Mae Harry

In relation to my post, we now have a Joint Sponsor, however, she can only provide us her most recent W2/1040/Tax Transcript which is 2022. Is this ok? 

Or does she need to provide us her 2020 and 2021? (We don't want to give her too much hassle really to look for these docs)

What will the Officer require from our JS, the most recent income? Or all previous 3 years?

I am for interview next Monday USEM. 

Hello everyone.  I made a new post so as not to lengthen my previous post but here is the background....

I am already for interview at USEM Manila.

1.  My husband is divorced and have 3 kids from previous marriage (2 are underage)

    He did not declare the kids under his tax declaration. They are all under the ex-wife.

2.  Was advised to find a Joint Sponsor since we have to declare the 2 minor kids in his new I-864.

3.  I have to point out that since the filing of taxes was extended to October 16, my husband's 2022 tax is still on process and 

     might not be ready on time for interview.  It is to be noted that his income for 2022 is way below the poverty guidelines, and

     yes thus the Joint Sponsor.

     The question here is, if the tax is not processed in time for my interview, what will I present to the Officer?  Just the 2021 and 2020?

4.  Will this be a 221g requiring the 2022 tax of my husband?

5.  As for the Joint Sponsor, will I need to upload his I-864 and the I-864A of his wife prior to interview?  or can I just bring the scanned copies of these

     and present to the Officer?

6.  What are the documents needed for the Joint Sponsor and his wife (household member) aside from the I-864 and I-864A, W2 and 1040?

Interview is in USEM Manila.

4 hours ago, Dashinka said:

He also needs to provide a new I864 with the minor children included in his household size.

Yes got it. 

Just now, Mae Harry said:

Yes got it, TY. 

15 minutes ago, powerpuff said:

All minor children, regardless of where they live and who they’re claimed by in their taxes, must be counted in the household size for I-864.

Alright. This means we do need a joint sponsor before the interview. Interview is in 2 weeks ohmy. 

4 hours ago, JeanneAdil said:

the children need to be listed as stepchildren on the ds 260

 

The USC may not claim them due to his divorce agreement where that agreement will be seen and divorce papers have to be included at NVC and embassy 

and he pays child support for 2 of them so they are part of his household 

 

the older child may be part of household if he lives with his father and is supported by him even if not underage

Even if the 3 kids are under the tax of his ex-wife per divorce agreement , we still count them as part of his household?

6 hours ago, Crazy Cat said:

Sounds like he incorrectly calculated household size.  I would fully expect a joint sponsor to possibly be required.

 Sadly, I guess he did.  We are now looking for Joint Sponsor.  My interview is in 2 weeks. 

10 hours ago, Dashinka said:

Did he list the two underage children as part of his household size?

No, he did not. 

9 hours ago, pushbrk said:

Assuming he counted the unmarried children under age 21, on his affidavit of support, his income must be sufficient to qualify without a joint sponsor.  So, were they counted on his affidavit of support, or not?

He did not count the 2 underage children in his AOS.

7 hours ago, VisaQuestions0115 said:

My wife, her mom, and her mom’s husband all live together. My wife is listed as a dependent on mom’s tax transcripts. My wife who is my primary sponsor listed herself and myself (the beneficiary) on her I-864 which makes 2 household members.

 

Her mom who is the joint sponsor listed herself, her husband, and myself as the household members on her own separate I-864, which makes 3 household members.

 

Did we do this correctly? From what I can see, a joint sponsor cannot combine income with the primary sponsor. A joint sponsor (mom) cannot list a primary sponsor (my wife) as a household member which makes it two separate households, two I-864s.
They do live together so I’m wondering if we need to change anything.
My wife makes 0 income as a student and her parents’ combined income is 130k.

Hello!  So for the I-864 of your wife's mother (being the Joint Sponsor), their household size is 2?  Not counting your wife since she has her own I-864...did I get it right?

I am already for interview at USEM Manila.

1.  My husband is divorced and have 3 kids from previous marriage (2 are underage)

    He did not declare the kids under his tax declaration. They are all under the ex-wife.

2.  Is there a possibility that the Officer will require a Joint Sponsor during the interview when he/she will know that my husband

     has 3 kids? I am assuming that the Officer will ask if husband has kids knowing that my husband was previously married.

     We were not asked for a Joint Sponsor during NVC Stage.

On 4/14/2021 at 11:56 PM, TeeluvsCee said:

I had my F2A interview on Monday, 12th April and I was approved. The next day, I got a message to pick up my passport and I've picked it today. 

My interview was originally scheduled for 31st March, 2020 but was cancelled due to Covid19 and Trump's ban.

Hello.

What is your PD and DQ? 😊

Hello everyone!

Husband (the petitioner, LPR) and I have been filling out the I-130 and I-130a these past days and we hope we can be clarified on the following:

1.       Husband is previously divorced.  How will he write down the name of his previous spouse?  Will it be the maiden name of the previous spouse, or her married name at the time she was married ? (surname of my husband)

2.       Is the travel document number different from the passport number?  I have a B2 visa, and it has a control number on the visa.  Is this the travel document number? 

3.       Is the Alien Registry Number different from the USCIS number on the Green Card?

4.       I am outside of US so I cannot sign the I-130a.  Do I need to mail a signed copy?

5.       The preparer of the I-130a is my husband?  But he does not have a preparer for his I-130 because he filled it out himself.

6.       Do I need to print and submit colored copies of the original colored documents such as marriage certificate? Or will black and white copies suffice?

7.       Do we still need to submit:

·         passport bio pages of both of us

·         birth certificates of both of us

·         2x2 ID pictures of both of us

          I read that some still submit these.

8.       How do get call logs from our Messenger calls?

9.       How many pictures do you recommend that we send?

10.   Do we need to attach an affidavit from a 3^rd party regarding our relationship?

11.   Do we need to attach copy of the i-94 of my husband to prove that he visits me?

12.   How do I bind the copy of divorce documents?  Can I staple it?  13 pages. 

13.   What do you recommend for binding ALL the documents?   Fastener or binder?

Sorry for the lengthy post and numerous questions.  Just wanted to be sure I did not miss anything 😃

Thank you for your time 😃

Try Sunny Bay Suites. 

Hotel is a bit old, although they are renovating it, but the room had a fridge and stove.  Room was very spacious too. 

Yes Sir Hank, last that I know of, the divorce bill has no new updates.  They hype it up saying that it will be passed soon to the frustration of many.

What about church annulment, is there such a thing?

Is it possible?

9 hours ago, You Don't Know Me said:

That line is moving in the right direction. It just takes someone who has the resources and will to get it moved a little further.

 

A good litigator could probably successfully argue that either party of the divorce being a US LPR with intentions to to live in the US for an extended period (or permanently) would have the same effect as being a foreign citizen therefore the other spouse should be able to get the US Divorce recognized in PH for the same reasons.

8 hours ago, Hank_ said:

Rub a lamp on that one.

 

Need to get past the huge "divorce in the Philippines" issue.  

Thank you for this, however, PH law is really archaic. Our case is still in court, no pre-trial hearing yet as the lawyer deems to be occupied with other cases thus may have "overlooked" ours, we have to follow the court calendar, and depends also on the availability of the judge.  These are AMONG other things which makes annulment cases so "labyrinthine" that you just want to give up but you can't.  =(

Sir Hank:

All the while I interpreted the requirements in the US embassy website incorrectly.  Thank you for clarifying that Sir.  Below is the requirement from the US embassy website. (which I incorrectly interpreted)

Now, if we do want to pursue marriage in the US, processing of I-130 takes 2 years, by then, having kids may be out of the question given our age =(

By chance, does anyone have any idea of "Judicial Acknowledgement"  (not judicial recognition which is for the foreign spouses) .  A lawyer friend said that it can be done here in the Philippines, with an annotation in the marriage certificate. 

1. MARRIAGE RECORDS (if applicable): For Philippine marriages, the copy of the marriage certificate must be printed on National Statistics Office (NSO) security paper. If the marriage ended by divorce, annulment, disappearance or death of the spouse, legal and/or civil documentation must be presented attesting to the termination of the marriage (annulment decree, death certificate issued by NSO and printed on security paper, a foreign divorce decree, or foreign death certificate).

4 minutes ago, Hank_ said:

 

 

1.   3 year rule only applies when married to a USC, for all others it is 5 years.

 

2.   He is already divorced, EX wife filed for the divorce .. fiance should have a copy of the divorce decree.

 

3.  Fiance can file the I-130 for the F2 spouse visa, then if the I-130 is still in process when he becomes a USC he can inform USCIS of his change of status and the I-130 petition can now be changed to an IR/CR-1 visa ... NO more waiting.

Sir Hank:

Ex-wife was not a US Citizen at the time the divorce was filed.  

If this is the case, can BF still petition me for I-130 if ever we get married in the US? (Him as legal resident and me having US Tourist visa)

If yes, will the US embassy still require that HIS marriage here in the Philippines be annulled, with annotation?

Thank you Sir.  (Apologies if double post)

Hello Sir Hank.

Ex-wife was not a US Citizen at the time the divorce was filed.  

If this is the case, can BF still petition me for I-130 if ever we get married in the US? (Him as legal resident and me having US Tourist visa)

If yes, will the US embassy still require that HIS marriage here in the Philippines be annulled, with annotation?

Thank you Sir Hank.

Good day to all!

This forum has been really helpful to me.   Here is my situation and I hope some have the same situation as mine.

I am single, never married.

My Pinoy BF was married here in the Philippines to a Pinay wife.  

Last 2008, the Pinay wife, through work visa, went to the US, BF followed (visa as dependent of the wife)

2013 - due to personal marital reasons, BF went home to Philippines, leaving the wife in US.

2014 - BF went back to US, in the process of staying in the US, he got his Green Card.

2015 - BF went home again due to personal marital reasons

2016 - wife filed for divorce in the US

2017 - BF went back to US as green card holder, and is working there up to present.

Technically, BF still has around 3 years until which he can file for citizenship (he stayed more than 6 months here in the Philippines, with re-entry permit, thus counting of his years towards citizenship went back to zero)

BF filed for annulment here in the Philippines last August 2016. 

However, even now, 2018, there is still no movement in the annulment process.

BF has the copy of the divorce decree.

1.  Since BF is still not a US Citizen, he cannot file for a fiance visa for me.

     We also cannot get married here in the Philippines since he is still married here.

2.  Option is to go to US and get married there. (I have a tourist visa)  then I come back here, then he will file a petition for me i-130.

     This seems ok however:  1.  The filing process is 2 years we are not getting any younger  (we are in our 40s and God willing,  we hope to start our own family)

                                                  2.  US embassy requires Cenomar or annulment with finality for his marriage here in the Philippines.  (I checked the website and I am not quite sure if this document pertains to me or him or to both of us)

I read a post by sir RJ29 with somewhat the same scenario but he does not have any updates.

Need all the help.  BF still has 3 years for him to become a citizen while I wait for him here not knowing what to do.

God bless to all!

*Thank you Sir Cyberfx for the help

Thank you Cyberfx.

1. Why hasn't your BF filed for citizenship yet, and what visa does your bf have na?   - He still needs technically 3 years until he can file for citizenship.  

2. Why hasn't your bf filed for divorce yet here in the USA? He can do that because he is here legally. - His ex-wife filed for divorce in the US, BF already has a copy of the divorce decree.

3. If you get married to him here in the USA he can file for you but the process would take 2 years because he is a PR not a citizen.  - Yes, that is what I am concerned about since it takes much time and we are not getting any younger.  

Good day to all!

This forum has been really helpful po to me.   Here is my situation po and I hope meron same situation as me.

I am single po, never married.

My Pinoy BF was married here in the Philippines to a Pinay wife.  

Last 2008, the Pinay wife, through work visa, went to the US, BF followed (visa as dependent of the wife)

2013 - due to personal marital reasons, BF went home to Philippines, leaving the wife in US.

2014 - BF went back to US, in the process of staying in the US, he got his Green Card.

2015 - BF went home again due to personal marital reasons

2016 - wife filed for divorce in the US

2017 - BF went back to US as green card holder, and is working there up to present.

BF filed for annulment here in the Philippines last August 2016. 

However, even now, 2018, no movement pa rin po =( 

BF has the copy of the divorce decree.

1.  Since hindi pa po US citizen ang BF ko, he cannot file for a fiance visa for me.

     We also cannot get married here in the Philippines since he is still married, and wala pang annotation ang marriage certificate niya as annulled.

2.  Option is to go to US and get married there. (I have a tourist visa)  then I come back here, then he will file a petition for me i-130.

     This seems ok however:  1.  Ang tagal pa po ng filing process, 2 years pa po and we are not getting any younger po =( (nasa 40's na po and God willing we hope to start our own family)

                                                  2.  US embassy requires Cenomar or annulment with finality for his marriage here in the Philippines.  (tama po ba ito? I checked sa website po nila)

I read a post po by sir RJ29 somewhat same scenario po but wala na po siyang updates.

Need all the help po.  BF still has 4 years para ma citizen.  While nandito lang ako naghihintay =(

God bless to all!