Frustrated2NoEnd

I think indeed it is a shame that folks can be extremely judgmental, or outright offensive and slandering. However, I don't think there is much one can do --- besides, trying to do so is also judgmental, in a way. Remember you have the option of placing folks that irate you on ignore.

Good luck to you and peace, L.

Thank you for your feedback Len_and_Bren. It was truly appreciated.

Good luck to you also.

Getting along is boring.

I agree with what you said a couple posts above ''starting their post asking others not to offer their opinion on their personal situation but just to respond to their question at hand'' that you are not the only one who has noticed that.

Maybe you're still too new to this forum, but it's a constant thing: you ask for advice, people express their opinion, and some people will do that in a judgemental way.

This is true, gotta take the good with the bad.

I don't mind taking the bad IF the person giving it to me knows the WHOLE story. How can you judge a book if you haven't read it all the way through? As I said before, people that post on here are frightened and don't necessarily write "the whole book" but give a brief narrative.

I agree with what you said a couple posts above ''starting their post asking others not to offer their opinion on their personal situation but just to respond to their question at hand'' that you are not the only one who has noticed that.

Maybe you're still too new to this forum, but it's a constant thing: you ask for advice, people express their opinion, and some people will do that in a judgemental way.

You might be right... maybe I am too new to this forum. I just thought that what I was seeing was a shame. When an employer reaches out to the forum to try to help his employees' family and is berrated for hiring someone with a fake SNN... I had to say something. How many people now-days would extend themselves that way? I wish more people would be so willing to "help thy neighbour".

Getting along is boring.

Bring on the drama huh? lol

OMG I totally need to take some time to think about that profound conclusion that you've reached.

Now seriously, it's a public forum. People are entitled to express their opinion. If you expect to post in a public forum for strangers to give you their input on the subject, you should be prepared to read their opinion, which won't necessarily coincide with what you want to hear.

Well put

I'm sorry you feel that way. Perhaps if a person posted an accusation towards your situation you would feel different? I do wish you all the best in your endeavor.

They have many times on here and on other web sites I have visited. There are stupid mean people everywhere. I do know how you feel.

That being said, as others have pointed out, this is a public forum and open to everyone to express their opinion. I would hope it would be expressed in an adult and constructive way; but, even words spewed without thinking of the consequences are sometimes helpful. I take everything posted with a grain of salt....if it's helpful it is and if it isn't, maybe it is helping someone else. I don't like personal attacks for the sake of just attacking someone. There are some on here, though, that take everything too personally. It's such a fine line sometimes.

Know that this site is helpful and you have to just pick and choose what is useful to your situation. Ignore what isn't.

That's wonderful advise. Many times I have stopped reading the thread because of someone's attitude (I just couldn't be bothered with the way that the subject was turning).

I love your wedding picture btw... I came across it over the weekend and showed it to my husband.

Thank you so much for your reply. Good luck to you!!!

OMG I totally need to take some time to think about that profound conclusion that you've reached.

Now seriously, it's a public forum. People are entitled to express their opinion. If you expect to post in a public forum for strangers to give you their input on the subject, you should be prepared to read their opinion, which won't necessarily coincide with what you want to hear.

True. But then, there are a couple of old adages "If you can't say anything nice, then don't say anything at all." For many people, this may have been their first time on something like this which is intimidating in itself. Attacking someone or demeaning them on the board is only going to make them reluctant to post again.

Thank you for your comment. Good luck to you and yours.

OMG I totally need to take some time to think about that profound conclusion that you've reached.

Now seriously, it's a public forum. People are entitled to express their opinion. If you expect to post in a public forum for strangers to give you their input on the subject, you should be prepared to read their opinion, which won't necessarily coincide with what you want to hear.

Well put

I'm sorry you feel that way. Perhaps if a person posted an accusation towards your situation you would feel different? I do wish you all the best in your endeavor.

Frustrated,

What kind of replies are you referencing? I agree that a lot of times you have to suck up what other people write in a public forum because people are entitled to give their opinions. However, even public forums have limits, same thing on the streets. You can't go along cursing others out just because it's a public space so why should here be the same?

Guess it all comes down to what was said or not...

Thank you so much for your input. I read everyone's comments before posting and I completely agree... "even public forums have limits".

I'm with Nessa on this one. Public forums are filled with, ahhh, public opinion. You are going to find debate and rib poking just the same as in any place where people of differing backgrounds come together for discussion. We can only support others opinions or make and defend our own. VJ would be nothing if all it were was a place lacking emotion (positive and negative). The way it is is the reason we all come back the next day.

OMG I totally need to take some time to think about that profound conclusion that you've reached.

Now seriously, it's a public forum. People are entitled to express their opinion. If you expect to post in a public forum for strangers to give you their input on the subject, you should be prepared to read their opinion, which won't necessarily coincide with what you want to hear.

I have read through all of the responses above and I agree... it is a public forum. However... people post on here looking for opinion on their specific issue(s) relating to the immigration process... not to have an opinion or accusation posted about their "intentions". These are the assumptions that I am speaking to.

Oft, you will see people immediately starting their post asking others not to offer their opinion on their personal situation but just to respond to their question at hand. This tells me that others are also seeing what I am seeing.

Moreover, "s-p-e-l-l-i-n-g" (yes, I have seen a reply like this) things out to someone is demeaning and unnecessary.

I personally don't believe that I, or anyone else for that matter, should be placed in a situation (especially in a public forum that is supposed to offer insight and encouragement) where one feels that one has to "defend" themselves or their actions.

The reason for this post was to merely point out what is happening and courage others to "think" about what they are saying before saying it. Obviously, looking at the responses, I have accomplished just that by you all responding and I thank you for your opinons on this subject.

We have just filed for AOS..my daughter is not adjusting well..and on the brink of going home to her dad..I need some help on my options...

she goes home before her AP..does that mean she can NEVER come back to the states?

she waits for her AP..goes to visit her father in the summer..and decides to stay in Canada..then what?

I take her home..and we abandon AOS..what does that mean to future travelling in the states?

I am so stressed..I knew she would have an adjustment period..i just assumed she would adopt..not try and bail...

any advice would be most welcome..thanks

S

I'm so sorry Shawna...

I did a quick search and Dan & Gemvita were right:

Advance Parole Required to Leave While Adjustment is Pending

According to 8 CFR §245.2(a)(4)(ii), an application for adjustment is considered abandoned if the alien leaves the United States while the application is pending. However, the alien may apply for advance parole prior to departing the United States to ensure that his or her application is not deemed abandoned. Advance parole is available for any legitimate personal or business reason.

Notwithstanding the above, on June 1, 1999, USCIS published an interim rule that allows H-1 and L-1 nonimmigrants (and their dependents) to travel outside the United States without abandoning their applications for adjustment of status, making advance parole unnecessary for these aliens. The interim rule was published in 64 FR 29209.

http://www.americanlaw.com/aos.html

Basically, if she left and wanted to return you would have to start the process all over again. See the attached link for the process:

http://www.uscis.gov/portal/site/uscis/men...00048f3d6a1____

I'm not sure how USCIS would look at it though if she had already abandoned the process previously. Also, you need to be aware of the timing out process if she turns 21 before approval.

Hope this helps....

I suggest beating. It works on Jordan when he gets in his "I'm moving back to England!" phase. A good beating will cure lots of problems.

LOL Spoken like a true Brit! Shake 'em I say! Shake the $__+ out of 'em!

If your hubby is the USC, you can contact your local State Government Agency and order a Certified Copy of the Certificate - you didn't say in your post so I'm thinking he was born in the USA. Sometimes, you can pay a little extra and they will expedite the process for you. Otherwise, you would require the Affidavits. Personally, I would try to get as much information as I could - more is better I think.

Affidavits should always be Notarized and USCIS wants a Certified copy of your marriage certificate.

I believe (I'm just going from memory so you may want to confirm this), that most legal documents should be notorized/certified and that the instructions will tell you what is acceptable.

Good Luck!

Thanks for your advice...

Yep, he was born in the US. I guess he has to make some phone calls to see if he can get a certified copy expedited to him. It would save a lot of time if we just had the birth certificate!

In many instances, they never specify whether copies should be notarized or certified. I have never had to notarize or certify anything (from what I remember), so I don't know the cost - but if it won't cost an arm and a leg, I'll probably play it safe and notarize/certify everything I'm not sure about.

NP! Anytime... We had to do the same thing for myself and my husband.

I've found out that most US banks and Companies themselves have in-house Notaries. Get your husband to ask around... you may be pleasantly surprised! Check at your local grocery store that has a bank in it...

Hi,

My husband and I are new members but will be posting a timeline soon!

We actually hired an attorney to prepare my husband's AOS package in hopes of avoiding silly or serious errors being made due to our inexperience with this whole process. After collecting all of our information and payment, our attorney completed and submitted our package by regular mail on 2/11/08. To my dismay, on 2/26/08 my husband and I both received rejection notices (he for I-485, me for I-30) due to incorrect filing fees. Don't really understand how our attorney could have made this mistake considering the new fees have been in effect since 7/30/07 (especially for someone who claims to submit these pretty regularly). Then on 2/27/08 my husband received another rejection letter for his I-765 due to our attorney failing to complete some sections on the application. Now, we are waiting for the entire application to be returned for correction and resubmission. Not sure if it will be returned to us or our attorney but I assume it will be returned to our attorney since he was the preparer and he submitted it with his own personal check after receiving payment from us.

At this point, we are beyond angry . Both at our attorney for being so careless and at ourselves for having left this totally in his hands without doing our own research. Has anyone had experience with this sort of thing before? If so, in your experiences is the waiting time to get the package back long? And is the processing time of the resubmission long as well? I know every case is different but it would be great to have an idea of what we are up against.

Thanks, Guys

I'm so sorry to hear about your problems with the lawyer. Our story is that we initial given "partial" information from a lawyer and USCIS which led to a decision that turned could possibly have detrimental consequences for us. We found another lawyer and were given a "checklist" before we could sign to hire the firm. We followed the checklist but each time we tried to make the appointment, we were told of another document or evidence we needed - one at a time. After many attempts to make the appointment numberous times (causing us to further overstay), we started our own research and have decided to file on our own before the situation gets any worse than it already is! That having been said, I would suggest that you do your own research and don't be afraid to question the lawyer if something doesn't sound right or if your research shows something different - this is your family at stake! Also, if you call USCIS and again, the answer just doesn't seem right, call again! We had to do this and had to sometimes take the best 2 out of 3 answers (get the name of the individual and their agent # - keep notes!)

We are still in the process of assembling the package so I can't really give you any time frames but I have noticed that it varies depending on the processing center and the completeness of the submission and you unfortunately know.

Good Luck!

Hey guys!

Can anyone toss me a link to the site that shows the poverty guidelines for this year? I've been scanning through I-134 posts and can't find it...

Thanks a Bunch!!

~Chris & Shawna

I'm not endorsing this guy (smile) , I just did a quick internet search for you....

http://www.us-immigration-attorney.com/pov...-guidelines.htm

Hope it helps!

Hey all..

Doing some prep work for the I-130. My hubby (I'm the beneficiary, he's the USC) is in the process of amending his birth certificate, therefore we can't provide it in the package. From the instructions, it states that we need to provide a letter from civil authority stating that his birth certificate isn't available at the time. Also, secondary evidence, including a church record, school record, census record, and affidavits sworn to or affirmed by two people who were living at the time and who have personal knowledge of the date and place of his birth.

Question - do we need ALL of those documents, or as many as possible?

Unrelated questions:

- For the affidavits (for his birth and for our marriage), should they be notarized?

- When they ask for copies of certain documents (marriage certificate, divorce decree, church record, school record, census record, etc...), do they need to be certified? Or do simple photocopies suffice?

Thanks

If your hubby is the USC, you can contact your local State Government Agency and order a Certified Copy of the Certificate - you didn't say in your post so I'm thinking he was born in the USA. Sometimes, you can pay a little extra and they will expedite the process for you. Otherwise, you would require the Affidavits. Personally, I would try to get as much information as I could - more is better I think.

Affidavits should always be Notarized and USCIS wants a Certified copy of your marriage certificate.

I believe (I'm just going from memory so you may want to confirm this), that most legal documents should be notorized/certified and that the instructions will tell you what is acceptable.

Good Luck!

I haven't been on this site for very long and I have find most of the information very useful and have met some really nice, helpful people HOWEVER, in reading posts and some individuals replies, I feel the need to vent a little frustration.

Everyone here is basically in the same boat; confused, worried and scared. As a result, questions are sometimes posted to the board in a vague manner without full details of events that may have transpired. In searching for answers or guidance I have come across some really sarcastic, nasty, assuming and accusatory responses to people's queries (yes, I have had it done to me also which is why - until this post - I have refrained from posing anymore questions to the board). This site is intended to help, support and encourage each other during these times.

No one person here; that I know of, is an expert in Immigration Law and even a lawyer themselves will tell you that they don't pretend to know everything. So, before you put your hot little fingers on the keyboard, please remember that when a person is hurting and scared, the last thing they want or need is a slap in the face! Keep your answers directed to the question at hand and if you need further information from the member in order to understand clearly what question they are posing, ask for it specifically without the harshness. Spelling things out with "hypens" between the letters is just cruel and uncalled for. Jumping to conclusions on someone's motives for being here is not your place unless you have walked a mile in their shoes and know, step by step, what happened along that path.

Remember, it is not your place to assume.... how would you feel if it were the IO that was making negative assumptions about your case without fact or without giving you the opportunity to clarify and provide further evidence?

Think about it......

Hi,

So I finally decided to play it safe and asked my brother to be a joint sponsor so there will be no doubt about the ability to support my wife.

1. My main question is does my brother fill out the I-864A, the I-864, or both? I thought he only needed to fill out the I-864A, but I read in a recent thread that he needs to fill out the I-864 instead. What is the I-864A for?

2. Does my brother need to have the I-864/I-864A notarized?

3. If the I-864A is necessary and it is required to be notarized, how do we go about it since the I-864A requires both our signatures, but we live in different countries.

Thanks,

John

1. If your brother lives in the same home you fill out the I-864A and the I-864. (Taken from the form: "Form I-864A, Contract Between Sponsor and Household Member, is an attachment to Form I-864, Affidavit of Support" for your reference);

2. It does not need to be notarized (more than likely because your attachments are proof);

3. If your brother has access to a PC, he can download the forms and courier/express mail them to you. An original signature is required.

Suggestion: you may want to research this further if your brother does not live in the US and is going to be your Joint Sponsor. As your Joint Sponsor, he is stating that he will be financially responsible in the event you cannot support the intented immigrant. If he is in another country, then the US may not have any means to enforce this.

I hope this information helps. Good luck to you and yours.

Its all on the form - How do I count Household size.

The Joint Sponsor counts differently than the Sponsor as advised by USCIS.

That would depend, it could be the same.

The JS could have their own dependants plus these immigrants and maybe even other immigrants they have sponsored.

So a minimum would be 1 plus the number of immgrants, there is no theoretcial max.

Thanks Boiler. Since we couldn't find an answer anywhere on the government website, we called USCIS this morning. The Agent told us that the Joint Sponsor lists all of those the Sponsor claimed (including those dependents that lived outside the home) plus themselves and their dependents. This wasn't sitting well so we called back getting a different Agent this time. This Agent told us that the Joint Sponsor would only detail those immigrants being sponsored. Hmmmmm.... ....Okay! So we decided to try a 3rd time since we were getting contradictory information. This time we spoke with a completely different Agent (so 3 different Agents now). The third Agent confirmed what the 2nd Agent Stated...that the Joint Sponsor is only to list themselves, the dependents in their home/taxes, etc, and the individuals being sponsored on the I-864. We have decided to complete the form based on the best 2 out of 3 answers.

The children's father does not support them and does not have frequent contact with them.... his choice, not mine. We are also in the process of obtaining "legal" custody as he would not co-operate with me on a mediator while we were there due to the fact that child support is mandatory. Hopefully, everything will work out well and a visitation schedule can finally be arranged.

Big red flag, this strikes me as being a potential major issue. See Hague Convention.

Thank you for the comment. I'm aware of the Hague Convention however, there are other circumstances involved that lead me to believe that this will not be a concern. If you re-read my post, you will note where I stated "his choice, not mine".

From our research (my mother-in-law has been a God send!), we understand that there is a difference between a "Co-Sponsor" and a "Joint Sponsor". A "Co-Sponsor" is a relative and resides in the same home and the co-mingling of earnings/assets is permitted. A "Joint Sponsor" can be anyone and does not need to reside in the home. This leaves us wondering... WHY does the Joint Sponsor need to qualify for others outside the home when they are specifically stating that they are sponsoring only those individuals named on the form? In the event that something happens to the Petitioner and he/she can't support the family, the Joint Sponsor is responsible only for those that aren't citizens and that are sponsored.

Re read the I-864, no such thing as a joint sponsor, your Husband is the Sponsor. He may nneed a co sponsor, USC or LPR resident in US.

Extract from the I-864:

What Is a Joint Sponsor?

If the person who is seeking the immigration of one or moreof his or her relatives cannot meet the income requirements, a"joint sponsor" who can meet the requirements may submit aForm I-864 to sponsor all or some of the family members. A joint sponsor can be any U.S. citizen, U.S. national, orlawful permanent resident who is at least 18 years old,domiciled in the United States, or its territories or possessions,and willing to be held jointly liable with the petitioner for the support of the intending immigrant. A joint sponsor does not have to be related to the petitioning sponsor or the intending immigrant

My husband can support us financially... things are tight but we're managing... but honestly.... how many people make 125% above the poverty line without 2 incomes coming in? I certainly understand the reasoning behind the rule and have no intention of coming to the US to end up in the "system" as I have always worked I just feel for those people who are making very little.

125% is very little. You can do it on minimum wage.

...Depending on the number of individuals you have to claim as being in the household. Regardless, this was not the original question. The original question was.... Does the Joint Sponser have to claim the same number of individuals as the Sponser even though they are only sponsoring the intended immigrant(s).

Re read the I-864, no such thing as a joint sponsor, your Husband is the Sponsor. He may nneed a co sponsor, USC or LPR resident in US.

Joint sponsor is the correct term, not co-sponsor.

What Is a Joint Sponsor?

http://www.uscis.gov/files/form/I-864.pdf

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Thanks for the head's up Irene... I'm going to go back over my research and double-check.

Re read the I-864, no such thing as a joint sponsor, your Husband is the Sponsor. He may nneed a co sponsor, USC or LPR resident in US.

Joint sponsor is the correct term, not co-sponsor.

What Is a Joint Sponsor?

http://www.uscis.gov/files/form/I-864.pdf

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Oops, wrong way around, senior mement.

But the principal remains the smae.

lol... no worries... my head's spinning so much with all of this reading, I think I'm getting "Old Tymers" myself!

Ha...I didnt realize she was Canadian....you do not receive an I-94 as a Canadian. Just state that you entered as a Canadian on yur paperwork.

I didn't realise the Canadians used the VWP and didn't get the I-94

Yes we do and no... I have NEVER gotten an I-94, whether driving across or flying. I'm not sure whether or not that will change with the new restrictions that are coming into play.

Thanks for your comment babblesgirl. Good luck to you and yours!

I wouldn't worry too much about the 30 day thing. They think that if you got married within the firtst 30 days, that this was your original intent when you entered the US. It's up to you to convinc them otherwise should the issue arise.

Secondly, what happened to your I-94's that the flight attendents passed out on the airline before you arrived. Didn't you fill them out and present them to immigration when you arrived?? They are required when you enter via the VWP.

You will require permission of your childrens father to emigrate to the US.

See an EXPERIENCED immigration attorney...lif only for an hour to get answers to all your questions....If your husband can't support you and your kids and his kids...I w'ont even talk about the problems you will have as a married couple, but the possible immigration problems..;.I think the co-sponser will have to show enough for his immediate family + six more, but I'm not sure in total.

Do NOT leave the US without a green card, as you will not be getting back in. I'm not even sure tht I would leave with an AP document under the circumstances. I hope you get along with the ex as he could insist that his kids be returned.

Thank you for taking the time to respond desert_fox. I understand that they do claim that it was our original intent having married within the first 30 days but we do have the itinirary showing that we were scheduled to go back - basically we lost that money. Also, I have my pink slip from work showing that I resigned after the fact after having worked there for 14 years.

Whenever I have flown, I have never received an I-94. The only paperwork that I had filled out was for Customs (Duty) with which, I never had any paper or slip returned.

The children's father does not support them and does not have frequent contact with them.... his choice, not mine. We are also in the process of obtaining "legal" custody as he would not co-operate with me on a mediator while we were there due to the fact that child support is mandatory. Hopefully, everything will work out well and a visitation schedule can finally be arranged.

From our research (my mother-in-law has been a God send!), we understand that there is a difference between a "Co-Sponsor" and a "Joint Sponsor". A "Co-Sponsor" is a relative and resides in the same home and the co-mingling of earnings/assets is permitted. A "Joint Sponsor" can be anyone and does not need to reside in the home. This leaves us wondering... WHY does the Joint Sponsor need to qualify for others outside the home when they are specifically stating that they are sponsoring only those individuals named on the form? In the event that something happens to the Petitioner and he/she can't support the family, the Joint Sponsor is responsible only for those that aren't citizens and that are sponsored.

My husband can support us financially... things are tight but we're managing... but honestly.... how many people make 125% above the poverty line without 2 incomes coming in? I certainly understand the reasoning behind the rule and have no intention of coming to the US to end up in the "system" as I have always worked I just feel for those people who are making very little.

Again, thank you so much for your insight. Any and all information is always truly appreciated.

First time posting so please forgive me if this doesn't end up under the right forum.

Brief synopsis: Came for a visit to see my Sweetie with my kids. When it was getting close to the time we had to go back, we hated the thought of being apart and knew we wanted to get married so we started calling around to find out what the process was for us to be able to get married and come on a Fiance Visa. Called a lawyer and was told over the phone that we could stay - we would be nuts to leave since we were already in the country and that there are new family reunification legislation and the new K visas. The lawyer told us to get married right away. This information on staying was confirmed by a call to USCIS. We were all so happy!! We got married the following Friday.

Since we abandoned everything back home, it took a while to wrap things up and get some of the documents that we would need. As a result, we didn't get in to consult with a lawyer (the first one we talked to was changing practice areas and going to work for a Company as their in-house Consultant) until November when we were told we got married too early... 2 days too early! Had we gotten married after 30 days from the date of landing, we would have had a better chance had we been married on the Monday instead of the Friday. As a result, our marriage will automatically be deemed Marriage Fraud (looking at jail time, $250,000 fine and a lifetime ban)!!!

We're sick of getting the run around from the lawyer (everytime we call to go in and hire her and start the process of filing the Adjustment of Status and Temp Work Permit, she tells us we need another document before we can make the appointment) not to mention that I get nervous now when I have to correct the lawyers on changes to legislation so we've decided to do it on our own.

Here are some of our first questions:

I-94 Since we were only coming for 3 weeks, I didn't apply for a Visitor Visa, we didn't get an I-94 and our passports weren't stamped by officials at the airport. What do we put on the forms?

From our research, there is a difference between a "Co-Sponsor" and a "Joint Sponsor". We have a "Joint Sponsor". My husband has 2 children who live with their mother. If our Joint Sponser is sponsoring the 3 of us (myself and 2 children), does the Joint Sponser have to earn enough for 7 people (my husband, his 2 kids that live outside the home and he doesn't claim on his tax return, myself and 2 kids as well as the Joint Sponsor themselves (there is no one else in the Joint Sponsor's household))?

On the I-864, what line do you use from the tax return... 22. Gross Earnings or 37. Adjusted Gross Earnings?

Will I need a copy of the custody papers for my kids and if so, at what point will they be required?

Any help and reference points (i.e. website names or links so that we can research - please, I don't mean to offend, just paranoid now!) would be greatly appreciated.