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goursh

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    We'll be traveling after filing I-751

    in Working & Traveling During US Immigration

    Posted · Edited by goursh
    wrong form

    Apologies if this is in the wrong forum.

     

    Basically, in 2021, we had our original green card interview in State 1, but then we moved (and filed the address change) to State 2. 

    It's time now to fill out I-751, however starting in about 1.5 months, we will be traveling back to State 1, and my wife's home country, and possibly a third state. It'll be a 3-month trip away from State 2 (our current home state).

     

    Any ideas how to approach this?


    I imagine the options are:

    - inform them BEFORE that we will be traveling and request interview in State 1 (but how?)

    - inform them AFTER we get the appointment

    - file an address change back to State 1 along with I-751

     

    Thanks for any tips.

     

    Living with my parents: Joint Sponsor or i-864a?

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted · Edited by goursh

    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.

     

     

    AoS (merged threads)

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    On 1/31/2021 at 1:25 PM, HRQX said:

    Does this mean my fiance (K-1 visa, breastfeeding mother of a USC) doesn't need to mention WIC on her i-944 for her AOS? Or we should mention it and not worry about it? It's technically not an option on the form.

     

    Not an issue: https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-10

    The following is a non-exhaustive list of public benefits that USCIS does not consider in the public charge inadmissibility determination as they are considered earned benefits:[20]

    • Federal Old-Age, Survivors, and Disability Insurance Social Security benefits (SSDI);

    • Social Security;

    • Veteran’s benefits including but not limited to HUD-VASH, and medical treatment through the Veteran’s Health Administration;

    • Government (including federal and state) pension benefits and healthcare;

    • Unemployment benefits;

    • Worker’s compensation;

    • Medicare; or

    • Federal and state disability insurance.

    Other benefits not considered public benefits in the public charge inadmissibility determination include, but are not limited to:

    • Any services provided under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act);[21] 

    • Benefits under the Emergency Food Assistance Act (TEFAP);[22]

    • Child and Adult Care Food Program (CACFP);

    • Food Distribution Program on Indian Reservations (FDPIR);

    • Short-term, non-cash, in-kind emergency disaster relief;

    • Programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) provided by local communities or through public or private nonprofit organizations;

    • Public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease;

    • Attending public school;

    • Benefits though school lunch or other supplemental nutrition programs including:

      • Benefits through the Child Nutrition Act;[23]

      • Benefits from the National School Lunch Act;[24]

    • Summer Food Service program;

    • Child care related services including the Child Care and Development Block Grant Program (CCDBGP);[25]

    • Special Supplemental Nutrition Program for Women, Infants, and Children (WIC);[26]

    • Children’s Health Insurance Program (CHIP) and State Children’s Health Insurance Program (SCHIP);[27]

    • Health Insurance through the Affordable Care Act;

    • Tax Credits;

    • Transportation vouchers or other non-cash transportation services;

    • Housing assistance under the McKinney-Vento Homeless Assistance Act;[28]

    • Energy benefits such as the Low Income Home Energy Assistance Program (LIHEAP);[29]

    • Educational benefits, including, but not limited to, benefits under the Head Start Act;[30]

    • Student loans and home mortgage loan programs; and

    • Foster care and adoption benefits.

    As there are multiple federal and state public benefits programs, USCIS is unable to list all programs not included within the public charge inadmissibility determination.

    Yes, the I-485 receipt notice is needed as proof an applicant to LPR.

     

    Argentina Lockdown; possible to 'convert' the I-129F to the I-130?

    in K-1 Fiance(e) Visa Process & Procedures

    Posted

    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!

     

    ARGENTINA Packet 3 + Embassy interview

    in Mexico, Latin & South America

    Posted

    @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?  

    Advice: NOA2, Pregnancy, and things getting complicated

    in K-1 Fiance(e) Visa Process & Procedures

    Posted

    @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.

     

    Quote

    What financial guarantees or arrangements have you made - or would be able to show, if asked - proving you can afford the costs associated with it? 

    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.

     

    Quote

    What are the odds of that actually happening? 

    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!

    Advice: NOA2, Pregnancy, and things getting complicated

    in K-1 Fiance(e) Visa Process & Procedures

    Posted · Edited by goursh

    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.

     

    I-134: Unemployed primary sponsor with a co-sponsor

    in K-1 Fiance(e) Visa Process & Procedures

    Posted · Edited by goursh
    accidentally pressed enter too soon

    Hi all, [hopefully] quick questions here:

     

    1. I've not had a job in something like 8 years. I have been under the poverty line, living week to week, mostly with friends and family to trade for room & board. Suffice to say, I haven't filed any taxes. I saw it once before but can't find seem to find it now: what is the "template" of how I explain that? (i.e. something along the lines of "The minimum income requirement was _______ for the year 20__. My income was _______ and so I did not file.")

     

    2. My father is the co-sponsor, he makes more than enough money. Do we need a letter from his bank? Or will simply a letter of employment + pay stubs + bank statements will suffice? He has assets and real estate too--do we still list all this on his 1-134 but not include the documenting evidence, since that isn't how we're sponsoring my fiance?

    ----> is there a template I can use to give to his employer?

     

    3.My beneficiary's meeting isn't for another 3-4 months, is it OK if we get all this evidence ready now? I'm leaving for her home country soon and figured it would be better to give the documentation to her now as opposed to mail.

     

    Thanks!

     

    Passport Stamps, Ticket Reservations, Photos and "telling the story"

    in K-1 Fiance(e) Visa Process & Procedures

    Posted

    Good point. I guess it's easy to stress out when it's the first step and a new process.

     

    Me, I seem to be worrying more about the scattered details of my life versus the story of our relationship, like if they care that I had a working-holiday visa and spent 6 months in Australia but never established a residence--does one list that or not? The story of my life is a lot more complicated on paper than the one of our relationship, hehe

    Passport Stamps, Ticket Reservations, Photos and "telling the story"

    in K-1 Fiance(e) Visa Process & Procedures

    Posted

    Hi all, I appreciate the tremendous help some of you have already offered me. I have a few more things regarding documentation and evidence I want to make sure of before I send away. I appreciate any input.

     

    A little backstory: the way my fiance and I have developed our relationship is by traveling together, mainly in locations that were not our homes (even though we also spent time together in our respective home countries together). We have plenty of photos, ticket reservations, and passport stamps to prove this, and I feel like it's more straightforward than chat/FaceTime records. So I've chosen to go about providing evidence with passport stamps, ticket reservations (we unfortunately don't have any ticket stubs still), and photos in those locations. My questions:

     

    1. Should I keep it as 3 straightforward sections (1: passport stamp copies; 2: tickets; 3: photos in locations) OR "tell a story" by interspersing them with date/location dividers: first showing the passport stamps arriving in a location, then the ticket reservations, then the photos with captions and dates; repeat per destination. She meets my parents at the third and fourth destinations, and my father also includes a witness statement--I would include that there at the end.
    2. Some of the train tickets are in German. I've highlighted the names and locations but I've read that they want official translations of anything not in English. Is this a big deal? I feel like there's enough other evidence to prove one of our meetings to skip this segment of our travel completely, rather than have the risk of them not liking the foreign language.
    3. How does one physically organize this part of the package? I read on the USCIC website that they appreciate bottom tab dividers, but could I use manilla folders? 

     

    Thank you... If I'm overcomplicating it, please just tell me :)

    Passport Stamps, Ticket Reservations, Photos and "telling the story"

    in K-1 Fiance(e) Visa Process & Procedures

    Posted · Edited by goursh

    So we wrote out a fairly basic declaration of how we met when we were both together in person recently, and both signed it with ink--however now upon further research I am learning that they would prefer a more personal story about how we fell in love? What I've written already is more like a timeline of our time together (in our case, traveling, which we back up with photos of said travels, in which we are both very much happy and visibly "in love"). I mention her meeting my parents and how I'll be returning to her country soon to spend time with her family.

     

    But since apparently photos are secondary evidence, I am wondering if it would be a better idea to re-write it with more emotional detail, but then only I would be able to sign it. Or would it be acceptable to add a new attachment? I am also attaching receipts/reservations of plane flights and tickets, passport stamps, and a witness statement by my parents.

     

    Thanks for any advice.

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