srajeevan

2 minutes ago, Crazy Cat said:

How is she eligible for citizenship?  Has she been a legal resident for 5 years? 

Yes, she is got her GC back on 2012 October and she was travelling on and off before.
From 2017 December onwards, she is here in US with less than 6 month gap.
 

My wife's GC will expire in 2 months.

She is eligible for applying Citizenship per the eligibility questionnaire in the USCIS website.
Also she will be changing the job and moving to a different state on the month GC expires.

1. Should i apply for GC renewal or apply for Citizenship?
2. If i apply for Citizenship , can she use the acknowledgement document(I979C notice for DL renewal and for employment )?

Any advice ?

Hi All,

Thank you all the response.

I understand that it is not the right thing to do and I agree to to your responses.
 

Hi All,

This may be silly question,but I would like to hear some suggestions.

So I have applied for travel extension for my sister(on November) who is an LPR.She was here in USA and had to travel back last month.We applied for travel extension(I-131) as due to this current covid situation it is not sure if she can come back with in 6 Months or in an year period.Unfortunately coz of the delay due to COVID , even though we applied on November we got to know this week that USCIS started processing her application.USCIS charged my credit card.But my sister had to return and she is no longer is available for biometric as part of the application.So her I-131 will get  denied.

I know it is not right ,but is it okay if I go to my credit card company and dispute the application fee that was charged.?

2 minutes ago, SusieQQQ said:

If you read the question properly then the answer is no. It is specifically asking if you haven’t filed because you considered yourself a non-resident, rather than for any other reason.

Okay Thanks. Needed a second opinion.

Hi Everyone,

I have  a question regarding the re-entry permit for my sister.

She is in USA now and she is is planning to travel outside of USA as she has to finish her bachelors(which she enrolled before she became LPR).

She might need  to stay outside of USA for a year and half. So we are planning to file Form - 131 for the re-entry permit.

I have a question on the Part 5 - Question 2.Please see the attached screenshot.

My sister has never filed for Federal income tax returns because she is a student(not considering herself as nonresident) and not earning any money.

So should i check Yes or No.

18 minutes ago, Fe.Ta said:

A friend or family member cannot be the interpreter.  It must be someone that has no personal relationship with either of you.  Do you have anyone from work that has a separate contact that would be willing to help?  People that are twice or three-times removed might be better.

Let's just assume that i found an unbiased interpreter ,is interpreter allowed for petitioner?

Hi Guys, after the wait from July 2019 i received the AOS interview letter yesterday.

Interview is scheduled for April 20th,2020.

My spouse is the petitioner and i am the beneficiary.

My spouse is not that fluent in English so i was thinking i would bring a friend of mine as interpreter for her.

But the interview letter is addressed to me and it says if you (as in beneficiary) is not fluent in English,bring an interpretor.

Is that the case or interpreter is allowed for petitioner as well.?

Please provide your comments.

2 minutes ago, SusieQQQ said:

Devils advocate: It will only count as a circumstance beyond control for these purposes if it prevents your sister flying for the requisite amount of time needed to lose residency. So far it is neither, as direct flights are available, and the few weeks (so far) that flight restrictions elsewhere are in place falls well short of keeping her out for the better part of a year. Furthermore, your sister’s history of gaming the system by annual touchdowns will be taken into account in the assessment.
Generally, delaying something for many months for your own reasons and then having an unforeseen event right at the end of it preventing a return is not the same as say being ill and unable to travel for most of a year, etc. if I were you /your sister, I would swallow the short term air fare, and come back and apply for a re-entry permit before returning to India.

I understand and totally agree to your comments.

Even if she can travel via direct flight now or may be this week or next week,it is kind of dangerous in terms if contracting the virus.That is the main reason we decided not to fly.On top of that India also imposed strict travel restriction like mandatory quarantine for all incoming travelers and things like that from yesterday.

With regards to her annual touch down i would say that it is not purposeful and  the fact is she is doing her bachelors in India and they don't get lots of breaks in between(like semester breaks here in US) to come and stay in US for some time.Last time when she came she mentioned that she is doing here studies ,they were okay with that.I understand that even though it is the truth ,when we look from their perspective it may not look good.Other option is to discontinue her education in India and do bachelors in US ,but then she will loose her 1 or two years of studies.To be honest she is not gaming the system,its just that she is doing her education and trying to balance both.

11 minutes ago, SusieQQQ said:

They're hard to get, fair warning.

Thanks for the warning.I understand.

I looked at USCIS website regarding the SB1 returning resident and it states that an LPR  can opt for this option for circumstances beyond his/her control.

Quote

"A provision exists under U.S. visa law for the issuance of a returning resident special immigrant visa to an LPR who remained outside the United States due to circumstances beyond his/her control."

https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html

I believe this corona virus situation is such a circumstances.Also i understand that i have to prove ties to unites states.

Thanks all.Weighing in the different options i think that if the corona virus situation is still the same, applying for a SB1 returning resident is the best option.

2 minutes ago, H&T said:

GC is for living in US. Looks like your sister is playing a game with her domicile.

Its just that she was doing her education and before she turned 21 she has to come and collect GC.

She cannot drop her eduction in between and move to US.It is something people do when they are in between something,

An LPR can stay out of US for maximum 365 days and she can use that option and she will be done with her education in two years and will move to US.

Not sure where to ask this question.

My sister is a GC holder(family sponsored) and she is still studying in India.Every year she visit USA for few weeks so that she can maintain the GC status.

This year she is supposed to visit USA before end of April,but because of the whole coronavirus situation it seems like she can't make it this time before end of April.

Most of the flights from India comes through Middle east or through European countries and to my knowledge most of these countries have imposed travel restrictions.

So what are my options.?

USCIS must be aware of the situation.

What if she plans to visit on August(hope that coronavirus situation will be under control and travel restrictions are removed) and brings a cover letter explaining the situation.?

Should we get in touch with an immigration lawyer ?

Any suggestions will be highly appreciated.

Hi All,

I have a question about I-864 and I-864A?

So my petitioner is my spouse and she is unemployed and i am on H1B work visa and when she files i-864 she is combining my income as household income.

We file taxes together and i have those tax returns also i plan to keep a cover letter explaining that petitioner is unemployed and don't have income and don't have a separate tax returns.

So do i ( spouse of petitioner ) have to file i-864A.?

As per my understanding from I-864A instructions as shown above, i come under the second part.

I am the intending immigrant and i am a house hold member and sponsor is including only my income in the sponsor's i-864 and i don't have any accompanying dependents.

I believe i (spouse) don't have to file separate I-864A.?Am i correct?

Hi All,

I am adding a join sponsor for AOS.

My joint sponsor is working part time now and gets paid hourly,but earns more than 125% of FPL.

So how do i fill the question in part 6.Sponsors Employment and Income ,question 7.  My current annual income.?

How can i calculate annual income? or should i just calculate based on the last few months pay stubs.?

2 minutes ago, H&T said:

Ok, the I-864 is all about petitioner. However, since the beneficiary is on H1-B, so the income is combined. Don't forget I-864A for your spouse. Unless you as the petitioner has a valid reason why you don't have income( attend school full time..), there will be some concern about this, and possible they will ask about it at the interview.

okay.

I have valid reason why the petitioner is unemployed and not working.

But i don't think the spouse(intending immigrant) has to file i-864A.

I was looking at the instructions for I-864A instructions and it says the below info: 

In my case, the sponsor(petitioner) is only including the intending immigrants(spouse) income in the I-864 ,so no need for separate I-864A for spouse.

Am i correct ??

Just now, H&T said:

What is the status of intending immigrant?

Also, do you AOS in the US or consular processing?

Please update your timeline.

sorry i missed those info.

Intending immigrant is on H1-B work visa and is legally in USA.So AOS was filed.

Hi,

Please see the attached image from Page 5 of I-864.

Here petitioner is unemployed and so income is zero, but the intending immigrant did join tax filing for the last three years including the petitioner.

The Part6. question 20 shows the Annual Household Income as $70,000.00 ,which is the beneficiary's income.

My question here is ;

Whose information has to be filled the 23.a,23.b ,24.a,24.b,24.c and 25.? Petitioner or Beneficiary or the Household in general.

Because Part 6. is Sponsor's Employment and Income info, and 23.a asks have you filed federal income tax returns.

In fact the sponsor's is filed jointly.so it should be yes or no.??

Also when filling 24.a,b,c shows household income? or just zero since petitioner is unemployed.

Also what about 25 ?because it is confusing as petitioner is included in the intending immigrants tax returns.

Any help is appreciated.

Thanks

23 hours ago, Moe428 said:

Interesting.  In my situation, it was the same and they accepted my income in I-864.  

Hi, did you sent a letter explaining why your petitioner didn't file taxes?

Just now, Cornflake said:

Why 2 years of tax return? I believe there are only two options: either last tax year tax return or last three years. It's even in the form.

I don't think that's the reason, just saying.

I had only two years tax return.Probably my lawyer sent only last year's.

4 minutes ago, Moe428 said:

Did you include an employment letter for your current employer?  I used it and it worked for me.

Yes, i had employment letter with my salary info.

I had last 6 months paystub and 2 years of tax return.

Like @arken mentioned,i didn't have any docs to prove that my employment will continue or source of income will continue after the process 

Just now, arken said:

Uscis is saying that is the requirement and you didn’t provide that. You are still asking me if you should provide that.

i understand what are you saying and i totally agree and i should provide such an evidence

But i was wondering , whether an employer will promise or give a letter saying that ,someone will be kept on a job in future.

Thanks

1 minute ago, Cornflake said:

Did she file taxes in 2018 and earlier? If not, did she write a letter stated why she didn't file taxes.

we filed together for 2018 and 2017.She never worked and never filed taxes by herself.

9 minutes ago, arken said:

Like i said, if anything is missing, the i864 is not valid, if it’s not valid they can’t use the income, if they can’t use the income, it will be denied saying you don’t meet the requirement.

 

You didn’t include the main important document.

From i864 instructions:

If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part
5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after obtaining lawful permanent resident status.

Okay agree.

I think i don't that part where i assure that my income will continue from the current source.

Pay stubs for 6 months and employment letter was supposed to be enough per my lawyer.

Should i get a letter from employer saying that i will be employed in the future as well.

Just now, arken said:

That’s a generic statement when any one or more item is missing. It should say more thing than that.
 

What are the documents you provided? Did you provide a letter from your employer mentioning your employment will continue after you get your green card?

I have provided my tax returns for the last 2 years ,my pay stubs for last 6 months and Employment verification letter with my salary info.

I don't have that part where it says "my employment will continue after i get my green card"

But the RFE says that ,the petitioner doesn't have documents proving that financial requirement is met.

RFE asks for tax returns and other income details from petitioner.That is why i reached the  conclusion that my(beneficiary) income cannot be used.

Not sure if that is correct.