Alberto Junior

7 minutes ago, aleful said:

hi

 

you just mentioned it, an i864 for your wife and an i864 for her step dad as her joint sponsor

 

 

Thank you so much. Since there are many kinds of form I-864(Affidavit of Support), what kind my wife will fill out and what kind her stepdad will fill out as well. There are I-864, I-864A, I-864EZ.

So both of them will fill out the simple I-864?

My wife is the petitioner of my I-130, and she is also my sponsor. But she doesn't meet the amount of money required so she is going to ask her stepdad to be a join-sponsor.
Do you guys know what kind of Affidavit of Support(I-864) she has to fill and what kind her stepdad has to fill as well?
Thanks a lot in advance

5 hours ago, HRQX said:

Were you admitted for Duration of Status (D/S)? https://fam.state.gov/FAM/09FAM/09FAM030211.html

"DHS has interpreted "period of stay authorized by the Secretary of Homeland Security," as used in this context, to include:

...

(2) For aliens inspected and admitted for "duration of status" (DOS), any period of presence in the United States, unless DHS, an IJ, or the BIA makes a formal finding of a status violation, in which case unlawful presence will only being to accrue the day after the formal finding is made"

Thanks for your help.

I might send an email to NVC so I know what to put there.

5 hours ago, HRQX said:

Were you admitted for Duration of Status (D/S)? https://fam.state.gov/FAM/09FAM/09FAM030211.html

"DHS has interpreted "period of stay authorized by the Secretary of Homeland Security," as used in this context, to include:

...

(2) For aliens inspected and admitted for "duration of status" (DOS), any period of presence in the United States, unless DHS, an IJ, or the BIA makes a formal finding of a status violation, in which case unlawful presence will only being to accrue the day after the formal finding is made"

Yes, I was admitted for D/S

Sept. 30> USCIS requested evidence to prove that my wife became a US Citizen.
Oct. 5> We sent her citizenship certificate by mail.
Oct. 15> Case updated from being a beneficiary of a green card holder to being a beneficiary of a US Citizen.
Oct. 20> Case was being reviewed actively.
Oct. 21> Case Approved!
Oct. 24(Morning)> Case was sent to the Department of State (NVC).
Oct. 24(Afternoon)> NVC received my case and created already a Case number.
Oct. 24(Afternoon)> We paid the Affidavit and the Application fees, and NVC still processing the payment.

Am I the only one who is having things getting moved that fast???

5 hours ago, Boiler said:

Oops was thinking of the other thread, you just had an overstay which may not be counted.

Very nice

Thanks for the support.

22 minutes ago, Boiler said:

Presumably she has visited you, well since you were deported.

Hahah! I wasn't deported. I came because of my Dad's health conditions. She came with me, stayed for about 7 months and had to go because we didn't wanna lose her resident status.

17 minutes ago, carmel34 said:

She wasn't a USC at the time of your overstay, she was only a LPR.  So you did the right thing by leaving the country and doing consular processing.  I hope it eventually works out for you so that the two of you can be together again.  Good luck!

Thank you so much

We have a daughter, and she will be one year old tommorow, but I haven't touched her. Just video calls.

I really appreciate your good wishes.

Thanks a lot

How long does it usually takes for USCIS to send an approved case to NVC?

4 minutes ago, Boiler said:

There is a waiver, unclear if you need one, most Students do not.

I hope I'm one of those who don't.

Thanks once again

I'll just tell them the truth, because if they find out that I'm lying, it will be worse.

3 hours ago, Lucky Cat said:

I strongly advise you to answer truthfully.  The government already knows the answer to that question.  A lie, on your part, will possibly result in a lifetime ban for misrepresentation.   As has been stated, you might already be subject a ban for the overstay.  During the interview, the CO will inform you if you are barred, and if there is a waiver.

Thank you

I'll tell them the truth and hope that there's a waiver.

3 hours ago, Mike E said:

If you lie, they will determine you lied, and deny the visa.

 

I believe you are subject to a ten year bar, and so you should get an immigration attorney.

 

Spouses of US citizens who adjust status within the USA are often excused. But you aren't in the USA.

Thank you so much for your contribution

3 hours ago, Boiler said:

You left you are not adjusting in country.

 

Students are usually admitted DS so you may or may not have accumulated an overstay and subject to a bar.

 

Lying will just add a misrepresentation ban.

Thanks a lot 🙏🏽

I went to the USA as student (F1 Visa) but I didn't keep a good GPA so they terminated my I20. I overstayed for 2 years.

During my overstaying I got married with my girlfriend who was only a Green Card holder.

I left USA on my own in Set. 2018, without any trouble with the justice.

My wife is now a US Citizen and she applied for I-130 for me and it got approved by USCIS.

But on NVC, filling the DS260 form, there is a question about overstaying that I have to answer YES or NO.

If I tell them that I've had overstayed, will impact their decision of giving me a visa?

Aren't the spouses of US Citizen exempt from overstay sanctions?