OJIMENEZ915

1 hour ago, Damara said:

One can "self sponsor" on the 864. People that are on work visas do so all the time. Also immigrants+ who have retirement income or pensions can add that to the household income as well.

 

I dont know about omitting the 864 from the initial packet. What you are talking about (presenting it at the interview) is true for CR visas. When you submit AOS you need to submit a complete packet or risk it being rejected. WHat you are counting on is them not reviewing the 864 until they are ready to interview. If they review it and reject it prior to the EAD being issued it will stop the process. The EAD/AP is processed by a different officer then the one reviewing the AOS. So like i said it has worked out for others. They were able to get the EAD and then later in the process when an RFE comes saying the 864 isnt enough they submit a new 864 showing the immigrants income.  The issue may be the Officer not accepting the immigrants income (even though its legal source) but because its based on the EAD and not a work visa classification. Its going to be up to the officers discretion if it goes that route. 

 

But if your husband starts working start putting money aside. If you are only 2k short you only need 6k in assets. You may be able to put that amount aside when your husband starts working and qualify on your own.

An asset can be a vehicle correct? does the vehicle have to be paid off ?? 

2 minutes ago, Damara said:

You are not reading it wrong.

 

The issue may be that you need to submit a complete AOS packet in order to get the EAD. You can not get an EAD with out filing for AOS. Ive seen people do what you outlined. They submit the 864 knowing it wont qualify and get the immigrant an EAD card and have them secure a job to get to the min level needed. It works for some it doesnt work for others. It depends on how the paperwork is processed and if the officer will accept the immigrants income. If they reject the 864 at the beginning the process will stop and no EAD will be issued. Theres no way to make them process it a certain way (in your favor).

 

Assets may help or a joint sponsor. Do you not know anyone who could do that? If you are just short 2k you need to show 6k in assets. This can be home equity, an extra automobile, savings, etc. 

Side jobs getting paid in cash do also count if they show on your tax returns. Why did the attny say they dont count?

Are goal and thinking was to apply for AOS all together assuming that EAD arrives first, my husband has a job offer awaiting from 1 of my  county HVAC contractors so its a guaranteed job so our thought was once he receives his EAD he will work with them while we await our AOS interview which my understanding can be 8-12 months out we can then provide 864 form with his income or maybe down the line say 2 months in to employment assuming AOS is still pending we can submit additional paperwork, This is just a scenario again I'm actively looking for a sponsor but in the case that we cant this is something we are looking into 

1 hour ago, Ben&Zian said:

You are always the primary sponsor. Your husband, even after he started working with EAD, cannot be his own "co-sponsor". This is something that should have been long planned out before the process began with the K-1.

I clearly understand I'm the primary sponsor, but my husband, even after he starts working with EAD, cannot be his own "co-sponsor" that is not correct if I'm reading this correctly unless its only certain cases?? That's were I'm having trouble 

https://www.uscis.gov/greencard/affidavit-support - this article states If you cannot meet the minimum income requirements using your earned income, you have various options:

My circumstances are different like everyone else. As a fiance we qualified at the 100% poverty level but with adjustment of status it changes to 125% which makes it harsh as again I'm under 2000 less, the reason for this I was previously married but separated due to DV, I have my wonderful children that is the reason why we do not qualify. I currently work for the County/Government, its been a stable job for me 10+ years. I myself have done side jobs getting paid cash but that cant be counted per lawyer 

1 hour ago, Roel said:

I don't mean to sound harsh but you waited 2 years for his arrival on k1 and could have put some money aside for his AoS. 

 

 

Its not harsh, but circumstances are different like everyone else. As a fiance we qualified at the 100% poverty level but with adjustment of status it changes to 125% which makes it harsh as again I'm under 2000 less, the reason for this is I was previously married but separated due to DV, I have my wonderful children that is the reason why we do not qualify. I currently work for the County/Government, its been a stable job for me 10+ years. I myself have done side jobs getting paid cash but that cant be counted per lawyer 

Approved k-1 visa & 601 waiver... I married my husband almost about a 1 yr ago after being separated for almost 2 years ... upon his return things were very odd so we have worked hard to build that trust and confidence and I can happily say it was not easy but we are settling to our marriage and together making it work after years apart. I am ready and feel confident that I can proceed with his adjustment of status........... We run into a big issue. USCIS mandates for individuals seeking to secure spousal visas or adjust their status to lawful permanent residency (green card), that they meet the threshold of income support of 125%.  I’m off and don’t meet the income requirements for adjustment of status. Is it possible that my husband can apply for a work authorization permit and work, and then can we both apply for adjustment of status jointly after say 3-6 months of income from him? We do not have family that can assist us as a joint sponsor for our petition which makes this difficult

My fiancé is coming to Oregon ... but want to make sure I get enough delay time in case ... its giving me Dallas international airport is that one OK.. we trying to book for this coming week Monday or tuesday  

I'm wanting to know how k1 visa works traveling from Mexico to us how long does it take us customs to check visa status at airport point of entry? can I book a flight  directly to my destination ?? Please help

My experience with k1 visa it was approved in 4 months, we waited for interview march 2016, my fiance was in USA and returned to mexico in 2015. At the interview in March he was given the chance for i601 waiver, I applied in May for i601 waiver, in Nov 2016 were aproved and Dec 12,2016 got his visa on hand. I did all this on my own. No attorney but it took commitment from both gathered all information took 1 month to put all together. Best of luck

Recommend you call the consulate let them know what happen and why you did not know about the packet sent, call ciudad juarez asap 

011526563443003 is the # I called. On top of calling the consulate I called the visa center here in the USA as Consulate in Mexico, some reps were not to friendly. Honestly I technically depended more on the USA centers and the websites to guide me,it kept me more informed of changes, here are the websites I used https://ais.usvisa-info.com/en-mx/iv and also this one https://ceac.state.gov/CEACStatTracker/Status.aspx?eQs=o/iS8zDpeAKjMWCuebHqOw==  for this one I used my fiances DS-160 Application ID #. Let me know Im here to help 

55 minutes ago, Mrs.Gomez said:

January 30, 2017 at 6:48 pm

My husband had an interview he was denied so we got another i601 application for a second time it was approved after receiving the receipt we received a letter asking for him to send his passport and a new exam but it didn’t state wheather to make an appointment or not it just requested for him to send in his passport and new exam I want to know what happens next I need help I need him home already my kids are suffering with out him it’s been a little over a year already please can someone help me? 

Congratulations, in my recent experience they asked the same we sent it in and recieved the visa in his passport. My understanding was because his 1st interview was less than a year ago, no need for interview. Hopefully he will be home less than a month if your quick, after submitting you can track onlinr you would get an email with package info for DHL if they sent back by mail, but i called the condulado everyday after and tracked the packet when we sent and when we recieved. Best of Luck 

Its been 2 weeks since we sent new medical w/ passport as consulate requested after our i601 waiver approval,

CEAC changed:

status Updated Date: 28-Nov-2016

How long does it take? what are we to expect? I called Consulate in MX - Ciudad Juarez they state they have not received our documents but DHL sent me an email confirmation of received documents dated/signed on 11/22/16. Im freaking out.

whats next, how long more to wait?

That is awesome, congratulations. Hope everything goes well, keep us informed. Can i ask when you guys submitted your I-601?

we submitted in May 2016, thanks very much!

FIANCE WAIVER i601 WAIVER WAS APPROVED ON 11/02/2016

WE RECEIVED INSTRUCTIONS ON 11/8/16 - TO SEND TO DHL COURIER TO CIUDAD JAUREZ CONSULATE THE FOLLOWING INFO: NEW MEDICAL & PASSPORT

WE SENT EVERYTHING IN NOW WHAT? HOW LONG DO WE WAIT? WHATS NEXT? WE WORRIED HOLIDAYS OR TO WE PLAN ON HIS VISA COMING TO HIM NOW, CEAC WEBSITE ONLY SHOW SEND DOCUMENTS, NO CONSULATE INTERVIEW AT THIS TIME. PLEASE HELP

THANKS

Hi Everyone,

I have followed the thread for sometime now and just created an account. My story: My husband had his interview at Cd Juarez November 2015, once the interview was over he got blue paper that said he was able to apply for the I-601. We completed and the received date was March 14, 2016, I have tried everything, I contact my lawyer frequently and no answer, senator =no help I call the USCIS once a month or twice a month and I get no answer. I am frustrated and do not know what to do anymore. This wait is torture!!!! Any suggestions or just wait?

To be more clear my husband crossed the border back when he was 12 he was caught and right away his aunt crossed him, we met in high school and been together since I was 14 and he was 16 so it's been 11 years together. We have two kids 10 and 4! My son has speech delay which of course was included on the I-601! We applied for the I-601A with a lawyer which was denied this was back I think 2013, so he was tired and decided to go ahead and go with the process which we had no idea what we were getting ourselves into. Like I mentioned interview Nov 2015, I-601 received 3-14-16 no additional information. I have two jobs in order to support my kids and it is extreme difficult to be a single parent!!!

Be strong, you’re near the end! Extreme hardship ideas that hopefully you included:

• Children’s Education – comparison between the USA vs Mexico, how our academics since the separation of children in school?
• Village/city poverty of location if you & your children were to be forced to move with your spouse to Mexico
• Crime rate (children abuse, death toll, etc.…)
• Employment USA vs Mexico – Comparison of benefits, health coverage, pay rate, cost of living including all bills (healthcare, mortgage/rental agreement/grocery bills/school expenses/prescriptions for children cost/utility bills, etc...)
• Employment when your spouse was here, the impact of you having to work 2 jobs and the lack of being able to be with your children to provide that emotional support due to his loss of income coming in since his departure. If he is working in Mexico how his income is compared to USA when employed here
• You’re Education – Any degree you pursued in USA?
• Children’s – Health/Behavior, has the separation caused any behavior issues? As a mother you would think that is normal, but kids actually act out worse to cover their feelings have them be checked out by a psychologist, or even a school counselor, have them write a letter of what they observe
• Do you have connection in Mexico? Is your family here? Do they have health issues? Could you run the risk of medical issues in the future (cancer, diabetes, etc.) if so what would be the impact if in regards of seeking medical attention if you were to move to Mexico
• Letters of children asking for dad to come back even if it’s a drawing
• Letters of support of family, friends, coworkers, a letter from your spouse asking for forgiveness of entering illegally and describing the need to be able to support his children better in the USA then Mexico and all the good things he has accomplished while he was in the USA

It don’t matter how much evidence or how thick your file will be but the least non important thing can play a big impact on your case. I did my own waiver it took me 1 month to gather all the information and make the most of it, I think I submitted about 568 pages of evidence + 15 page summary of each evidence that was included + letter of forgiveness from my fiance which included comparison, ratio of poverty, pictures of happiness, letter & drawings that my children made, teachers support, doctors letters asking for my fiance to come back as it was impacting the academic levels

Awesome, thanks. Seems similar to my story, I entered the USA at the age of 2 and never left. I am currently 30 but basically deported myself when i had the Ciudad Juarez interview on April 24, 2016. The lawyer screwed us over and never informed that we needed to pay a penalty. So at the date of the interview i got denied and told me to file the I-601. I'm also married to a US citizen and have 1 daughter. My wife completed the paperwork in July and also went to therapy. The paperwork got received on July 28,2016. So on October 28, 2016 i have completed 3 months since the paperwork has been filed but technically 6 months in Mexico. i too have a clean record, pay my taxes and etc. So the letter you received this week is for your appointment? Did you guys show extreme hardship in the documents? Sorry for the questions just amazed that is has been 3 months and you received your response, which gives me hope that i will be accepted shortly.

So 3 months ago I asked for an expedite on our i-601 waiver it was denied, so we decided that we would ride this long process . But on October 5, 2016 I received a letter in regards of an expedite that was inquired recently which the only thing I called USCIS recently was in regards of address change so it seemed weird to received this notice by mail, so I disregarded the notice, October 31, 2016 I received the same letter in my mail again for expedite, but this morning I was shocked when my USCIS app notification alerted me status change on your case has been updated...APPROVED. we now wait for the instruction notice, my understanding USCIS has tracks on how, who, where the cases get placed in queue. Mine was for a Fiance visa it was approved Nov. 2015, but refused March 9, 2016 due to 1 illegal entrance and the visa for fiance is valid for 1 year. I think this also had to do with the decision, plus my fiance has no criminal history it made even quicker, but if my fiance had a criminal history Im sure it would of taken 8 months, and we would of possibly had to resubmit proof to demonstrate our relationship and re-qualify for visa and pay the visa fine again.

Clearly as said lots of lawyers advised me USCIS has different tracks for different files, and depending on VISA type, and criminal history if any that determines how an approval time frame would be granted so Im sure it will come soon like 6 months the most, dont loose hope, pray tons. Like I said couple weeks ago I was loosing my relationship,l was close to letting go of my fiance because distance and love not good. My advise communication on an everyday basis is the key to holding strong to each other and God has a plan. Prayers for your family that soon you well be reunited and this would be that rainbow for more awesome things in life to come

Wow that is awesome, congrats to you both. Prayers so everything goes smooth either at interview or if received at DHL. I have a few questions, hope you don't mine me asking. Why did he get denied in the first place? Did he get deported?

Of course ask away. he was denied as my fiance was in the USA, he was never deported left voluntarily due to family death. no crimes clean guy, ever year paid his taxes. only reason denied 1 illegal entry

so this morning after Mondays letter recieved in the mail,I recieved this morning i-601 waiver has been approved for my fiance. im very excited feel blessed so much after tears of thoughts that we were just taking the step to separate and take our on ways, but God had different plans .

Help or input whats coming

Fiance visa approved - Nov. 24 2015

Interview in Ciudad Juarez March 9, 2016 - Refused

i-601 waiver rcvd May 23, 2016

i-601 waiver approved Nov. 2 2016

now i heard he may need another interview, but not sure someone told me it will be delivered to DHL and no need for interview. I know i should wait for the letter but when it comes to planning, we need to be very so much prepared

Expedite update today i received the 2nd letter of the same expedite i did 1 month ago but different letter 1st one received oct.4h, 2nd same letter dated oct.28. Explaining expedite under review,if no notice or response received in 15 days take as a denied and office estimated i601 process is 6 months. Why 2 letters same month different dates? Might they be still under review?

So... how does this work?

US Citizen girl is talking to a guy in Mexico who was in the USA illegally before (only 1 EWI). He has 3 more years to go before his 10 years are up. But they want to get married asap.

She wants to apply for a K-1 Visa for him. So at what point does the I601 waiver need to be filed? Along with the I-129F paperwork?

Also, for the I601, the hardship letter... what does she need to prove? That it will be extremely hard for her to live in Mexico for the remaining 3 years? Or it will be extremely hard for her to live in the USA without her husband for the next 3 years? Or both?

Your input is greatly appreciated.

Just read your post ... I’m going thru the same process now my fiancé just left 2015 back to Mexico only 1 illegal entry but he voluntarily departure to Mexico due to family death. I applied for a fiancé visa i129f we were approved in 4 months, but in March of 2016 he was denied at the interview as he admitted to entering in the US, as we did not want to lie as he had driver license, tax records, but no crime but traffic tickets. Now he was given the blue sheet at the interview in Ciudad Juarez meaning he qualified for an i-601 waiver, lots of evidence can be gathered if one deeply can make it extreme. For example I’m not from Mexico, I have no connection to that country, even if I did I have a career and by the looks from his little village I’m not able to apply my skill or abilities, I also searched the poverty, the violence in that area. I have a great job here could not give that up, as it offers great health benefits and I’m fully invested in my retirement, my parents reside also here in the USA, all that on top of more like my parents health issues, age, I’m the older sibling whom I would need to be here to help and support my siblings. Medical issues for self even as a child if any the lack of medical in the country, so many things can be found but they need to be researched it took me almost 2 months for waiver, now we wait for a response we our hoping for the best because LOVE no matter how far its strong and if it was meant to be something deep down you can dig to even sisters or brothers health anything that can tie one to a better life in the USA will best help. My Priority date is May 23^rd , on top of everything keep the connection of everything between the couple text no matter how dirty the text is keep it to proof to demonstrate a true relationship is for real

If your fiancee the boy's Father?? Well that just makes me more nervous to find out that USCIS is very strict.

No, but it states from the expedite choices:

• An applicant’s family member in the United States has a serious medical condition and has urgent and critical medical needs related to that condition that require the applicant to assist the family member in the United States;
• The applicant is faced with urgent circumstances related to the death or serious illness of a family member;
• The applicant or qualifying family member is a particularly vulnerable individual due to age, serious medical condition, or disability and this vulnerability is exacerbated by the applicant’s presence outside the United States;
• The applicant is at risk of serious harm due to personal circumstances distinct from the general safety conditions of those living in the applicant’s country;
• It would be in the national interest of the United States to have the applicant in the United States (for example, the applicant’s presence in the United States is urgently required for work with a U.S. government entity); or
• As described in a request from or for a member of the Armed Forces of the United States:
  • The applicant’s qualifying family member is a member of the military who is deployed or will soon be deployed; and
  • The applicant demonstrates that, in light of the deployment there are compelling reasons to expedite the request due to the impact of the applicant’s absence from the United States on the applicant, the qualifying family member, or their children, if any.

My fiance has raised my son for the past 5 years after an abusive relationship which also I stated and provided proof. all this proof was an addition to what I did not submit in our waiver. My understanding as I work for a government agency, have a coworker that her program helps to review petition or letters for free to our low income Hispanic community and she told me that it actually has to be life or death situation, which BREAKS MY HEART that they are very strict on the criterias.

My fiance and I have a priority date of May 23, I see they have been approving some January maybe 3 more months as Nebraska is taking 8-10 months approval turnarounds

hi newbie,

i had my interview on may 13th and got denied too for not having the i601 waiver. i have the grounds of inadmissability charge. right now there looking at cases from december 15 2015. so im looking at a respond by jan 2017 since i have a priority date of may 26 2016. if you get it expidiate you may get a respond with in 5 months or less.

Hi,

I totally understand how hard this is! I have my Fiance in Mexico has been away for a 1 1/2 years. Upon my fiance leaving, I petition under K-1 Visa that was approved but then denied March 9, 2016 in Juarez he was given the opportunity to apply for I-601 waiver, which priority date of May 23. My son has put his life in risk and to the point that he was referred to medical help, has had medical transport all due to the separation of my fiance abroad. His Psychological Doctor who has been treating my son, mental health counselor, and medical doctor, school counselor and principal all wrote letters vouching for USCIS that they please allow my fiance to return ASAP, as my son has put his life in danger he is only 7 years old. I submitted all this information to USCIS but unfortunately was denied. It’s very difficult to have a case expedite

I was told the same yesterday to wait 30 days as it is taking them a little longer for the case to be looked at. This is a very stressful. When did you file your waiver?

It is very stressful, I'm afraid my expedite was not approved. It has been 1 month and nothing I have heard or letter recieved. I sent mine in 6/28/2016. I did hear that its recommended to do an expedite 2 months after date you mailed waiver, Im not sure if that is correct.

Have you heard something????

Hmmnnn ...you're lucky maybe they wanted proof of medical

hope you hear soon a decision from them

No I have not heard that yet the letter I received if I don't hear anything within the 15 days take it as a denial. when I called last week they said wait 30 days. I just want this to be quick and done, medically, financially, emotional is a big mess being far from love one