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James D

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About James D

  • Rank
    Member
  • Member # 311449

Profile Information

  • City
    Houston
  • State
    Texas

Immigration Info

  • Immigration Status
    IR-1/CR-1 Visa
  • Place benefits filed at
    Chicago Lockbox
  • Local Office
    Chicago IL
  • Country
    Brazil
  • Our Story
    Green card abandoned when my wife's mother became disabled and bed-ridden after a short coma and we overstayed our absence abroad without authorization. Had no contact online with any immigration sites and were not aware of the new regulations and requirements. Made several attempts to return to the USA within one year but other problems developed and flight reservations had to be canceled. We are seeking a new resident visa. Married 30 years.

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  1. My wife is the beneficiary and she earned 40 quarters while we were married, and I am a USC petitioning for her. We received NOA2 and are filling out a DS-260 and debating using the I-864W or I-864, both of which we qualify for. If we go the I-864w route - what documents beside the SSA annual statement do we need? Thanks
  2. Adding a couple of helpful sites Good short article on preparing form I-864W https://www.nolo.com/legal-encyclopedia/preparing-form-i-864w-affidavit-support-based-exemption-40-quarters-worked.html Reasons for using either one of the I-864 forms https://www.lovevisalife.com/2018/04/which-i-864-form-should-you-use/ Tips from USCIS for the I-864W https://www.uscis.gov/forms/tips-filing-form-i-864w-request-exemption-intending-immigrants-affidavit-support
  3. Adding a helpful site https://www.nolo.com/legal-encyclopedia/preparing-form-i-864w-affidavit-support-based-exemption-40-quarters-worked.html
  4. I just started this thread because there is little information online regarding the affidavit of support waiver form I-864W. Most people seem to think it is only for widows and widowers, or children under the age of 18. I have been researching this avenue of documentation submission for a few days and here is what I have learned" " Either the immigrant, his or her U.S. citizen spouse, or a combination of the two will need to have earned 40 “quarters” or “credits” of work according to the Social Security Administration’s definition. " The alien spouse can acquire the 40 quarters herself through work or through the USC spouse's work. The 40 quarters coverage or of Social Security credits must be acquired while not receiving any social security benefits. The alien spouse's Social Security statement must show "You have earned enough credits to qualify for benefits". The 40 quarters can also be acquired if the couple has been married since the beginning of acquiring their 40 quarters. In this case the alien spouse shares the USC spouse's 40 quarters. If one only has ten quarters or credits, thirty can be drawn for the other spouse's credits. Anyone want to share their experience with the I-864W please chime in.
  5. Hi . In the same boat as you. I am petitioning a green card for my wife for the 2nd time. She worked in the USA for some time, has the required 40 quarters coverage for SSA - same benefits at retirement as I do. Also my 40 could cover for her if she had none since we have been married during the time I acquired the 40. Neither one of us received SS benefits during that time. So she qualifies for the I-864W. We also qualify financially on the I-864. I am concerned though since the I-864W is little known even by immigration lawyers and come consular agents. Some questions: Did you sign as "Preparer"? What address did you use overseas or domicile? Any stumbling blocks on the way? Any tax or income forms required to be sent to the NVC? What did you send? How did your interview go - assuming you had one already? Thanks in advance! James
  6. My lawyer is in the USA. My wife and I are in Brazil. My I-130 was approved Oct. 4 and we received the letter on Oct. 20. I informed my lawyer, which I cannot recommend at this point, by email that we had received the approval. She emailed me back with Ds-260 and I-864 questionnaires to fill out saying they only received the notification a few days earlier which is unlikely. The only paperwork we need to arrange at this point is my wife's passport in order to proceed. Good luck with your lawyer.
  7. I am investigating this for my wife. She worked for companies for nearly 3 years back in 88-90 and a short while in '94. Since then we have filed jointly and she has declared income and paid social security tax. We are looking for her second green card. As her sponsor and husband I have retired with benefits. She has not taken benefits. Can my 40 hours before benefits count or do we need her hours too, partially or entirely? We tried to open a "my social security" account for her, but the address is giving us trouble.
  8. What if he is looking for a job in the USA and hasn't found one? Would the latest tax return still suffice?
  9. Expanding my post... Hi All - Filling in our DS-260 for my spouse, it asks about previous travel information: "Where you issued an Alien Registration Number by the Department of Homeland Security?" Yes or No? My wife was issued an Alien Registration number before the creation of Homeland Security. We surrendered the green card when we overstayed our travel to care for a relative overseas . Same section another question, Have any of your U.S. visas been cancelled or revoked?" Yes or No? We voluntarily submitted a form to immigration cancelling the existing green card so we could ask for a new one. PETITIONER INFORMATION Husband's domicile or current overseas address? Much Thanks in advance.
  10. Hi All - Filling in our DS-260 for my spouse, it asks about previous travel information: "Where you issued an Alien Registration Number by the Department of Homeland Security?" My wife was issued an Alien Registration number before the creation of Homeland Security. We surrendered the green card when we overstayed our travel to care for a relative overseas . Should I answer Yes or No? Our attorney is too slow to answer our questions. Much Thanks in advance.
  11. Any luck yet? Let us know when you receive approval!
  12. I have a US telephone number (thanks for that tip) and a permanent address in the USA for banking, investing, insurance, drivers license, storage space, etc. but my current address is in Brazil and my address on the 2018 tax return is in Brazil. Planning to file my I-864 with my permanent address early in January, 2020 immediately after filing 2019 taxes. Debating whether or not to move to the permanent address to file the I-864 and when to make the move.
  13. It is not reasonable to pay for American health insurance before you have permission to move to there. Doesn't make sense at all. Now, once you have the visa, at the border it can be a requirement. The proclamation also says that you need the coverage for 364 days or until a planned long absence from the country. I know that one trip will not be enough to move and settle down - there will be others back to the immigrant's home country to close financial matters, sell a house or apartment, or some other business, but how can it be proven a return trip will be made before 364 days. Maye another planned and purchased round trip for later on? After all the months of waiting and fees paid, all can be for nought because of one bureaucrat's decision in the consulate, but that person is the only one who actually meets and interviews the beneficiary.
  14. Whitehouse.gov says the health insurance qualification does not apply to; (i) any alien holding a valid immigrant visa issued before the effective date of this proclamation; But Travel.state.gov website says : "Individuals who are holding (or who held) a valid immigrant visa as of November 3, 2019" So my wife held a valid resident visa until 2014. Dose she need to qualify with health insurance? I know someone else who also had a resident visa before and is waiting for the NVC process. So a solid answer can help.
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