JJ89

The ROC package was delivered 2 weeks ago, and check has still not be cashed. Is this a normal time frame still? My wife's residency expires 2nd week of December. 

My wife is applying to remove conditions of cr-1 visa. Me, my wife, and my son , all receive Medicaid under MVP NYS insurance plan. We have cards showing that we are under a joint account. I was hoping to send in these cards as proof of our relationship, but I began to question if doing so is the right move. Since medicaid is under MVP low income health insurance, would this be a cause to deny my wife her ROC application under the grounds that she has become a public charge? Thank you. 

I'm starting to fill out form i-751 and I am unsure of some questions. Thank you for your help.

Questions 1: It is asking country of citizenship. My wife is dual citizen, so I would list both in this format? "Venezuela, Colombia" Is that an acceptable format?

questions 2: It is asking place of Marriage. Is this an acceptable format? "Cancun,Mexico" ?

questions 3: All blanks get filled in with "N/A" still correct?  IN part 6 4(a-c) it is asking about disabilities. If there are none do I just leave it blank, or do I have write "n/a"?

Thank you once again. Take care.

Will the new public charge rule apply to ROC for already green card holders?

12 minutes ago, geowrian said:

Sounds like gossip.

Even in the remote possibility that it was true, what would be the problem? You're a USC. Your wife is a legal immigrant. Your child is a USC.

You’re right. Emotions got the best of me. I got mad just thinking about how much my wife and I went through to get here and have our son born here just to have neighbors gossip. That’s life. Thanks you once again.

I’m a citizen. My baby was born here in the USA in January this year. My wife came here on a cr-1 visa in December 2018. 

A neighbor told my mom today that ICE was in my neighborhood and was asking another neighbor  if a baby lives in my home. Supposedly the other neighbor responded that he does not know. (He has seen my baby multiple times) 

could this just be neighborhood gossip about my family? Should I contact someone to get more information? Thank you.

Just now, EM_Vandaveer said:

Can she get Emergency Medicaid for the delivery?

The case worked said that she is not eligible for Emergency Medicaid since she is not "illegal here". That Emergency Medicaid is only for "Illegals"

My wife is an LPR. We live in New York state. She came into the USA as a conditional LPR. Last week she had our baby. We have no received the hospital bill yet, but will be receiving one soon.  I expect it to be in the tens of thousands since she was there for nearly a week and had a c-section. This would be extremely difficult for my wife and I to pay off. We were going to apply for Charity aid, but were told we could not receive it since my wife is eligible for medicaid. 

• I have read everywhere that a LPR cannot receive Medicaid until after they were in the country for 5 years.  She just got here about two months ago. 

• I also am aware that the co sponsor and I on my wife's I-864 can be taken to court to pay Medicaid back the money that they would pay for the hospital bill if my wife were to get medicaid. 

• Lastly we are worried that if she were to get Medicaid that it would affect her when she went to remove conditions next year. We are also worried  that she would not be allowed to re enter the country , if she were to travel home to visit family, due to her using Medicaid. 

Can someone please offer clarification on this? Thank you. 

Following

Did you think about marriage counseling before calling it quits? Maybe speak to him about how you feel if you have not done so already. I would exhaust all methods before throwing in the towel. That is if you have not done so already. 

On 12/14/2018 at 9:16 AM, aaron2020 said:

What state do you live in?

 

Being a potential public charge is a not an issue after she was admitted into the US and got a green card.  Only certain benefits are off limits to new immigrants.  Other benefits are fine.

 

It may be possible for your wife to get Medicaid for pregnant women.

 

For example; https://www.healthcare.gov/immigrants/lawfully-present-immigrants/

 

Medicaid & CHIP Coverage for Lawfully Residing Children and Pregnant Women

States have the option to remove the 5-year waiting period and cover lawfully residing children and/or pregnant women in Medicaid or CHIP. A child or pregnant woman is "lawfully residing" if they’re "lawfully present" and otherwise eligible for Medicaid or CHIP in the state. Learn how someone is defined as lawfully present.

Twenty-nine states, plus the District of Columbia and the Commonwealth of the Northern Mariana Islands, have chosen to provide Medicaid coverage to lawfully residing children and/or pregnant women without a 5-year waiting period. Twenty-one of these states also cover lawfully residing children or pregnant women in CHIP. Find out if your state has this option in place.

 

Sorry about the late reply. My wife and I live in New York. We are worried since someone near the embassy where we went for her interview told us that she is not eligible for ANY kind of assistance. We were told that if she goes on vacation out of the country and tries to enter again, that she will not be allowed entry into the country if she received assistance. It confused us. Today we are sending out her application for charity care through the hospital. 

Let's make this clear from the start. My wife, who is a permanent resident, does not intend to get any kind of assistance in the form of government aid. For example, food stamps, section 8 or disability. 

She is pregnant and we are going to the clinic for a check up with the OBGYN. They clinic offers a sliding scale and they charge us based on my income. Would immigration consider this being a public charge? 

Also the hospital near my home offers charity care when paying for the  baby delivery bill. I'm not sure of the exact details of this, but i'm pretty sure it is also based on my income. Would this be considered a public charge? 

Thank you all for your time. 

In Juarez, the embassy asks for the petitioner’s birth certificate and the beneficiary’s birth certificate.  I’ve seen people here get denied due to not having both certificates. 

They are are cracking down on citizens born to midwives. There are cases where children from Mexico were crossed into a border state after birth and then a midwife was payed off to say the baby was born in the USA.

To the best of my knowledge Juarez embassy does not accept passports as proof of citizenship. If the birth certificate shows the citizen was born to a midwife in the USA, the consulate seems to be putting these cases into AP and investigating the citizens birth. . A passport is not enough for them when it comes to proving citizenship. 

If the petitioner is a resident then the LPR card will suffice. If the petitioner is a naturalized citizen, then the certificate of citizenship will suffice. 

I am assuming you are asking for the petitioners birth certificate. I am also assuming all embassies are doing what Juarez seems to be doing. I am not sure about your specific case.

EDIT:

I saw your are submitting the packet to uscis. In that case the passport is enough proof of citizenship. Sorry.

4 minutes ago, Paul & Mary said:

Always something in Juarez.  Right?  They should be able to expedite it. Had it happen to a co-worker for his B2 visa for a conference.   Should not take more than a day or two.

Juarez is.....Juarez lol. The people have been very kind. And the consulate up until now has been very professional and today went out of their way to help us. But still, we want her visa! We really hope hope it comes tomorrow.

The agent at the help counter was amazed when he saw the size of my wife’s pregnant stomach. He seemed concerned that she has not received her visa since she is obviously due very soon. I guess this is why he got on the phone with his supervisor and asked for the process to he sped up. Very empathetic. We are thankful for him.

My wife was approved recently and we have been waiting for her packer. We went to the embassy today to ask and the agent at the counter told us that there was a typo with my wife’s name. That this is why she has not received her packed. He called his supervisor on the phone and told him about the case. The agent that was helping us was very kind. He then told us that he did his best to expedite the process. He said to try for tomorrow to pick the package up. He said it all depends on “clearance” 

Has this happened to anyone in the past? I have no clue what clearance means in this context. How long does everyone think it may take? Thanks!

5 hours ago, Kateybot said:

After submitting the DS-260, I received a confirmation of submission with the following text:

 

Your Immigrant Visa and Alien Registration Application (Form DS-260) was sent to the National Visa Center (NVC) for review. However, NVC will not review your Form DS-260 until they have received the required financial and civil documents that you must also submit. If you have not sent NVC those items, please do so now.

 

Now, I was under the impression all docs had to be brought to the embassy in London during the interview and should NOT be submitted in advance. In fact, I believe I read that somewhere. But this letter has me a little worried. Any advice is much appreciated!

 

Just to confirm - this is DCF for a CR-1 visa. 

I got that same notification around a month ago when I did my wife's DS-260 with DCF. We were okay. We did not submit anything to the NVC. The consulate told us what we had to take to the interview. This was in Mexico.  

I did not do any part 2 of ds-260, as far as i'm aware. I only did what was on the website where you complete the ds-260.

12 hours ago, wryly said:

I'm an American citizen residing with my Chinese fiancee in China and we are in the process of applying for a K1 visa. My credit card was charged for the application at the end of November, but I haven't received NOA1 yet. I was not aware that we may be able to expedite the process by marrying and following the DCF process. Is it possible for me to cancel the K1 application, marry my fiancee in China, get the requisite documentation proving marriage, and proceed with the CR1 DCF process? I'm willing to forfeit the $535 already paid for the K1 application. Should I expect any other downsides or pitfalls? If we have no strong opinions regarding where we marry, is there any reason not to do this?

 

I haven't found an estimated timeframe for this process. https://www.visajourney.com/cr1-ir1-spousal-visa/ indicates a CR1 filing is taking over 380 days, which is why I originally chose to apply for a K1. Can someone give me a rough idea of how long the DCF CR1 visa might take? 

 

Thank you, and sorry if I've missed this information in another thread.

My wife and I ( we live in Mexico) originally had a k1 visa application in process.  She is a third country national living in Mexico. We were actually at the embassy stage, but decided to cancel and apply for DCF.  Long story why that took place. But in the end, it was the best decision.

Our process here in Mexico took around 2-3 months. When I submitted the 1-130, my wife's k1 case was still at the consulate in her home country. I asked USCIS if this would be an issue, and they said no I can go ahead and submit the 1-130 to them and it would be processed even though the K1 had still not been cancelled. Make sure, if you take this route, to cancel the k1 visa. In the end we did not have any issues, but keep in mind I sent a letter asking for it to be cancelled the day before I went to USCIS in Mexico City. By the time she had her interview at the consulate, we already had a letter confirming that her k1 case had been completely withdrawn. I would check with USCIS in Guanzhou if this will be an issue first. 

If you do take this route, submit ALL OF YOUR EVIDENCE OF MARRIAGE to USCIS in Guanzhou. My wife and I did not submit a whole lot to USCIS in Mexico City. When we got to the consulate stage, she took a whole binder filled with information. They did not take any of it. I'm guess it's best to submit everything in the very first stage. Better to be safe than sorry. 

DCF gives your wife permanent residency once she is admitted into the country. With a k1 visa, it can be a long process applying for that residency. Hence she would not be allowed to work for some time. 

Cancelling the k1 and going for the cr-1 WITH DCF was the best decision we could make. Give it some thought. 

1 hour ago, Paul & Mary said:

Just to help others - we communicated with each other via DM.    My wife was also a third country national.  It took us a week to get the visa / passport back. We got back a packet about two inches thick.   I am sure it took time for DOS to assemble it all. My wife called in after 4 days and it hadn't been issued but they confirmed it was approved.

 

You are almost there!  Sorry for the final delay.

Your post got me thinking. Most people here in Juarez are getting their visas very fast. I imagine most of them are doing the visa process normall. (Uscis in USA, nvc, then consulate) since we both did DCF. imagine that is why it takes a bit longer.also that may be why you got a packet with documents back. Most people I see are not getting that. Possibly due to the fact that the consulate is doing the job of the DOS as well? Just a theory.

My wife had her appointment this last Monday in Juarez. She was approved and was not asked for any more documents. When we got back to the hotel, I checked the CEAC website and it showed "issued" It also said the visa was printed and waiting for DHL to deliver. When we call the CEAC they say it has been authorized and to just wait for the tracking number email. They do say it has NOT been printed though. We are picking up her visa here in Juarez so we have been waiting. We met some people in our hotel who had the interview the same day as her. They got their visa yesterday. We also know someone else who had their interview a day after my wife's and they got theirs today. Juarez says it can take 3-10 days for visa to be ready. Is it normal that everyone is getting theirs before ours? I reading on visajourney of cases where it goes from "issued" to "refused" We are reallllllllllly nervous. Any input? Are we overthinking this? I just want to go home!!

Visa was approved today. thank you all so much for your guidance. One step closer to getting home. If anyone has any questions please message me. I will help with what I can. 

JORGE V THANK YOU!!!!!

VISA WAS APPROVED  . Thank you all so much. Finally I can go home with my wife and be with my family for the holidays. If anyone has any questions, please message me. I’ll help with what I can.

1 minute ago, pushbrk said:

Looks good.  NO, you do not need to hand write N/A in blanks, if previous answers make it obvious the answer is NONE or N/A.  If it's not obvious, help them out, but don't answer N/A if the question is applicable and the answer is NONE.

Thank you so much as always. Tomorrow i will write the outcome of everything. I hope this whole thread can help someone out in the future. 

On 11/29/2018 at 6:28 PM, pushbrk said:

Ignore them.  Your wife has already stated her relationship to her parents on the I-130.  They SIGNED the I-864, which clearly states their obligations.  CJ Consulate definitely accepts Spanish Language civil documents, such as police reports, birth certificates, etc.

Thank you. This is my last post before interview tomorrow. This is how I filled it out. I basically just split my father and mother's total income for previous years of 2015,2016, and 2017. (refresher) They are self employed and own small business. file taxes jointly. There total income was 200,000 for all three years. Please let me know if this is okay.   Also there are lots of blanks on both forms. I have to write N/A in all of these blanks?  And finally the tax transcripts I got my me, and my parents. They only have our last name cut off, address where we filled taxes, and last four of social. I guess this is new for security purposes. is this going to be okay? 

(i-864 (father)

(part 6 item 7). Current individual income is 100,000

(part 6 item 10  )when asking about income from someone else in the household, I put down 100,000 for my mother. 

(part 6 item 20)This leads to a total of 200,000 for current annual household income. 

for questions 24 (A-c) 

2017 -200,000

2016- 200,000

2015-200,000

I-864A -(mother )

(part 3 item 7) current individual income is 100,000

(part 4 item 2 a-c)

2017, 200,000

2016 200,000

2015 200,000

Tomorrow is the big day. I hope all goes well. I haven't been home for good in years. Thank you all for your help. it means a lot to me. 

On Monday my wife has her interview. We are in Ciudad Juarez, Mexico now where her interview will be. There are some people near by who assist with the application process. We went there today to have our documents looked over and put in order. They told us that the consulate is now requiring a letter that needs to be filled out that states the relationship between me (petitioner), my wife (beneficiary), and my two parents (co sponsors). This letter is an extra to the i-864.  supposedly this letter is to show the relationship between us and to have proof that my my parents and I are aware of the legal responsibilities that we have for my wife when sponsoring her with the i-864. They also said that the consulate is now asking for all documents to be translated even if they are in the native language of the country where the consulate is at.  Of course they are offering me this service at a hefty fee. I am skeptical of it. What does everyone think? 

1 minute ago, pushbrk said:

Correct.  It would never be OK to take something that doesn't exist. 😉

Lol. you got me there. Thank you as always