Brad D. Warren

These folks have made multiple errors, in my opinion.  The wife has been coming to the state on tourist visa for years.  They were going to do a K-1 visa, but his attorney said that since she was already here, they should just get married now, then fill out the I-130, get it approved then just do the adjustment of status I-485.  But like you may have said above or someone else who chimed in, the I-485 should have been done concurrently.  So now they are in a spot where wife's tourist visa is expired, and the only doc they have in their possession is an I-130 and a marriage certificate.  Yeah, don't know if that would hold up in a court.  She really might just have to go back home until process is fixed.  But if she were to leave now I think it might be hard to come back, even if they are married. idk 

As far as ICE, heck, ICE comes to our city (which is not a very big one) here in Louisiana at least couple times per year and rounds up a bunch.  

It's funny as a CPA I kept telling these people for years, AT LEAST file your taxes every year you are here.  Now we have a judge, in the jurisdiction where they send most with deportation orders, who takes that into account before he renders his decisions.  And I don't think it's even about paying a whole lot in taxes, since with dependents and at least some child credits some don't even owe much in taxes. it's more of principle, if you want to live here, you are required to follow our laws just like everyone else.

Sorry, got off on a tangent.

Thanks for all the advise.

Thanks folks.  I will fill out new I-864's.  Hope I do this right. Ugh. I try to help but not an expert.

Each I-130 was approved and the I-797, Notice of Action, was sent for each person.  What was perplexing me is the separate I-864 for the kids, who are already listed on their mom's I-864.  I still think that's a strange one, but I have now completed a packet for each child, and included the civil docs required as well, all split out now in separate packets for each dependent child.   Hope this works. Like I said earlier in one of my posts, I'm just a CPA, helping a client who is also my friend.   I too used this visajourney to bring my own spouse to the US, on a K-1 visa.  Followed the steps on this site and it was pretty simple.  I think the whole process took less than a year and this website saved me thousands of dollars in legal fees.

Thank you , JFH.  I just read that in the instructions, and was looking at another immigration website that says we can simply make a photocopy of the one completed for his wife, and attach same supporting documents.  I am thinking good idea to add a cover page for each of the children's I-864 that includes their NVC # and Invoice ID#.  Where is unclear was if we had to fill out completely new I-864's, and each one list the child as the 'principal immigrant' in Part II.  The I-864 instructions really didn't address this, so I figured I'd throw a few posts out there to see if anyone knew for sure how to complete the other I-864s.

This is true, but as far as I know, this is the latest detail.  But I am disagreeing with his attorney, who he agrees with more, because of course he is an attorney.  To me, an expired visa is an expired, visa.  You can be married to a US Citizen, but until you actually have a permanent resident card, or other authorization to be in the country legally, I think (although maybe not likely) the law could actually deport her.  I hate to say that.  They are very nice people and also go to our church, but I don't think they used the right attorney.

I agree with you wholeheartedly J.  He just told me last week he spoke to his attorney and the attorney said he hoped to receive I-130 approval soon and then they can start the I-485, and along with the I-485 they can attach her two children to it, who are in Mexico right now and do not live here.  it all smells funny to me.

Hello, since the NVC is not accepting any calls and they have said they are just now answering public inquiries that were submitted as of June 11 (worthless), I figured I would reach out to the folks on Visa Journey again, who seem to more than the govt anyway.  My friend and tax client Darrell married a woman from the Dominican Republic.  His I-130 was approved, and I helped him fill out the DS-260 for his wife, and each of the two children who are immigrating with her.  I helped them pull together all of the civil docs need, ie police report, birth certificates, marriage certificate, etcf etc, and also helped them fill out the I-864.  Well, I say helped, I essentially completed all of the work myself.  But I appear to have made one mistake.  He got a letter now from NVC stating that each child needs to also submit an I-864 affivdavit of support.  

I am a bit unclear on this, as they are already listed on part III of the initial I-864, which shows my friend Darrell is the petitioner, shows his wife as the principal immigrant, and shows each of the children in the next part, as children who will be immigrating with mom.

I guess I could fill out a new I-864 for each minor child, and attach the same tax returns for 2018, and the other optional one's I attached (2106 and 2017), and I could put each one as the principal immigrant, on each of their respective I-864's, but that really seems pretty dumb, since they are already listed on their mother's I-864 we submitted.  Am I missing something?

Please help.  Really want to help them finish their process.  A Texas law firm milked them out of $4000 just to get I-130 approved, pretty high cost.  They had to send in packet multiple times, of course leaving out required docs each time, so they could ring up the billing, as of course the attorneys already knew info was missing.  

Sorry, I posed question but have not responded to anyone's take on the issue.  My friend's attorney said that once their I-130 is finished processing, they can then do the I-485.  Apparently, the attorney saw no issue with the spouse's expired tourist visa.  Every rule I have read appears to show otherwise.  I agree with the posts I am reading.  He should have applied concurrently both the I-130 and I-485, in case the time it takes does not end before her tourist visa expires.  But anyway, he is on his own, I was just trying to help.  I am merely a CPA who completed their taxes, including ITIN application for wife. Appreciate everyone's reponses.

Wow, I read that in couple posts. Is that the law?

Hello, I am inquiring for a friend of mine who has a different immigration than my wife and myself had.  I am happy to say I used this website for the K-1 visa process, and adjsutment of status, etc for my wife, who is from the DOminican Rpeublic, and the entire process took less than a year, and was pretty easy, and saved us a good $5-$10K in legal fees.  

SO here is my situation.  One of our friends, an American citizen, married a lady who is here on a tourist visa.  NOw he had an attorney prepare and send in the I-130, and it was very costly.  But I am thinking the process is not that easy, as now her tourist visa has expired.  I guess thgouh maybe once you start an immigration doc process that may trump an overstayed visa, especially if you are now married.  Surely they can't kick your spouse out of the country, or could they?  Maybe the marriage has to pass the test before the uS considers it to be valid, and maybe she should have returned to her country while the process took its time.  But that sounds weird. 

Any thoughts?