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About aviator99

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Immigration Info

  • Immigration Status
    K-1 Visa
  • Place benefits filed at
    California Service Center
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  1. Hello all, Question: USC Wife is filing I-130 (Petition Alien Relative -- Immediate Relative) and mother in law is filing I-485 (AOS) for mother in law whom is visiting us here in USA. Wife and I are filling out I-864 Affidavit of Support right now for that. Wife is unemployed, $0.00 income, I am fully employed, high income/no prob on poverty guidelines). When my wife fills out her AOS -- it asks for all the assets in the bank accounts, etc for our household. She included all of our bank accounts and it is above poverty guidelines/etc.. Now...is that -sufficient- and we're all set (just her I-864 with all the assets listed), or do we -BOTH- have to fill out an I-864 because her -personal- income is 0.00? As in...wife does I-864, but because she earns 0.00, I must sign do an I-864 as well as a "First of Two Joint Sponsors" (I think?) because i'm the one with the job/income/etc.? We are both legally married for 4 years and have filed Joint-Married tax returns for last 4 years, and live in same household, etc. Do we need -two- I-864's, even though we are married, just because SHE is the petitioner of her mother and her income is 0.00? Or does USCIS automatically consider us "A couple" (cause we're married), and one I-864 and all our assets/info is sufficient? Thank you everyone!!!
  2. Thanks 'Boiler ' -- Now that you said that -- I thought the B2 gets cancelled when you file the I-130 for that person. Just googled that and apparently I was wrong (thought I read that somewhere) -- I guess the 'B2 Visa' is still valid UP until she would get her IR-5 visa to enter under that. Yeah given her age and the next visit under her B2 would be her 4th visit to the USA I doubt she'd have any issues at the border despite a pending I-130 since from what I read.
  3. Thank you all for the help! Actually we talked to her the last couple days and she seems to agree, maybe its best to just have my wife petition her and get her a green card. Ran through the AOS idea in my head, she could just file for the AOS since she's already here, though I know the USCIS frowns on the "intent" portion of that since she came in via the B2. She said she doesnt want to do that anyways since she has so much to do back home in the Philippines if she will move here, so she'd rather just go back and have us apply via the I-130/etc. Which is better anyways. Only downside is i've been reading and good grief...IR-5 backlog is HUGEEEEE in the Philippines. I mean, it's taking like 2-2.5 years to get the IR5 when pre-Covid and pre-trump ban it was averaging around 8 months. Wonder if they're going to speed up processing there or what...because once we apply, her B2 gets cancelled, which means no more visiting us for the next 2-2.5 years based on current timelines.
  4. Hello, My wife (US Citizen; born/raised Philippines) has her mother here (visiting on B2 visa from Philippines; she's 63 years old), living with us and our 2 children the last 4.5 months, we've been having an amazing time each despite being cooped up at home under the Omicron surge. Her I94 expires March 26th 2022 (basically 5 weeks from now). This is her 3rd time here in the USA (1st visit was 2018 - 3 months. 2nd visit she came November 2019, right before COVID -- stayed till July 2020 due to Philippines being locked down). We've been talking about possibly extending her visa. We filed I-539 during COVID back in March of 2020 (her 2nd visit to the US at the time), peak of the huge US COVID surge at the time -- it was filed before her I94 expired then (Philippines was locked down and she couldn't travel back). Everything was filed timely and properly; the application was denied way later that year long after she left the USA (denied due to no-show on Biometrics, as she was already in the Philippines). That denial was expected since she was long gone from the USA. She flew to the US September 2021 again, no problem on entry, no questions about the I-539 we last filed during the COVID times of 2020 or anything of her last visit. We are considering filing I-539 again this year because once again, we got screwed with Omicron and haven't done much. She's staying with us and our 2 kids, we're having an amazing time just spending time as a family although with summer coming up soon and the COVID cases dying down bigtime (so far it seems...), we'd love to venture out and spend more time together. We are 50/50 on whether she should just "Go Home" and come back in 6-12 months again, OR, file the I-539 like we did last time. My questions are: 1. Anyone know of (or had) any "Successes" with the I-539 and extending a B2? I know we had no issues with it the 1st time, but i'm wondering if that was because USCIS/CBP were just "gracious" during the COVID times and understood people couldn't travel back to their home country (which happened to her). I know USCIS had published guidance about it during those times due to border lockdowns and countries shutting down, so those were extenuating circumstances at the time. 2. I researched a lot already and checked other posts... it seems for I-539... its *OK* that your reasons for extending are tourism, pleasure, spending time with family, travelling within the USA, etc. I'm correct in thinking those are VALID reasons, right? 3. Would you think having -TWO- I-539's filed on record (last visit 1.5 years ago -- and this visit), would be an issue on the -NEXT- entry to the USA in say...1-2 years? Anyone ever hear of someone having multiple I-539's on a B2 visa record (1 per visit)? Apparently she does this with Canada and its never an issue (extending each visit), but that's Canada... Any thoughts/questions/advice? Thanks so much!
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