arsv

URGENT!!!!!

Does anybody have a draft of a letter they sent requesting withdrawal of joint petition I-751 and the Affidavit of support?

I'm confused, I thought you couldn't petition for removal of conditions jointly if you are going through divorce, that you have to wait until the divorce is finalized and have the decree to actually petition removal of conditions with the divorce waiver.

Am I wrong? I assumed that if you apply jointly it means that all is well and good. If you file for divorce, then it's obviously not.

I can only assume that you petitioned jointly, then after petitioning you filed for divorce.

Please clarify.

I got divorced in Nov 2007 and applied for AOS in late Jan 2008, receipt dated early Feb, 2008. My biometrics were taken in March 2008. I didn't hear anything from USCIS until early August 2008, at which point I was informed that my case was transferred to my local USCIS branch. In mid-Sep 2008 I got a letter saying that I have an interview in mid-Oct 2008.

I left drained. In about 2 weeks my green card was approved, and I got it 3 weeks after the interview.

Hope this helps. Happy to answer questions.

Congrats and thanks for posting your experience.

2 questions out of curiosity.

How long did it take from when you filed for divorce to when it was final? Did you apply for removal of conditions while divorce was pending? (I'm in California too and I think it takes 6 months for a divorce to become final)

Also, did you get the 10-year visa or a one year extension?

Thanks,

Adrienne

Situation:

Currently married - (married in Jan 2007, been separated since late August, 2008.)

Immigrant spouse has CPR until June, 2009 (can petition removal of conditions as early as March)

We are splitting amicably, and I (USC) will help foreign spouse however I can, but also want to protect myself and move on with my life. You know love is blind and when it ends you are left with the mess.

In California, final divorce takes 6 months, so if we file in December, it will become final in May - meaning foreign spouse will have to file for removal of conditions in May. Is it possible to file for removal of conditions while a divorce is pending (assuming file for divorce in December and petition removal of conditions in March? Technically, at that time we would still be married. Any pros/cons for either USC or foreign spouse?

We were told (by immigration lawyer) that if we get divorced, and foreign spouse petitions removal of conditions by himself, then it may be more difficult for them to prove marriage was bona fide and they may not get 10 year visa. How much more difficult is it for the foreign spouse to prove the marriage was bona fide if they apply after a divorce? I have searched vj and have never found anyone being denied removal of conditions, even some cases that were rather sketchy.

If we stay married, then it is easier, as I (USC) am there to prove the marriage is bona fide. Can't I just write a letter? Furthermore, I am thinking about moving abroad, or at least to another state, and if it comes to an interview, I won't be here. I need to move on with my life too, ya know.

Of course the marriage was bona fide, it just didn't work out.

When I say protect myself, I mean financially. I'm sure it is understandable that when two people are married and in love, they will generously assume responsibility for the other in case of whatever. Meaning the spouse is "on the hook" for any debts incurred by the other." Now that we are no longer in love, I am not so willing to assume this responsibility. This is fair, right? Furthermore, we are splitting amicably and neither of us is asking for anything, property, alimony, nothing. We have no children or property for that matter anyway. Just this stinkin immigration process.

Can married couples draft a formal agreement, that will hold up in court or to debt collectors or whoever that their debts are theirs alone and the spouse cannot be responsible for them?

As we are no longer living together, obviously we have to send in change of address form, or at least one of us does. The fact that we are not living together now, will this affect the possibility to remove conditions?

Now as for the affidavit of support. I have read that people were able to successfully withdraw, but that was before the CPR was rec'd. Any chance to withdraw after CPR rec'd and before removal of conditions? Also, is there a link to exactly what constitutes means-tested benefits and what doesn't (I read unemployment benefits are not means-tested.) If I am not able to withdraw the affidavit, is there a formal legal document that can be drafted, provided we both agree, saying that I am absolved of this? He does have another sponsor, but I am the spouse.

Thanks for all your help

what was the spyware you installed? may be useful for others (i.e. me)

Thanks

Well, not to complicate the varioety of aswers you have received, I did read a stroy of a person, who having realized that his wife was not really in love with him, believed his wife had was immigrated only to get into the US. He was told that he could have had her conditional GC revoked if he chose to go through that process. So, what I understand from that story is that only once you have the full GC can someone no longer pull back support.

This is apples and oranges. Without the "support" of the USC spouse, it can be more difficult (far from impossible) to remove conditions but that "support" is for filing and any interview. The I-864 is binding when the conditional green card is in hand or when the immigrant visa is issued and the obligations continue until one of the prescribed conditions are met.

Withdrawing the I-864 is not the same as withdrawing support.

What do you mean withdrawing the I-864 is not withdrawin support? The I-864 is support, the affidavit of support.

So what's the bottom line?

Say the immigrant has a conditional permanent resident card, but the marriage sucks and ends before soliciting change to (non-conditional/regular) permanent resident. If the USC spouse wants, can he/she be removed from any obligations of support? Does having a co-sponsor help? Does the immigrant have to leave the US if the USC spouse removes themself from any support obligation? and/or does not participate in the solicitation of a permanent resident card? Or if there is a co-sponsor, can the immigrant stay and the USC is removed from sponsorship responsibilities?

just that the mail carrier left it outside???

No it is really delivered! but you did make me laugh!

Also-don't worry about the photos just yet. If they want a second set, they will send you a RFE telling you how to submit them.

You will be able to register your case numbers from the NOA1s witht eh USCIS site and check there for touches.

Lastly, don't worry about the 1-94 expiration. You are now officially in "adjusting status" status.

Thanks! it's better to laugh than cry. HA!

hello, i guess i can finally join this group, i think

march 26 mailed

march 28 delivered

april 2 NO WORD/NOTHING

just for clarification, everybody mailed it to:

US Citizenship & Immigration Services

PO Box 805887

Chicago, IL 60680-4120

????

and everybody sent it certified so that you can track it at usps.com???

and does DELIVERED on the usps.com site mean that someone actually rec'd it, or just that the mail carrier left it outside???

and for "touches" they use the email we put on the I-485???

also, annoyingly, i have two more questions:

i just realized I forgot to send two additional pictures, apart from the two sent for the G-325, with the EAD/I-765. What should I do?? Do I need to make an infopass appointment or just hope the two additional fotos aren't necessary??

also, if my husband's I-94 expires on April 5th, it doesn't matter right, because we already married, whether or not they receive the AOS before or after the 5th. But they probably received it right, oh man, I don't know. arrgghh

speaking of sealed envelope, is everybody getting a sealed envelope from the civil surgeon too??? how do we know what is in there is valid, and that the uscis won't lose it? it seems pretty common to get an rfe on the medical no matter what you do?

some clarification please

this is ridiculous. i need some clarification.

everybody got their medical done within the past year.

the crazy uscis people kept it at POE

everybody sent in their I-693a with the AOS package

everybody got an RFE!!! requesting the entire medical because the uscis LOST IT?????????

you can't be serious

i need to know because, as everybody else, my husband doesn't have the I-693 (obviously they took it from him at POE)

he got the supplement (I-693a) filled out by an authorized civil surgeon, is up-to-date on vaccines, but the thing is, they gave him a SEALED ENVELOPE. now, first how do i know that what is in it is what the uscis is looking for (it says do not open, return to department of immigration sealed) and how am I supposed to put a #10 envelope in the package, which is an unrelated question I have also, are we supposed to put the package together the same way as the K-1? you know with the two hole punch at the top of an AVERY folder (what an expensive investment that was abroad) anyway.

some advice on this sealed envelope, anybody else get a sealed envelope? how can I prevent they lose it and how do i know what's inside is what they want?

though I like the advice below of spelling out the fact POE took it, rather tedious but...

thanks in advance

Definitely check at an Infopass appointment, though. In my thread (which I linked above, I think), someone linked to a thread by Anastasia, who got an RFE for the I-693. She assumed that it was just the vaccination supplement they wanted, but her case got denied when she sent that in.

Which is to say it's never safe to assume.

I don't know what's different between her case and mine (or yours); maybe they really lost her medical. Maybe she needed to write the note about the medical exam being in her K-1 file. In my note, I made a point of mentioning that the USCIS officer at my local office had instructed me to proceed this way, then prayed for weeks that they wouldn't deny me if that wasn't the right advice. Apparently in my case, this worked.

Yes, you can change who is co sponsor when filing the I-864 with AOS application.

Thank You, Wjr.

this is the answer I was looking for!!!

follow-up questions:

does the person who was the co-sponsor on the I-134 still have any obligations to "support" the immigrant? or are they basically withdrawn from any responsibility simply as a result of not also being the co-sponsor on the I-864? Is the I-134 just for show, and this co-sponsor has no real obligations anyway?? Furthermore, in this case, are there any additional documents required to submit indicating that the I-134 co-sponsor is no longer able/willing to be a sponsor and there is now a different co-sponsor for the I-864?? a side question, what is this talk that if a co-sponsor is married, the spouse also has to sign something. the fact is that the original co-sponsor was the husband, but now he can't do it, but his wife is now going to do it. the wife is the immigrant's cousin. does this reflect in any way?? your thoughts are greatly appreciated!!!

gracias por las felicitaciones y la atencion. como se siente estar casados con gringuitos ya un a~o? al principio, me quede en shock, pero ya etoy sumamente feliz!!!!!!!!!!!! bueno, solo ha pasado una semana.

entonces, para clarificar, si hay que tomar examen medico (de nuevo). la idea es buscar un doctor (autorizado) economico, verdad?

pregunta? se acuerdan del sobre cerrado - adentro toda la informacion incluso el examen medico, que habia que entregar en la entrevista, y luego se lo devolvio con el pasaporte con la visa, otra vez cerrado, y habia que llevarselo en el viaje, y entregarlo al agente de immigracion. bueno, a dennis no le devolvieron ese sobre, solo la radiografia. asi que no tiene nada de su examen medico, ni siquiera su historia vacunal!!!!!!!!!!!!!!! eso significa que estamos jodidos?? va a tener que vacunarse de todo otra vez? co~o, pero va a salir recaro y ademas no es aconsejable vacunarse cuando no le toca, verdad? que paso?? sera que el agente de immigracion se equivoco por no haberle regresado el sobre??? pero entonces USCIS deberia tener toda esa informacion? si es asi, podemos llamarles y pedirselo, o mas, si ya la tienen, por que la necesitan de nuevo? o sera que tiene una copia el doctor en venezuela que se le hizo el examen, guardan esas cosas alla?? se puede llamar al doctor y pedir una copia por fax o algo asi????

a ustedes les regreso algo el agente???

what do we do???? we have nothing!

thanks sooooo much

chiki

hello all of you beautiful people. mil gracias por los consejos. vamos a seguir los pasos, con la ayuda de uds. y entre nosotros dos. ya somos familia nos casamos!

creo que tenemos un problema grandisimo. no entiendo lo del examen medico. hay que mandar un formulario <i-693>? o i-693a? o mandar un DS-2030??? no tenemos nada asi. Los resultados medicos y de las vacunas se las quedo el inspector de immigracion de miami, que fue por donde Dennis llego. Este Sr. le entrego la radiografia...y mas nada!!!!

Acaso el inspector tenia que entregarle a el los documentos de vuelta???

Acaso debe hacerse examenes medicos nuevos???

Que podemos hacer???

Miil gracias!!!!!

La chiki y Dennis

Hola Dani es Dennis ahora quien escribe!!!

Mi pana mil gracias por la invitacion!! bueno nosotros estamos en Milwaukee asi que creemos que llegariamos un poco tarde !!!jejejeje...de cualquier forma en cuanto tengamos la oportunidad de estar alla en Charlotte, que aparte te comento que a la Chiki le encanta: pues no dudaremos en pasar a probar esos tortelinis Scratch!!! aparte que he de necesitar tus recetas para entonces ocuparme en estos proximos 4 meses jajajaja, yo tambien he estado experimentando mis cualidades culinarias y ayer le prepare a Chiki una pasta con salsa de mandarina y pavo jajajajajaj....bueno.

Gracias de verdad por tu informacion, es solo que estabamos contemplando que si un abogado me facilitara el poder trabajar antes de esos 4 meses...pues podriamos pensar en endeudarnos o estudiar la manera de asumir ese gasto.. Pero bueno, es parte de este denso proceso....que ladilla.

En cuanto a lo de los formularios, claro, de mi parte he de adelantarlos y asumirlos sabiendo que chiki esta full trabajo, el rollo es que mi ingles no es el mejor y no quisiera por mi iniciativa spanglish ...pues cagarla...como decimos en venezuela jajajaj(sorry)

Nada, obviamente duro con eso y lo solventamos porque si!

Hablando de otra cosa, estas totalmente invitado con tu esposo a nuestro pequeno apartamentico a tomar vino y que yo les prepare la cena!!!

Empeze clases de Ingles avanzado (eso dicen ellos) asi que seguro podre convesar contigo y tu esposo...

BUeno mi pana, no frecuento tanto el foro como Chiki, asi que igual mi correo es "devg161080@hotmail.com" ,

estamos en contacto!!!

Tratando de entender esta pagina y el foro se despide,

Dennis

Abrazos a todos!

Hola a todos, gracias por la bienvenida, les cuento que estoy super aliviada y agradecida por ustedes y este forum. ya que necesito mil consejos!!!!!!!! se que es el repaso infinito...

como ya le contamos, estamos los dos en estados unidos, y now what?? es la pregunta.

a ver si entiendo bien.

primero - dennis no puede trabajar, como no le dieron el sello ead en el port of entry? y aun con un numero de seguro social, tampoco le da derecho de trabajar?

a ver si estamos siguiendo los pasos bien....el viernes pasado cumplio dos semanas aqui, fue a la oficina de social security y aparecio en el sistema, parece que va a llegar la tarjeta de seguro social dentro de dos semanas. esto esta bien???

este viernes vamos a casarnos, esta bien.

seguro seguro no puede trabajar?????

ahora, me imagino, justamente despues de habernos casado, hay que mandar el AOS y el EAD?? parece que el EAD llega dentro 45 y 60 dias. como era la experiencia de ustedes???

bueno, me preocupa que lo de mandar el primer paquete con el I-129F fue la parte facil, aun asi, eso me costo un millon de tiempo y energia y duda y preocupacion, etc.... entonces, estamos pensando en contratar un abogado. eso, a mi me suena horrible, gastos innececarios, etc... por algo que pudiera hacer yo. pero como estoy dedicada y dependiente de mi trabajo, obviamente para mantener a los dos, puede ser buena idea para no perder otra vez energia y tiempo y preocupacion en mi capacidad de hacerlo todo yo. que opinan????? es que estoy totalmente perdida en los siguientes pasos y la verdad es que ya me da ladilla y me imagino estoy ladillando a ustedes con tantas preguntas repetidas. de verdad ustedes hicieron todo el proceso solos, o sea sin abogado??? y que tal??? y creen que un abogado puede hacerlo mas rapido y mas cuidadoso???

mil gracias y desculpe el fastidio.

un beso

chiki

saludos gente de venezuela, estamos escribiendo por primera vez a todos ustedes; de todos modos, su informacion ha sido muy valiosa! una vez escribi a carol, y me respondio inmediatamente, y otra vez a otra persona, se me olvido quien, pero tambien me respondio muy rapido y la informacion fue excelente, ya que estamos los dos, la chiki, o sea la americana, y dennis, el venezolano, aqui juntos, nos estamos presentando. hola.

esperamos quedar en contacto mas con ustedes y ayudar en la manera que podamos a los demas que estan haciendo este proceso demasiado ladilla jeje..

por si les interesa, nos enteramos que a partir de abril, ya no van a dar licencia de manejar a quien sea con partida de nacimiento, van a requerir la residencia permanente o la ciudadania, asi que para nosotros de la K-1, que seguramente tenemos menos de dos a~os aqui / casados, apurense.

dennis tiene frio

ciao

Are banks actually issuing letters?

My bank just gave me a print-out of numbers.

Is there a specific word/title for the letter immigration is looking for, a la:

To whom it may concern,

XXX has had an account at XXX bank for XX years. XX has deposited a total of XXX in 2006 and XXX's curent balance is XXXX.

????????????

Or should I just go with my pay stubs and forget the stupid bank?

Does the bank letter (if it actually exists) have to be notorized??

Do the pay stubs have to be notorized?

Can they be copies, or do they have to be originals??

THANKS

It seems to me that doctors try to force you to get vaccines (more money), even though they are not required (specifically in reference to the K-1 medical & interview in foreign country), and even if you've already had them when you were a child (most are good for life).

RE: discretionary power of consulate - Any suggestions on getting to the truth? Ask the foreign doctor? I doubt anybody answering the phone at the embassy will have the time of day or knowledge to answer this type of question: if the consular officer has discretionary power.

Ok, now i'm confused... i thought that when you have the medical exam done in CDJ that the vaccinations are a requirement to get the medical clearance. Are you telling me that you can choose not to have the vaccinations done at the time of the medical exam for K1 in CDJ? In that case we could have them done after the wedding here in the US and my health insurance would cover the vaccinations for my husband.

For a K1 visa, a medical exam is required. Vaccinations are not required until AOS in the US. Apparently some medical clinics and/or consulates make their own rules - CDJ is not one of them. They are aware that K1s are not required to get vaccinations.

http://travel.state.gov/visa/immigrants/ty...tml#Vaccination

Vaccination Requirements

All applicants for immigrant visas are required to have the following vaccinations, if appropriate, for age, medical condition, or medical history:

Mumps

Measles

Rubella

Polio

Tetanus and diptheria toxoids

Pertussis

Influenza type B

Hepatitis B

Varicella

Pneumococcal

As a fiancé(e), you are not required to fulfill this requirement at the time of your medical examination for a fiancé(e) visa. However, you may want to do so. These vaccinations are required when you adjust status following your marriage.

good answer!

reading other posts, it seems the consular may question the relation of the co-sponsor to the beneficiary, and their physical distance, being that they want "the big picture".

will the fact that my fiance's co-sponsor is his long lost cousin and she physically lives rather close to me, the petitioner, cause suspicion, or instead be looked upon positively.

lou_7979,

The final verdict is that it makes no difference how the question is answered, the anecdotal evidence is that it's a non-issue. People have answered 'NO' and had no problem. I've never read any report of a problem with this question, no matter how it was answered.

But I wouldn't test the waters by answered 'Hell no, the SOB's on their own.'

(The only problem with this question is the number of questions it generates by sponsors worried about how to answer it.)

Yodrak

Thanks Mew, those links helped. Just one thing though. I just finished reading the entire thread you sent me for Question 11. It seems that at first, people agreed that N/A would be the best answer. But towards the end of the thread, Yodrak thought YES would also be a better answer. Is there any final verdict on this, or are both answers acceptable in your opinion (N/A or YES, I intend). Thanks again for your help.

Got it, I understand completely now. Thanks Yodrak and Mew. By the way, it would be funny if I answered

'Hell no, the SOB's on their own!' Good one.

Is "N/A (K-1 visa process for permanent residence)" an appropriate response for both the petitioner and the co-sponsor (to question 11 on the I-134)?

my fiance has no savings, and will not have any income until they approve his work permit, who knows how long that will take....

JenT,

That would be the riskiest, in my opinion. After all, what's the point of a sponsor proving that they have the financial resources to sponsor a visa applicant and then stating bluntly that they are not going to provide any support? That would be a pretty useless sponsor.

'N/A' is, ironically, a much more appropriate response. (See if you can locate a version of I-134 that's more than about 2 years old.)

Yodrak

Oh well, I´ll just mark the NO box then.

That's the safest, IMO.

We got a RFE because my fiance didn't send in enough proof of our meeting - he had to send in more evidence! It's not enough just to fill out the form and say 'we met on X date' - you have to provide photos too And then he got another RFE because they needed more financial information from him. Combined the two held us up for three months which seemed like an eternity but wasn't really a big deal.

what do you mean you had to send in financial information for the first step. I thought the financial part was for the interview and then later when change of status