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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. Can't help you there as I know nothing about Diversity Visas. I married my wife in the USA back before the Department of Home Security was created and paperwork was a breeze. She was approved and received her Greencard in Houston, TX. in July after our marriage in May. Though the paperwork and hassle is much greater now just have patience and things will work out. She had to give up her Greencard after spending too much time overseas helping take care of her mom. We were not aware of the new rules regarding immigration. We began working on a second Greencard in 2018. Get informed and stay well informed until she gets her citizenship. Good luck!
  2. She will have to go back to her home country for the interview. Plus she will need police clearance probably from the state she lived in, birth certificate, and other papers (you can check the USCIS website for her country). The paperwork she may be able to handle from the US through family back home, but the interview not so.
  3. Living overseas with my beneficiary spouse, and I am a US citizen. I decided to use an immigration lawyer in the USA as this is a second green card we are looking for. The lawyer is working out well with a few hiccups,,, They are asking for paper documents be sent to them for submission of the I-864. Are paper submissions necessary? I can only imagine they need a paper copy of the G-28 which has to do with their representation and is signed by both ourselves and them. Thanks in advance'
  4. Just ran into this question today. Been working on the DS-260 for nearly a week.... lawyers have checked it once already, but I reviewed their first review and found they placed United Arab Emirates (UAE) as a previous residence instead of USA. Crazy. So still double and triple-checking I found they had answered "Yes" to this question about the spouse immigrating. I didn't like that as I (USC) am not immigrating, so I corrected it to "No". Then the following question popped up about spouse immigrating later to join you (beneficiary)? I have to answer "No" to that one too. Honesty is the best policy.
  5. If you try to travel you may not be allowed on the plane. If you are allowed on the flight, Customs Border Patrol in the USA may not allow you into the country. At best you may be able to speak with an Immigration judge and good luck with that. Don't expect it to be smpooth sailing in any case.
  6. Her last statement from SSA was in 2007 and it shows "qualified for benefits" and how much her wages were from 1989 to 2006. She has not retired and is not currently or ever received any benefits. I, USC, have retired and am receiving benefits since 2017. If we manage to set up her SSA account online, will the benefits statement letter generated there be sufficient to support the I-864W? We will bring other financial docs to the interview, but I am unsure of what to send to the NVC. Thanks!
  7. 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
  8. 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
  9. Adding a helpful site https://www.nolo.com/legal-encyclopedia/preparing-form-i-864w-affidavit-support-based-exemption-40-quarters-worked.html
  10. 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.
  11. 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
  12. 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.
  13. 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.
  14. What if he is looking for a job in the USA and hasn't found one? Would the latest tax return still suffice?
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