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Chancy

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Posts posted by Chancy

  1. 16 hours ago, Leruj said:

    And by strongest evidence I guess that would be our proof of meeting, receipts and boarding passes, hotel/booking, pictures together, and letters of intent to marry, right?

     

    The letters of intent to marry is a requirement for the petition, but is not part of the proof of meeting.

     

    Strong evidence for the meeting requirement includes stuff like passport stamps, school records for the same school and year.

     

    Tickets, hotel bookings, receipts, pictures are secondary evidence.  Anybody can book and pay for flights and hotels, while pictures don't prove meeting within 2 years of filing date.  Good to include along with stronger evidence listed above.

     

    I agree with other posters that affidavits from third parties are next to worthless, unless you have no other evidence to submit.

     

  2. As geowrian said, just write in their DS-160 that you will be covering their expenses in the US.  No need for a letter --

     

    Note: Visa applicants must qualify on the basis of the applicant's residence and ties abroad, rather than assurances from U.S. family and friends. A letter of invitation or Affidavit of Support is not needed to apply for a visitor visa. If you choose to bring a letter of invitation or Affidavit of Support to your interview, please remember it is not one of the factors used in determining whether to issue or deny the visa.

     

    https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visitor.html

     

    1 hour ago, Bugs said:

    All 4 children are adults.  One of these adult children is my wife, another encountered complications while here on a workers visa and is in the US illegally, the other two live in the Philippines.

     

    Advise your in-laws to be ready to address questions about their child who is in the US illegally.

     

  3. 1 hour ago, ClemsonC said:

    How do you sign the i130 when you’re filing electronically? 
    I thought If you submitted it online it didn’t require a signature - and now I’m panicking! 

     

    Sent the i130s in March electronically for ir1/ir2 

     

    There's a page that tells you to digitally sign your petition by writing your full name on the text box.  You wouldn't have been able to submit your petition online if you didn't do this, so no need to worry.

     

  4. 6 hours ago, Unstoppable02 said:

    P.s. I’m unable to gain support from family or anyone else.

      

    Then you need a job.

     

    If you want to use your savings or other liquid assets for the affidavit of support, you must have assets valued at 3x the difference between the poverty guidelines and your actual household income.

     

    https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html#aos13

     

    Note that having just enough assets (or income) does not guarantee visa approval.  It is still up to the consul to assess the likelihood of your beneficiary becoming a public charge.

     

    From the info you've shared, I don't think your case is complicated enough to need a lawyer.  Still, hiring a lawyer is a personal choice, depending on how much time and effort you're willing to spend on this process and how confident you are with your reading comprehension and ability to follow instructions.

     

    Whatever you decide, I wish you good luck.

     

  5. 1 hour ago, juninho10 said:

    I don't know why they would need a tax return from the petitioner if she's not going to actually be sponsoring me, and I have a joint sponsor already with the correct papers.

     

    As the petitioner, your spouse is your primary sponsor, even if there are joint sponsors to help meet the income requirements.

     

    From the I-864 instructions (page 13) --

     

    NOTE:  Even if one or more Form I-864s are submitted for an intending immigrant, the petitioning sponsor remains legally accountable for the financial support of the sponsored immigrant along with the joint sponsors.  The petitioning sponsor must complete and submit a signed Form I-864 for the intending immigrant even if a joint sponsor will be used.  The petitioning sponsor must also provide his or her Federal income tax return for the most recent tax year with supporting tax documents unless otherwise not required to file a Federal income tax return for the most recent tax year.

     

  6. 3 hours ago, cleverest said:

    ...the PH is currently in quarantine and I've heard they are not allowing flights until at least a week after she was supposed to fly...

     

    Inbound flights are allowed.  If your mother-in-law is a PH citizen, she will be allowed entry.  Check with the airline if there will be flights to the PH on the new date she needs to fly back.  Note that there are no domestic flights, so she needs to take a US flight into the PH airport closest to her home.

     

  7. 19 hours ago, KawikaDavid said:

    Thanks Chancy....makes sense. Perhaps they are very nervous flying and would like to minimize flying while maximizing time spent with US family. Also, although they own a house, they are not wealthy and have no bank account; is that a factor?  thanks,

     

    I don't recommend your parent-in-law mention to the consul about being nervous about flying.  Maximizing time spent with family in the US may sound reasonable, but note that it casts doubt on the visitor's ties to home country.  Owning a house is not a compelling reason to return to the Philippines, especially if there are other adult family members who can take care of the house.

     

    In any case, none of us here can say for sure whether they'll get a visa or not.  If you don't mind parting with $160 + travel expenses to the US embassy in Manila, ask your parent-in-law to apply (but keep your and their expectations low).  I hope you let us know how it goes so others may learn from their experience.  Good luck!

     

  8. 37 minutes ago, KawikaDavid said:

    Well how about for a visit which it will be-- a chance to see the country, their daughter, and the new baby for a few months?

     

    Sightseeing and visiting relatives are perfectly acceptable reasons to apply for a tourist visa.  But, if the consul suspects that the primary reason for the visit is actually to babysit for family, there is a good chance that the visa will not be granted.  In addition to convincing the consul of their strong ties to the Philippines, your parent-in-law must be able to justify why they need to stay a few months for a family visit.

     

  9. https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visitor.html

     

    Note: Visa applicants must qualify on the basis of the applicant's residence and ties abroad, rather than assurances from U.S. family and friends. A letter of invitation or Affidavit of Support is not needed to apply for a visitor visa. If you choose to bring a letter of invitation or Affidavit of Support to your interview, please remember it is not one of the factors used in determining whether to issue or deny the visa.

  10. 21 minutes ago, arken said:

    Are you sure marrying in the US is not recognized in Brazil? I’ll take your word since i don’t know anything on that.

     

    I was surprised about this too, so I googled Brazilian marriage law.  Sharing here for everyone's info:

     

    -----

    19. I have married abroad. Am I automatically married before the Brazilian judicial system? Can the divorce conducted abroad be recognized in Brazil?

    Brazilian Law recognizes the validity of marriages and divorces performed abroad. However, for these acts to produce legal effects in Brazil, the marriage must be registered in a Brazilian Consular Office and transcribed into the books of a Brazilian First Civil Registry Notary Office, and the divorce sentence must be ratified by the Superior Court of Justice, Federal District, according to Constitutional Amendment no. 45. Marriages performed abroad, even when not transcribed to Brazil, constitute legal impediment to remarriage.

     

    http://www.itamaraty.gov.br/en/perguntas-frequentes-artigos/19385-assistance-to-brazilians-abroad#II19

     

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