mushroomspore

22 minutes ago, Lostinthesea806 said:

Another question about cr1- is the income just the baby and I or is it him plus the baby and I? 
 

All 3. The petitioner (US citizen) has to prove they make enough income to support themselves plus the intending immigrant(s) plus any dependents declared on tax forms (the kiddo). Exact figures available on USCIS' official website (Google "USCIS Poverty Guidelines").

39 minutes ago, Lostinthesea806 said:

Thank you ❤️ 
it’s harder when families hate each other but, I am hopeful as I agree the child deserves their father. He is not a terrible man at all, we simply made some immature decisions due to being so angry with one another. 

Families hating each other can be tough but at the end of the day, you guys are adults. You don't have to tolerate toxic dynamics and you don't owe blood family members a relationship just 'cause you guys are "blood". And especially since you guys have a kid, to whom toxic dynamics should be not be normalized to. If you and your partner are able to reconcile and maintain a stable relationship and want to pursue the CR-1/IR-1 visa at the appropriate time, that would ultimately be the easiest way, legally speaking. All other options are either temporary (meaning he can't stay permanently in the US) or very difficult to pursue.

51 minutes ago, gstrength said:

This is for a friend of mine. My friend is a USC, her mother had a LPR status, had 2 babies (one of them my friend) but, went back to her country for many years, she understood her status was probably treated as abandonment so, she applied for a tourist visa and, she got it. that is how she is traveling in to the country now to visit my friend and her grandson. Now she retired and wishes to be close to family. My friend asks if would it be possible to reassume her mother's previous status as LPR or should my friend just reapply for a new green card and, if she should reapply would the process be the same? (filing I-130, NVC, etc.) or is she supposed to use different forms since her mother already had a green card. My friend  and her sister both live and work in the US for several years now and have the financial means to sponsor their mother.

Thank you for your responses

She has to reapply.

22 minutes ago, Lostinthesea806 said:

Hi! 
I filed a k-1 visa back in 2020 and I ended up pulling it the same year due to relationship problems. Anyways, the person and I ended up breaking up in March 2021 when I was 2 months pregnant roughly. Flash forward to now we have a child that is almost 6 months of age. We are working on us but, how can he come to the states / immigrate without me? He is from South Africa 

To visit, he needs a valid B1/B2 tourist visa. Since he has a US citizen child and you (the mother) are also a US citizen, it seems unlikely that he'll be approved for a tourist visa but he can always try. He'd be out about $160 USD for the application though. Tourist visas are proving you will return to your home country; having US citizen family members (esp a partner/significant other AND child) works against that.

To fully immigrate without you, he has 3 possible options:

1. He waits for your shared US citizen child to become an adult and then petition for him.

2. He gets a work visa that can lead to a green card. There are many work visas but not every one allows for a green card. Work visas in general are hard to get.

3. And finally, long shot: if he's got $1 million USD that he can invest in an American company, he can also get an EB-1 investor visa and then a green card from this visa.

5 minutes ago, Tahuti said:

I’m thankful for the info Crazy Cat, please see the attached file.

 

i have 2 letters written, one by me and my spouse.

 

we have additional reasons why we need the petition expedited. That being severe financial loss to 2 people and a company if it’s not expedited.

 

let me know what you think of the additional evidence.

 

thanks again!

 

 

Supporting-Evidence 2_Redacted.pdf 143.19 kB · 0 downloads

None of this is evidence that the Canadian government is threatening and targeting YOU specifically.

1 minute ago, ExcitingFuture said:

Ok, great.  Thank you very much for the replies and help so far. 

Seems to me that with veteran healthcare benefits that should cover a birth (particularly with marriage). Hopefully someone will know a little more. Nonetheless, we're going to get started on the hill of paperwork! 

No problem and the worst part will honestly be the long wait for USCIS to get to your file after you send in all the paperwork. I also recommend using UPS to mail your papers. I used USPS for my AOS package and the tracking stopped updating after it arrived in Chicago. Cue a two-day-long anxiety attack until I saw in my bank account that USCIS cashed our check and that was how I found out our papers got delivered safely. Never again lol!! I used UPS for everything else after that with zero issues (am a citizen now, yay!). Good luck to you both! Honestly it's a gigantic formality and nothing more. But still, prep for the interview when the time comes. Otherwise, try not to stress too much about it and congrats on the baby.

8 minutes ago, ExcitingFuture said:

Ok, gosh.. yes, excuse me. 

I thought "AOS" stood for "Affidavit of Support." (on a side note, my post has a "secondary question" related to that at the bottom re: healthcare) 

Ok, so to be clear and I understand... we need to fill out forms I-130, I-130A, I-131, I-485, I-765, and I-864. Is that correct? Basically the "standard package," but also the I-131 and I-765 - yes?  

Oooh gotcha. Technically yes "AOS" could stand for Affidavit of Support but on these forums, "AOS" is used to refer to the Adjustment of Status process and people just refer to form number I-864 to refer to the financial contract known as the Affidavit of Support. So yes all those forms are the correct ones for AOS. The main thing was that you referred to your plan as pursuing the CR-1/IR-1 visa. This is incorrect so I just wanted to clarify that as legal terminology has very specific meanings, so it's just important to know all the details.

RE: Healthcare - I don't know enough about this topic to give a confident answer as I have never used emergency Medicaid or even researched it.

4 minutes ago, ExcitingFuture said:

Hi guys and gals, 

 

Thank you so much for this resource and your time and help. I've spent the last hour trying to search for a clear and unambiguous answer to this question, in the forums here and elsewhere, but am having no luck. I'm sure it's been asked many times before, so my apologies for (most likely) yet another repeat. 

I am a United States Citizen (USC) through birth (also a military veteran, fwiw). My partner and I were recently married (~six months ago) and are wanting to go through the IR1/CR1 process. The biggest worry we have at the moment, though, is a previously expired tourist visa (more than 180 days; my partner has NO arrests/criminality/etc...). From my understanding, that can be a hurdle, but certainly nothing close to insurmountable, perhaps in small part due to the new federal administration. 

We have printed out the I-130, I-130A, I-864, and I-485 forms with all necessary documentation/copies/etc... and are ready to fill them out. Obviously, we don't want to miss anything, though.

What do we need to know about this expired visa "hurdle" when filling out the forms and going through the process. Perhaps there's another form needed? More documentation? Something I'm not understanding or aware of?    

Thank you very much, again, for any time, help, and feedback on this issue/question.

If there's any more information needed I can give it ASAP.
__________________________________________________________________________

As a secondary question in order to maybe streamline the forum/post: with regards to the AOS, I see that it must state the immigrant must not use "welfare" or public assistance until approval. We have a baby on the way and would like to apply for "emergency Medicaid" to help cover the costs of the birth. Though, maybe that's not necessary, as I am a veteran and could possibly use those benefits and provided healthcare (to be clear, I am not the individual pregnant) to help cover birthing costs.    

You're misusing terminology a little bit. The forms you listed that you plan to file is for Adjustment of Status (AOS). AOS is not the CR-1/IR-1 visa process. AOS is for applicants inside the USA; CR-1/IR-1 visas are for spouses currently residing outside of the USA. They are two separate processes but with the same end result (immigrant being granted permanent resident status and obtaining a green card). Since you confirmed your partner is currently inside the USA and her latest entry was legal and on the expired tourist visa, file the AOS papers ASAP. Overstay for spouses of US citizens are forgiven at the green card interview. Your partner cannot work or leave the USA until she receives a combination card that grants employment authorization and Advanced Parole. These are forms I-765 and I-131 respectively. They are free to file for AOS applicants, so add them to your package.

2 minutes ago, Dianalorena said:

Tell that to my panicky lizard brain! 

 

I guess I was hoping they would see the frontloaded application and spare me the interview, so I'm a little scared. 

You'll be ok. They offer the divorce waiver as an option for a reason; they don't operate on the basis that every divorce automatically means fraud or that there's something to be suspicious of.

2 hours ago, Dianalorena said:

Hey everyone, it's been forever.

 

Long story short, in 2019, six months after entering the country, my spouse cheated, asked for a divorce,

moved in with the new woman and got re-engaged within months. I know, a proper soap opera/telenovela.

 

I was gathering the documents and I took a bit longer than I should've because I was heartbroken, (but still filed within the timeframe)

I mailed the documents in 2020, so of course I got stuck in the Pandemic timeline and have obtained both my extensions, which are valid until August.

I was also dumb and deleted a lot of the photos/messages out of anger, but I thankfully kept the big needed items. I've been told photos aren't too important. 

 

I finally got my interview scheduled for March 31st, and I am mortified, thinking I don't have enough things with me. 

I front loaded my application with the help of rapidvisa, I sent this and I am bringing the following evidence:

 

* Lease of us living together, including emails with the landlord.

* Our taxes filed Jointly for 2018

* Proof I was on his insurance

* Proof I was his primary life insurance beneficiary 

* e-mails to each other, good and bad.

* Facebook screenshots and some random messages I could find

* Proof of some trips we took together 

* proof of him being verbally abusive to me on an e-mail

* an e-mail of him confessing to cheating

* my receipts of paying for therapy 

* our divorce decree, which was started by him. 

* a letter from me explaining the separation 

 

I am requesting 2-3 affidavits signed in front of a notary of people that knew us and knew the relationship was real. 

One from his twin brother, one from a friend and one from a cousin. they all support me and were also blindsided by it. 

probably will ask a 4th one from a friend that was in the car when he almost killed us driving drunk, but she is in Mexico

so no idea if this one will count. 

 

I know you can't know if this will be enough, but that's all I've got. We never had joint credit cards or accounts, no children thankfully.

is there anything else I could include that I'm not thinking of?

Any words of encouragement or support are deeply appreciated.

 

 

 

 

Your situation is very common. You'll be fine.

56 minutes ago, OuDeDe said:

I submitted the I485 form and a month later she got a notice fir fingerprints which she completed a month ago. Now her status says under review. Can we do an I131 Advanced Parole now? 

Yes as stated in my previous comment, you can file I-131 now. You should also file I-765 (Employment Authorization) if not already done so. They are free to file for AOS applicants. But as also stated, expect a long wait time. She cannot leave the country until she gets AP...or rather, she is free to leave without AP but she won't be allowed back into the US until she gets a spousal visa. Sorry but unless you are willing to abandon AOS now and do the spousal visa, your wife will not be able to leave for months here. I predict the earliest she will get AP will be the end of this year.

6 minutes ago, OuDeDe said:

Hi all,

my wife did her fingerprint a month ago for the AOS . what's after this step to get here temp green card? She needs to travel to visit a her ailing mother. is there anyway to apply for a travel document to be able to come back.

thank you

If you didn't file form I-131 Advanced Parole with your AoS package, then you can submit it now but it will not be fast. Advanced Parole is taking months right now. This is one of the main drawbacks of AOS, which you should have been aware of during your research. If your wife leaves without the Advanced Parole document, then her AOS is considered abandoned and she'll be stuck outside of the US until she can get a spousal visa. There is also no such thing as a "temporary" green card. There are only the "conditional" green card (valid for 2 years) and "unconditional" green card (valid for 10 years).

25 minutes ago, Beltre0519 said:

Thank you! probably come up with a lie why I couldn't make it, he will def not tell them we got divorce. But not worrying about that anymore.  Thankkkkkk youuu so much for your input and knowledge. You guys guided me the right way and will take our advice.  @Crazy Cat @Mike E @Rocio0010 @Timona 😀

Haha the funny thing is that telling USCIS that you are getting divorced with a pending I-751 is TOTALLY NORMAL and the easy way to go about it. Sooo many couples do it. You can't predict life so lots of people do undergo divorce after filing a joint I-751. Your ex lying and thinking that's gonna help him somehow with USCIS??? Well that speaks to....very low levels of intelligence. But it's ultimately not your circus and not your monkey. Wishing you all the best as you move on.

3 minutes ago, 1800X said:

Could the problem be she tried to enter on an IR1 Visa but returning to Canada in a week to finalize additional steps like clearing out the house , helping the kids decide who gets what etc. and then returning to USA in a few weeks?

 

No, this would not have been an issue either.

5 minutes ago, 1800X said:

Yes she is in the US now,  she is on a plane at this moment out of Syracuse New York after entering USA with a visitor visa stamp last night after a lengthy difficult discussion with 3 border agents at the Thousand Island Bridge POE.  I wish there was more to the story and their may be in the way the questions were asked and or answered ?  We have maintained two homes for the past 15+ years so there was is no reason for her to transport any belongings we were giving everything to our adult children as we don't want to pay to move things we don't need.  Maybe her not claiming anything with her threw some kind of flag ?

 

Wow this is super strange. As long as her visa is valid and she enters BEFORE its expiration date, that should not be a factor at all in being flagged or not. It's actually illogical for the agent to allow her to enter under visitor status when your wife has expressed clear immigrant intent AND was granted the immigrant visa. I agree with the others: go to a major airport and talk to the CBP there and explain the story. If your wife remembers the agent's name or anything about them, you guys should 100% share that info.

Just now, Crazy Cat said:

If this happened as the OP says, it sounds like an unlawful act on the part of CBP.....

I was going to say the same thing...that CBP agent is wildly incompetent or was being intentionally malicious. There's no good reason for the agent to have flagged OP's wife when she had a valid issued immigrant visa in her passport.

10 minutes ago, 1800X said:

I guess my wife and I screwed up. Long story short we have been married for 11.5 years and I attempted to go to Canada first but time and life goes by.... We started the process for my wife in January 2020. things were finalized November 2021 she had her IR1 Visa in her passport with an expiration date of April 17. 

She arrived at the Thousand Island POE with her Visa and Passport in hand but things went awry.  Basically the agent ultimately told her she could enter as a visitor but her file was flagged and she needed to provide proof she had resigned from her job and terminated her lease before April 17 if she expects to enter on the IR1. 

 My question is , has anyone experienced what the process is if the IR1 Visa holder does not enter prior to expiration date?

My apologies if the above is in the wrong place/incoherent/ or otherwise offensive to anyone. My thoughts are still trying to process what happened why and what we do from here.

 

Thank You 

Steve

Wow, this is a little wild! I've also never heard of CBP agents asking immigrant visa holders to provide proof that they resigned their old job and terminated their lease. The immigrant visa is proof enough that the US government is allowing the person to enter the US permanently. Did your wife enter the US or return to Canada? What is in her passport now? It may be worth it to fly through Pearson or another major airport.

10 minutes ago, Shunsuke said:

Hi I submitted AOS last December and finished biometrics now. 
I’m planing to go to barber school.
I have a friend who works at hair salon and she said that hair salon company can apply working permit (as part time job) so I can work as her assistant once I enter the school even I don’t have EAD yet.

I’m not sure this is possible or illegal to work before having EAD.

please give me some advice or your experience story thank you!

You need the EAD to work as it is literally in the name: "employment authorization".

26 minutes ago, tomigaoka said:

 

 

Okay you are right

 

Married: July 2015

Got 1st GC:  August 16

Filed n400 5 years: May 2021

 

Does this make sense? He said he  got another GC during 2019 for10 year

 

 

The timeline makes sense but he still needs to withdraw his N400 and reapply in 2024. If he was still married, then he was okay to file N400 now. But since he's getting divorced, he can't apply under the 3-year rule anymore. The N400 clock starts counting from when you are approved as a permanent resident, not from the time of marriage.

5 minutes ago, Brian1977RI said:

Mybwife has multiple sclerosis, she is an Australian citizen and I'm and American petitioning for her...will her pre-existing condition stop us from this happening? 

Thanks in advance 

Brian

No. She does have to complete a medical form/check-up and show her vaccination record, but MS does not bar immigrants from entering the US or obtaining a visa.

53 minutes ago, magda2023 said:

I really need some help right now as the craziest thing happened to me.

1 year ago I filed I-751 with divorce waiver  however my divorced wasn't finalized when I sent the paperwork

In October they sent me a RFE asking me for the divorce paperwork. I sent the divorce decree that same week

I did not receive any notification however USPS tracking was showing that my RFE package was delivered.

 

I did not receive any notification at all however yesterday I checked my emails and I saw that I received a letter from USCIS yesterday.

I asked my boyfriend to open the letter today and send me a picture.

 

They denied my case saying that I did not answer the RFE( what I did )

 

I live in New Jersey, however I work for Mercedes-Benz and right now Im overseas doing a mandatory training, Im supposed to go back to America in 5 days

 

Right now Im freaking now and I don't know what to do. Can I go back to the states? the letter said that my LPR status has been terminated.

 

Im freaking out, and it is Sunday I don't even know a lawyer that I can call. I had a panic attack this morning when I found out the news and my boss took me to the emergency care they gave me medication. Im back at my hotel right now trying to figure out what can I do. I don't even know if Im gonna be allowed back in the US or what can I do. 

 

My car is waiting for me at the Newark airport

 

 

 

 

 

 

Oh jeez so sorry this happened. It sounds like USPS lost your RFE reply with the divorce decree. USCIS would have updated online to say "RFE response received." But what's done is done. Your LPR status is not terminated until an immigration judge says so. You can still return to the US with your I-751 extension letter and GC (even if it is now expired). As for the I-751, I believe you can refile with the divorce waiver and a letter of explanation but I'm paging experts @pushbrk & @Crazy Cat for their wisdom...

3 minutes ago, Mozan said:

On the form it says are you sending the copy of GC or you lost. I thought someone can check the box lost the GC. Today I called USCIS as well to check with them but they have computer and don't allow to talk to any agent. 

Technically it could happen but I don't get why you are paranoid about this happening unless you know someone is actively trying to get revenge on you. The other person has nothing to gain by doing this.