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fdhs

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Posts posted by fdhs

  1. 1 hour ago, NikLR said:

    It's possible with her US work history ahe has accumulated enough work quarters to use the I-864w. 

    True - per the I-864w instructions, she MUST use the I-864w if she has more than 40 quarters:

    Quote

    You must use Form I-864W instead of Form I-864 or Form I-864EZ with your application for an immigrant visa or adjustment of status if any of the following apply:

    1. You have earned or can receive credit for 40 quarters of coverage under the Social Security Act (SSA). If you have 40 quarters of SSA coverage, you are exempt from the requirement to file Form I-864 or Form I-864EZ. You can acquire 40 qualifying quarters in the following ways: A. Working in the United States for 40 quarters in which you received the minimum income established by the Social Security Administration;

     

  2. 7 minutes ago, Going through said:

    Not in your favor is the amount of time he has been permanently residing and working outside of the US---I understand he is close to retirement which is probably why he didn't want to leave his employment----which is not what the GC is for.  Except extra scrutiny for the ROC due to this.

     

    Yes, this-also: since a reentry permit is (normally) valid for only two years, make sure he is back in the US before it runs out! 

  3. If you use the search function for the forums you can find quite a lot of threads discussing whether you can use 401Ks or not... the "hardship" part of the I-864 instructions is the relevant question:

     

    Quote

    Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. 
     

     

    It seems to be up to the CO at the interview whether to permit the 401k or not - they might consider the fees&taxes incurred from liquidating it as a "financial loss" to the owner (which would then prevent them from using it...).

     

    Your math at the end seems to be correct, and you would *technically* fulfill the requirements of the I-864. However, just fulfilling the requirements isn't enough-you have to convince the CO that the wife is unlikely to become a public charge. This is a bit subjective-I guess including things like the wife's US employment history, tax records etc might help.

     

    It would be interesting to hear from other couples where the intending immigrant has been the primary "breadwinner" (so to say).

     

    I don't know if the couple can "confidently" file (or if anyone should ever be "confident" about their chances of success in the immigration process) - but if there is nothing else they can do, then there is nothing else they can do...

  4. Well, you could *try* an exceptional circumstance DCF using the "Short notice of position relocation" example - see the filing instructions for the I-130: https://www.uscis.gov/i-130. If you get permission to do this, the process is a lot quicker-your wife could take the job, and you'd be able to join her in a month or two. 

     

    Apparently it is quite difficult to get permission to do DCF from Canada (so far using google, I found one case of this working from Canada on VJ - back in 2014). See below for a thread discussing this

     

    On the other hand, since it only takes a few´days for them to decide whether to let you do this or not, there is no harm in trying (you would potentially only lose a few days time if they say no, and you have to send the I-130 to the Chicago lockbox).

     

    It would also be another datapoint for VJers interested in this issue.

  5. 12 hours ago, NikLR said:

    that's ONE thread.  Ive only ever seen TWO exceptional circumstances since 2012 on VJ. 

    I posted that as an example. There are several others; I have found at least 4-5 approved exceptional circumstance DCFs on VJ for 2018 alone. I strongly suspect that the probability of it working is quite dependent on the country/region. Many of the threads seem to devolve into Europeans telling Canadians that it most likely won't work, and Europeans telling Canadians that it usually works. 

  6. On 6/1/2018 at 5:56 PM, Boiler said:

    The one thing which is a truism on VJ is that you never get the full story, often material information seems to need to be dragged out.

     

    So you can usually see where the extremes are, what works what does not, but trying to determine a dividing line when there are many variables is an impossibility.

    I absolutely agree; I'd be willing to bet that the country&type of job play a big part in whether it gets approved or not. My main point (and a few previous exceptional circumstance dcf-ers appear to agree, see, for example, the linked thread below) is that people on the forums seem to have almost a  "negative" attitude regarding it, suggesting that it is almost impossible to do. This in turn may lead to people not considering it.

     

     

     

  7. It says in the instructions for the I-864 that your tax returns for the most recent tax year (which would be 2017) are required: 

    Quote

    You must provide either an Internal Revenue
    Service (IRS) transcript or a photocopy from your own records of your Federal individual income tax return for the most
    recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you
    may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years.
    You are not required to have the IRS certify the transcript or photocopy unless specifically instructed to do so by a
    Government official; a plain transcript or photocopy is acceptable.
     

    If at all possible, I'd suggest doing your 2017 taxes and just making a copy to file with the I-864.

  8. 49 minutes ago, JosephandJames said:

    Hej,

     

    I have just a quick question about the interview stage. I have some work related travel coming up over the summer months and I am wondering if there is any type of flexibility with the interview visa (CR1/IR1). Do they automatically choose the date for you? Also, if you want to reschedule your interview how does that work? I found a document on the Stockholm embassy website that said rescheduling an interview could take up to 6 months before being appointed a new one. Anyone have any experience with rescheduling an interview. Any help at all is appreciated. 

    Hej, 

    We sent an email to them saying that we had collected the required documents and scheduled the medical. They then replied with a suggested interview date 3 working days after the medical. I guess it all depends on how busy they are, but since we got ours so quickly, it seems to not be a big problem. My impression is that the embassy in Stockholm doesn't process so many cases, so there are lots of free interview slots. (I could be mistaken though)

  9. 14 minutes ago, NikLR said:

    Low chance.  Meaning we dont hear about it much.  Most expedites with the USCIS are denied to begin with so it stands to reason that trying for beyond a expedite is even more difficult.  But you can ALWAYS try.  No one says you cant.  

    It's true that there don't seem to be many posts about it, but that could be because not many people try it. However, it worked for us (will post full timeline shortly) and for pretty much everyone else who have tried (that I could find in the posts about it). The OP was asking for the fastest way to get a visa, and DCF with exceptional circumstances appears to be the fastest way (1-2 months).  Note that it is not an expedite, and USCIS clearly state on the page with filing instructions for the I-130 that short-term relocation for job reasons can be a reason to permit DCF at a non-DCF embassy.

     

    People who ask for information should get correct info, without (too much) guesswork about what will work or not.

  10. 3 hours ago, fdhs said:

    How do you know that it's a "low-chance gamble"? It is certainly a possibility, see below: 

     

    Should have written: why do you think that it's a "low-chance gamble" (I noticed you wrote IMO afterwards). On second reading, my post sounded more confrontational than I intended...

     

    I was interested in if you had any statistics/anecdotes which informed your opinion regarding the chances of success for a job-related exceptional circumstance DCF? Googling the forum seems to indicate that it works reasonably often  

  11. On 4/19/2018 at 5:39 AM, geowrian said:

    DCF under exceptional circumstances is available anywhere, although the success of doing it under the short notice of a job transfer criteria is low chance gamble IMO. Every case is unique, but generally that's for somebody who was assigned to a new position in the US from their existing job, and therefore needs to move under a short notice. Requesting to be transferred or finding  anew job wouldn't really fit this.

    How do you know that it's a "low-chance gamble"? It is certainly a possibility, see below: 

     

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