SkruDe

41 minutes ago, Chancy said:

 

You are correct -- as the petitioner, your wife will always be the primary financial sponsor.  Her brother can be the joint sponsor.  If they each sign I-864 affidavit of support forms and your in-laws migrate to the US, both your wife and her brother will be on the hook for them financially.

 

Technically, your wife is not required to use your income for the I-864.  BUT, many consul officers ask the spouse of a sponsor for written confirmation (in the form of a signed I-864A) that they agree to the use of their conjugal resources to sponsor the intending immigrant(s).  If this happens at your in-laws' visa interview, then they will not be granted visas unless you sign that I-864A contract.

 

Even if the consul officer does not require an I-864A from you, as you are married, your wife will still have access to your shared resources.  If you are not comfortable with the financial responsibility of sponsoring new immigrants, you and your wife might want to reconsider if petitioning her parents is a good idea at this time.  How about putting off the petition until her brother turns 21?  Assuming he continues to earn enough income, he can be their petitioner and sole sponsor.  That way, you will not have any legal responsibility to financially support your in-laws.

 

Hi there.  Thank you for this response.  I never knew about this I-864A form. This is first time I've ever heard of it, thank you very much for bringing this to my attention. 

I fully support my wife and her brother in their good will wishes to bring their parents to the US. But, I will not be involved in it, because my liability and responsibility lies with my wife and I and our life together. I'm not worried about my wife having access to our shared resources, I trust her very much and we have a very trustworthy and communicative relationship, my worry is the government deeming our shared resources as hers, without my signed consent (I-864), due to our marriage. My wife is very worried that if she signs an I-864 with her brother, that if anything goes wrong, it will affect me directly and bring me into it. Because we share resources.  Even if I don't co-sponsor legally in ink.

As a married couple I have this feeling, my wife and I both do, that if she petitions and sponsors, that automatically through our marriage, means I'm the sponsor too which puts me on the hook.  If something bad happens I want to be able to protect and keep my wife held up.  I don't want to be dragged down with her where I can't protect her. That's ultimately my concern.

But I agree, really the best thing is wait two more years and let the brother do it on his own.  Colombia is becoming a terrible and dangerous place. Especially in Bogota. So, there has been some... urgency (for lack of a better word?) to help the parents out of that bad situation.

Hello all,

So my wife takes her oath to become a US Citizen in 2 weeks. One goal of hers was always bringing her parents here.

My wife's brother, lives in the USA, and is a born US Citizen.  He is 19. Both my wife and my wife's brother want to bring their parents to the US.

My wife's brother recently went to a lawyer who told him that my wife should be the petitioner (due to her age being over 21). My wife is a full-time student, has no income.

So the lawyer told my wife's brother that he (the brother) can be the financial sponsor. Since sponsors only need to be 18 years old or older to sign the Affidavit of Support.

So, now we have this situation where my wife, as the petitioner, would require a co-sponsor, her brother.  He makes 125% of poverty level for all household members, including the mom + dad. But he doesn't live in the same State as my wife.

The questions become:

1.) My wife and I file "married filing joint" tax returns. She has no income, she is a student. Our income, bank accounts, savings, it's all together in shared accounts.  So does that mean MY income, as her husband, is automatically counted and used for these calculations as HER income?  Meaning the brother won't even be needed for the co-sponsor? Would USCIS automatically drop him?

2.) If my wife becomes sponsor, and my wife's brother becomes co-sponsor, how am I affected by being the spouse of the sponsor?  How are sponsors spouses affected by this legal obligation?  Especially since our finances are tied together?

I hope I explained clear enough.  The point I am trying to get across is that if my wife and her brother petition and sponsor their parents, I want no legal commitment, I want no financial responsibility, I want nothing to do with it on legal paper. of course I'll help off the record, but I have no interest in being roped into anything. So, I am concerned that because my wife and I technically have a shared income, that I become on the hook for the parents through my wife.

So I know this situation probably requires lawyer advice, and I just literally mentioned my wife's brother talked to a lawyer, but A.) My wife and her brother aren't on speaking terms, so everything is coming second hand through the parents back and forth (stupid I know), and B.) I don't like / don't agree with the lawyers advice to say to my wifes brother that he can be the sponsor. I feel if my wife petitions SHE IS THE SPONSOR, and the brother is a co-sponsor.  But again, technically, my wife through me, has the finances, so I don't want her stuck all alone on this.

Thoughts? Advice? 

Submitted last night

Today we got a notice that they will be able to reuse the Biometrics we last did, so no Biometrics appointment

So I started filling out the N-400 online... and well, can't figure out how to save.... I don't want to close and risk losing everything

5 minutes ago, SusieQQQ said:

Cheap to get them here, sure. Cheap once they are here, maybe, hopefully they are still of working age and have enough time to be able to contribute for full Medicare down the line.

Great thoughts here!  Something many people I am sure don't even give a thought to (medicare/SS).  Luckily in my case, yes, each parent has over 10+ years of working years left.  But gosh, yes, I can see how that could really be financially impactful to sponsors/petitioners if they don't.  Great point!!!

11 minutes ago, jskibo said:

If you're filing both at the same time then one I-864 fee will cover both, but two DS260 fees.

 

Expect quite a wait as the category has ben banned for a year and just recently opened so large backlog of cases.  Wife's parents Priority date is July 2019 and not even DQ'd yet

Thank you for the insight.

My wife is still in the N-400 process for citizenship, so this isn't something we'll be doing this year.  It's a next year thing, but I wanted to get a head start with arming myself with knowledge. A lot can happen in a year, so we'll see how this all sits a year from now.  But thank you very much for your insight

7 minutes ago, aaron2020 said:

Hi,

 

Her parents will not be adjusting status inside the US with an I-485.  They will go through consular processing requiring a DS-260.

 

1.  Separate I-130 for each parent.  I-485 does not come into play.

2.  The I-130 starts the immigration process.  Once USCIS approves the I-130, it's sent to the NVC.  At the NVC, you pay the DS-260 and I-864 fees, then file more paperwork.  Once immigrant visa interviews are scheduled in Columbia, the parents goes for their medical exams and then their interview.  Then they pay the $220 immigrant fee to receive their plastic green cards after immigrating to the US.  Upon entering the US with their immigrant visas, they automatically become legal permanent residents.

3. The I-864 comes into play at the NVC and at their interview.

4.  Yes, your wife can file for both parents at the same time.

Last question, that DS-260 Fee and I-864 Fee is a combined fee of $445 I've found.  So, I'm assuming that is PER parent? Not both parents together?

Just now, aaron2020 said:

Hi,

 

Her parents will not be adjusting status inside the US with an I-485.  They will go through consular processing requiring a DS-260.

 

1.  Separate I-130 for each parent.  I-485 does not come into play.

2.  The I-130 starts the immigration process.  Once USCIS approves the I-130, it's sent to the NVC.  At the NVC, you pay the DS-260 and I-864 fees, then file more paperwork.  Once immigrant visa interviews are scheduled in Columbia, the parents goes for their medical exams and then their interview.  Then they pay the $220 immigrant fee to receive their plastic green cards after immigrating to the US.  Upon entering the US with their immigrant visas, they automatically become legal permanent residents.

3. The I-864 comes into play at the NVC and at their interview.

4.  Yes, your wife can file for both parents at the same time.

Thank you very much. Very detailed, question specific response.  I appreciate it greatly.

Thanks for the replies.  I did not realize how easy and cheap it was to bring her parents over. I was expecting a lot more, and the I-485, etc.  This is good to know.  Thank you

Hello,

My wife is going through her Naturalization process now for Citizenship.  In 5-11 months we anticipate her to have her citizenship, and she would like to bring her parents to the USA.  The information for this process seems kinda of vague to me, so I had some questions:

1.) If both my wife's parents live and reside in Colombia, it means we file (2) I-130 forms, one for each parent. When does the I-485 come into play, does it ever come into play? 

2.) I read that the I-130 gets the parent a passport stamp allowing them to work in the USA until they receive a greencard, so does that mean the I-485 gets submitted after they arrive in USA? Or does the I-130 take it's place entirely?

3.) When does the I-864 come into play? During the I-130 process? Or during a I-485 process for each parent?

4.) Can 1 US Citizen (my wife) petition for both parents at the same time?

The information on what happens after submitting the I-130 is a little scarce, so I had lots of open questions. 

Last thing I'd like to add here is what I believe is the process, and was hoping someone can confirm or tell me what is wrong, or add in what I am missing:

1.) File I-130 for each parent ($535 x 2 = $1,070)

2.) Doctors Appt in Colombia for each parent using I-693 (cost up to the approved USCIS doctor)

3.) If I-130 approved, appointment at US Embassy in Colombia for Passport Stamp/Visa to enter USA.

4.) Travel to USA

5.) File I-485 for each parent ($1,225 for each parent = $2,450)

6.) Work in USA permitted with proof of stamp/visa in passport? (Parents can work while I-485 is in processing?)

7.) I-485 Biometrics Appt for each parent

8.) I-485 Interview and Approval for each parent

Is that the complete process?  What am I missing?  I'm okay with little details, I want to be as informed as possible.

Thank you!!

14 hours ago, little immigrant said:

I'll help my husband efile when it's time

 

Btw your profile still says AOS pending 

Thank you, I thought the timeline updates would update profile. I didn't realize it was a separate thing. I updated it

Thank you kindly for your response and insight. I've been spending the morning looking into this all and it does seem electronic filing is probably the way to go. Now, it's just time to do it.

Hello all,

It's been quite a journey the past few years.  From the K1 Visa all the way up to the N-400.

I am beginning to put the guides, information, checklists, etc...  all together now to file the N-400 with (for) my wife.

I had a question. What has been the general thoughts (pro's / con's?) of mail filing and electronic filing? Has one been better than the other?

And is there anything I should know before beginning this N-400 process and putting together the application?

Thank you!!!!!!

That's incredible some of you have gotten your Bio appt letter already.

My Service Center is Nebraska, and I've received nothing so far, besides the NOA1 receipt.

Filed 11-20

Received 11-21

Text 11-26

Check cashed 11-27

Good afternoon November Filers!!!!!!!!!!

Today, 11/20/19 I sent our joint I-751 petition to USCIS Texas.

The next phase of our immigration journey has officially begun!

Good everyone!!!!!!!

Hello.

I am putting together the finishing touches on our joint I-751 paperwork and I noticed our tax transcripts (which I signed up on IRS site, requested, and downloaded same day) are missing what appears to me as crucial  information for a tax transcript.

https://www.irs.gov/newsroom/coming-soon-a-new-tax-transcript-to-better-protect-taxpayer-data

See that link for the changes.

Is this new "masked" IRS tax return transcript OK to use for our submission to prove tax returns filed jointly? Or do I need to get an unmasked version of the transcript somewhere?

Thank you!!!

Hello fellow November 2019 filers!  In 3 days (the 20th) I'm sending in our paperwork. Whoohoo!

Looking forward to updating our progress here.

Good luck everyone.

DO NOT send it early. Send it 2-3 days AFTER the 90 day window opens up.

Also, just as a courtesy, check out and conform to: https://www.uscis.gov/forms-filing-tips prior to sending your packet.

Good luck!!

Curious why you are including passport information?  That all should be on record already with the USCIS from your I-485 submission.

Do you have any holiday cards penned to both of you?

Life insurance?

Are you going to add in the G-1145?

Order seems fine.

2 minutes ago, mindthegap said:

yes

I'm assuming this is your response to question #2. Thank you.

So in two weeks it's time.  Time to send in my wife's I-751 form exactly 90 days before her 2 year residency anniversary.

As I prepare to put together my packet, naturally I'm drawn first to cost.  How much will we need to save and put aside. Well, here is the wording from the USCIS website in regards to the I-751 fee:

"$595. All Form I-751 petitions also require an $85 biometric service fee for each person applying to remove conditions on their residence on the same form."

Question #1: The wording of this statement could be a bit clearer, or maybe it's just me.  Anyways, my question is, if my wife is applying to remove conditions via the I-751 form, and there is no one else (no children, parents, etc..) does the $85 Biometric fee get tacked on to the base $595 fee?

Reason why I ask, I feel like it's worded in a way that the Biometric fee is for "each person.... on the same form" as in, every additional person, not including my wife, on the form (ie. children). 

Could anyone clear that up for me?

And Question #2:  I can assume the fee's can be added together for 1 submitted check, not 2... right?

Thank you!!!!!!!

Just thought I'd update on what I've found out:

My wife will not need a visa to visit Canada because as a Green Card holder, the visa requirement is waived. Visa requirements into Canada depends on the country that issued your passport.  In my wife's case, Colombia nationals would require a visa to get into Canada.  But, that requirement can be and is waived because of her possession of a U.S. Permanent Resident Card (Green Card).

Also, will not need a study permit (study visa) because her time of study will be less than 6 months, which again allows the requirement to be waived.

So it appears there should be no issues for her 5 week stay, attending classes at a Canadian University as part of a "Study-Abroad" program hosted by her U.S. based school.

My wife is currently attending college.  She is on her conditional 2 year Green Card Status (The green card given to those who obtain it from a K1 Visa. This month is her 1 year anniversary holding this Greencard).

Next year around this time she'll be obtaining her 10 year green card.

Anyways, this July, her school has a program with a university in Canada for a 5 week study abroad opportunity (this study abroad program is for attending a French speaking university for learning the French language.  She is going to school for languages and translations).

Given:

-She has a U.S.A. 2-year green card

-She has a Colombian passport

-The "study abroad" program is set up thru the U.S. based college she is attending now as a full time student

-The program is 5 weeks long in Canada (Quebec)

Does anyone forsee any issues here?  Do I need to do paperwork? Do we need a re-entry permit? Do we need a Canadian Visa?

Thank you kindly for any and all help!