trailmix

I am doing it through electronic Process and when my wife called the NVC. She was told that they cant see what documents were recieved they can only see what information they need or was missing. We send the AOS package electronically and got auto response. AOS package included I864-form for my wife I864 form for my joint sponsor and all his tax info as well as job letter and passport copy. I dont know why would they want job letter from my wife when it clearly states on the I864 form that she is unemployed. I was thinking to send they whole package electronically again so they have everything... its better to send twice than not send all the info right... hope this helps

Did you send any tax return information for your wife? She is unemployed - was she unemployed last year (2009), if so, disregard this question.

I would double check you have included everything they need, then you should resend, yes.

My wife sent in the AOS package with co sponsor info everything was in the email. we recieved an email from NVC that they need my wife's i864 FORM again and need proof of income but we already sent in that info and my wife is unemployed so on I864 form it says unemployed. I am sooooo confused

need help !!!! called NVC and she said that she cant see the stuff i sent them and the supervisor will look into this which can take another few weeks should i send the whole package again????

Not enough information to answer your question really.

Did they say they have not received the I-864? If so, when did you send it, did you track it?

If you did send it, what documents did you enclose with it?

Yes i got it already thanks...Bobby+Umit, i have posted a question but i havent got an answer yet, maybe you could give me some idea and help. On 1-864 of my USC husband Item# 23 My current annual individual income. The SSS sent him a letter stating what is his current income but the amount is for monthly and not annually....So what he did was he attached a simple computation at the back of SSS current income showing the amount of SSS multiply by 12 months. Is that fine or just don't attach anything because the consul will handle that and know what to do?

Enter the annual income, attach the slip, put a small note on it that the letter enclosed states the Monthly income. It's always best not to expect the consul to notice anything

OBX - you said "Photocopies are sufficient for USCIS but NVC does require originals or certified copies." As I stated, please send copies (certified copy is still a copy) instead of originals always.

Well in everyday language, when someone has a 'copy' of something, they mean a photocopy - since you can't use a photocopy for NVC, it does need clarification.

That's weird... I know alot of Canadians (with GC)that travel btw Canada and the US.. I've never heard them being asked for a green card to ENTER Canada (always the opposite). Just one of those weird things that happen at airports

She was on her way back to the U.S., not entering Canada.

You earned $8600 U.S. in 2009. Whether you should have filed or not has zero to do with the fact that it was foreign income (as your accountant claimed).

What it has to do with is income cut-off amounts for the year, which will either require you to file or not, regardless of where your income comes from.

That said, the cutoff amount for 2009, for married filing separately is $3,650.00, so that should be fine. The other criteria is that you must have been living with your spouse at the end of 2009, which you were.

You should include, if you have not already done so, a copy of page 9 of the 2009 1040 instructions.

What does the sponsor do when he/she was not required by law to file an income tax return during a given year?

If you did not have to file a tax return, attach a written explanation and a copy of the instructions from the IRS publication that shows you were not obligated to file. For general information on income tax obligations, visit the IRS website

From Instructions for Immigrant Visa Applicants - Civil Documents:

Note: Present and former residents of the United States should NOT obtain any police certificates covering their residence in the U.S.

^^^^ I think you got your answer in your last statement. You said it was not a one way ticket, it was the return ticket back to the US. That is the same as a one way from anywhere to the US. You need to show proof of leaving the US. That proof will be either a ticket continuing on or proof of residence (green card). They will need to see either before issuing a boarding pass.

In simple terms, unless you are a resident you cannot stay indeffinatly in the US. You must show proof you are going to leave (a ticket out of the US) or proof of residence (a green card).

Yes, good point wayno, in effect you did have a one way ticket.

I'm not a Canadian, and I've never crossed the border by land entering the US with a Canadian in the car, so I can't speak from personal experience. I've crossed by land returning to the US and had my luggage searched, though. I've also had my luggage searched entering Canada by air - one time right in front me standing by the baggage carousel at Vancouver airport. I was waiting for the rest of my party to finish clearing customs, and I was standing next to the carousel with my bags when two Canadian immigration officers walked up, asked to see my passport, and asked for permission to search my bags.

Anyway, my point was that a terse answer, even if technically accurate, could be construed as misrepresentation. If they ask why you're visiting the US, they aren't just asking what you're going to be doing in the next few hours.

This is true Jim.

Nick, I think it's great that you have never been hassled at either border crossing - really.

But - it does happen all the time and the "what is the purpose of your visit", "where will you be staying", "how long will you be staying" etc etc are pretty common questions.

No, don't fill in their previous address - write in "deceased".

For your present address, write in your present address in Singapore.

I don't understand your question about your Burma address conflicting with questions 20 and 22.

20 is your Father's name, 22 is his address, I don't see the connection?

Hi,

Yes, your spouse is still your sponsor, even if their income/assets are not sufficient - so I-864 with all required documents is required from her as well.

I'm not sure about the tax return question - I mean the guidelines say that if the sponsor has filed for an extension for the tax year they need to include proof of this - so they will have to do that. As long as you provide all the proof of current income, hopefully that won't be a problem.

It might suffice or not, if not it might be easier, if your Province offers it, to get a certificate of Divorce - more information can be found on this page regarding what they will accept:

Canada Reciprocity Schedule - Travel.State.Gov

Divorce and Child Custody Records

Canadian divorce records are maintained by provincial and territorial courts. Primary evidence of divorce is the original or court-certified copy of the final divorce decree from the court where the divorce took place. Some provinces also issue a "Certificate of Divorce" similar to a large or full-size marriage certificate (a computer-printed extract of information on currency style stock paper, 21.6 x 17.8cm or 7 x 8.25 in., with an intaglio border). The Certificate of Divorce is also acceptable evidence of divorce, though it has no information about child custody.

Hi,

No, as mentioned above, just the DS-230 part one should be sent back with your checklist. So you can send that back now, with all items marked off, plus part 1 of the form.

Basically they are just asking you to make sure you have all that stuff on interview day. Take a photocopy of everything with you, so you can get the originals back.

Thank you for all your help, i know what you mean when you say at least we know now, and i did not get delayed at the interview because of this.Still, this is not a way they can treat people. The lady on the phone also told me either to get a 15k bank letter or a joint sponsor.My hubby's brother can help us with no problem, i am just wondering if i have this option now after my case is at the Embassy here ?

Yes, you should still have that option at the interview, to present a joint sponsor.

It is entirely possible that the CO made a mistake. While they DO look over your whole financial picture, as you said, she was in a hurry and may not have even seen the latest employment information - or, she doesn't understand the guidelines (it happens).

Hopefully your Husband will get a positive response to his email.

ok the jobs does not count . what about for their assets and the cash they have my question is that how can they show that into the I864 form . do they fillout that form or no .

You really need to read the instructions for the I-864, it would help.

Right, the jobs cannot count. Not just because they wont have them in the U.S. - also because they have to be living with you, they are not.

As for assets (cash is an asset), yes they can use their own assets. If they are using other things they have to prove they own them. So if it was an investment, they would need proof of the value of the investment, whether it's bonds or a house. They may or may not be able to use a house that is not located in the U.S., the consular officer will make that decision.

You would include the value of these assets on your I-864 - item 28: 28. Assets of the principal sponsored immigrant.

From page 8 of the I-864:

If your total household income does not meet the requirement, you may submit evidence of the value of your assets, the sponsored immigrant's assets, and/or assets of a household member that can be used, if necessary, for the support of the intending immigrant(s). The value of assets of all of these persons may be combined in order to meet the necessary requirement.

From page 9 of the I-864

Only assets that can be converted into cash within one yearand without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner's claim of its net cash value.

I have no first hand knowledge about this. However, there have been many discussions on this site about "intent" with regards to an AOS based on marriage to a USC. There are quite a few people who insist that intent to remain DOES NOT come into play in these cases unless there are other negative factors, such as a criminal background, etc.

Where your timeline might be significant is in proving that the marriage is valid. Make sure you include as much evidence of a bona fide marriage as you can.

While intent to remain may not be something that is brought up at the interview - or never brought up (I do not know) - that's not the point. The point is telling someone to adjust status IF they did have intent (and therefore broke the law) - is wrong.

CanadianMarie - that's not directed at you btw.

Thanks everyone for the help so far! So do I apply for the I-130 and the AOS at the same time?

Hi and welcome,

Yes, have a look at the guide (tab at the top of the page).

Thanks a lot. Saved me a headache I suppose haha.

The other question I have is for the Details on employment. Do I have to state the Full address as well because there is not enough room, I shortened it.

I believe so... As far as the I-485 goes. I haven't seen that in the CR-1 Guide but i'd just suppose that it was required.

The only other thing i dread is the Affidavit of Support... I was gone for 2 years so that's 2 years i wasn't making an income. My current job supports her and her child. I have been supporting them now while she waits.

Hi,

No, the I-485 is not used in a CR1 application, the other poster must have confused you with someone applying for an adjustment of status.

As long as your current income supports your household of 3 at the current poverty guidelines at 125%, there should be no problem with the I-864.

Question? How is their income from their current jobs going to continue, in other words how are they going to continue working at their jobs and receive an income from there after they arrive in the US?

Yes, before we can help you, you need to answer this question belinda has asked.

Also, do they have lots of money (assets) as well?

I answered you yesterday, when you asked this identical question here:

http://www.visajourney.com/forums/topic/262064-extremely-confused-newlywed/page__p__4021100__fromsearch__1#entry4021100

Then when you posted the question again here, I mentioned that there was no need to post the question twice, VJ is not that big:

http://www.visajourney.com/forums/topic/262065-extremely-confused-newlywed/page__p__4021101__fromsearch__1#entry4021101

Now you have posted the identical text for the 3rd time?

As someone mentioned, the answers are not going to change.

Hang in there, you are taking the steps needed to be successful.

One other thing I thought I would mention - from the Canada viewpoint, if possible it might be of benefit for your fiancee to consult with an immigration attorney in Canada, they would probably be able to explain to her exactly what you need to do.

I agree that you should be able to just adjust status - as long as you had no immigrant intent when you entered the country (ie: you did not misrepresent yourself when you entered).

You might want to read the guide for that here.

I'm not sure what the current wait time is for adjustment of status, i'm sure someone else will chime in with that. When you apply for an adjustment of status you will also apply for an EAD (employment authorization document) and AP (advance parole). Until you receive your advance parole or your greencard, whichever arrives first - you cannot leave the U.S.

Congratulations on your engagement

You might want to hold off doing anything right away. If she changes her mind you might have to start all over again if you surrender her visa. Nothing wrong with holding on to it for a month or two.

I wil have the letter ready by tomorrow and just print the cover sheet again and put the case number in case i get a RFE right? I will do it i need to speed this up.

I disagree. It is never a good idea to send information that you have not been asked for.

You didn't say that you received an RFE - have you, are they sending you one?

If not, why would you send additional information that they have not asked you for. It won't make anything faster, however it might mix them up and slow them down.

You have an uphill battle, but not an impossible one. Once you file for a K1, until it gets approved, CPB will have even stronger evidence that she has intent to immigrate. Please tell her NOT to attempt crossing, until she has the visa in hand. She can be arrested and detained with a lifetime bar, so please make sure she has everything in order.

Bob,

I don't know if your Canadian information is correct at all, I don't know enough about it to judge, i'm sure the OP will find out more as his application progresses.

What I don't understand is why you are suggesting his wife should not visit him.

You say that once they file for the K1 "CPB will have even stronger evidence that she has intent to immigrate" - well I would certainly hope so, if she gives them that information (and she should if they do stop her to question her - along with her evidence of ties to Canada).

Why on earth would you suggest that she might be arrested and detained with a lifetime bar for attempting to visit??

As long as she is 100% honest with them at all times, there would be absolutely NO reason for a bar and in fact the NOA1 will probably help her as it proves that she is applying to immigrate and doing it the right way.

For heaven's sake, the guy is having a tough enough time as it is, why you would make up stuff for him to worry about - I just don't understand.