StevenCarmen

Excellent!  Thanks for your help.  I think that we will run with it, then. 

Hello. 

We have a unmarried adult daughter with an approved I-130 as an F1 category from Mexico.   THE worst place to be from.   She's been waiting in the line for 8 years now and the wait has actually grown longer. They are currently processing Feb 1998 for her category and she has an filing date of 2013.  So, unless something changes, she will die before she gets to the front of the line! 

BUT things might change; if the new policy proposal concerning family based visas is revised as proposed, then they have indicated that they want clear this backlog and increase the cap, so then she might become current soon.  Even so, the time it will take them to process 15 years of application backlogs for Mexico alone before her priority date will still likely be years.  

Meanwhile some friends she works for in Mexico want to hire her to come work for them in the US and believe that they can get her an employment based visa.   I don't know how likely that is to succeed but it's their intention.

My question is if anyone knows about or has experience with a situation where you have an approved but wait-listed I-130 and then simultaneously, a new petitioner applies for an EB(3) visa for the same beneficiary.   Would one application cancel or affect the other? 

We would hate to lose her I-130 approval to the EB application, especially if that application were rejected!

I have not been able to find anything about this, though I'm sure there is a policy stated somewhere!  

TIA,

Steve

On 2/17/2021 at 9:41 AM, African Zealot said:

Being a long time permanent resident, is extremely unlikely she will be subject to public charge upon admission at the airport.  It is something I also discussed with an attorney previously.

THIS !  is what I was trying to find out.  And I like your answer too!   What I hoped to hear.    I had read somewhere that it could be used in judging admission.   And to be clear, we are talking about reentering after travel abroad, not the initial entry.  

Thanks mucho.

On 2/16/2021 at 9:06 PM, millefleur said:

Your state will ask about her current immigration status and determine if she qualifies for Medicaid. When you apply via the marketplace, they always send the whole application to the state to see if you qualify for Medicaid if the household income is low enough to qualify. Normally what happens is, the state will send you an official response if the LPR will qualify or not for medicaid. Did you hear an official response back from your state yet?

 

 

Yes, sorry, I was not clear.  We were both referred to and enrolled in the New Mexico Medicaid program in December 2019.

Thanks everybody for your responses !  I had thought that I would get notices of postings from VJ like other forums but did not.  Sorry for lack of attention when you folks are offering me answers and asking followup questions.  My Bad!   But much appreciation for your help!.

On 2/16/2021 at 2:37 PM, Unlockable said:

Medicaid being a public charge is not something new. It has been classified as a public charge for quite some time now.

Yes, that's correct in the sense that long-term institutionalized care paid by Medicare WAS classified as public charge.   Health insurance versions of Medicaid were not, as of the 1999 ruling, until the newer 2019 ruling superceded that.   

And now the news is that the new administration has reverted to the 1999 ruling, it seems:

"The Department of Homeland Security announced on March 9, 2021, that they will no longer defend the Trump administration’s public charge rule. Soon after, the Supreme Court dismissed pending appeals regarding the rule. This means that the Northern District of Illinois’s 2020 decision striking down the rule is now in effect, and the DHS and USCIS will follow the 1999 rule instead of the now-defunct 2019 rule. 

https://www.ncsl.org/research/immigration/immigration-and-public-charge-dhs-proposes-new-definition.aspx

Hi all.    I am a US citizen and my wife has her PR for over 12 years now.    

Our income recently went down and when I went to the healthcare.gov  website to for the coverage exchange,  they slotted us into the Medicaid category and sent us over to our state (NM)  Medicaid agency.  Later, after our application went through in December, I learned that there is a new definition  "Public charge" rule now including Medicaid and that it could affect my wife's reentry into the US when traveling.   We go to Mexico to see her family yearly. 

My questions are:

1) Anybody have experience or information on whether this should be an actual problem?

2) Any reason to believe that it will change back to previous definitions  anytime soon under the new administration?

3) I believe that I can cancel her off the Medicaid program  if need be -  but is she already in trouble since she has been signed up?  Anyone understand how the timing works?  Is it - "if you have been a public charge anytime over the last x years"  or is it just "currently"?  

4) Anyone know how is USCIS is notified of Medicaid coverage ?

This is the only public charge type of thing we have every " received" and would not have even considered it if the gov website had not sent us there. 

Thanks in advance! 

Steve

Hi all. After three successful applications for my wife and two step children, I'm now doing the fourth, for our daughter who is now over 21. I filed in December of 2013 but then got an RFE in October 2014. We were traveling so I didn't actually see it until recently. I have a few weeks to get this together.

The RFE says:

"Delayed Registration

...submitted a birth certificate that has a delayed registration of approximately four years. As such, you are required to submit secondary evidence to establish ...relationship between the beneficiary and your spouse, the beneficiary's biological mother. Examples may include but is not limited to the following"

- it lists possible evidences here - hospital, midwife, school records etc. then adds:

Any document of evidence that will help to establish the relationship in question should be submitted for consideration. However, the only persuasive evidence will be documentation that indicates the child's parentage."

"In addition, all secondary evidence must be contemporaneous with the event(s) in question. Evidence that originated back when the child was young will be deemed more persuasive than evidence that was created as a result of this ...RFE.

If none of the above secondary evidence is available, you must first establish that such evidence is not available by submitting evidence of non-existence. After doing so, tertiary evidence, such as affidavits, may be submitted.

It then goes on to describe requirements for submitting affidavits, the tertiary evidence.

Finally,as a seperate category (I assume it would be primary evidence) it suggests DNA tests., which it names as an option, voluntary, It mentions that the lab will send the kit to the consulate/embassy overseas.

I can attach the RFE if anybody really wants to see it. Let me know.

NOW. Though I've successfully dealt with immigration and it's various agencies for three successful family-based PR visas so far, I'm still a bit stumped about some issues on this RFE;

Part of the problem is that we don't have so much more to offer than the birth certificate. We have family photos over the last ten years, but only one or two faded polaroids before that with a brother or sister. Cameras were rare at that time and place. We have a few school report cards naming the beneficiary and signed by her mother on the back. I can submit scans of those with both sides and her passport signature beside it. We have one school record from 2000 showing the list of students incribed in the primary with parents by their names. Finally, I have a2005 document from "Opportunidades" which is a welfare type program that lists the members of Carmen's family.

My questions are:

1) How does this evidence sound?

2) the cover letter says that failing to submit ALL evidence requested at one time may result in denial.

So, I should be thorough. Yet, the DNA test is expensive and probably not necessary with a valid (but 4 year delayed) BC and some secondary evidence.

3) The wording of the caution before the "tertiary" evidence of Affidavits complicates. It indicates that I first need to prove that I can't get any secondary evidence before submitting Affidavits. Thisis not true, I have some secondary evidence, and then how do you prove I can't get more ? I suspect this wording is boilerplate for situations where affidavits are used in leu of Birth Certificates, but this is merely a delayed but existing and good, BC.

So, do I get affidavits and risk breaking this rule, or do I just submit the somewhat weak secondary evidence I have and hope it's enough to fill in the gap?

4) Do I go for the expensive and complicated DNA test now, or can I simply suggest that if the evidence submitted is insufficient, we will be glad to get the test.

In the end, all of this hassle is so my daughter gets in the....what is it - 45 years? - line for a visa. Of course the law could change, quotas could be increased or recovered.

Thanks for any help with my complicated post!

Steve

Everybody answering here seems to have forgetten that they are talking about US postal service and you are in Mexico!

As you know, in Mexico, you do not want to use their postal service.

Use DHL or Estafeta. They will deliver to the Juarez consulate address. DHL is likely the best in Mexico but Estafeta is very good also.

CDJ DOES have an El Paso address which is a po box. In that case, if you want to mail from the US, then use USPS delivery confirmed.

Even though I live in Mexico, I first sent my info by DHL to my dad in Houston. He signed his 864 and then mailed it by USPS - confirmed delivery - to the El Paso post box for the Juarez consulate.

Steve

Just a few questions about the ir-1 / cr-1

For my wife's daughter who is only 5, we would, it seems file another i-130 for her as well? Is that correct?

Would we list for her the same as an IR-1? Since I have no direct relationship to her, how can I be her petitioner? What would I list?

Is it an Ir-1 for her as well? what is an ir-1 / cr-1? on the g325a it asks which its being filed for, so i'm not sure how I would list that.

In a related question -

What about vaccinations ?

Whats the cost of the medical exam? and is it more extensive then the k-1 visa one?

Is the Ir-1 / cr-1 visa granted there at the consulate or will they need to return home to Mexico City to wait?

Thanks for any help, I'm trying to be prepared for all contingencies that might come up with the visa process.

Yes, file an I-130 for your daughter also.

You have a direct relationship as an immediate relative. She is your daughter by marriage (stepdaughter) in the eyes of immigration law.

I believe it's also an IR-1 as long as you have been married for 2 years.

Bring all documentation of her vaccinations and see if you can get them caught up before going to Cd Juarez. They will fill in the rest and it will cost $$.

I believe that you need to go a week in advance for her age, but check on the CdJ consulate site.

The medical exam will cost $100 to $400 probably with vaccinations, not sure for her age. Download info from CDJ site. Don't know how it compares to K-1.

They typically grant the Visa the same day or soon after, but you pick it up at DHL, not the consulate. You can cross as soon as you have it.

Cheers,

Steve

good luck to you all too! looking forward to reading about yourallls experiences in Juarez!

We went through CDJ in March for my wife and are going again next week for my daughter. I wrote it up on another forum and will copy it over to this thread for you.

Here:

Mexico - Our March 5 2009 appointment

We got into CDJ on a Monday afternoon for a Wednesday appointment. They say to arrive one or two business days before, and I can confirm that having only one day for the exam is stressful. If anything goes wrong with the Medical, you have a problem for the appointment. It all went well, but next time, for the kids, we will leave at least two days for the exam. There had been a rumour that they would close the clinic Tuesday, but they did not.

OK. The next day at 7:30 am we went over to the Medical exam place next to the consulate. There used to be two, but it now appears there is only one company authorized or in place. We brought all the required documents, the appointment letter, birth certificate etc. My wife went in and I waited outside as they don't allow the spouse inside.

The guards said it would be several hours, so I waited. But what I didn't know is that inside, they split those waiting into two groups and sent one group over to their clinic by the old embassy. They loaded everybody onto a tourism bus in the back and took them away. I waited and waited and then finally my wife called me from the hotel. She was back. Even though she had shots documented, it ended up costing more than the $350 she had, and since I was nowhere nearby, some kind people (thanks!) lent her the money so that she could complete the process. I paid them back at the hotel.

Well, we had to go back in the afternoon to pick up the results. The ones they examine at the new clinic just go there for results. We had to go to the old clinic. They had a bus waiting at the new clinic for our group and we all rode over together to the old clinic to pick up the x-rays (which you don't need) and the envelope, which you must keep sealed and turn in at the appointment.

At the old clinic they gathered everybody around them and called names. When my wife picked up her envelope for the medical exam, they called her name and she went and got it from them and we got on the bus to go back.

Before the bus left, she asked the people next to us if the name on the outside of the envelope was the doctor's name or what? They said no, it's supposed to be YOUR name ! She went uh-oh! I've got somebody else's results and they've got mine.

She ran back inside and luckily got it sorted out right away. That could have been a show-stopper the next day - for TWO people.

So check your envelope from the exam when they give it to you; don't open it, but look for your name on the outside !!!

Interview:

The next day her appointment was for 7:45 am. The guards had told us to appear 20-30 minutes before the appointment time, so we did. When we got to the line, (not a true line, but where they wait to be called) I asked what time they were calling and was told they were already up to 8:45 by then. So, we went to the very front and showed the letter. Since she was already due, they let Carmen go right in. She waited for a while, watching the screen for her number and window. They called it and she went up and submitted the whole packet to the person. They asked her some simple questions about her birth date and my name, my father's (joint sponser) name and that was it. She went to another window and paid. Then she was told to wait again. Finally, she went to another window where an officer asked her a few more questions. They noted that she had kids and asked if they were mine. She said no. They said, oh, then your case is complicated, you don't have any divorce papers. Carmen said "no, it's simple - I have never been married before, but I had children. I raised them myself." They accepted that and had her swear the truth at some point, she signed the DS230 pt II and then was sent to go pay for the new DHL fee to have the visa sent across town. Some new strategy to speed things up, I imagine. They said to call DHL at 4pm. She was out of there by 11 am.

We went back and relaxed ! Checked online and DHL had it, so we took a taxi over there and picked up her packet and passport with the visa in it.

The next day we went over to the assigned bridge. It is noted on the packet they give you where to cross. We walked up to the office and they sent us to a far window to wait. Somebody came out and called her into the offices. She came out after a minute and then they called her again. They reviewed the packet, including photos etc and then said she was approved. I guess they stamped her visa , I forget. They were formal, but courteous. We went across and that was that !

Juarez is pretty scary, average of four or five people are murdered everyday there. The new consulate is in a nice area by a huge modern shopping mall, which should help some. Anyone going there, be careful, don't go out at night. The taxi drivers and general population are friendly and helpful. Prices were fair and the food very good.

Anyone going to CDJ, if you have any questions, feel free to contact me and I will be glad to help.

Steve

Hello All: Do i need any other document besides their birth certificates for the DS-230 ? Will they reference the original marriage certificate in my wife's file ???

Thank you

Hoot

Hi, not sure how your situation might vary, but I can tell you how our DCF in Mexico was.

For our daughter, besides the 230 and BC,

I sent in a copy of our marriage certificate with each beneficiary's packet - I believe that each child is a seperate file and they probably want it in the file as proof of relationship.

I-864 for you and any joint sponsers for each beneficiary and supporting documents that requires (see 864 instructions), like tax returns, etc

ID; they need to see a copy of the passport bio page or other acceptable photo ID for each beneficiary. Ask them what ID is acceptable if you don't have a passport yet for the kids.

Also you may need to send that signed form with the list of documents to have checked off. I don't know if it's the same for your location

Steve

Anybody have experience mailing in to Mexico City?

The info they sent me a year ago says:

"Mexico City Office ONLY accepts cash, money orders or cashier checks payable to the DHS U.S. Citizenship and Immigration Services (The money orders, or cashiers checks MUST be in English). If paying in cash exact amount is required"

I can't see how I could get a cashier's check in English here in rural Mexico! We have plenty of Banks, but I imagine they don't issue documents in foreign languages...

On a web page it says:

Paying Fees:

Fees for applications and petitions are listed on our Forms, Fees and Filing Locations Chart. The fees for all applications and petitions submitted to this office must be paid:

* by a cashier’s check, money order, or international bank draft issued by any bank with a U.S. affiliation,

* drawn in US Dollars, and

* payable to "Department of Homeland Security, U.S. Citizenship & Immigration Services"

* Personal checks and cash are not accepted.

So, even showing up in person with cash may not work, though this page does not specify english.

Anybody got a clue?

Thanks,

Steve

Anybody? The consulate review page would get the right people but I see that it is not for asking questions.

If nobody from Mexico sees this, or can answer my question, are there any hints for how to get help at this site? Am I on the wrong forum?

Calling the CDJ consulate is literally impossible for me without traveling some distance.

I'm wondering, if your wife is from a small enough town, could she ask the postal carrier what he suggests and then ask him to keep an eye out for her package? Of course, that would mean that she would need to know the carrier to trust him...

I hope someone else pipes in. You could post this in the ciudad juarez thread under consulates. Most of the folks are applying for fiance visas but they had to use the mail system, too.

Good idea for posting for the CDJ thread. I was wondering how to get to "puros Mexicanos"!

The closest thing down here to "postal carriers" are the characters who try to extract a living by occupying the post office in the nearest town (about 40 minutes away). I think they make some money by selling postal boxes and some more by charging ransom for arriving packages or just keeping them. Beyond that, they could care less about mail. It annoys them if you try to ask them questions.

That's rural Oaxaca. Very different from the other Mexico. The government is composed of hungry dogs or fat cats only! Maybe a bribe would work....

but we're not really into that...

Actually, "Arroyo Numero Tres S/N, ....etc the S/N means "sin numero" or "without number"

I'm about to file an I-130 /129F /325a.

I've been searching and going over the advice for dealing with a problematic mailing address (no delivery) for my spouse in Mexico and it seems clear that either:

1) It's reasonable to use a postal box for your mailing address in certain places so your mail will get delivered. But always use her physical address for residence.

2) It's a bad idea to use a PO Box because they don't accept them. The Consulate's delivery service will find you anyway.

That is, both opinions are strongly held, it seems. Can anybody who filed while at a rural Mexican residence shed any light on this? I can imagine that this answer varies from country to country and even depends on the area of the country as to whether it gets delivered.

And will USCIS have a problem with this address considering it's long and has no street or number? My wife's address (as on ID) is "Arroyo Numero Tres, Santa Maria Tonameca, Oaxaca, Mexico.

Thanks,

Steve

For various reasons, we are considering a two step entry to the US for our family. First just filing IR-1 for mom now, then about a year later, file for kids who will still be in Mexico.

I believe this would allow us to have the kids enter US in two years approximately, and would be far less expensive to process all the IR-1 while residing in Mexico and not have to file AOS in US (as in K1-K3)

Does this sound like a good idea? Or is it important to keep kids I-130 with mom's I-130 filing?

I am also considering filing a I-129F along with mom's I-130 just in case we need to change our plans and get everybody in at once. It would be a backup strategy only, since it seems to involve a lot of extra time and money to do AOS.

Yes, US Citizen step parent can file I-130 as long as marriage that created the step parent relationship happened before the step-son's 18th birth day, and as long as the visa is issued before 21th birth day and as long as the step-son is unmarried at the time the visa is issued this will work.

Are you saying that no consent form of other parent is required to be filed or shown to US authorities?

This is an important part of deciding our strategy. We need time for school, but "no child left behind" - so to speak !

K3/K4 is good if you think you should be in US as soon as possible and if you don't like any of the kids to be left behind. K4 wouldn't deport your kids once he reach 21 as long as you filed for the AOS. I've known people that filed IR1 for 21 years above it took them years for them to get to US, I just don't know for age younger than that how fast it is.

Thanks again. After seeing the comments on K3 still only for living in the US (not visiting in transition?) and IR-1 is so much easier and cheaper than K3>AOS>IR-1, maybe I should forget K3. I'm starting to think that I may want to go IR-1 right away but just for my wife.

If so, I wonder should I go ahead and file the 129F in case we change our mind when the time comes.

Then plan to file I-130 for the kids (still not in US) just before 21st birthday of oldest.

How does this sound? Foolish to wait? I just don't like the idea of the kids having greencards, but then not actually living in the US for year or two more. This would go against the spirit of the law and force us to lie.

If we apply I-130 later for them, then the cards may come just when they are ready... ??

I wish it was just possible for family to live in both countries like I do. It's what we really want.

actually you should do direct consulate process it's better and alot faster than both,

But is DCF really faster in Mexico? I'm not seeing any difference in the timelines between DCF and US filed for this country. It seems that with their case-load, CDJ consulate is the bottleneck no matter what.

The issues I've identified that are going for and against DCF are:

COST: for - DCF is less expensive - by a huge margin for 4, I guess.

MAIL: against - If filing DCF, we must use Mexican addresses, right? How will we get our critical notices in time (if at all) - like the appointment?

Hi there Steven I suggest you go for the K3, why because she got 3 kids and one is going 21 in 2yrs. When she/he reached 21 it would be hard for you then to get him/her. With K3 you have to file for K4 for the 3 kids. You need to file I-130 and 129F at the same time. It's a process that some people don't know yet that they could file it simultaneously.

Thanks. I think that whether we use it or not, we will file 129F. And you confirm that we can file 129F with 130. The consulate shows that on their site too. Instead of waiting for I-130 NOA, right ?

But I AM wondering about age-out as Haole commented.

I know there is something that says that children are eligible (for IR-1) if under 18 when married... so I wonder if that is more important and not that k4 is only for under 21.

Perhaps the oldest will turn 21 6-12 months after getting K4, but still be eligible for I-130? This might be ok as she will be in University in Mexico anyway. But would allow her to come with family for initial visits. ???

This is an important part of deciding our strategy. We need time for school, but "no child left behind" - so to speak !

Do the DCF IR-1 Fastest. Also IRs get GC and SS card in the mail shortly after arriving at POE

K3 is multi entry but once she gets GC she can come and go as she pleases. Can't get SS card unless she files for EAD or gets GC by doing AOS.

IRs and CRs can come and go also once the they get GC in the mail.

K3 adjusting status filing fee is $1010. Kids under 14 [Not sure about age] cost $600 each.

Hard to beat IRS!!!

Thanks for your response.

It appears that in practice GC allows one to come and go, but may be arbitrarily revoked for any long-term absence, especially one over 6 months and certainly over one year. So, if she spends 6-9 months out of US for first year or two...

K3 is a non-immigrant visa, so, you are not yet required to reside in US, correct?

I don't understand the reference to the IRS

Hi all. Great forum. Because of VJ, I feel that we can do it ourselves and be certain that it's timely and right.

I'm Steve USC,my wife Carmen is Mexican. We'll be married 2 yrs this August and are currently both living in Mexico. She has three teenage kids. They are 14/16/19 Oldest is entering the university, the younger two are entering the final year of their respective schools.

We need to mostly live in Mexico for another year or so, then transition to residing in the US, bringing the kids in to right away or perhaps to follow, as appropriate for each. The oldest will probably be in college for years though.

Since I maintain a residence in the US and also qualify for DCF in Mexico, we have more options than most. At first, I had assumed that IR-1 via DCF was the way for us to go, but after considering where we need to live for the next 12-24 months, I wonder if K3 might be more appropriate - a quicker way to get a visa and start the transition, without having to become full-time residents right away. And if K3, maybe file in the US?

It appears that if filing K3 (in US) both options would be open for the future, so if things change (my parents are aging) and we need to transition more quickly, we could ride the IR-1 through instead. But I-129F has to be filed in the US - right?

I've got too many questions for one topic, really, but I'll throw them out to get started:

- am I misinformed on anything here?

- IR-1 or K-3? Considering that we need to take time transitioning (but with earliest first visit to US) wouldn't the K-3 with it's multiple entries be more appropriate than IR-1 ? We have friends who live mostly in Mexico and come and go to the US using their greencards, they say "no problem", but after reading the wording for permanent residence card, it seems that is risky. We do want to follow the spirit as well as the letter of the law, if at all possible !

-Has anyone done K-3 in Mexico? The few Mexico DCFs I found came out as IR-1, but CDJ site does show the option-as long as the 130 has not reached them yet.

-What kind of cost differences am I looking at here? It's huge with 3 kids -right? I've looked at much info, but it's complicated and I still can't sort it out well.

-What about receiving mail? There is no mail delivery here, - we could rent a box, but probably this would be fatally slow in any case. With US filing, it will arrive at my home there and can be relayed to me here by FedEx/DHL....

- Given our circumstance, (age, school etc) how should I do the kids for your recommended approach? I understand that one can start their I-130s right away and pay more upfront, or later and pay even more down the road.

- What will the differences in interview process be? Two interviews (hopefully in Spanish!) for everybody if we do K3/K4 > AOS? One in CDJ and the other - in USA? Only one interview with IR-1, right?

Any general comments are greatly appreciated as well. Sorry for the long post.

K3s can't get SSN without an EAD or green card. Can be a b!tch living in the US without one as they are required to get a lot of things such as a drivers license.

Thanks. We will apply for EAD and SSN immediately if going K-3 route.

- have there been problems in the past when people waited longer than 12 mo. to file?

It's not a cut-off but if your medical is more than a year old when you file AOS, you'll need a new medical. It costs $300 where I live.

Ah, thanks mucho, pushbrk.

So, at the very least, delayed AOS filing adds costs for the medical and the EAD (if desired). That could really add up with our 3 kids !