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About goursh

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  • Member # 338870
  • Location Los Angeles, CA, USA

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  1. My wife on her fiance visa and our son and I live with my parents. My dad makes a lot more money than I do and files jointly with my mom--he was our co-sponsor for earlier parts of the visa and now he will also be a sponsor for i-485. Originally we were just doing the i-864a but now it is looking that even though we live in the same house, we are not technically part of the same household? I am unsure what to do here, as we don't anticipate to live with my folks forever. All this household talk gets confusing in these forms... If we do a separate i-864 for my dad, do we omit my parents from the "household" for her i-994 (and my i-864)? NOTE: he hosts us but doesn't pay for our costs of living.
  2. Thanks everyone for your feedback. I've slept on it after reading your very good points, and it's probably best just to see how things pan out in the next 2-3 months before deciding on a dramatic change of direction. Cheers!
  3. I'm looking for some feedback, perspective, and if you think you've got it, advice! The first thing to know is that my fiance (Argentine) is also an Italian citizen. We are very aware of the world in turmoil, and we want to keep all our options open--not only open, but move each option forward as far as possible without jeopardizing or terminating others--such as our Fiance Visa, which we were sooooo close to having finished before the lockdown. Now the US Embassy in Argentina is shut down indefinitely, and things are not looking up at all. Back in February, we had paid for her final appointment at the embassy and we were just a few days away from scheduling the interview at the US embassy. You know what happened next. It could be a long time until it opens back up and we have already lost almost 1 year of time where we could have been married originally, in the US or in Arg, but didn't because we wanted to follow all the rules. The time we've '"lost" is important because of various benefits to us the longer we are married, including for her US visa as my spouse (this would be I-130, correct?)... but she also has Italian citizenship and there are certain rules for me acquiring some kind of legal means of living in Italy permanently with her as her spouse. So we have 3 options here as far as where to live when things are a bit smoother, and each option requires time investments... mostly in the form of marriage, but also in waiting on processes. We had our baby here in late March, who is technically Argentine-Italian-American. Can't get his American passport though because of the embassy's operations being suspended. We've done some digging and, assuming chaos doesn't reign more than it already has, we can get his Italian and Argentine passport by early November. That way, we can at least all travel to the US, even if we have to figure out something more permanent later. So the question becomes: what would you do? I doubt it's possible to convert what we've already done to a I-130 (alien relative), and I also imagine it would take an extra 6 months minimum to cancel that one and file a new one (the first time around, it took that long to hear anything back). Should we get married? Should we keep holding out for her fiance visa? I have no "opinion" in this, only trying to hear from others your perspectives. Thanks!
  4. @andreaam and @Fer Schvarztman, I cannot understand if you agree or disagree with eachother. What is the point of finding P3 instructions on the website if we must wait to hear from them? I have P3 all finished, as well as DS-160, and God only knows how long it'll take before we finally hear from the Embassy...
  5. @Fer Schvarztman So you're saying that if we have our case number from the NVC, my fiance can fill out DS-160 and schedule her medical + interview (we are in Cordoba) before receiving anything from the Embassy? We have already done most of the P3 (I-134, photos etc) and it's ready to send. We will be explaining that the medical will take place closer to the interview since we have to travel to Bs As. I guess my question is: is there anything in what the embassy sends us that we cannot learn online?
  6. @designguy it's Argentina. I've looked into the CRBA and while it looks straightforward enough, I'm just sick of paperwork (and thus the impatience :P) @Nat&Amy very ood points, thank you. She is a yoga teacher. We've traveled a lot in our time together and her "ties" back home are always workshops she plans for the week she returns to and advertises on social media. Hasn't been a problem but like I mentioned, I'm not sure they knew she was pregnant before. Every time she's crossed a border into US or UK she's gotten through faster than me. She's got enough cash to cover a childbirth, which brought up my second question about bringing in more than 10k cash. Besides that, we have the I-134s from me and my co-sponsor, so if they would accept that as on-the-spot evidence, then that is covered. Quite frankly, there is no question we would not follow the plan (I say that now, at least). From what I've read it could be considered visa fraud if during AOS they see that she came on a tourist visa to get married... and to be honest, after all this money, time and energy, we don't want to jeopardize anything. Not sure how far that'll go explaining that to the CBP officer, but it's the truth. Anywho, thanks for the questions helping me think about things!
  7. Long story short, we are waiting on the KVC response after receiving NOA2 in the mail (Dec 16). My fiance is 6 months pregnant. Even if the stars aligned and we received the response tomorrow, and the embassy had plenty of available appointments in the immediate weeks, and the doctor said it was OK to fly at 36 weeks--not to mention there is no RFE at the interview--we would be cutting it seriously close to try to obtain the fiance visa in time to come back and have the baby in the States. We just returned to her home country after 6 weeks in the States for the holidays. She had no problem entering on her B-2 tourist visa (I'm not sure if the officer could tell she was pregnant or not at that time). She mentioned the fiance visa as part of why she was visiting, and has a clean tourist record as far as leaving/entering the country on her previous travels. Things got "complicated" when we realized that her tourist visa (with passport stamp) was good for a 6 month stay. Meaning that theoretically we could have stayed, had the baby, and then headed back to her home country peacefully to finish the visa situation--or even figured out a different situation, if the fiance interview would have expired by that point, I'm not sure (don't we need to schedule the interview within 90 days?). From what I have gathered, it's not illegal to come to the States to have a baby--just risky. For now, I have no desire to deal with all the paperwork for getting my baby's passport immediately after birth. We also have no desire to stay in her home country any longer than necessary (we're basically AirBnb-ing around here using her parent's home address, plus I've got work to do back home). We're ready to start this new chapter of our lives, in the place we know we'll be for at least a while. We are heavily leaning on heading back to the states in a few weeks, when it still wouldn't be too uncomfortable/dangerous for her to travel (doc already said he'd sign a note), and returning to her country in time to do her interview. As far as I can tell, the only thing we'd be banking on is the judgment of the border patrol officer (like usual). We'd bring all fiance visa paperwork as the reason for returning back to her home country, and if they ask about the baby, explain that we want to have the baby in country (I'd sign an affidavit or something confirming I am the father). As she hasn't yet stayed close to that 6 month limit in the past year, and the truth of the matter is that we are in the midst of transitioning our life together from her country to mine (proving with documentation that we will be doing so legally), it doesn't really feel like anything is out of place. It would be awesome if we were permitted to pass through immigrations together so I could help with the story, though I'm not sure they would let us. Anyway, what would you do in this situation? Do you have any other creative (and legal) ideas? I understand the safest and most comfortable route would just be to stay in her country and wait, but let's imagine the impatience was critical 😛 Thanks! EDIT: one more question for those that may have experience: if she can demonstrate it came from an inheritance + savings, can she safely bring more than $10k cash? I know that would also help her case with the border patrol officer.
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