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accumbyte

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  1. Like
    accumbyte reacted to JFH in K-1 Visa, Health Insurance - YIKES! Help!   
    $400 a month is normal. That’s what it costs through my employer to add a spouse. My employer covers my premiums in full, but I pay $400 a month for my husband as he isn’t working at the moment. When he was working it cost $200 a month through his employer but that was subsidized. 
     
    Travel insurance won't work. That is for temporary visitors who are returning home after their stay. If he were to fall ill and try to use the benefits of a travel insurance plan he would be denied as soon as they realize he actually lives here. Many travel insurance plans work on the assumption that getting home is the most important thing to you and for illnesses that could cost thousands in medical costs here often the travel insurance company will insist you fly home to your home country and continue treatment there as soon as you are able to fly home and won’t continue to pay for treatment here. 
     
    It is what it is. This is one of the things people have to think long and hard about before deciding which visa route to pursue. And it’s one of the reasons why we chose the CR-1 so I could work immediately and have healthcare provided to me by the company. 
     
    Most states don’t permit non-citizens to accesses Medicaid-type plans. 
  2. Like
    accumbyte reacted to geowrian in Question about joint sponsor for fiance visa   
    Getting a fully executed I-864 enforced is hard enough. 😆
     
    Moody v. Sorokina 40 A.D.2d 14, 19 (N.Y.S. 2007) :
    "Before the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) (Pub L 104-208, 110 US Stat 3009-546), which amended Immigration and Nationality Act (INA) § 213A, the affidavit of support was Form I-134. That affidavit was held not to constitute a legally enforceable contract against a sponsor by a sponsored immigrant (see Cheshire, 2006 WL 1208010, *2, 2006 US Dist LEXIS 26602, *6; Tornheim v Kohn, 2002 WL 482534, *3-5, 2002 US Dist LEXIS 27914, *7-15 [ED NY]). The IIRIRA, however, "instituted a legally enforceable affidavit of support for most family[-]based immigrant visa applications" (Notkin, 30th Annual Immigration and Naturalization Institute, The New Affidavit of Support, Practising Law Institute, Oct. 1997, 1021 PLI/Corp 309, 311). The new affidavit of support is Form I-864 (see Sheridan, The New Affidavit of Support and Other 1996 Amendments to Immigration and Welfare Provisions Designed to Prevent Aliens from Becoming Public Charges, 31 Creighton L Rev 741, 752). Pursuant to 8 USC § 1183a (a) (1), "
     
    And Vavilova v. Rimoczi, 2012
    "In her Complaint, Plaintiff seeks to enforce an affidavit of support (Form I-134) that Defendant signed. Doc. No. 1. A Form I-134 affidavit of support "is not a legally enforceable contract against a sponsor by a sponsored immigrant." Cheshire v. Cheshire, No. 3:05-cv-00453-TJC-MCR, 2006 WL 1208010 at *2 (M.D. Fla. May 4, 2006). This conclusion is shared by district courts throughout the country. See Tornheim v. Kohn, No. 00 CV 5084(SJ), 2002 WL 482534 at *4 (E.D.N.Y. Mar. 26, 2002) (finding that a Form I-134 affidavit of support is not a legally binding contract); Zirintusa v. Whitaker, No. 05-1738 (EGS), 2007 WL 30603 at *5 (D.D.C. Jan. 3, 2007) (agreeing that a Form I-134 affidavit of support is not a binding contract); and Rojas-Martinez v. Acevedo-Rivera, No. 09-2048 (PG), 2010 WL 2404437 at *2 (D.P.R. June 8, 2010) (citing cases finding that a Form I-134 affidavit is not a legally enforceable contract).
     
    Cheshire, Tornehim, Zirintusa and Rojas-Martinez unequivocally indicate that Plaintiff cannot prevail on the claim she asserts in her Complaint. Plaintiff's theory of legal recovery is "indisputably meritless" and Section 1915 authorizes the dismissal of "claims of infringement of a legal interest which clearly does not exist." See Neitzke, 490 U.S. at 327, 329. Accordingly, it is RECOMMENDED that the Motion be DENIED and Plaintiff's Complaint be DISMISSED with Prejudice."
     
    The above case was actually found to have been frivolous as well, and was dismissed with prejudice.
  3. Like
    accumbyte reacted to NikLR in Irish & living in Canada: Where to apply for K1 interview   
    He won't be able to interview in Canada as a tourist.  So if his working visa is up before interview he will have to return to Ireland. 
  4. Like
    accumbyte reacted to NikLR in Can 2017 taxes be used now?   
    Until April 15 2019 yes. 
  5. Like
    accumbyte reacted to geowrian in Filing a student visa for my daughter who is 21 years old while processing my I-130   
    Maybe. There's also a posting limit for brand new members. Hopefully she does come back to clear up some of the questions so she can get the best info possible.
     
    Very possible. Many people don't consider international student costs....not the in-state or resident rates, or grants, scholarships, and student loans that are usually only available for domestic students.
  6. Like
    accumbyte got a reaction from Sandford010 in Lying on K1 application   
    And then denaturalized and deported: https://www.nytimes.com/2018/08/21/world/europe/nazi-guard-deported.html Rightfully so.
  7. Like
    accumbyte got a reaction from assila in Bringing my daughter   
    She can to start the F2A process but if her husband does it instead then it starts the faster IR-2 process: https://www.visajourney.com/content/child "A stepchild if the marriage creating the steprelationship took place before the child reached the age of 18"
  8. Like
    accumbyte reacted to geowrian in Question about joint sponsor for fiance visa   
    The I-134 is not enforceable. So none/never.
    The I-864 is enforceable, which lasts until they become a USC, lose LPR status, earn 40 quarters of SS work credits, or die.
  9. Like
    accumbyte reacted to pushbrk in i-130 edition date leeway?   
    Actually, the answer depends on whether the website indicates older versions will be accepted.  Usually it says the opposite.  Just email the forms (I-130a as well) to your husband with scans of any other documents needed.  Have him be prepared to act quickly.  If it is not quickly enough, re-do the forms, rinse and repeat.
  10. Like
    accumbyte reacted to geowrian in Interview Cancelled by USCIS   
    Agreed. USCIS interviews would not be impacted by the shutdown, just as was the case for the previous shutdown and all the ones before it.
  11. Like
    accumbyte reacted to geowrian in IR5 availability and FB2B Background check   
    Just to clarify....the I-864(s) are provided at the NVC stage (hence the  $120 fee fro review). It is advised to bring a copy or updated I-864 to the interview just in case.
  12. Like
    accumbyte got a reaction from geowrian in IR5 availability and FB2B Background check   
    I assume you already are a US Citizen. To start you file the I-130 petition and the fee is $535. Since this step takes about 8-11 months the rest of the fee amounts can change, in theory. At NVC step there are two fees:
    affidavit of support fee of $120 DS-260 visa application fee of $325 The medical exam fee varies by country. The USCIS Immigrant Fee is $220 and is paid after the visa is issued. It can also be paid after US entry if you wish but USCIS will not mail out the green card until both (either order):
    your mother enters the US with the IR-5 visa, AND the $220 USCIS Immigrant Fee is paid Also, at the embassy stage Affidavit(s) of Support are submitted and HHS income guidelines are the minimum: https://www.uscis.gov/i-864p
  13. Like
    accumbyte got a reaction from geowrian in Interview Cancelled by USCIS   
    Since USCIS is funded by filing fees USCIS is not affected by shutdowns.
  14. Like
    accumbyte reacted to CharlieJK in Taking Dual Citizenship whilst ROC is pending   
    I was eligible through descent (my grandmother was Irish). I’ve been eligible my whole life but for me to pass it on I needed to obtain it before my daughter was born, otherwise I wouldn’t have done it whilst my ROC was pending.
     
    Yeah, I’m really hoping I don’t have to have an interview but I’m not sure if there’s an obligation for me to tell them.
  15. Like
    accumbyte reacted to Wuozopo in "There are no personal exemption(s) for 2018" ?!   
    She is not eligible to get one at this time. She came on a fiancé visa and had to get a SSN within the first 76 days. The workers at her Soc Sec Office denied her (wrongly) so now it's too late. She has to wait until her work authorization or greencard get approved before she is eligible again. That will be after tax filing deadline.
  16. Like
    accumbyte got a reaction from SalishSea in US tourist visa revoked   
    If material to visa issuance then rightfully revoked.
  17. Like
    accumbyte reacted to JFH in After interview....   
    Do you have a NEXUS card? 
  18. Like
    accumbyte reacted to JFH in I-130 filer for Mother - January/February 2019   
    It's only been a week. The NOA1 will come soon. 
  19. Like
    accumbyte reacted to geowrian in Income requirement   
    https://www.uscis.gov/i-864p
     
    For the I-134 for a K-1 visa, the CO at the interview makes a decision based on the totality of the circumstances if the applicant is likely to become a public charge or not. COs for some countries use the 100% level as a minimum, some use the 125% level. Some countries don't even ask for an I-134. Some COs may want to see above the minimum income level.
     
    For the I-864 for AOS later (after entering on the K-1 and marrying), you must meet at least the 125% level, or use a joint sponsor. Again there is no guarantee of success for any income level, but there must be at least 125%.
     
    If you are an employee, then your pay stubs and/or employment letter are evidence of your current income (taxes would show past income only). If you are self-employed then the tax returns will show your current income.
    The 2018 tax returns are not required until at least tax day. Until then you can use 2017 still.,
    The I-134 is presented at the K-1 visa interview.
     
    FYI, your timeline is incorrect. TSC does not process I-129Fs. You sent the I-129F to the lockbox in Texas (not the Texas Service Center). They did initial acceptance and input into the system, then sent the case to CSC for processing. It was not transferred.
  20. Like
    accumbyte reacted to JuniorMints in One way ticket - airlines refusing   
    Actually, he went back to the airport today and did go to Lufthansa and they sold him the one way ticket, and the agent said they are very well aware of the K1 visa and not needing a 2 way ticket and there wouldn't be a problem boarding. 
     
    Another VJ member told me their fiance flew from Algiers on Lufthansa on a 1 way ticket with no problem.  It seems Lufthansa is better informed.....    
  21. Like
    accumbyte reacted to Hypnos in If petitioner passed away!!!!! (merged)   
    Seems strange that your in-laws couldn't or wouldn't order copies for you and then send them to you in the mail. But hopefully you will be able to get some of them soon. If you will take my advice, I would order several copies (~5) instead of just 1, as you will likely need them for various things when it comes to settling your husband's affairs.
  22. Like
    accumbyte reacted to Hypnos in If petitioner passed away!!!!! (merged)   
    Any pending I-130 for the spouse of a US citizen is automatically converted to a pending I-360 once USCIS is informed of the situation and provided with a certified copy of the death certificate of the US citizen spouse. That is 8 CFR 204.2(i)(1)(iv).
     
    Since the OP indicates that USCIS was notified, when the approval notice arrives it should state that the petition was approved as a widow I-360. If it does not, the OP should contact USCIS and/or the NVC to get this change through. It must happen before she can interview and receive an IW1 widow immigrant visa. The change will require providing them with a certified copy of the US citizen spouse's death certificate, and it's unclear as to whether the OP has one or has provided it to USCIS.
     
    Widow/ers are not required to submit an I-864 affidavit of support. Instead, they file a shorter and simpler I-864W indicating they are exempt from normal I-864 requirements because they are a widow/er.
     
     
  23. Like
    accumbyte reacted to Crazy Cat in One way ticket - airlines refusing   
    I think you are amplifying the risk of a person with a K-1 being denied entry.  I recall only one case where the person was sent back....Yes, only US citizens are guaranteed entry.....but more than 99% of people I recall who possess a valid K-1 have been allowed to enter.
  24. Like
    accumbyte reacted to DiamondEyes490 in Cuban K-1 interview in Havana vs. Guyana?   
    That's only true for tourist visas. Not K-1 or immigrant visas. Unless your fiancé has residency in one of those countries, you have to go to Guyana.
  25. Like
    accumbyte reacted to DiamondEyes490 in Cuban K-1 interview in Havana vs. Guyana?   
    I’m in a Facebook group with over 100 people going through this process and I went through it myself for CR-1 in Colombia. Many asked Barbados and Trinidad & Tobago, and unless your fiancé is a resident there, they will not grant that special permissions. The scams people are pulling in Guyana arent a valid reason.  Notice the text you just cited says “reside” in that country. That means permanent residency or a second citizenship. Maybe a student visa. If you are there on a tourist visa, you don’t reside there. I don’t want you to go wasting your money on flights, etc. Nobody likes the idea of going to Guyana, but you’re stuck.
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