Demise

1 minute ago, Darryl_F said:

Demise, just saw your post (before I replied). Makes sense. Maybe I should call an immigration lawyer. 

Yeah you should, ideally someone else from whoever told you this nonsense lol.

Just now, Darryl_F said:

2k is the amount the government said I must pay, which is 125% above the poverty line. I think everyone that brings in an immigrant agrees to this. Though, the amount is different depending on where you live

Nope. 125% of the poverty line is what you need to make per year, that's all, the immigrant relative does not need to see any of this money.

12 minutes ago, Darryl_F said:

No idea where the documents are, and I am not looking. It was from a year ago. I am confused on why you are confused lol. There is nothing usual about it. I thought it was common knowledge that you had to support your immigrant spouse during and after marriage. I found the below article which admittedly may have answered my original question (answer: for life)

 

https://www.justia.com/immigration/marriage-family-based-petitions/i-864-support-and-divorce/

Yeah the thing that you posted is pretty much what I said. You do not have to pay her squat absent any alimony order.

I-864 is literally so if she takes one of these benefits before when she naturalizes or works 40 quarters:

1. SNAP

2. TANF

3. Medicaid (nonemergency)

4. CHIP

5. SSI

Then the government can come after you to pay them back. That's all, that's the whole obligation. You do not have to keep supporting her. Considering what a pittance the above are she'd starve to death if she were to rely on this stuff.

1 minute ago, Darryl_F said:

I thought the i-864 affidavit of support was the reason I have to support her for 10 years. I may have the wrong. Whatever the name of the document is, I pay 2k a month for that. This is from the Federal Gov. Not the state. Again, this is NOT related to my divorce settlement.  

Let's see this document because this is highly unusual. Obviously redact out any personal info.

1 hour ago, Darryl_F said:

Wow. So that fact that I pay her thousands of dollars every month means she will never need to work, and therefore I will pay forever. Great.

Hopefully she naturalizes sooner rather than later, that also ends the obligation under the affidavit of support.

Still, you are conflating two issues.

1. You are paying her right now because your prenup or because the court ordered alimony, not because of I-864.

2. I-864 obligation is solely for if she takes certain federal benefits (like SNAP, TNAF, etc) where the federal government can come after you to reimburse them. Basically the government doesn't want to be the one on the hook for paying welfare to a bum someone else imported.

5 minutes ago, Ninjaturtur said:

@EatBulagathank you!

@DemiseUnfortunately, I still have not received my EAD yet. I will try contacting the senator or congressman.

So people in Maryland, did you get your driver's license and lose it after 4 months and waited for EAD to come in?

Is there anyone who "negotiated" their way into extending their drivers license?

 

MVA staff offered to put me on a non compliant status and she said after I get my papers, I can simply update my status. 

It sounds so easy, but I can't imagine there to be no catch. 

It sounded like she could do it right there and then and didn't say anything about 2 years of taxes or anything. 

That's what the website says, but if she offered go in there and ask her for it and see what happens. Like there's nothing to lose here. Worst case scenario you'll get told no and your license will expire in April, best case scenario they'll renew you as non-compliant.

Last thing you could do is grab your I-485 notice and passport with K-1, print out of the Real ID Act and argue that because 202(c)(1)(B)(3)(ix) states that applicants for AOS are eligible them demanding an EAD is improper when you have the I-485 receipt right here since that's the proof of it and not an EAD.

23 hours ago, Skye841 said:

Hi i need to file my AOS within the next week. Adjusting from my K1 and have a few questions if anyone can help, they might seem a bit silly but i just want to make sure im filling them in correctly. Also I am still waiting on my marriage certificate, will this have my married surname on it?

I-485:

current legal name- do i use my now married surname for this and then put my maiden name in other names you have had? Assuming the name i use if i use my married name will be whats going to be on my green card when issued? 
then for immigration history details it asks for passport number on arrival, travel document number on arrival, expiration of passport or travel document and country that issued passport or travel document- question is do i use passport or k1 visa details for this section or does it not matter which one i use?

status on form I94- would i write k1?

what is your current immigration status ? Do i write k1? 
And to sign off on the form, if i want to use my new married surname do i use a signature with that name or do i use my maiden name / usual signature as it is what is on my passport? Sorry if these sound dumb, I’ve not had to change my name before.

I-765: 

full legal name- do i use my now married surname 

again asks for my immigration status on arrival which is k1 and current immigration status- still k1 as i am still to file my AOS etc? And same with the signature i should use to sign off on 

I-131:

name i use (does not ask for previous used names)

Part 7- Advanced parole travel info?

i dont have any trips planned so do i still fill this in, want it just incase of family emergency mainly ?

 

and finally 

I-693:

i had my medical and all my vaccinations ticked off complete before my k1 interview and have my DS3025 to attach to this. 
what parts of this form do i complete and not complete.

 

if anyone can help clarify would be great. Thanks 

I-485:

Name: Use married name, put maiden name under other names used. Copy of marriage certificate will cover the name change.

Passport/Travel Document: Put in the passport number, leave travel document # blank, for expiration put the passport expiration date. (Travel document # is for cases when you entered US on something other than a passport (e.g. Border Crossing Card, Refugee Travel Document, Green Card, Re-entry permit, Advance Parole, any of the WHTI documents, Enhanced Driver's License, etc)).

Status on I-94: K-1

Current status: K-1

Signature: In US your signature is whatever you want, only thing that USCIS wants is that you stay consistent (i.e. use the same signature throughout, and on any follow up letters or privacy releases), so sign with the married name.

I-765:

Full legal name: Yes, use the married name

Immigration status: K-1

One important thing, for the question 27 put (c)(9)( ), NOT (a)(6).

I-131:

Just put ASAP for the planned date (print it out and pen it in)

In the purpose of the trip just say what you said here, you want in case of emergency.

19 hours ago, Skye841 said:

Thank you for your helpful responses.😊

 

on the I-485 do you know what the receipt number for underlying petition would be? Not my I-129f as thats already been approved?  I added a screenshot incase you or anyone else knows what this one is

 

 

Put the receipt# of the I-129F.

Biggest question is: Did you apply for and receive an Employment Authorization Document? Maryland is a bit dumb in that it will only accept that or a foreign passport with a valid I-94 for Real ID.

If yes, use the EAD as your primary document. If not then unfortunately I don't think much can be done here. Go hassle your senator or congressman to have them poke USCIS to get you the EAD.

2 hours ago, Hope4me said:

Hi fam,

Please I need everyone's input. 

I filed VAWA in Feb 2020 after which I received notice of action and subsequently prima facie (about 3 times). I have also renewed my combo card twice. I then relocated to another state and sent form AR11 to USCIS accordingly (Vermont). In July 2022, I received RFE which I responded to a week later than deadline day because my attorney failed to inform me early enough. USCIS acknowledged receipt of the documents and said they will continue working on my case. In March this year, I received 3 mails from USCIS Lees Summit office - 2 Notices of Action for the combo card I already have which is expiring next year and notice of action for the VAWA I filed since Feb 2020 for which I already received confirmation for but this time the received date stated in the letter was August 2020. Why from Lees Summit Office MO instead of Vermont? Does anyone have an idea of what could be going on? Also, is there a way I could nudge them on my case? I am thinking of using congress person again (I did before) or shall I send same RFE documents again just to see if someone touches my file? @balo101 @Demise @sandranj

Inquire via a congressman.

Only thing I could think of would ironically be an approval because the I-485 gets moved from Nebraska or Vermont to National Benefits Center once it's able to be scheduled for further processing (i.e. when the I-360 is approved), which then forwards it further to a local field office. Still, I don't want to get your hopes up here.

16 hours ago, slumdog-oregon said:

I am unsure if his criminal record was disclosed to USCIS, I understand she knew but supposedly he was a reformed man of Ya, She believed him. She did not know he is a drunk. He also appears to be very controlling. One thing, she has no airline ticket back. He either got by with a one way or cashed in the return trip. She appears too afraid to take action. We have told he we have a number she can call for help. 

USC petitioner's criminal record is generally irrelevant. Dude could be sitting at Death Row in ADX Florence and be able to sponsor a spouse (logistics of proving bona fides when you're spending 23 hours in a cell aside).

Only criminal record that disqualifies a USC from petitioning is a conviction of a sexual crime against a minor under the Adam Walsh Act.

19 hours ago, marcris said:

Hello to all in this wonderful community. I am hoping to get some recommendations regarding my adjustment of status situation.

 

Please recategorize this post to whichever category it belongs.

 

My husband is a US Citizen and we got married in 2013 in Paraguay. Our daughter was born in 2014 in Paraguay where we were all living (my daughter obtained US citizenship at birth through her father). In 2020, my husband took a work opportunity in Florida and he moved back to the US. He filed the Immigrant Visa petition via form I-130 in 2020 so we could all reunite. I arrived here in Florida yesterday with my daughter. My passport contains the IR1 visa stamp. Now that we are here we face the challenge of figuring out our daughter's education.

 

She is currently enjoying her South American school's winter break and with my husband we are looking at local elementary schools. We would like her to finish her school year in Paraguay in November of 2023 while we still navigate how the school system here is.

 

Today, we went to apply for my social security card. Do we have to fill out any forms (i485 maybe?) for me to get my green card? Is it feasible for me to apply for a travel permit so that I can travel back to Paraguay with my daughter so she can properly finish her school year and if so, is it better if I apply for a travel permit at a local USCIS office? Or do I have to wait until I get the green card in the mail to make any travel plans?

 

Thank you all for your tips.

 

 

You are an LPR as of the moment you entered on your IR1. As long as you paid your immigrant fee, your green card will get printed and mailed to you eventually, that's literally the fee for them to print you a green card. If you haven't paid it I believe you should be able to do so here: https://my.uscis.gov/uscis-immigrant-fee/

You do not need anything else right now to apply for an SSN, the endorsed IR1 visa serves as proof of permanent residency for 1 year since entry and can be used in place of a green card to get a SSN, get a driver's license, work, travel abroad, etc.

You could file I-131 for a re-entry permit, you just need to stay in US to do biometrics and past that are free to depart, just denote on the form that you want the re-entry permits mailed to the consulate abroad.

Regarding your daughter, it's summer vacation in US right now, so you have about a month and a half to get her schooling sorted here, and have the school decide how to place her, and considering that the education standard of US is low I don't think she'd struggle with the material aside any possible language barrier.

Hey question, anyone know how long it takes Nebraska Service Center (before you ask - that's where new VAWA I-360, I-485, I-765, I-131, I-864W, etc. go to) to actually intake the forms?

My AOS package (I-485, I-765, I-131, I-864w, G-1450) arrived June 21st, and so far radio silence (no receipts, no rejection, credit card hadn't been charged yet).

Yeah I know, hurry up and wait, I'm just antsy after years of dealing with immigration nonsense.

2 minutes ago, igoyougoduke said:

Very interesting if this is even possible once her visa is already issued . My guess is this is uncharted territory but why didn’t OP wife add him before the visa issuance 

Yeah it's one of those weird situations but otherwise consistent with law. Take the flip example of child IRs, F1s, child F2As, F2Bs, and all child derivatives (F1-F4, EB1-EB5, DV) have to be unmarried until you enter US or adjust status. After admission/AOS you are free to marry.

1 hour ago, Mike E said:

IOW, tomorrow.

 

I do not disagree with your reference and I do not see all that happening. Especially since, if embassy is in the eastern hemisphere, by now it is closed for the holiday.

Looking at the FAM the only requirement is that they're married before her entry, not necessarily that the steps to attach OP as a derivative are undertaken before her entry.

"... regardless of the time which may pass between the issuance of a visa to or admission into the United States of the principal applicant and the issuance of a visa to the spouse or child of such applicant and regardless of whether the spouse or child had been named in the IV application of the principal applicant."

Like obviously the consulate will be suspicious and might question the bona fides but there's a world of difference between "bring receipts" and "no, you can't do this". The other source that this site censors the name of also points out an option of contacting the consulate by mail to add OP as a FTJ.

14 hours ago, igoyougoduke said:

 

she is already a green card holder so there is no e34 visa for you. as others have said she will sponsor under the green card holder sponsoring spouse category.  Right now the spouse category of green card holder has a priority date of 08SEP20 which mean it will be about 3+ years before you can immigrate to US

 

i would say get started asap. every day delay puts you back in line 

Not an LPR until she arrives in US. According to 9 FAM 502.1-1(c)(2)(b)(2)(b), it does include spouses and children acquired before admission of the principal:

"Spouse or Child Acquired Before Admission of Principal Applicant:  A spouse or child acquired before a principal applicant’s admission to the United States is entitled to derivative status and the priority date of the principal applicant, regardless of the time which may pass between the issuance of a visa to or admission into the United States of the principal applicant and the issuance of a visa to the spouse or child of such applicant and regardless of whether the spouse or child had been named in the IV application of the principal applicant."

Messy situation but OP should be able to follow to join as an E34. According to ***removed*** (not the best source but google isn't being very helpful) the correct thing would be for OP's wife to show up at the consulate with her visa, marriage certificate, and a DS-260 for OP. If the consulate sent the case back then the correct thing would be to file I-824 and work from there.

4 hours ago, God’s Grace27 said:

Good day everyone, I am trying to renew my EAD & AP under C09 but I don'know  which lockbox to send them to. I will appreciate if anyone can help me with the correct lockbox info to send my applications to.
 

Thank you

As per https://www.uscis.gov/i-765-addresses and https://www.uscis.gov/i-131-addresses:

USCIS Vermont Service Center
38 River Rd.
Essex Junction, VT 05479-0001

23 hours ago, Princeadem said:

I met my wife years ago and she came down to my country for marriage which we did. She applied for fiancée visa owing to the fact that it is faster to get as she couldn’t wait to see me around in the USA. I was however refused for just no cause. We were later advised to file for spousal sponsorship as we are already married. The application has be DQ but I am concerned that the consulate may beam light on the initial claim that I was never married where as I had married. I need help to navigate this concern. Please advice me appropriately on steps to take to address it. Thank you

I mean the cause is correct. K-1 is for fiance(e)s, CR-1/IR-1 is for spouses. Regarding the process just own up to it, explain that you both misunderstood the process and filed the wrong forms. It's not a misrepresentation to not understand something.

Just to confirm one thing, there's no issues with polygamy going on here, right?

3 hours ago, Swimming_Upstream said:

From DHS website: 

FX1	Spouses of alien residents, exempt from country limits, new arrivals
FX6	Spouses of alien residents, exempt from country limits, adjustments

Okay, explain in your own words what do you think this means.

1 hour ago, God's son said:

Hello beautiful people,

 

I got an Rfe in May for medicals. Did the medicals really fast and gave the report to my lawyer who practically dragged her feet to send it. My lawyer sent the medical Rfe by mail 3 weeks ago and I am yet to receive a notice that they received it. Is this typical or should I be worried? It was sent to the local office in NYC office. I have been on this since 2018. Is anyone in this situation? Should I schedule an info pass? Kindly share your experience or advice.

You could ask your senator or congressman to follow up with USCIS if they received it. USCIS doesn't give any acknowledgement for RFEs aside the status getting updated on their website and sometimes that just doesn't go through either.

2 hours ago, Swimming_Upstream said:

Not clear what you are trying to say here. This random chance is not inconsequential. In the last three months (March to May, 2023 total 19 thousand plus FX visas were issued, where as only 6.9 thousand E3 visas were issued. 

Okay I think you are really mis-naming some things here. Explain to me in your own words that you understand "FX" to be.

21 minutes ago, Swimming_Upstream said:

The question still remains: Why are there two categories, and why do we need FX? Can't all of them be under one category of F2A? Who decides who gets FX and who does not?

The reason for this is two fold:

Keeps the queue moving if you can just grab use the FX country-cap exempt. Country reserved F2s keep one country from causing backlogs elsewhere. What decides this? Literally what's available and then just random chance. Like you are really complaining about something random and inconsequential.

Like let me take a step back - the thing you thought was FX does not exist. For EB-1, 2, 3, 4, 5, DV Lottery, F3, F4 (and for children also F1, F2A, and F2B), a spouse or child would generally just tag along on the same petition as the principal and be charged to that quota. Could the principal move first and start an F2A process for their spouse? Sure but that's a waste of time and really only happens in cases where one can't be married (IR, F1, F2B), where sure the son/daughter would immigrate to US, go marry their SO, and start off an F2A for them.

12 minutes ago, TBoneTX said:

HILLBILLY VASECTOMY

A Kentucky couple, both rednecks, had 9 children.  They went to the doctor to see about getting the husband "fixed."

The doctor gladly started the required procedure and asked them what finally caused them to make the decision -- why, after 9 children, would they do this?

The husband replied that they had read in a recent newspaper article that one out of every ten children born in the United States was Mexican, and he and his wife did not want to risk having a Mexican baby, because neither of them spoke Spanish.

 

You know, murder cases frequently go cold there. There's no dental records and all the DNA matches.

Do what Mike E said. Start with the oldest one, even if Hubby and Kid #2 end up overstaying they can adjust out of status anyways. Not that I recommend it, just a heads up if it happens.

Just a question that probably won't apply but still no reason not to ask it, any chance your parents were in the US military, working for the US government, or working for an international organization (think NATO, UN, etc)? Asking because time as dependent of such gets treated as living in US allowing one to pass citizenship via birth to kids.