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acidonyx

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Posts posted by acidonyx

  1. We went through a similar process recently so I can share what I know regarding some of your questions.

     

    First of all keep in mind that IR1 Visa will grant you the Green Card Immediately upon getting admitted to US, no need to turn it into GC lately.

     

    Now regarding your questions:

     

    1) Yes, your husband fills up the i-130 petition to get you an IR1, it is the only way to move forward with US husband petitioner.

     

    2) The most challenging part of your case will be proving that your husband is in fact intends to reestablish the US Domicile. Having US lease agreement and job offer from US company will help a lot, but there are many other things you can do too. Here is a good online article on this topic - https://citizenpath.com/reestablish-us-domicile-filing-form-i-864/ . As long as you will have the sufficient documentation to convince the CO that your husband will admit to US at the same time as you, there is no need for him to move there earlier. On other hand, if you fail to provide sufficient documentation, it might result in the requirement for your husband to move there first and establish the domicile prior continuing with your case.

     

    3) You can use additional sponsors to reach the income requirements, just make sure your co-sponsor will have his taxes in order and can provide you with his tax return information, preferably for the past 3 years. Having additional sponsor will not decrease your chances, it is quite common to have one, especially when a spose living abroad with you.

     

    4) This is where I don't have any information. I just know that the sole reason for getting a sponsor is to guarantee you will not become a public charge, I am not sure if having a disability will put you into relevant category or not, you should research this thoroughly or ask an attorney (AVVO is a great free forum to pick attorneys brains).

     

    5) The challenging parts of your case that you have to pay close attention are: Re-establishing US domicile, situation with disability (not 100% sure about this one). Also, you have to make sure your husband files his taxes with US IRS for the past 20 years - it is required by law.

     

    If you think you can go through instructions yourself (such as i-864 instructions, i-130 instructions etc) then you might do it on your own, but I would still advise to get a lawyer if you are unsure, since even a minor error can result in unwanted delays or worse.

     

    I am sure someone else more knowledgeable on this forum will chime in with more info soon :)

     

    Good luck to you!

  2. 2 minutes ago, 0580nvc said:

    The ir1 category is scheduled interview right away after DQ. I am F2A and no sign I would receive invitation till the next summer unfortunately 

    If you are from Belarus, you should get it before Russian transferees in your category as well - there is a ir1 transfer from Russia in this thread that had to wait few month for NVC to schedule the appointment, yet Polish/Belorusians get scheduled right away at normal pace. So fingers crossed you'll get it sooner than you're anticipating, especially since Warsaw interviews seems to be going at higher than pre-COVID volumes these days (at least in ir1 category).

  3. 11 minutes ago, AlexTragedy said:

    Hi! Random question, since you got your DQ in July, are you waiting for the interview letter to go get the medical check or you already did it?

    I'm wondering how quick it should be done after DQ (we got DQ last week).

     

    Thanks and good luck!

    Remember that the medical check results only valid for 6 months and expiration of the immigration visa (IV) that you'll receive at the interview is 6 month minus the amount of days since your medical check date. In these uncertain times and with no reliable timelines of getting Interview Letter, I would sure wait for it first or you can end up taking another medical check in 6 months or can get an IV with shorter than desired duration.

  4. On 9/5/2021 at 9:28 PM, Kvickers4 said:

    Based off what I’ve read there seems to be a lot of nvc errors lately 🙄 I’d call them just to confirm everything is fine. 
     

    we were asked to submit documents that we already had and they approved. When we called they said they didn’t know why we weren’t DQed and sent to supervisor review. 
     

    I came across a few posts on Facebook this past week from other people who got contradicting information from the NVC
     

    Just called and everything is fine indeed! Wish you to get DQ as well soon ;)

  5. Just received 2 emails from NVC: 1 saying status updated and second saying the case becoming Documentarily Qualified.

    Upon logging into CEAC there is a new message in Messages with title "All required applicant documents have been received and approved" and body message "DOCUMENTARILY QUALIFIED".

    However, on the CEAC home page in the column "Affidavit of Support Documents & Financial Evidence" it shows "INCOMPLETE" for both of the sponsors...

     

    Did someone else encountered this?

     

    I wonder if this a temporary issue due to system not being update or is this something I have to be concerned about?

    P.S: My NVC submission date is June 28.

  6. On 8/25/2021 at 3:30 PM, maxbuo said:

    Interesting. It is an awkward thing to have to be in Warsaw so long and it is expensive. I am most worried that we would face consequences for the extended stay, even with a valid visa. Not much to do I guess unless you want to wait until Poland reopens to Russians.

    You can also have your medical test in Minsk, Belarus, will be cheaper than stay for weeks in Warsaw for sure.

  7. 41 minutes ago, Kvickers4 said:

    Also, possibly some good news. It looks like they are working to make Biden's immigration reform part of the federal budget which should be passed September 30th. I know originally part of his reform was to allow people with approved I-130's to enter the states and wait for their green cards there. So the immigrant would be unable to work, but at least everyone would be together.

     

    I'm not claiming this will happen, but it looks like a real possibility! Hopefully this can get all of us home for the holiday season🙂

    I wonder would that mean they will be having their interviews in US USCIS centers instead of abroad embassies? :D

  8. No worries, the link in my previous post is from USCIS site and I did read many other contradicting things regarding it too, that's why I take preparations for meeting the requirements for showing the intent to re-establish US domicile very serious. I have a list of many other documents lined up and ready to attach, it is just the wording part of the lease agreement is what I am was not sure about.

  9. 3 minutes ago, JeanneAdil said:

    What does domicile mean?

    Domicile is the place where a sponsor has his or her principal “residence” with the intention to maintain that residence for the foreseeable future.  To qualify as a financial sponsor, a petitioner must be domiciled in any of the States of the United States, the District of Columbia, or any territory or possession of the United States. 

     

     

    How can a financial petitioner establish a domicile?

    A petitioner who is unable to demonstrate that he or she is domiciled in the United States who wishes to qualify as a sponsor must demonstrate that:

    • He or she has either already taken up physical residence in the United States; or
       
    • He or she has taken concrete steps to establish a domicile in the United States and will do so concurrently with the applicant no later than the date of the intending immigrant’s admission.

    Yes, I am aware of this and i-864 instructions (https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf) state similar:

     

    "If you are not currently living in the United States, you may meet the domicile requirement if you can submit evidence to establish that any of the following conditions apply: 3. You intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant’s admission or adjustment of status.".

     

    As far as I know, getting a Lease Agreement is one of the most critical concrete steps showing the intent to reestablish the domicile along with securing a US Job among other things. 

     

    We haven't spent a day apart for the past 7 years of marriage and are intending to fly together to US so fingers crossed :)  

  10. Hi all! 

     

     

    My husband and I (USC) both live outside of US for many years and now planning to come back.

     

    My i-130 petition got approved and we are currently at NVC stage and preparing the documents to submit along with i-864.

     

    I know that proving the intent to re-establish the US domicile will be the most crucial part of the interview, so we want to do it right.

     

    Our friends will lend us a hand by renting their New Jersey guest house for a year to us upon our arrival to US. They could simply write a letter explaining their intent, but we've decided to go the official rote with formal Lease Agreement and all.

     

    We want to submit the lease agreement to NVC now but, since the date of the interview is unknown at this point and outcome is uncertain, my question is what should we put down as a lease start date? The house will be available for us as soon as we land in US.

     

    Does anyone else experienced this or have any advice?

     

    From what I've gathered around the web, some people use some conditional clauses without specified start date, but I can't seem to find any templates or examples of this.

     

    Thanks in advance ❤️

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