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Keenen and Nidia

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Posts posted by Keenen and Nidia

  1. Hi ,

     

    We ran into an issue maybe someone could help. Your time is appreciated.

     

    We recieved and RFE from USCIS principally about our affidavit of support or the I-864. Basically they say we do not meet the 125 % guidelines and therefore require more evidence to prove our income with: W-2’s, 1099s, Form 2555, All supporting tax documents for the most recent year, or get a joint sponsor. 

     

    Here is where I am confused and maybe someone can enlighten me. The poverty guidelines for 2 people for the year 2018 is  $20,575. Before sending in our application I could prove on last years taxes I earned $21,275 with my two jobs combined( I changed jobs one time in 2017. 

     

    I am wondering the the reason for my error in getting the RFE was maybe I put the incorrect household size number at the time?

     

    When I filled out page 4 of the 1-864 afidavit of support there was a note that said: do not count any member of your household more than once. The first three questions were only applicable to us.

     

     “Person you are sponsoring in this affidavit.”

      “1.Provide the number you entered in Part           3., Item Number 29.” I put a 1.

     

    ”Persons NOT sponsored in this affidavit”

     

    ”2. Yourself” I put 1.

     

    ”3. If you are currently married, enter”1” for your spouse.” ( this question was confusing to me because my then fiancée through K-visa became my wife shortly after she came to the U.S.A. So in honesty being she is my wife now I put 1.)

     

    Was it unnecessary to mark this box for number 3 as the note indicated pertaining to number one of just sponsoring my then fiancée now wife?

     

    We filled out this form on the computer and it automatically put 3. There are not 3 people total in our household yet.

     

    My question is did USCIS determine since we put three for our household, we were based off the 125 % for 3 people at $25,975 instead of reality we are only two?

     

    Does USCIS judge how you can financially take care of your wife based ultimately off your tax returns from the most recent tax year 2017? 

     

    I was under the impression that what you make under the current year counted for something in USCIS’s eyes. Because if this is the case, I recently changed jobs again to a salaried position and now make annually $33,588.33 which should be more than enough in our situation. 

     

    One last caveat to all this is my wife is pregnant now and I do not know how USCIS views this legally as an extra individual or not to be counted to our household size. Our due date for this baby is sometime late part of January 2019.

     

    We have 87 days to reply and give what is asked or they will deny our case. Given this information, am I pushing it close what I make by just being the sponsor myself and risk our case getting denied or just for extra security just go ahead and get a joint sponsor?

     

    I am wondering because of the affidavit of support when I was confused filling the aforementioned part out, can I  re submit the I-864 with the requested information for more evidence to our household size being two? 

     

    Please help, I’m grateful for any insight as you may have. 

     

    Keenen

     

     

     

     

     

     

     

     

     

     

     

  2. As long as someone is fluent in another language could they translate and get it signed through a notary? Would this be acceptable to USCIS? This is for the birth certificate translation into English for the 1-485. 

     

    I could pay an official translator. But if me or good friend can do it, seem better way to go.  Wife has three pages to her birth certificate. Is all necessary to get translated? 

     

    Curious what others have done. 

     

    Thank you:) 

  3. Hello,

     

    We’re putting together our I-485 form for the adjustment of status and need some help from others experiences. Your thoughts are welcome:) 

     

    Can the husband be a preparer or translator for filling out the I-485 form adjustment of status for the wife?

     

    Just curious of those in the know how USCIS looks at this who have been/ or are  going through the process. 

     

    For those who had a spouse at the time that could not read or write English fluently while filing their own form for the A.O.S. , what did you do? 

     

     English  is important to us and is the language of focus, we’re making progress. I think of a movie called Spanglish. Any did similar techniques, or different? 

     

     

    Thanks for your time:) 

     

  4. About a month ago my fiancée and I were reunited in our K visa process and now happily married. We are in the the process of gathering our papers to submit for adjustment of status, and came across a problem and we need some help.

     

    In the Form 1-485 doing A.O.S, one of the requisites of evidence to include  is a copy of  1-94 record paper. 

     

    When my wife came here she was given her 1-94 paper, but lost it in transition out of the Dallas Fort Worth, Texas  airport.

     

    We found there is an electronic copy of this record online, but we’re wondering this might not be enough.

     

    We have  learned we can get a replacement  I-94 by filing form 102 and paying the corresponding fee of $445. 

     

    If we submit form 102 within a week from now, what is the wait time we can expect to have her new I-94?

     

    Maybe the process to obtain the replacement I-94 will take longer than our K visa allows to finish submitting our A.O.S on time. In that thought, are there other options we could do to satisfy this part of I-485 if we have everything else? 

     

    Thanks so much:) 

     

     

  5.  

    How quickly after your fiancé(e) arrived in the USA did you marry? 

     

    Curious to hear couples experiences of their preparations before their wedding and how living arrangements were done in convenience, be it separate or not,  and how it all worked out to the wedding day.

     

    Any factors dictated the time to marry from plans made to plans actually being executed? Was it relatively easy or did anything come up unexpectedly in plans?

     

    Looking back at your experiences, would you have done it the same way, or done it differently in the time you decided to marry? 

     

    Thank you so much for any insights for a couple going through the K-1 visa process to marry. 

     

     

     

     

  6. Hi,

     

    We have some question we hope someone on here can answer from Argentina or Paraguay doing the k-1 visa regarding a police certificate. Any others experience is welcomed. 

     

    My fiancée went to the Paraguayan consulate in Argentina today and was told by an official that a regular police certificate  may be sufficient, but this official said she had a friend going through the visa process in Argentina and the embassy in Buenos Aires asked for a legalized police certificate to be accepted. 

     

    We can obtain this, but to legalize they want an extra 3500 pesos.

     

    My fiancée is a Paraguayan citizen and a Argentine resident.

     

    We want to know if it is necessary to legalize her Paraguayan police certificate?

     

    Or is there some special wording needed so the US Embassy in Argentina accepts it, or is a regular police certificate sufficient?

     

    We are obtaining police certificates for both Argentina and Paraguay.

     

    We are just trying to make sure we’re not paying more than necessary covered in packet three when we submit documents to the US Embassy  in Argentina . 

     

    Help is appreciated.

     

    Thanks

  7. Hi All:)

     

    I am happy to say my fiancee and I have been approved on our second notice of action back on December 4th, 2017(according to USCIS's website case tracker). Our notice of action is dated December 1st and we received it by mail December 7th. We are still waiting to hear something whether are petition has arrived at the NVC. I have called USCIS a couple of times and they tell me, "your case has been approved on the 4th of December and now is out of our jurisdiction, call The National Visa Center for all other inquiries." or "We can not look up that information of where your petition is." I call The National Visa Center and they really sound impatient with me and say, "Our records show your petition has not arrived. Your best bet is to contact USCIS."

     

    I called USCIS again today and my call was transferred to an immigration officer who finally answered some questions. I found out our petition was sent/transferred out January 9th about 2:47 p.m. from the California Service Center. FINALLY! I guess my thought is now should our petition have arrived at the NVC? I've had a hard time approaching the NVC representatives. They always almost seem like they are in a rush to get off the phone with you. They ask just for your receipt number and where immigrating from then give me estimates to call back next week. Are there better ways to approach these guys? i guess maybe many customers calling telling them the same thing over and over again get them irritated. There has got to be a better way to make them happier ha ha.

     

    As i write this I just called The NVC and told me our petition arrived TODAY!!! We are SO HAPPY!!! So Thankful:)

     

    My Fiancee is in Buenos Aires so she will eventually have her appointment at the embassy/consulate there in Argentina. in the meanwhile we want to know something about documents required for the k-1 visa interview, specifically the police certificate and how to go about the Ds-160 form.

     

    My fiancee lived in Paraguay for about half her life and the rest she has lived in Argentina, so I think we need to obtain police certificates from both countries. From what I read it seems for this part the police record is it, but when I read on the NVC's travel.state.gov website on step 5, it mention court and prison records. Maybe we just wait from instructions from the embassy to know what is what.   The question we have now, are  criminal records also required If there is no criminal history? Is the police certificates sufficient for the fiancee interview? Are police/criminal records required to fill out for the  form ds-160? Any others in this process now or have been, any thoughts ?

     

    Albeit it says gather documents that apply we want to make sure we have the necessary documents we need.

     

    Thanks and hope this helps for others out there.

  8. Thank you both for the comments. Your insights are most helpful. 

     

    So if I can prove this year through the job I make at least $20,500, I should be okay for 2017? 

     

    I will go see what Human Resouces can do for me to show I make that on an hourly wage position. My wage is based on a certain number of hours that pretty much work out to be 3/4 time year round.

     

    I wonder if say this next month I am able to pick up another part time job and that would up me a little bit in a better position that would count for the k visa and the aos. Just thinking out loud. 

     

    I may or may not have a co sponsor as the 1-134 asks for personal financial information that many would not feel comfortable letting that out. In light of this my worst case scenario is doing this solo.

     

    Maybe with another part time job and getting something quickly will be enough 

    to show on paper I have enough cushion above being on the border line when the time comes to show USCIS. Maybe a little extra grace time will be my friend too before my fiancée and I receive the second notice of action to show more evidence of increases on the income. Would that count?

     

    Thanks:)

  9. Hello:)

     

    I have some questions maybe someone on here can answer about the 1-134 affadavit of support. Any insights are appreciated:)

     

    Say I made about $18,500 last year (2016) and this year (2017) I am projected to make at least $20,500 or more.  My question petitioning for my fiancée for the K-1 visa is, will I meet the mark and qualify  submitting my 1-134 affidavit of support financially according to USCIS poverty guidelines, or will I need a joint sponsor?

     

    If I need a joint sponsor, Does a joint sponsor fill out an 1-134, or a different form? The recent forms for a joint sponsor is not so clear to me and I'm wondering what is required for this circumstance.

     

    If I read the poverty guidelines correctly, I suppose my fiancée and I fall under the 2 person category. Neither of us have served in the military, never been married, no dependents, and do not have any children. Yet, for the K-1 Visa process financially to be approved to receive her visa to come here to the United States, do we have to at least meet the 125% poverty guideline? 

     

    Some sites I have read imply you can be accepted financially and receive the K-1 Visa at 100% 2017 poverty guidline of $16,240. For the adjustment of status after you marry and apply for the green card it is required to meet the 125% 2017 poverty guideline of $20,300. Is this correct? 

     

    My fiancée and I are June filers of this year. 

    Our case was received June 13th and is at the California Service Center for processing. I am happy to know there is a forum like this of others who have been,or who are on this journey, I'm patiently waiting right along with you.

     

    Thanks:)

     

    Keenen

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