge they arrested you for. Because usually a person who is arrested only for their first time, usually does not get a felony for domestic violence. what did they charge you with?
    3. You could abandon your citizenship. When you are released out of jail they tell you not to leave the state or the United States. But, it's possible.... you could get on a flight right now and go back home. But you would be abandoning your citizenship, leaving un-resolved legal matters, and making it extremely hard to come back to the United States.......... I would know because my wife took this option #3 before we got married.
    Again, this whole situation sucks. Often times in these situations, not everyone is completely innocent........ There are many more types of abuse that purely physical. If you need to chat, or if you need more detailed information on the "legal process" here in America... Send me a private message and I can help you navigate through it. I have been arrested more times than I would like to admit.
    OPTIONS REGARDING ABUSIVE SPOUSE:
    - Please read the comments above from Shauna&Wael.
    - Victims of domestic violence are protected here in the United States.
    If you have not already left your spouse:
    1. First thing to do is call a "domestic violence" center in your local town. If true that the police were already there once before, then they probably gave you a letter or a hand-out paper that lists several resource centers in your home town.
    Your Goals should be to:
    1. See if you can file a temporary injuction. A lot of states have protections in place for you and frequently they can give you full control of the house where you live. Especially if you are the victim and you have nowhere else to go. This is state-dependent and not all of the US states are the same.
    2. Or find other housing alternatives: friends, family, or such as a woman's shelter , homeless shelter,
    3. Talk to a lawyer, and find the correct path for fixing your legal problems
    4. JOB - Make that money $$, you will need it.
    Escaping Domestic Violence is not something that is easily done. Here in the United States it can be even more difficult given the housing situation here in America. It is extremely expensive to try and leave a spouse with nothing on your back and not a dollar to your name. But, you should ask for those resources we have mentioned..... And all you can do is say that "I deserve better", and "you will get through this".......... Because, I promise you. You can do it....
    God bless.
    (PS) - Send me a message if you really do need some guidance. I can help you find local resources in your home town also.
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