corrheag

Hey everyone, 

In February I received my second Prima Facie. It said the prima facie is valid for 180 days. If the period is coming to a close and a decision has not been made, then I would automatically within 60 days of the ending date. This PF is expiring July 24, 2023. The last time they sent it to me, they were on time. But now I have not received anything and my PF is expiring in a few days. 

Has this happened to anyone else? 

22 minutes ago, balo101 said:

it is different for everyone. Right now it is taking almost 33 months for USCIS to process VAWA. But my experience is that it is taking around 26 to 30 months.  

Thank you for clarifying. I filed my application on Nov 2021. I received my first prima facie about four months after sending my i-360 application (no i-765, no i-485). Approximately Feb 2022. Then, on Feb 2023, I received another prima facie that was extended to July 2023. So that means by summer it will have been about 30 months.

Hi everyone,

Quick question.

For those of you who have filed an i-360 VAWA petition using the c(31) category (not c9 or c14), how long did it take to get your petition approved after receiving our first prima facie?

Thank you very much for your insights.

On 8/20/2021 at 4:03 AM, kingdomcome84 said:

I guess I just don't understand the premise of filing for VAWA if the spousal visa isn't approved. If your husband successfully cancels the pending petition, that also eliminates the purpose to VAWA in the first place.

 

Most that were in your situation and married on a tourist visa usually stick around and overstay till they get their greencard with their spouse or fish around until they find a new potential partner to marry. People that seek VAWA outside the country are all K1's because they had an immigration intent to permanently live in the US

 

Your visa was granted to visit. What visa are you seeking to re-enter the US and on what basis? I'm asking that because if your husband cancels the i-130, your CR1 never gets issued. VAWA is not a visa and marriage alone does not grant immigration benefits by itself 

With VAWA a component of it is that the US/Permanent Resident spouse will threatened to cancel victims chances of getting a visa to enter the US. So, the fact that he cancelled can only further prove her point. She has two years to file from the date of divorce and if she is still legally married she can still apply.

Hi everyone,

Please be aware that it is simply not true that you cannot file a VAWA self petition outside of the US. You can and the US citizen does not need.to be in the US military or positioned with a US organization either. This is not true. What is true, though, is that the abuse by the US spouse or Permanent Resident had to have occurred inside of the US. You will also need to prove that you entered into the marriage in good faith. So you may need several Affidavits, maybe from the officiat and attendees at the wedding and proof of joint bank accounts, etc.

Please be advised that you will need to provide an extensive amount of proof of abuse which includes psychological assessment, police reports, photos, etc. So unless you can provide all of the proof VAWA may not be a good choice.

1 hour ago, pushbrk said:

If you or the petitioner have actual employment where the income will continue from the same source after you immigrate to the US, you will not get past the public charge evaluation at the Consulate, and probably not with NVC either, without a qualified joint sponsor.  If you were to accept remote employment now where the job would continue, you may well be fine.  You'll document that income with a pay stub and a clear offer letter that indicates the employment and income will continue once you're in the USA.

 

Any person or lawyer can argue any point they choose.  Experience tells us which arguments win the day and which sound good but don't.

I understand.

Based on my research and speaking to my network about being a joint sponsor, it would actually be easier for me to use my income.

At the end of the day, I had spoke to several lawyers about qualifying for a TN work permit as a management consultant. Every single lawyer told me I would not qualify for it, and I got it. that very same work permit.... twice. 

At the time, when submitting our documents to the NVC, I sent in my 1099 with my "revenue" and my spouse's income at the time, which was actually on an i864ez and they accepted all of it. they didn't ask for anything  except to prove US domicile. I sent in an email conformation of voter registration, NY state ID and and a bank statement and they accepted them. 

So, to be honest, speaking in these forums is saving us, a lot of grief. I believe based on what was submitted to the NVC, the interview would be a complete flop. Now I can make sure our package is more prepared. 

I am grateful for this completely honest advice. 

1 hour ago, pushbrk said:

Pretty good study, but if your contracts are self employment, you do not have employment income.  YOUR current income is not your "revenue" but you revenue minus expenses on schedule C of your latest US Tax Return.  According to what you wrote above, your self employment revenue started in 2021, so YOUR income would be $0 right now, until you file a 2021 tax return in 2022.  Sounds like you'll need a joint sponsor.   Have you done that part of your study yet?

Thank you for honest feedback. I am going to push back on this, though, because the more research I do, the more I realize that I don't in fact need to limit myself when it comes to "income." I was thinking that I needed to get a permanent full time job specifically with a company in the US, but I came across a poster in another forum who raised the very same question to a real Lawyer. They had income back in their home country and wanted to use that income to meet the income requirements. 

 The clear point is that the lawful income needs to continue once the intending immigrant is approved for LPR status. So, while I do have contracts with US-based companies as a self-employed content person, I can actually accept a permanent full-job job in Canada that is fully remote, and still keep that job after getting approved for LPR status. We live in Ontario right now, that's where I'm from. My spouse is from NYC, that's a very strong case. 

You are absolutely right, everything started in 2021, that still stands. I did my 2019 taxes, as did my spouse. Even if they don't ask, n top of bringing my job letter from the Canadian company, I will still bring my most recent US Federal Tax return. I would also still bring those contracts as well. All of this to show that ultimately, I am not going to become a public charge. 

Just now, SusieQQQ said:

Sounds like it covers what you are talking about 

I got it. It has not been fleshed out with examples, so I can bring my current remote job to the interview, but it seems up in the air as to whether they will accept it so I thought I would ask here. 

Hi everyone, 

I have posted quite a bit in this forum and I just want to thank you all for your feedback so far. I am definitely learning. 

I have been doing more and more research and based on my findings, this is an area that still seems pretty vague. When using the intending immigrants income to help the sponsor meet the financial requirements, this is very clear 

- To count the intending immigrant’s income, he or she must either be residing with the sponsor or be the sponsor’s spouse.

- But in all circumstances the intending immigrant’s income must be derived from “lawful employment in the United States or from some other lawful source that will continue to be available to the intending immigrant after he or she acquires permanent resident status.” 

However, lawful employment in the US can mean so many things. The most obvious is the intending immigrant having an existing job in the US and working for a US-based company however, what about in my case and our new normal, where most office jobs are remote? 

I have always worked remote, even when I lived in the US. And here in Canada, where we are currently residing, I have been working on some remote contracts that will continue for long term. 

My question is, what if the emote income is in Canadian dollars and will still continue even after I am granted LPR. I did a currency converter and that income would still be well above the poverty line. Can I not use this income to meet the income requirements?

Even if I was in the US, I could work for a Canadian company, and it would still have to be lawful employment. So, once granted the LPR, I already have a US bank account and SSN from when I did live in the US, so it would just be a matter of making sure that I have work authorization, which I would. 

Does it only have to be working for a US company?

Thank you for your help. 

10 minutes ago, pushbrk said:

It's really critical that you become an A-Student of those instructions.  The immigrant completes no I-86...related form at all, but the petitioner MUST complete an I-864.  I already told you this.  How to deal with the joint sponsor issues depends on information you haven't provided.  You don't know WHAT information is relevant because you haven't read the instructions yet.  Do it as your NEXT TASK.  Neither you, your husband or your child will be counted in any joint sponsor's household size.  Instructions first, now!

OK. Thank you. 

Reading. From my understanding: 

My spouse, the USC is filling out i864 - a contract between the sponsor and the US government. 

my spouse is sponsoring me, the  immediate relative as per i30

PART 5Our household size is 3 (me, sponsor, our infant)  is who my spouse is financially responsible for however, 

Part 6 Sponsor’s Employment and Income

Line 1-6 income for my spouse is all Canadian. He will leave that job when we move back to the US. 

Line 7 AOS is 0 because he won't have that income. 

Line 8-10 is my income. I am based in Canada right now, but I have a contract with a US-based company. My income meets the income requirements. 

Since our child is already a US citizen through my spouse, they is not a derivative family member. 

My spouse filed 2019 taxes as single as at the time because we married after April 2019. 

I also filed taxes in the US in 2018 and 2019 as I was living in the US on a work permit and making US income at the time. 

My spouse made Canadian income all of 2020, and I made Canadian income throughout all of 2020, but I landed a few contracts  as self employed in 2021. These contracts are on a long term basis. And we will be going back to the family home in the US, where his parents and two other siblings live. 

I have a few credits cards with 0 balances that total about 5K, but we don't have any cash assets that can support our income, so we didn't put anything down. 

So, I guess I answered my own question, but I just wanted to double check if there is anything I should be aware of with regards to what additional documents to bring to the interview, since we are not including a joint sponsor. We will be doing the interview in Montreal. 

Cheers, 

17 minutes ago, pushbrk said:

First, in your circumstances, the I-864ez cannot be used.  Did you read the first 3 questions at the top of the form?  If you can't answer ALL of them with a yes, you cannot use this form.

 

The US citizen petitioner will provide an I-864 whether they have any income or not.  It's a contract that must be signed.

 

Next, become and A-Student of the I-864 instructions for how to use a joint sponsor and to deal with household size and income combining.  It's not as simple as counting everybody in the house, and combining their income. When you've done YOUR homework, come back here with remaining questions.

Hi, 

Thanks for your honest. 

I completely appreciate that it is not an easy process, hence why so many people hire immigration lawyers! It is a brave task to take this on solo. 

I would like to be more clear about my scenario. 

Hi everyone, 

I have a quick question. My spouse, the US citizen, lives abroad with me and our son. I understand we would need a joint sponsor in this case however, if there are multiple people living in the house we will be going back to in the US, can all those incomes be combined to help us meet the minimum income requirements? Can we just ask those people to submit their most recent tax returns? What would be the process to include their income in the i864ez? 

Thank you! 

11 minutes ago, canadavisa22 said:

You can add in any supporting information that you feel will help your application. But ultimately, people have been approved with no job and just a lease in the US, so you don't have to replicate exactly what they do. They just want to know that you have a place to live in the US and have the financial ability to not become a burden on society.

 

If your husband's job will continue when he moves back to the US, then show proof of that. Then you will have both a job and lease in place as proof of his intent to re-domicile.

OK. Thanks. It does not hurt to have as much information as possible on hand, including a financial sponsor. 

Much appreciated. 

9 hours ago, canadavisa22 said:

Is your husband working for a US company and will that job continue when you move back to the US?

 

If so, you won't need a joint sponsor. If not, then you will to do one of three things:

 

1) He moves back and gets a job and a lease and is your sponsor

 

2) He stays until you move together and you get a joint sponsor in the US

 

3) He stays until you move together and you qualify based on your combined financial assets

 

For what you need to do to be approved, the story above is all you need to read. Get a lease in the US and have your financial plan in place and you will be fine.

 

 

OK. I understand. Thanks. I just notice however, that the person who was approved in the previous post stated that she submitted emails communication looking for jobs when her husband gets to the US. Her husband did not have an actual job. She did not mention anything about submitting a financial sponsor. My spouse does work for a US organization but it does not meet the specific guidelines based on USCIS, they just work for a global company. 

Hi everyone, 

Congrats to all of you that were already approved. 

I have posted quite a bit about this same scenario I'm in. So good to know that you are not alone. 

In some of the previous responses I received, I was told I would need to more than likely provide a join financial sponsor. For those of you that were approved, it did not seem like you had to do that. 

For the beneficiaries whose spouses lived with them in Canada, what did you put on the i864? My spouse was living in the US at the very beginning of the application, but came to Canada one month later, they have really only lived in Canada for a year so far. So, we had submitted their US income on the i864 at the time of the application. They are currently in Canada on a PR but have no desire to stay here upon approval of my LPR. It is actually more than likely that they will give up their Canadian PR (I put work permit in previous posts).

For those of you that were approved, did you find providing a lease to be best way you got approved? Even if you did not provide US income? 

Thanks so much! 

On 1/23/2021 at 9:39 PM, KStene22 said:

This is what we are going with:

Rent to own agreement for the next 16 months for the family ranch in Montana,

Pics of the fully functioning shop on said property from which my husband can work

(Working on written communication with local contractors offering work... lots of verbal approval but obviously we need something in writing)

bank statements

proof of po box

Letter of intent to homeschool our oldest

prepped passport applications for our kids

 

All we can do is try!  This is the best we can do for now without separating.  If they want more, my husband can move back and start working in a heartbeat.  

Hey! 

I sent you a PM! Please check! Would love to have a convo with you about it. 

Hi Everyone,

You guys all helped us when I posted about proving US Docimile to the officer at the US Consulate in Montreal. My spouse the petitioner, the US Citizen, is currently here with me and our child in Canada with intention to return to the US once my permanent resident visa is approved. 

We have decided to have a joint financial sponsor.

I understand what the joint sponsor needs to provide (864i, most recent tax return or transcript, proof of US citizenship or LPR status).

I understand what documents i need to bring to my interview. I will submit everything that was approved by the NVC, but my question is: since the 864i submitted and approved by the NVC was when my spouse was still in the US, and they are currently here, should i simply bring a letter from my spouse explaining intention to return once my visa is approved?

Docs already approved by NVC

- 864i 

- bank statements 

- Voting registration

- state ID card with US address 

Or perhaps I don't need to bring a letter and instead the original 864i along with the joint sponsor's documents explaining that we will return as soon as I am approved?

My spouse has not been out of the US for two years.

Thank you! 

10 minutes ago, carmel34 said:

Unfortunately, that's not how financial sponsorship requirements are viewed by US immigration officers.  The key questions when looking at the public charge issue are the financial resources available to support the intending immigrant in the US, following immigration (if approved).  A petitioner living abroad whose income will not continue once returning to the US will be viewed accordingly.  How will the petitioner support the immigrant financially without a job in the US?  It's not that different from an unemployed petitioner who lives in the US.  This is why the petitioner often has to return to the US before the beneficiary, to get a job and provide evidence (such as six months of recent pay stubs), to demonstrate his or her ability to financially support the immigrant.  Or get a qualified co-sponsor who lives in the US.  This is why it is more difficult for petitioners living abroad to be sole financial sponsors, not easier.

Thanks for your honest perspective. 

OK. I know what I have to do, but I'm simply just trying to look at all angles first.

So, even if my spouse gives me a copy of his job offer in the US with a start date, and the income is well above the poverty line, and even if I present income (I work remotely) from a company based in the US that is above the poverty line, they may still require a co-sponsor, or they may delay my application and ask for the petitioner to provide pay stubs. I know we would have to present an updated i-864 as well. 

Thanks so much! 

Definitely appreciate everyone's advice. It is interesting, though. I lived in the US on a work permit for two years before going back to Canada to give birth. It was relatively easier (particularly compared to Canada) to get a job above the poverty line in the US. To add, It is not cheap to sponsor someone, and it's very time consuming. One would think interview-wise it would be easier for petitioners and sponsors abroad because they are giving up an established life to move back home, and like someone else mentioned, the marriage is genuine, compared to ones already in the US (inbound applications) who may be subject to more fraud. 

Thank you so much! This makes perfect sense. We need the extra time to plan next steps accordingly. So, in our case the long wait is a good idea. I know it will be complicated, but at least now I have a clearer idea of what we need to do. 

I really appreciate everyone's advice. 

Warm regards, 

Ah, thanks Lucky Cat. 

The NVC makes sure your documents are ready for the interview. And the Consulate Officer looks at everything and decides if you're approved for the visa. For some reason I thought the NVC determines if you need a cosponsor or if your i-864 qualifies, and the interview just confirms your marriage is genuine. So, if this is the case, it would have been easier if my spouse just stayed in the US this whole time. So, in this case, the best thing that could happen is 1) he goes back to his original job he had at the time of petitioning, 2) He gets a job offer in the US/updated i-864 that I can show at the time of the interview, or 3) just goes back before the interview and be positive that things will fall into place, but he may need a co-sponsor. 

38 minutes ago, carmel34 said:

In addition to US domicile issues as others have pointed out, there is also the US spouse's financial sponsorship to consider, which has to be based on income from US sources (or sufficient assets) on the I-864, or have a qualified co-sponsor lined up as well.

Definitely appreciate the honest view of the challenges ahead. It's interesting because his i-864 was approved months ago. So, literally, it's just the interview left at this point. I'm looking at the questions asked at the Montreal Consulate on this forum, and they seem to be quite standard, where did you meet, what does your spouse do for a living, etc.  I agree that the best strategy is for my spouse to head back to the US before the interview, but I'm wondering if overthinking can complicate the interview process. 

1 minute ago, JFH said:

Moving back to the US before the interview is the best way to demonstrate the intention to re-establish domicile. Separation is no fun, but most of us have had to endure some time apart in this process and the end justifies the means. 

Completely understand and I agree with you. 

Thank you so much. 

3 minutes ago, Lucky Cat said:

Providing solid evidence that the petitioner has already re-located or will re-locate. 

Sounds like a job offer, or proof of looking for jobs back in the US. Since we have an infant who won't be in school yet. 

2 minutes ago, JFH said:

Most embassies only want the applicant to attend. London, for example, does not permit the petitioner to attend. During COVID-19 restrictions, this is even more the case as embassies do whatever they can to reduce the number of people in the building at any one time. 

Very helpful. Thank you so much.

I see. So, it sounds like the best approach is for my spouse to head back to the US before my interview. Even if it's a month before, they should just head back. Unless I can show job interviews, or maybe a job offer? If I don't have proof of a job, It sounds like the consulate will check to see if they are here in Canada.