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meblue

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  1. Hi guys!

    My husband(USC) just mailed my daughter's I-130 petition. FYI he is not the father. So he is petitioning for his step child. My daughter is in my country. She is 7 yrs old. I just have a question. Listed below are the documents we included in the packet.

    Completed I-130 form

    Our marriage certificate

    Both of our divorce decrees

    My birth certificate

    His birth certificate

    my daughter's birth certificate

    Copy of my husband's passport

    copy of my passport

    copy of my daughter's passport

    copy of my green card

    $420 filing fee

    I sent it via Express Mail and will be there tomorrow at noon.

    Please let me know If I forgot something. your comments will be very appreciated!

    Thanks in advance! :)

    Hi,

    We are in the same boat. My husband (USC) is also petitioning for a step child, my daughter. We sent the same documents and we got NOA 1 now.

  2. Hi,

    It's me again. Just want to ask few questions for I-130 petition before sending it. The petioner is my USC husband and the beneficiary is my minor daughter.

    These are my questions:

    1. I just got all the documents from the Philippines, like my daughter's NSO birth certificate, passport, school records and baptismal certificate. Do I need to send all these documents with the petition?

    2. My daughter and I also got our pictures together since she was a baby until she was 8 years old. Do I need to send some of it with the petition to prove our relationship?

    3. Aside from certified copy of our marriage certificates. What are the other supporting documents or proof of my relationship to my husband to send with the petition?

    4. Do I have to use ACCO fasteners to hold documents? Or I'll use paper clips?

    I need any input and advice. Thank you in advance.

  3. Hi,

    My USC husband is the sponsor for the petition of my minor daughter. But we are confused about the affidavit of support requirements. We will file Married Filing Jointly for 2011 tax. He is recieving a social security/disability for $16,000 a year plus $4,000 gross income a year, that's just his income. I also have my own income. Including my daughter my husband's daughter we are a family of 4.

    My questions are:

    1. Does my income also have to make 125% of the poverty guideline for 4 people?

    2. Or I just have to make up the difference in my salary and the poverty guidelines?

    3. SSDI can be used as income on the I-864?

    4. What is the 125% poverty guideline for 4 people?

    5. In 125% poverty guideline for the affidavit of support, Is it the gross income, or income after the deduction of the dependents?

    I need your advice and input. Thanks in advance.

    meblue

  4. My Social Security Card/green card & My Birth Certificate/marriage certifficate has Two Different Last Names.

    My new husband will petition my minor daughter. I will add my income in the affidavit of support but my social security and green card the last name is still in my first husband's name. I went to SS office and they said the system won't let them change my last name because I need to change my last name in my green card first. Changing my name in my green card will cost me $450. I'll just wait and file a naturalization in April 2012 to change my last name.

    We need to file jointly and I have to used my name in my social security (my first husband's last name). The marriage certificate on my 2nd marriage I used my original maiden name, my name in my Birth Certificate. You think this will cause problems in my daughter's petition? I appreciate any input. Thanks in advance.

    meblue

  5. Hi,I came here in K1 visa then after I got married and adjusted my status I used my husband's last name in my green card. My husband died 3 years ago. I found a nice guy and we just got married. I used my previous name/single name in my marriage certificate.

    Just an Example:

    Single name - Belenda Tan Chan

    1st Married name - Belenda Tan Smith

    Name in green card - Belenda Tan Smith

    2nd marraige, name in marriage certificate - Belenda Tan Chan

    My question, is it right to put my single name in my marriage certificate now? Or I need to use my name in my green card? My new husband will petition my minor daughter, that's why I put my single name in my marriage certificate so my name will match on her birth certificate. Please help, I need advice.

  6. Dave & Roza is wrong. You CANNOT file taxes in your new name if your SSN isn't in that name. Your taxes will be rejected because of the mismatch. I know this because my SSN was in my maiden name when we filed taxes for 2009 so I had to file in my maiden name. There are also multiple topics of people having to do the same on here.

    Did you file married jointly even though you filed taxes in your maiden name? Do we need to include our marriage certificate when we file our taxes married jointly? What are the other document that we need to submit to the IRS?

  7. I see two options here. 1) File the I-90 form to change the name on your GC. Cost is $450 and will take a while; or 2) not sure of the timing but you can file for Naturalization 90 days before you have been a LPR for 5 years and then you can change your name with SSA and do not have to worry about the GC any more. Not sure if you will get this done by April 15th or not. I would just file taxes in the new name. The only time SSA cares about the name is when it comes time to claim benefits. For example my Mother's legal name and name on her SSC was First Middle Married, but she went her entire life by Middle Maiden Married until she turned 65 and had to claim SSA benefits. Then she changed her DL and passport back to First Middle Married so it matched her SSC.

    Good luck,

    Dave

    Thanks for the quick reply Dave. My LPR for 5 years will be July 2012. So, April 2012 I can file my Naturalization. I think I'll just do the #2 option. If we can file jointly in our taxes with my new name, no need to worry about my green card. My new husband will petition my minor daughter, my name will cause any problem with the petition?

  8. Hi,

    I came here in K1 visa then after I got married and adjusted my status I used my husband's last name.

    Just an Example:

    Single name - Belenda Tan Chan

    Married name - Belenda Tan Smith

    In my green card and social security card my name right now is Belenda Tan Smith. I am LPR, my husband died last 2008. I just remarried a month ago. So, my new name now is Belenda Tan Wesson. Wesson is my new husband's last name I already change my name in my driver's license into Belenda Tan Wesson but when I go to the Social Security they can't change my name because in my immigration record it's still my old name Belenda Tan Smith. They told me to report my marriage to the USCIS first. How can I do that? How long it would take to update my immigration status? Do I need to apply for a new green card? How much is the fee to update my name? I want to change my name because we want to file jointly in our income tax, and my husband want to petition my minor daughter. I'll appreciate any advice. Thanks in advance.

  9. Your husband, the petitioner, files Form I-864, and he needs to figure out what is his income (he does not include your income). You can include you income by filing Form I-864a as a household member. With both forms filed, your combined income is used to determine if the 125% poverty level is met.

    Yes, it's silly to list your husband and your income separately when a couple files jointly, but that's that requirement. Tax laws and immigration laws are often not related.

    Even if you and your husband file taxes separately, his household count is still 4. He counts his spouse, children, and the intending immigrant. He still counts himself, his child, his wife, and the intending immigrant.

    He is recieving a disability check and I also got a personal savings, can we include it in our income? Thanks

  10. Hi,

    My USC husband will petition my minor daughter. When we file income tax for 2011, we will file Married Filing Jointly. We will claim his daughter,me and himself. In the affidavit of support the household size is 4 including my daughter. Both of us, our gross income is 35,000. Is it allowed to include my income for the Affidavit of Support? Or we need to file separate? But if we file separate, his income won't make it for a family of 3. I'll appreciate any advice. Thank you.

    meblue

  11. Hi,

    My USC fiance and I will get married this month and then he want to petition my minor daughter who lives abroad. But he got convicted for falsification of document 12 years ago. He already serve his sentence for 10 days in jail and 6 months probation. Is his conviction will cause a problem for the petition of my minor daughter?

    I really appreciate any advice. Thanks

  12. There is no way for you to permanently bring your daughter to the US at this time.

    If she can get a visitor visa, she must leave the US before her I-94 expires. Given the circumstances, I don't think she will qualify for a visitor visa. However, you should give it a try if you think it might be possible for your daughter to temporarily visit the US.

    As an LPR, your options is very limited when petitioning for an unmarried child under 21 years old. It takes 2-3 years for an LPR to petition for an unmarried child under 21.

    You will be eligible to apply for US citizenship in April 2012. It will probably take 6-12 months.

    Are you married to a US citizen? If yes, your US citizen spouse may be able to petition for your child now.

    my thoughts to you is to 1) file the I-130 for your daughter now, and 2) upgrade the petition to an "Immediate Relative" case once you are a US citizen (taken oath).

    I am a widow and I have no plan to remarry at this point. So, maybe it's better that I'll wait for 6 months for my Eligibility to apply a US citizenship then another 6 months to get approve, then wait for months I don't know how long for my daughter's Immediate Relative visa. But my concern is, my niece can't watch her all the time. She's working a full time job. My niece is my only relative at this point that is capable to take care of my minor child. What if she got an epileptic seizure again and something bad happen to her. I'm just concern and worried. I need more advice, I really appreciate it. Thank you so much guys.

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