Pat the man

Hey havent been here in a while but I got some questions for you guyswith k-1 aos experience, after you married how did the whole aos experience go did you what exactly did you need thanks pat... this is for a friend of mine that just brought his future wife up here from peru

Inform officer at POE.

Then file and AR-11, AND and I-865 for (US Citizen/Spouse SPONSOR) the person who provided I-864.

Will he be able to change it in the system , and will she be required to file another ds-230?

Hola Amig@s,

Alguien me puede aclarar si para la cita CR1 hay que pagar derechos consulares? ya se pago el fee de la visa $400 del NVC, pero no estoy segura asi hay que pagar derechos consulares, estoy medio confundida.

Les agradesco alguna informacion sobre esto.

Gracias,

Mayra

Good luck Mayra.... te va ir bien te lo prometo

Hola Amig@s,

Alguien me puede aclarar si para la cita CR1 hay que pagar derechos consulares? ya se pago el fee de la visa $400 del NVC, pero no estoy segura asi hay que pagar derechos consulares, estoy medio confundida.

Les agradesco alguna informacion sobre esto.

Gracias,

Mayra

Mayra,

Tranquila que con esos 400 dolares se pago la cita visa y todo. Lo unico que se paga en el consulado es el envio a su casa que cuesta como 40000 en bogota or 60000 fuera la cuidad. Pero no mas nada. Ahora si le dicen que regrese con otro documento otro dia ahi si tienes que pedir un pin por colpatria para hacer una cita de nuevo.

Patrick

We have a different address now then when the ds-230 was filled out should we inform this to the consular officer upon entry or will a ar-11 and a call to uscis be sufficient to get the new card in the mail.....at the new address..... I just dont want it to take forever considering she has to take another flight we bought two separate tickets seperated by 330 but I dont want her to take too long to the point where she misses the flight.....

congrats! come join us in club colombia II in us embassy and consulate forum again congrats

I meant come on Bogota!!

where is everyone???

Congratulations!!!

Those first clerks are the biggest biiit... ok I'll stop... gotta play nice I guess.

Diana

The first clerk was nice to us.... but then again..... there was a girl 21 years old at albertos house who told us that the clerk asked her what she can see in a man of 51 and she responded .... el polvo aguanta.... jajaja.... and then the clerk told her.....es que costeña tenia que ser..... she was about to call her vieja cachaca hp igualada...... lol but decided against it since she didnt want have any trouble getting her visa..... lol so yep there you have it those clerkss...well most of them are a piece of s***

My wife's IR-1 visa was approved yesterday. We waited for 6 hours for a less-than-two-minute inteview. The very pleasant C/O asked 2 questions: "How did you meet," and "what were you doing in Argentina when you were there for 6 months." (she took a course in multi-media animation). Then she asked to see some of our evidence. My wife asked her if she wanted the photos or the paper evidence, and she asked to see photos. We took the photos out of the wedding album and the other album, and the C/O glanced at a few of them and then said "congratulations, you are approved." It was sort of anti-climactic in a way, because I did so much preparation of the documentary evidence - I had all my boarding passes, emails, phone bills, IRA account and bank statements and she didn't look at it. I suppose it was good to prepare for any and all eventualities.

The worst part is the insufferable wait, where you watch other visa applicants stand at the windows for up to 45 minutes each person, only to be told to come back with additional evidence or return with their spouse/fiance or to be denied. I was expecting a long, drawn-out detailed interview and that agitated both of us.

Another part that made me nervous is the first interview with the Colombian clerk who reviews the file for sufficiency. She asked my wife for her baptismal certificate and I knew that it was not necessary, as we had her birth certificate from the civil registry. She then asked for my 2006 tax return, and I told her that it was not necessary, and that only the most recent return is required, which was in the file. She said "well, I guess the Consular officer will have to decide." I was expecting that the C/O would not approve the application becuase of my 2006 taxes but the C/O didn't ask to see them.

Then the clerk made us go across the street to take new photos, becuase the photos we submited had her ear partially covered. Whatever. We paid the 10,000 pesos and came back with the new photos.

I think the reason that our interview was so easy was because I was standing next to my wife in front of the window, and the pictures we had were very good. We had professional wedding photos in a nice album and then we had photos of trips we took together - to New York, the Hamptons, Argentina, etc, as well as photos w/family. I guess photos don't lie.

The same happened to us the 2nd time around we waited all daywe came prepared for everything and then we were told that she didnt want to see us. that our visa had been approved we received it yesterday in BOGota. It took from last thursday to wed right around 6 days. COngrats

A friend of my Spouse also did a runner. He died many years later, his new family contacted his old family to tell them.

To cut a long story short the old family ended up with most of the estate due to his arrears.

wow.... what is funny is that all the child support money that he is arrears guess who the child was..... me!!!! Thats whats funny no my dad did not do a runner..... why on earth would i petition someone who left me in order to avoid child support .......

It was a few years ago, the children were grown up and insisted the Mother got their money.

Their is no new family in this case. Just my Dad by himself he has no estate no income no job so I doubt precluding from entry into the U.S. would help my mother get her money back ....

A friend of my Spouse also did a runner. He died many years later, his new family contacted his old family to tell them.

To cut a long story short the old family ended up with most of the estate due to his arrears.

wow.... what is funny is that all the child support money that he is arrears guess who the child was..... me!!!! Thats whats funny no my dad did not do a runner..... why on earth would i petition someone who left me in order to avoid child support .......

I meant come on Bogota!!

You should get a lawyer to access whether you dad has a chance of coming back to the US. This may end up saving you a lot of time and money.

VISAS, INFORM CONSULS

E.O. 12958: N/A

TAGS: CVIS, CMGT

SUBJECT: IMMIGRANT VISA PETITIONS: 40 QUARTERS SSA IN LIEU OF I-864

1. ON MAY 17, 2001, USCIS ISSUED A MEMO TO THE OFFICE OF FIELD OPERATIONS ADDRESSING THE 40 QUARTERS QUESTION, E.G. THE SUBSTITUTION OF SSA COVERAGE FOR THE I-864 AFFADAVIT OF SUPPORT. THE FOLLOWING IS INTENDED TO SERVE AS GUIDANCE TO POSTS BASED ON THE USCIS MEMO.

2. THE MEMO APPLIES TO ALIENS SEEKING PERMANENT RESIDENCE AS IMMEDIATE RELATIVES OR AS FAMILY PREFERENCE IMMIGRANTS AS WELL AS TO EMPLOYMENT-BASED IMMIGRANTS WHERE A RELATIVE EITHER FILED THE FORM I-140 OR HAS A SIGNIFICANT OWNERSHIP INTEREST IN THE FIRM THAT DID FILE THE FORM I-140.

3. THE USCIS MEMO NOTES THAT, UNDER INA SECTION 213(A)(A)(3)(A), THE REQUIREMENT FOR VISA PETITIONERS TO PROVIDE THE I-864 AFFIDAVIT OF SUPPORT TERMINATES ONCE THE SPONSORED ALIEN HAS WORKED, OR CAN BE CREDITED WITH, 40 QUALIFYING QUARTERS OF COVERAGE UNDER TITLE II OF THE SOCIAL SECURITY ACT. THIS SECTION CORRESPONDS TO 8 CFR PART 213(A)(2)(E)(1)(I)(B), WHICH STATES THAT [THE SPONSORS SUPPORT OBLIGATION WITH RESPECT TO A SPONSORED IMMIGRANT TERMINATES BY OPERATION OF LAW WHEN THE SPONSORED IMMIGRANT] HAS WORKED, OR CAN BE CREDITED WITH, 40 QUALIFYING QUARTERS OF WORK; PROVIDED, THAT THE SPONSORED IMMIGRANT IS NOT CREDITED WITH ANY QUARTER BEGINNING AFTER DECEMBER 31, 1996, DURING WHICH THE SPONSORED IMMIGRANT RECEIVES ANY FEDERAL MEANS-TESTED PUBLIC BENEFIT.

4. USCIS THEN ADDRESSES THE ISSUE OF WHETHER THE I-864 IS STILL REQUIRED IF THE SPONSORED ALIEN HAS ALREADY WORKED, OR CAN BE CREDITED WITH, THE 40 QUALIFYING QUARTERS OF COVERAGE. THE USCIS CONCLUSION, AS STATED IN THE MEMO, IS THAT THE I-864 IS NOT REPEAT NOT REQUIRED IN SUCH CASES.

5. INA SECTION 213 (A)(A)(3)(B) NOTES THAT, IN DETERMINING THE NUMBER OF QUARTERS, THE ALIEN SHALL BE CREDITED WITH (I) ALL OF THE QUALIFYING QUARTERS OF COVERAGE AS DEFINED UNDER TITLE II OF THE SOCIAL SECURITY ACT WORKED BY A PARENT OF SUCH ALIEN WHILE THE ALIEN WAS UNDER AGE 18, AND (II) ALL OF THE QUALIFYING QUARTERS WORKED BY A SPOUSE OF SUCH ALIEN DURING THEIR MARRIAGE AND THE ALIEN REMAUSCIS MARRIED TO SUCH SPOUSE OR SUCH SPOUSE IS DECEASED. (NOTE: TITLE II OF THE SOCIAL SECURITY ACT REFERS TO FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE BENEFITS.)

6. THE USCIS MEMO CLARIFIES THAT THE STATUTE DOES NOT REQUIRE THE PARENT-CHILD RELATIONSHIP TO HAVE EXISTED WHEN THE PARENT WORKED THE 40 QUARTERS. FOR EXAMPLE, AN ALIEN CAN CLAIM EVEN THOSE QUARTERS THAT THE PARENT WORKED PRIOR TO THE ALIENS BIRTH OR ADOPTION. IN THE CASE WHERE THE ALIEN CLAIMS QUARTERS WORKED BY A SPOUSE, HOWEVER, THE ALIEN MAY ONLY BE CREDITED FOR THOSE HOURS WORKED DURING THE MARRIAGE.

7. ACCORDINGLY, CONSULAR POSTS ABROAD PROCESSING PETITIONS FOR ALIENS SEEKING PERMANENT RESIDENCE SHOULD WAIVE THE I-864 REQUIREMENT IF THE ALIEN CAN DEMONSTRATE 40 QUARTERS OF WORK UNDER THE SOCIAL SECURITY ACT AS DESCRIBED IN THIS CABLE.

8. THE TERM QUARTER MEANS THE THREE-CALENDAR-MONTH PERIOD ENDING ON MARCH 31, JUNE 30, SEPTEMBER 30, OR DECEMBER 31 OF ANY YEAR. QUARTERS OF COVERAGE ARE OBTAINED BY WORKING AT A JOB OR AS A SELF-EMPLOYED INDIVIDUAL, EARNING A SPECIFIED MINIMUM INCOME, AND MAKING SOCIAL SECURITY PAYMENTS ON IT. QUARTERS ARE CALCULATED BASED ON THE AMOUNT OF INCOME EARNED DURING THE COURSE OF THE YEAR, RATHER THAN ACTUAL NUMBER OF DAYS WORKED WITHIN A GIVEN QUARTER. FOR EXAMPLE, THE REQUISITE MINIMUM INCOME FOR 2001 IS USD 830 PER QUARTER. THUS ANY INDIVIDUAL EARNING THREE TIMES THIS AMOUNT DURING THE CALENDAR YEAR WOULD BE CREDITED WITH THREE QUARTERS OF COVERAGE, EVEN IF THE INDIVIDUAL ACTUALLY WORKED FOR ONLY ONE MONTH.

9. ANY INDIVIDUAL SEEKING TO DEMONSTRATE THE AMOUNT OF QUARTERS OF COVERAGE HE OR SHE EARNED MAY REQUEST AT ANY SSA OFFICE A CERTIFIED EARNINGS RECORD, WHICH SHOWS THE AMOUNT OF QUALIFYING QUARTERS HE OR SHE HAS ACCRUED.

10. IN PROCESSING AN IMMIGRANT VISA FOR A BENEFICIARY SEEKING TO BENEFIT FROM SSA QUARTERS, CONSULAR POSTS SHOULD REQUEST A COPY OF THE CERTIFIED EARNINGS STATEMENT, AS WELL AS A SIGNED STATEMENT FROM THE PERSON WHO EARNED THE QUARTERS CONTAINING THE FOLLOWING LANGUAGE I [NAME] CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES THAT I DID NOT RECEIVE ANY FEDERAL MEANS-TESTED BENEFIT, SUCH AS TEMPORARY ASSISTANCE FOR NEEDY FAMILIES, FOOD STAMPS, MEDICAID, SOCIAL SECURITY INSURANCE, OR STATE CHILD INSURANCE, DURING ANY OF THE QUARTERS I AM USING TO QUALIFY THAT WERE EARNED AFTER DECEMBER 31, 1996. (NOTE: IF THE QUARTERS BEING USED OCCURRED PRIOR TO DECEMBER 31, 1996, CONSULAR POSTS DO NOT NEED TO REQUIRE THIS SIGNED STATEMENT.)

11. CONSULAR POSTS SHOULD INCLUDE COPIES OF THESE DOCUMENTS IN THE BENEFICIARIES IMMIGRANT VISA PACKAGES. ALTERNATELY, POSTS MAY DOCUMENT THE I-864 EXEMPTION BY INCLUDING AN OFFICIAL STATEMENT IN THE PACKAGE TO THE EFFECT THAT NO I-864 IS REQUIRED, AS 40 QUARTERS OF SSA COVERAGE HAVE BEEN ESTABLISHED, PURSUANT TO THE MAY 17, 2001 USCIS MEMORANDUM FROM MICHAEL CRONIN, ACTING EAC HQPGM.

12. THE NATIONAL VISA CENTER (NVC) PERFORMS A CLERICAL REVIEW OF DOCUMENTS, INCLUDING AFFIDAVITS OF SUPPORT, FOR CERTAIN CONSULAR POSTS. IN THOSE USCISTANCES WHERE THE PETITIONER OR SPONSOR NOTIFIES THE NVC THAT THEY WISH TO USE THE SSA QUARTERS PROVISION, THE NVC WILL REQUIRE SUBMISSION OF THE CERTIFIED EARNINGS RECORD AND THE SIGNED STATEMENT DESCRIBED IN PARAGRAPH 10 BEFORE QUALIFYING THE CASE FOR FORWARDING TO POST. IF THE PETITIONER AND SPONSOR DO NOT INDICATE THEY INTEND TO USE THE SSA QUARTERS PROVISION, NVC WILL CONTINUE TO REQUIRE THE I-864 AND SUPPORTING DOCUMENTS, INCLUDING THREE YEARS TAX RETURNS AND W-2S, AND PROOF OF EMPLOYMENT.

13. THE FOLLOWING ARE EXAMPLES OF SPONSORED ALIENS WHO WOULD BENEFIT FROM THE 40 QUARTERS POLICY:

-- AN ALIEN WHO CAME TO THE UNITED STATES AS A STUDENT ON AN F-1 VISA AND, WHILE WORKING LEGALLY, ACQUIRED 16 QUARTERS OF SSA COVERAGE, FOLLOWED BY 20 QUARTERS OF SSA COVERAGE WHILE WORKING ON AN H-1B VISA (ALIEN IN SPECIALTY OCCUPATION PROFESSION), EVENTUALLY FOLLOWED BY 4 QUARTERS COVERAGE WHILE WORKING AS AN INTRACOMPANY TRANSFERREE ON AN L-1 VISA.

-- AN ALIEN WHO ENTERED THE UNITED STATES ON AN 0-1 VISA (ALIEN WITH EXTRAORDINARY ABILITY IN SCIENCES, ARTS, EDUCATION, BUSINESS, OR ATHLETICS), ALONG WITH A SPOUSE WHO ALSO HELD AN 0-1 VISA, BOTH OF WHOM WORKED FOR FIVE YEARS, EARNING A TOTAL OF 40 QUARTERS SSA COVERAGE BETWEEN THEM.

-- AN ALIEN WHO ENTERED THE UNITED STATES ON AN H-2A TEMPORARY AGRICULTURAL WORKER VISA AND WORKED LEGALLY FOR FIVE YEARS, FOLLOWED BY TWO YEARS WORK OUT-OF-STATUS, FOLLOWED BY ONE YEAR OF LEGAL WORK UNDER TEMPORARY PROTECTED STATUS, FOLLOWED BY TWO MORE YEARS WORK OUT-OF-STATUS, MAKING REGULAR SOCIAL SECURITY PAYMENTS EVEN DURING THOSE PERIODS OF UNAUTHORIZED WORK.

-- A FOUR-YEAR OLD ALIEN JUST ADOPTED BY A U.S. CITIZEN PARENT WHO HAS WORKED AND MADE SOCIAL SECURITY PAYMENTS FOR TEN OR MORE YEARS IN THE U.S.

14. CA/VO REMINDS INTERVIEWING OFFICERS THAT 9 FAM 40.41 DIRECTS THEM TO CONSIDER THE TOTALITY OF THE ALIEN''S CIRCUMSTANCES IN DETERMINING WHETHER AN IMMIGRANT VISA APPLICANT IS LIKELY TO BECOME A PUBLIC CHARGE. THUS, EVEN IF AN APPLICANT HAS A VALID I-864 OR PROOF OF THE 40 QUARTERS OF SSA COVERAGE, THE INTERVIEWING OFICER SHOULD BEAR IN MIND THE BIG PICTURE AND CONSIDER ANY OTHER RELEVANT FACTS THAT WOULD INDICATE THE APPLICANTS LIKELIHOOD OF BECOMING DEPENDENT ON THE U.S. GOVERNMENT FOR SUBSISTENCE.

15. THE FULL TEXT OF THE USCIS MEMO MAY BE FOUND AT THE FOLLOWING WEBSITE: WWW.USCIS.USDOJ.GOV/GRAPHICS/LAWSREGS/HANDBOOK/AFDSUPTCCA.PDF.

POWELL

I got this off USCIS he has 76 working quarters. Now you may be right . Will go see an attorney... I know you might be trying to help but before you tell someone everybody must file an I-864 do some research all 76 came before 1996

Thank you for this information. I stand corrected.

You are welcome . I remember reading a BIA appeal decision regarding Good moral character. I think it defines it the moral character the a reasonable person person might be expected to have. Now considering his accident ... A reasonable person who is paralyzed , in my opinion, cannot expect to pay child support under any standard. Now there is a law preventing him from obtaining a U.S. passport for more than 2500 dollars owed but a reasonable person is not expected to pay child support if paralyzed and no income..... what do you think aaron

You should get a lawyer to access whether you dad has a chance of coming back to the US. This may end up saving you a lot of time and money.

VISAS, INFORM CONSULS

E.O. 12958: N/A

TAGS: CVIS, CMGT

SUBJECT: IMMIGRANT VISA PETITIONS: 40 QUARTERS SSA IN LIEU OF I-864

1. ON MAY 17, 2001, USCIS ISSUED A MEMO TO THE OFFICE OF FIELD OPERATIONS ADDRESSING THE 40 QUARTERS QUESTION, E.G. THE SUBSTITUTION OF SSA COVERAGE FOR THE I-864 AFFADAVIT OF SUPPORT. THE FOLLOWING IS INTENDED TO SERVE AS GUIDANCE TO POSTS BASED ON THE USCIS MEMO.

2. THE MEMO APPLIES TO ALIENS SEEKING PERMANENT RESIDENCE AS IMMEDIATE RELATIVES OR AS FAMILY PREFERENCE IMMIGRANTS AS WELL AS TO EMPLOYMENT-BASED IMMIGRANTS WHERE A RELATIVE EITHER FILED THE FORM I-140 OR HAS A SIGNIFICANT OWNERSHIP INTEREST IN THE FIRM THAT DID FILE THE FORM I-140.

3. THE USCIS MEMO NOTES THAT, UNDER INA SECTION 213(A)(A)(3)(A), THE REQUIREMENT FOR VISA PETITIONERS TO PROVIDE THE I-864 AFFIDAVIT OF SUPPORT TERMINATES ONCE THE SPONSORED ALIEN HAS WORKED, OR CAN BE CREDITED WITH, 40 QUALIFYING QUARTERS OF COVERAGE UNDER TITLE II OF THE SOCIAL SECURITY ACT. THIS SECTION CORRESPONDS TO 8 CFR PART 213(A)(2)(E)(1)(I)(B), WHICH STATES THAT [THE SPONSORS SUPPORT OBLIGATION WITH RESPECT TO A SPONSORED IMMIGRANT TERMINATES BY OPERATION OF LAW WHEN THE SPONSORED IMMIGRANT] HAS WORKED, OR CAN BE CREDITED WITH, 40 QUALIFYING QUARTERS OF WORK; PROVIDED, THAT THE SPONSORED IMMIGRANT IS NOT CREDITED WITH ANY QUARTER BEGINNING AFTER DECEMBER 31, 1996, DURING WHICH THE SPONSORED IMMIGRANT RECEIVES ANY FEDERAL MEANS-TESTED PUBLIC BENEFIT.

4. USCIS THEN ADDRESSES THE ISSUE OF WHETHER THE I-864 IS STILL REQUIRED IF THE SPONSORED ALIEN HAS ALREADY WORKED, OR CAN BE CREDITED WITH, THE 40 QUALIFYING QUARTERS OF COVERAGE. THE USCIS CONCLUSION, AS STATED IN THE MEMO, IS THAT THE I-864 IS NOT REPEAT NOT REQUIRED IN SUCH CASES.

5. INA SECTION 213 (A)(A)(3)(B) NOTES THAT, IN DETERMINING THE NUMBER OF QUARTERS, THE ALIEN SHALL BE CREDITED WITH (I) ALL OF THE QUALIFYING QUARTERS OF COVERAGE AS DEFINED UNDER TITLE II OF THE SOCIAL SECURITY ACT WORKED BY A PARENT OF SUCH ALIEN WHILE THE ALIEN WAS UNDER AGE 18, AND (II) ALL OF THE QUALIFYING QUARTERS WORKED BY A SPOUSE OF SUCH ALIEN DURING THEIR MARRIAGE AND THE ALIEN REMAUSCIS MARRIED TO SUCH SPOUSE OR SUCH SPOUSE IS DECEASED. (NOTE: TITLE II OF THE SOCIAL SECURITY ACT REFERS TO FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE BENEFITS.)

6. THE USCIS MEMO CLARIFIES THAT THE STATUTE DOES NOT REQUIRE THE PARENT-CHILD RELATIONSHIP TO HAVE EXISTED WHEN THE PARENT WORKED THE 40 QUARTERS. FOR EXAMPLE, AN ALIEN CAN CLAIM EVEN THOSE QUARTERS THAT THE PARENT WORKED PRIOR TO THE ALIENS BIRTH OR ADOPTION. IN THE CASE WHERE THE ALIEN CLAIMS QUARTERS WORKED BY A SPOUSE, HOWEVER, THE ALIEN MAY ONLY BE CREDITED FOR THOSE HOURS WORKED DURING THE MARRIAGE.

7. ACCORDINGLY, CONSULAR POSTS ABROAD PROCESSING PETITIONS FOR ALIENS SEEKING PERMANENT RESIDENCE SHOULD WAIVE THE I-864 REQUIREMENT IF THE ALIEN CAN DEMONSTRATE 40 QUARTERS OF WORK UNDER THE SOCIAL SECURITY ACT AS DESCRIBED IN THIS CABLE.

8. THE TERM QUARTER MEANS THE THREE-CALENDAR-MONTH PERIOD ENDING ON MARCH 31, JUNE 30, SEPTEMBER 30, OR DECEMBER 31 OF ANY YEAR. QUARTERS OF COVERAGE ARE OBTAINED BY WORKING AT A JOB OR AS A SELF-EMPLOYED INDIVIDUAL, EARNING A SPECIFIED MINIMUM INCOME, AND MAKING SOCIAL SECURITY PAYMENTS ON IT. QUARTERS ARE CALCULATED BASED ON THE AMOUNT OF INCOME EARNED DURING THE COURSE OF THE YEAR, RATHER THAN ACTUAL NUMBER OF DAYS WORKED WITHIN A GIVEN QUARTER. FOR EXAMPLE, THE REQUISITE MINIMUM INCOME FOR 2001 IS USD 830 PER QUARTER. THUS ANY INDIVIDUAL EARNING THREE TIMES THIS AMOUNT DURING THE CALENDAR YEAR WOULD BE CREDITED WITH THREE QUARTERS OF COVERAGE, EVEN IF THE INDIVIDUAL ACTUALLY WORKED FOR ONLY ONE MONTH.

9. ANY INDIVIDUAL SEEKING TO DEMONSTRATE THE AMOUNT OF QUARTERS OF COVERAGE HE OR SHE EARNED MAY REQUEST AT ANY SSA OFFICE A CERTIFIED EARNINGS RECORD, WHICH SHOWS THE AMOUNT OF QUALIFYING QUARTERS HE OR SHE HAS ACCRUED.

10. IN PROCESSING AN IMMIGRANT VISA FOR A BENEFICIARY SEEKING TO BENEFIT FROM SSA QUARTERS, CONSULAR POSTS SHOULD REQUEST A COPY OF THE CERTIFIED EARNINGS STATEMENT, AS WELL AS A SIGNED STATEMENT FROM THE PERSON WHO EARNED THE QUARTERS CONTAINING THE FOLLOWING LANGUAGE I [NAME] CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES THAT I DID NOT RECEIVE ANY FEDERAL MEANS-TESTED BENEFIT, SUCH AS TEMPORARY ASSISTANCE FOR NEEDY FAMILIES, FOOD STAMPS, MEDICAID, SOCIAL SECURITY INSURANCE, OR STATE CHILD INSURANCE, DURING ANY OF THE QUARTERS I AM USING TO QUALIFY THAT WERE EARNED AFTER DECEMBER 31, 1996. (NOTE: IF THE QUARTERS BEING USED OCCURRED PRIOR TO DECEMBER 31, 1996, CONSULAR POSTS DO NOT NEED TO REQUIRE THIS SIGNED STATEMENT.)

11. CONSULAR POSTS SHOULD INCLUDE COPIES OF THESE DOCUMENTS IN THE BENEFICIARIES IMMIGRANT VISA PACKAGES. ALTERNATELY, POSTS MAY DOCUMENT THE I-864 EXEMPTION BY INCLUDING AN OFFICIAL STATEMENT IN THE PACKAGE TO THE EFFECT THAT NO I-864 IS REQUIRED, AS 40 QUARTERS OF SSA COVERAGE HAVE BEEN ESTABLISHED, PURSUANT TO THE MAY 17, 2001 USCIS MEMORANDUM FROM MICHAEL CRONIN, ACTING EAC HQPGM.

12. THE NATIONAL VISA CENTER (NVC) PERFORMS A CLERICAL REVIEW OF DOCUMENTS, INCLUDING AFFIDAVITS OF SUPPORT, FOR CERTAIN CONSULAR POSTS. IN THOSE USCISTANCES WHERE THE PETITIONER OR SPONSOR NOTIFIES THE NVC THAT THEY WISH TO USE THE SSA QUARTERS PROVISION, THE NVC WILL REQUIRE SUBMISSION OF THE CERTIFIED EARNINGS RECORD AND THE SIGNED STATEMENT DESCRIBED IN PARAGRAPH 10 BEFORE QUALIFYING THE CASE FOR FORWARDING TO POST. IF THE PETITIONER AND SPONSOR DO NOT INDICATE THEY INTEND TO USE THE SSA QUARTERS PROVISION, NVC WILL CONTINUE TO REQUIRE THE I-864 AND SUPPORTING DOCUMENTS, INCLUDING THREE YEARS TAX RETURNS AND W-2S, AND PROOF OF EMPLOYMENT.

13. THE FOLLOWING ARE EXAMPLES OF SPONSORED ALIENS WHO WOULD BENEFIT FROM THE 40 QUARTERS POLICY:

-- AN ALIEN WHO CAME TO THE UNITED STATES AS A STUDENT ON AN F-1 VISA AND, WHILE WORKING LEGALLY, ACQUIRED 16 QUARTERS OF SSA COVERAGE, FOLLOWED BY 20 QUARTERS OF SSA COVERAGE WHILE WORKING ON AN H-1B VISA (ALIEN IN SPECIALTY OCCUPATION PROFESSION), EVENTUALLY FOLLOWED BY 4 QUARTERS COVERAGE WHILE WORKING AS AN INTRACOMPANY TRANSFERREE ON AN L-1 VISA.

-- AN ALIEN WHO ENTERED THE UNITED STATES ON AN 0-1 VISA (ALIEN WITH EXTRAORDINARY ABILITY IN SCIENCES, ARTS, EDUCATION, BUSINESS, OR ATHLETICS), ALONG WITH A SPOUSE WHO ALSO HELD AN 0-1 VISA, BOTH OF WHOM WORKED FOR FIVE YEARS, EARNING A TOTAL OF 40 QUARTERS SSA COVERAGE BETWEEN THEM.

-- AN ALIEN WHO ENTERED THE UNITED STATES ON AN H-2A TEMPORARY AGRICULTURAL WORKER VISA AND WORKED LEGALLY FOR FIVE YEARS, FOLLOWED BY TWO YEARS WORK OUT-OF-STATUS, FOLLOWED BY ONE YEAR OF LEGAL WORK UNDER TEMPORARY PROTECTED STATUS, FOLLOWED BY TWO MORE YEARS WORK OUT-OF-STATUS, MAKING REGULAR SOCIAL SECURITY PAYMENTS EVEN DURING THOSE PERIODS OF UNAUTHORIZED WORK.

-- A FOUR-YEAR OLD ALIEN JUST ADOPTED BY A U.S. CITIZEN PARENT WHO HAS WORKED AND MADE SOCIAL SECURITY PAYMENTS FOR TEN OR MORE YEARS IN THE U.S.

14. CA/VO REMINDS INTERVIEWING OFFICERS THAT 9 FAM 40.41 DIRECTS THEM TO CONSIDER THE TOTALITY OF THE ALIEN''S CIRCUMSTANCES IN DETERMINING WHETHER AN IMMIGRANT VISA APPLICANT IS LIKELY TO BECOME A PUBLIC CHARGE. THUS, EVEN IF AN APPLICANT HAS A VALID I-864 OR PROOF OF THE 40 QUARTERS OF SSA COVERAGE, THE INTERVIEWING OFICER SHOULD BEAR IN MIND THE BIG PICTURE AND CONSIDER ANY OTHER RELEVANT FACTS THAT WOULD INDICATE THE APPLICANTS LIKELIHOOD OF BECOMING DEPENDENT ON THE U.S. GOVERNMENT FOR SUBSISTENCE.

15. THE FULL TEXT OF THE USCIS MEMO MAY BE FOUND AT THE FOLLOWING WEBSITE: WWW.USCIS.USDOJ.GOV/GRAPHICS/LAWSREGS/HANDBOOK/AFDSUPTCCA.PDF.

POWELL

I got this off USCIS he has 76 working quarters. Now you may be right . Will go see an attorney... I know you might be trying to help but before you tell someone everybody must file an I-864 do some research all 76 came before 1996

I have not heard of such petition, but I am eager to know the repsonses. I heard/read somewhere if you have a business and can prove that you cant do it by yourself without help and cant afford to get a worker here? Anyway, I can be complately wrong, I would really like to hear from the experts

You're talking about temporary worker visas, which is something completely different from what Pat was asking about. Temporary worker visas are issued to a foreigner to come to the US for a specific period of time to work for an employer in the US. They are non-immigrant visas because the foreigner has to leave the US when the visa expires. You are specifically talking about a business owner sponsoring a foreigner for a temporary worker visa. The requirements are different for each type of temporary worker, but in no case does it have anything to do with not being able to afford to hire an American worker. In most cases, it has to do with a shortage of available American workers with the skills or knowledge needed for the job.

Pat was talking about an SB-1 visa, which is a type of visa available to someone who already has a green card, and has left the US for less than one year and wants to return.

Anyway, this site is about family immigration, so this is not a very good place to look for advice on temporary worker visas.

actually SB-1 are for people that left the country for more than 1 year. Im almost absolutely inclined to have hime renounce LPR so he can do it over again. come in on a parent visa dont need to file an I-864 because he has 40 working quarters in leiu of I-864 then we will take care of that stuff in NY to see how much he owes..... honestly his case is complicated... he left the country after he lost his job on a vacation while on vacation got into a severe accident which had hime paralyzed for more than 4 years and in rehab alomst 3 years after that...... We did live with him so custody was transferred and custody again transferred change of state was made my mothers income change many times as you can see the complexity of this case is crazy... I don't know but I might be more inclined to take care of the child support issue in New York then petition him after seeing how much he owes and some legal documentation as to whether it was justified or not might sway the CO mind one way or another. Honestly my dad is in bad shape I dont see him living another 10 years if he remains there .... I hope they will take all of this into consideration

i can't wait till Joe gets pulled out of AP. I hope you are having a good time in Colombia. I sure envy you. Now that we had the visa approved I guess all we are waiting for is for it to arrive. I'm glad this phase is actually over but In a way wish all of us never had to go through this. The 2nd day we were there my wife said something to me that really touched my heart. She said why do I have to ask a government permission to be with you if God made one land for everybody. Tears were coming out of her eyes. I didnt know what to say ..... Why the helldoes JOE have to wait 6, 8, 10 weeks to get his fiancee's visa approved it makes no F'in sense. Comin Bogota pull it together ..... Take care guys

funny thing is ....... he will never be able to pay it from over there lol... i dont know if there is a statue of limitations on this..... might be interesting to find out though

Hello Guys! Just have a quick question. I sent my RFE correction papers yesterday via USPS Overnight delivery. I logged in awhile ago and track my documents. Apparently USPS attempted to deliver my package at NVC and left a notice. I tried to call USPS to arrange a redelivery for my documents but no such luck. My question is do you think NVC will pick up my papers at the post office or would the post office will redeliver it 1st thing Monday? Because it said that if the item is unclaimed after 5 days it will be returned to the sender. What's the best thing for me to do? Thanks!

They will redeliver. This happened to a couple of February Filers also.

DANG 3 responses in less than a minute LOL!

guess mine is too long to read lol should have waited for during the week lol

Hello Guys! Just have a quick question. I sent my RFE correction papers yesterday via USPS Overnight delivery. I logged in awhile ago and track my documents. Apparently USPS attempted to deliver my package at NVC and left a notice. I tried to call USPS to arrange a redelivery for my documents but no such luck. My question is do you think NVC will pick up my papers at the post office or would the post office will redeliver it 1st thing Monday? Because it said that if the item is unclaimed after 5 days it will be returned to the sender. What's the best thing for me to do? Thanks!

Dont panic this is not the first time usps dealing with the nvc today the office is closed the usps will attempt to redeliver on Monday, eventhough I think the NVC has a liason at the local post office not sure though I know they have one in the Chicago Lockbox take care

if any of you guys have read my posts in the past you might be a little familiar with my case. anyways here goes. I met my wife online through hi5 in april of last year we maintained a friendship online. Before I had met her she had been accepted to go to school in Berkeley. On May 14 she had an interview for her F-1 visa which was approved. Although I did like her our relationship did not go beyond mear attraction and a nice friendship . However things started to heat up so i decided to go visit her. I went down in July and fell in love . I asked her to transfer to New York so I could be closer to her. She obliged and recieved confirmation on July 22nd. She entered the U.S. on Aug 8 2008 and came to visit me. Our relationship intensified during this time. Driving home from work I was like I am going to marry this girl somehow someway I am gonna make it happen. I came home and proposed she said yes..... and I asked when I was like tomorrow. She said are you crazyyyyy. LOL I told her lets get married now Well have a religous ceremony in the future . She agreed we went to the courthouse were not allowed to bring a camera to the courthouse and married she proceeded on with her classes in New york but withdrew early to return to Colombia. I petitioned her had a couple bumps due to delays in processing and everything went smooth sailing until thew first interview. My wife was questioned how did you meet him. when did he come visit you. When did you enter the U.S. and where she told her ny and look puzzled my wife proceeded to explain that she had transferred to ny . Her visa was issued for the school to berkeley. She said she wanted proof of attendance and transfers. then she spoke to me asked me for the same things. and told me that my case looked very bad... we might be talking about a permeant ban inadmissability. She handed me a white 221g slip requesting documents to determine eligibility. We obtained the documents, pictures of her being in ny and school, transfer records provided a timeline. We were never called for an interview.... A consular worker handed her the pictures told her it were hers to keep and proceeded to tell her her visa was approved the co does not need to see you. I went crazy i was happy.... I was a little surprised the Co made no attempt to prove bonafide relation did not question her about ny again nothing not what she likes not what he liked..... i saw a red flag post i fell under like 6 of them lol and not one question I am stunned do not know what to say opinions?

My father came in the U.S. in 1981 as an undocumented worker and filed for LPR and recieved his greencard in 1987 under the 1986 IRCA act . My father maintained his LPR until 1996 where he left the country and has not return since. Hence has lost his LPR due to abandonment. I will file for his petition in December. Question 1 Does he face any ban to the U.S. because of his illegal entry to the U.S. in 81.... 2. His is also in arrears in child support for hundreds of thousands of dollars. Will that prevent me from petitioning him. I am almost certain that If I was in arrears that would prevent me but I have researched and do not see any law applicable to his situation I could be wrong however. His abandonment was not intentional he had an accident he has maintained his intent to return the whole time but would be difficult to prove for the SB-1 visa. He was unaware such visa was available to him until I did some research .. Any help would be greatly appreciated . I might seek some counsel assitance dut to the complexity of this case but any help you guys can provide would be great

Does this happen often ? I am so happy I am back in the U.S. it was just yesterday morning that I was in the consulate fearing a visa denial god is great .. god bless all the vj'ers always believe never lose hope

WE HAVE BEEN APPROVED OMG I COULDNT BELIEVE IT THEY QUESTIONED MY WIFES INTENTIONS TO ENTER THE US ON A STUDENT VISA ON MOMDAY ASKED FOR HER SCHOOL RECORDS HER ATTENDANCE RECORDS BLAH BLAH AND HANDED A 221G WE BROUGHT THOS DOCUMENTS WERE NOT QUESTIONED WAITED 8 HOURS AND RECIEVED AN APPROVAL FROM A CONSULATE WORKER SAYING HERE ARE YOUR PHOTOS YOUR VISA HAS BEEN APPROVED THE CONSULAR OFFICER DOES NOT NEED TO SEE YOU SHE HAS APPROVED YOUR VISA .

Ahhh Pat,

Thats one thing about this wretched government sometimes. That they are more interested in protecting everyone else that the freedoms we hold near and dear to us are not always there in place. I really will be praying for you and your wife. ###### like this makes me mad and I hope for the best.

Stay positive, smile, act like this is going to be a good day no matter what. Positive energy grows on people and if the laws of the universe are concerned you just might be able to make a person get infected with it there as well and give you your approval.

James

I hear ya, James! Stay positive....

Joe

And I hear both of you her visa was approved .........OMG I couldnt believe it. We didnt even have an interview. expect to wait a long time when they call you back 221gs took forever there were abput 4 or 5 of us left . We submitted all of her school records a timeline and waited waited and waited some more. at 130 the Consular Officer,s were out to lunch so they handout a pink slip telling ou to come back at 230 . 2 couples had recieved it. We were called next. My wife expecting a pink slip puts her hand in the little area where you recieve and give documents and a worker tells her pick up the phone he hands her back some photos that were proof she had actually studied in Ny when she came in to the country with the F1 visa, he is like these are yours. Please pay domesa the fee congratulations the CO has approved the visa . No questions of our bonafide relationship none on the first day she was asked two questions how do you meet him and why did you go to new york when your original visa was to ca she asked us to bring the documents supporting her answers . I am astonished so happy Cr-1 visa is en route joe , james thank you for your support and god bless you best of luck to everyone .

Hey Pat,

Good luck man! Let us know how it goes there...

Joe

P.S. I don't know if I was at Alberto's apt., or his sister Martha's!!! It was a 3 bedroom close to a mall, I remember....

Yep, that's the same apartment. Alberto owns it but his sister Martha and her husband are the ones who help him with the transaction since he doesn't speak any English. He's a very nice and honest guy.

GOOD LUCK PAT!!!!!!!!!!!!

Diana

Visa denied 221g requesting some information regarding her visit to the u.s. on a student visa. Looks like Im looking at a possible visa denial we have a second interview on thursday and we have the info in route. We had to buy a pin and reschedule the interview. She told me give her the info we will take a look at it , but her getting married so quickly looks very bad .....we might be talking about inadmissibility. I am worried but theres nothing I can do at this point Im praying for a possible approval but the likelihood of getting a approval is slim. Joe take care and uhhh alberto said it was you martha is his sister who is married to a canadien. Take it easy

Pat,

I am sorry to hear about the 221g- I hope that they will approve it when you show them the documents they are asking for... you have another interview this Thur.? Keep us informed and good luck- I hope you get an approval...

Joe

Yes it is on thursday . I consulted with an attorney and he said that it was a bunch of bs that what happened there is they thought we were lying to them .when we show them the documents and explain our story there should be no reason for them to deny in fact he said if they deny and return the petition and apply for an appeal I290b we have a very good case . All I can hope is for the best best of luck to you joe good luck .......