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navd-0

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Posts posted by navd-0

  1. On 2/4/2023 at 2:34 PM, MJintheUSA said:

    I noticed that you said you submitted your tax returns, have you submitted your tax transcripts? The NVC doesn’t care so much what you are reporting, they care more what the IRS says. I submitted the transcripts and my w-2s only, not my returns. 
    https://www.irs.gov/individuals/get-transcript

    1099 submitted. Basically just following our immigration lawyers advice. 

  2. Hey all,

     

    I've been RFE'd two times now, the first for not handwriting a date on the I-864 (yeah, I know) and the second RFE due to not meeting the minimum income threshold, despite providing evidence in the form of tax returns and W-2s showing income above the income threshold. 

    For the first RFE, our lawyer suggested we just resubmitted a new document with a hand written date, just to appease the NVC. However for second RFE we don't know what else we can provide. I understand that the officials are just doing a checkbox exercise, but what are they looking for specifically if not Tax returns and W-2's. It should be noted that my partner and I have been living abroad for 4 years and she's only returned to American employment in the last few months. We sat on our DS-260 until she had surpassed the income threshold, then provided to the NVC 3 years of tax returns, 3 W-2 slips (showing income in excess of minimum requirements), we attached a contract of employment from a state employer and as double-insurance, we provided a print-out of publicly available State Employee incomes.

    It's obvious to us and our immigration lawyers that we exceed the income threshold, but what else can we provide to the NVC as this is the second needless delay in an already slow ordeal.

  3. I got a second RFE today. Submission was on the 6th Jan (10+ UMT).

    The first RFE was for 'please handwrite date on page 8' this RFE is 'you do not meet income requirements' despite obviously earning more than the income requirements with 3 months of W2  and 3 years of tax returns.  

    Perhaps the NVC can read my forum posts where I admonish their incompetence and are now punishing me. I'll try and draft a letter to my senator and hope they will step in to advocate on our behalf.

  4. On 1/11/2023 at 10:01 PM, ND17 said:

     

    User

    Submitted

    DQ Estimate (1/9 @ 33 days)

    Resubmit?

    DQ Actual

    @ND17

    01/09/2023

    02/11/2023

     

     

    @Ochanosono

    01/08/2023

    02/10/2023

     

     

    @raqell

    01/10/2023

    02/12/2023

    Yes

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    I'm already expecting a document to be rejected.....My husband hand signatured the I-864Z but electronically wrote the date. From my research on this forum and reddit, its about 50/50 chance of getting a RFE as they want the date hand written too. However, on no official NVC instructions or documentations does it state that. We realised the day after he submitted the financials, its very frustrating knowing we are likely going to be delayed a month now. 

     

    It really just depends on who picks up your file! 

    Like you said, nowhere does it say to hand write the date. In fact, it does explicitly say the form can be typed!

  5. Hey everybody, 

     

    How has everyone submitted documents, specifically the I-864? The NVC must have been upset with the clarity of our original documents because they RFE'd us to 'resubmit with handwritten date'; which is obvious bull. 

    We have a lawyer who is suggesting we submit the same document again and that it should be fine this time; which I also don't understand! 

    How did everyone else send the i-864? 

    • Fill entirely digitally and sign via touchscreen/touchpad
    • Fill most digitally, print, sign and scan
    • Print and handwrite entire document then scan
    • Fill document digitally and upload scanned signed page into PDF document.
    • Some other way, that I can't think of. 

     

    Thanks for your help guys, it's frustrating dealing with this minor step in the process. 

  6. 59 minutes ago, Ctavarez90 said:

    From my understanding you HAVE to hand sign the document and write the date. Anything else will issue you an RFE. You can fill out the entire form electronically but you HAVE to physically sign and date the form

    As Devsur pointed out above and on the I864 itself it absolutely does not have to be handwritten. Many others, I would imagine most people who know how to use a computer would have filled in the date on the PDF. 

    This is just the NVC being officious. 

    Unfortunately for me, we used a lawyer and that lawyer is on leave for another 2 weeks and we cannot resubmit the -864 without their signature! 

  7. 6 hours ago, J&R_NY said:

    Finally got to see the message on the ceac site from December 19.

    Please sign and date this by hand in Part 8, Lines 6.a. and 6.b., and replace this form with a new Form I-864 by visiting https://www.uscis.gov/i-864.

    This sucks I'm 100% sure I signed it.

     

    I used a pdf filler so it was probably that.

    Time to wait some more 

     

    Exact same message I got. 

    The signature was entered by hand and the date was typed just like all other boxes. 

    Nowhere does it say the date should be handwritten, on top of that why did they assume the signature wasn't handwritten. 

    Absolute jokes. Submitted on 11 Nov and I bet these idiots will invent a new problem next time.

  8. Update on my dummy NVC email of the 16th.

    I sent an enquiry asking why there has been no update. I have received an email today on the 22nd from the NVC stating, that additional documents are required. I find this hard to believe because we have gone through all the requirements with our lawyer multiple times (and our case is rather simple) in addition there is still no update on the CEAC website about what is required.

    Seems like they are covering up for their delays with bogus emails, or at least making mistake after mistake. 

    IR1.
    PD: May 2021

    DS260 Submitted on 10 November 2022.
    As of today no update on CEAC website, but have received 2 nonsense emails.

  9. 4 minutes ago, ROK2USA said:

    I would consult with a lawyer experienced in waivers... 

    Laurel Scott is often suggested on these boards. Hopefully she'll be able to look through your records and explain your options. 

     

    I would hold off on requesting a transfer until after the consultation. Because it really could be NBD. 

     

    To transfer the case:

    How do I transfer my Immigrant Visa case from one embassy or consulate to another?

    If you would like to transfer your Immigrant Visa (IV) case to another embassy or consulate, please follow the steps below:

    • If your case is at a U.S. embassy or consulate, contact the potential gaining U.S. embassy or consulate in writing to request a transfer of your case.  Please include a justification for the request.  If you are not a resident of that country, specify that in your request.  

    • If your petition is being processed at the National Visa Center (NVC), contact the NVC to request the transfer.  NVC will transfer cases to another IV processing post if parties provide a written request along with the address in the requested country and the proof of eligibility (citizenship/legal residency in the requested country or other documentation). This can be provided at https://nvc.state.gov/inquiry.  In limited circumstances, NVC may need to contact you for additional eligibility requirements.  Note that transferring your case might not result in immediate processing as cases are processed in order based on the date the case became documentarily qualified. 

     

     

    Excellent, 

    Hopefully our lawyer may respond to our emails THIS WEEK. 

  10. 10 hours ago, Bob in Boston said:

    When you get down to it it was 2 brothers duking it out.... back when I was growing up (mid 60 to mid 70s)this was normal behaviour and the police here would never get involved. In the mid 80s Family abuse law was a big thing and they came out with all these new practices. They also wrote into the law that the Police Shall arrest and limited the discreation of the police. I think that this happening between 2 brothers in their youth it will go no where. I would still get as much information as you can from the courts and have your brother write an afidavit that it was just some good old fasion brotherly love. Good Luck

    I'm actually mad at myself for not realising that the Police and Courts are not their to help out the family, rather they're just their to do THEIR jobs. 

    I remember vividly being asked 'Did you strike him' and I said no at first but then mentioned 'wait yes, I went to grab something and pushed past him to get it' and that became a whole thing for the police and courts, I didn't want to lie about anything, but they really latched on to some of the keywords I said.

  11. 7 hours ago, Family said:

    One thing that would answer a lot of questions right off the bat is that if the CIMT exemption applies to me?

    In the US my conviction carries a MAX sentence of 6 months, however the same simple assault (which in the US is not CIMT) when carried out in Australia has a max sentence of 2 years.  I had a look at the police stats and less than 5% of people are ever actually sentenced for the crime, most like me are just told to behave for 12 months. 

    If the exemption applies to US Federal rates of sentencing instead of Australia we're back to this being a minor issue. 

  12. 7 hours ago, ROK2USA said:

    CO's can and do determine if a crime is one of moral turpitude... 

    If CIMT is found one needs to complete a waiver. It prolongs the process by about a year.... 

    https://www.visajourney.com/sitesearch/?cx=partner-pub-3407508467788263%3A9725800110&cof=FORID%3A10&ie=UTF-8&q=CIMT+waiver+consulate&sa=Search

     

    I would prepare as if a waiver is needed.

    @navd-0 I'm not sure if you want to re-consider where you interview takes place... in the UK or Australia. In case a waiver is required are you able to stay in the UK for another year or so?

    Also, if I remember correctly you have traveled to the US under ESTA... 

    Were you arrested when the your mom called the police? You might have received an ESTA when you weren't eligible. 

    I would definitely consult with a lawyer. 

     

    Hopefully I am thinking worst case scenario and this won't make a difference.... 

     

     

     

    Thanks for your response ROK2USA,


    ESTA is managed by CBP which is a sister agency to USCIS, as such they interpret the same laws in a slightly different fashion. 

    ESTA very clearly asks if I have been involved in a 'crime that has caused serious bodily harm' (which is close to the CIMT definition of assault). I obviously have not been involved in such a crime, therefore I tick 'no'. From my limited few hours of research into CIMT I can surmise that my conviction does not involve CIMT, however I am worried about chancing that to some random border official or immigration judge (the same people that sat by as children were separated from parents and put in cages!)

    I am completely unsure as to how to change interview location to Sydney, it's starting to seem that would be the best route. In addition will I have to hire another lawyer to deal with the criminal record, as our current lawyer is a bit more barebones about such things. 

     

  13. 3 minutes ago, Mozillaman said:

    Ah yes, bad parenting strikes again. You may also want to look to see if you can have your record expunged in your home country, with a signed affidavit by your brother that should be doable, and a record of the charge being expunged should carry a fair bit of weight moreso than trying to explain it. It may be an issue later in life, not just right now, to have that on your record.

    The crux of the issue as far as I can tell is what constitutes a CIMT 'Crime Involving Moral Turbidity' as that is the only test that matters. As CIMT is not clearly defined it leaves a lot open to chance, which is frightening. 

    Legal scholarship has CIMT down to grievous harm or simple assault + deadly weapon. It looks as though I should be completely fine, but I just cannot find anything or anyone giving concrete information.

    6 minutes ago, Bob in Boston said:

    not true, depends on the state and the statute. in Ma A&B is a misdemeanor offense and carries a sentence up to 2 years in house of correction. Domestic A&B is also a misdemeanor but the catigory (domestic) makes it more serious with a manditory arrest.

    The crux of the issue as far as I can tell is what constitutes a CIMT 'Crime Involving Moral Turbidity' as that is the only test that matters. As CIMT is not clearly defined it leaves a lot open to chance, which is frightening. 

    Legal scholarship has CIMT down to grievous harm or simple assault + deadly weapon. It looks as though I should be completely fine, but I just cannot find anything or anyone giving concrete information.

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