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Everything posted by smilingstone
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Help with immigration of my fiancé
smilingstone replied to Ealenon's topic in General Immigration-Related Discussion
Well you will have to evidence stable income. I imagine that a salaried position that pays X per year would fare better for early sponsorship than something paid hourly, gig work, or heavily reliant on tips, unless you have a contract that guarantees a minimum amount of hours that equates to the required income. I'm assuming that your comment of getting a job at any time means it would be entry level work, which isn't ideal for sponsorship. If so, I'm also assuming you will be in a college town/city, so job market will be incredibly competitive for entry level work. You may not get a job as soon as you'd like. You'll also have to provide evidence of filing taxes for the year prior to filing at minimum, but past 3 years are advised. -
I485 denied
smilingstone replied to Amber Thompson's topic in Adjustment of Status Case Filing and Progress Reports
I-130 isn't needed for a K1 to adjust. Only I-485, and then the I-764 and AP petitions if needed. Really hope you didn't pay the person who told you to file the I-130... Denied I-485 means your husband is now out of status and is at risk of deportation. His EAD is now also invalid so he cannot work. If he returns to the UK, you may have to go the spousal route as K1 is expired upon first entry, and he will be without a valid visa for re-entry. You need to refile entirely new I-485 and I-764 with current fees - check this incase they have increased since his original filing. -
Help with immigration of my fiancé
smilingstone replied to Ealenon's topic in General Immigration-Related Discussion
For a K1 visa, you will need 2 affidavits: I-134 at interview stage, where you will need to evidence meeting minimum of 100% of the poverty guidelines. Joint sponsors are not always accepted at this stage, depending on consulate. I-864 (and I-864a if needed) at AOS stage after marriage once the beneficiary is in the US, where you will need to meet a minimum of 125% of the poverty guidelines. For a spousal visa, you will need 1 affidavit: I-864 (and I-864a if needed) at NVC stage, before interview. Spousal takes a little longer than a K1 and the beneficiary is an LPR as soon as they arrive, but I think you'll need to meet 125% right away. K1 might buy you some time to gain employment securing the 100% minimum for initial sponsor, and then gain employment meeting the 125% later on. But with a K1, you will be stuck being the only source of income for you and the beneficiary until they get their EAD and can work, which can take months. Either way, it's risky when you are going to be a full time student with little income, and there's no scope of a joint sponsor. It might be better for you both to continue with school/work in your home countries and then visit each other where possible. Then, once you've graduated and secured adequate employment, you may be in a better position to sponsor. We've all felt that we "just want to be together as soon as possible", but sometimes rushing it isn't the smartest choice if you don't have all the required angles covered. -
Help with immigration of my fiancé
smilingstone replied to Ealenon's topic in General Immigration-Related Discussion
If your sole aim is for him to come to the US so you can be together when you start school, regardless of his study/work situation, to pursue any other visa other than K1 or spousal while fully intending to adjust status for permanent residency would be misrepresentation. There's no K3s anymore. Spousal visa would still allow you time to secure work and/or a joint sponsor. -
You absolutely need to go to the police. They can get translators if the evidence isn't in English. They need to be aware of him incase something happens to you or your family. Start divorce ASAP. Get a restraining order. Whatever you need to do to protect yourself and your family. Surely to God there is something out there which protects a sponsor from being financially obligated if there is a documented history of abuse?
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Applying for my mother in laws tourist visa
smilingstone replied to Ctavarez90's topic in Tourist Visas
They don't just deny a visa without saying why. She just might not understand the wording. Hopefully she still has the denial notices they will have given her after every interview so you can understand. It's unlikely you will be successful if you don't know what you are trying to counter. Also, how many times is she applying and within what time frame? Just because they say you can reapply at any time, multiple applications in quick succession after being denied can look desperate. It is only a tourist visa after all, so it would be questioned why she is so determined. -
K-1 Fiancée visa application & travel ban
smilingstone replied to GerrardM's topic in K-1 Fiance(e) Visa Process & Procedures
There is none, unsure where OP is reading that petitions got through but it's not happening. OP, your only choices here are spousal or wait out the ban. -
It's not happening.
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Foreign vs domestic address?
smilingstone replied to ViennaPete's topic in Direct Consular Filing (DCF) General Discussion
Physical address is where you live. Mailing address is where you recieve mail. For most people, it's the same address. But if they differ, this is where you can provide both addresses. -
Also, this. Travel History is NOT the I94. They are seperate docs.
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It's definately passport number, full name and date of birth needed for I94. They probably won't ask for the Travel History, but good to take just incase. Note that these expire too, they're only valid for about 1 month, it's a tiny expirary date on the bottom of the print out, easy to miss. If you need to go back to SSA in future, which is likely, you'll need new print outs. No reason to not apply for daughter now. I saw a recent post here from someone who did not do that and they are now suffering complications with taxes and school tuition.
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So you just need to refile ASAP. You said the mail ended up in your neighbor's mailbox. Was the letter addressed to your home, but placed in the wrong mailbox by USPS? Or was it addressed to your neighbor? You'd only have a chance with motion to reopen if the letter was incorrectly addressed by USCIS. If USPS just put it in the wrong mailbox, that's no fault of USCIS so I-290B wouldn't apply. As others say it would just be quicker to refile a new AOS petition. Did you not create an account on USCIS site and link your petition(s)? You can register for email/text alerts when there is a change in your case, and they normally upload digital copies of all letters they mail out to you. If you didn't do this before, then you should do this for round 2. Through this you often become aware of anything important long before the mail arrives (if it ever arrives, as in your situation).
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Only my opinion but I read the adoption guidance as that the adopted child is still residing in their birth country and needs to return to the US with petitioner, as the petitioner does not reside in any other country. It seems in your circumstances that you have already established a home with your adopted children in Canada, so I would not see an imminent need to leave, especially when it is a country like Canada. Financial strain and child care needs, I would not think, are top of the list for DCF, that's just life. But again, only my opinion, I am not USCIS. Best thing you can do is ask. Worst that can happen is they say no. If they do, I don't think going back with a job offer would look shady.
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Tourist visas are not for shipping in family to act as live-in babysitters.
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It isn't just a case of waiting for it to be Approved, but also Issued and then however long it takes for the courier to deliver/beneficiary to collect. I understand that late term pregnancies create another level of urgency, but it's generally advisable to not make travel plans until the visa is in hand. Good luck!
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Initial Steps
smilingstone replied to Royt's topic in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas
AOS, EAD, AP (if needed). The regular life stuff like SSN, state ID/driving license, etc. The VJ guide on AOS is a little out dated so if you're unsure of anything, you can ask here and recent filers will be able to clear things up. Good luck! -
Why does she need to find another sponsor? You already said her husband earns enough to support a household if 3. Who is paying the lawyer fees? If it's the mother/husband, you may want to consider pulling out as a sponsor for the child, which would result in the child's AOS being denied, and then the mother and son can refile as her spouse as the sole sponsor, as you said he earns enough to support a household of 3. It's the cost of getting a lawyer to fix this, versus just paying to refile everything again. Not an easy decision to make, but as you are already sponsoring your own family and say you can't afford to add 2 more, you have to think about how this will effect your future.
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Hoping you have both now learnt that isn't possible as a K1/K2 combo.
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