Nahathai_Ike

What kind of visa did she have when she had the child in Texas ten years ago? Has her GC expired? Did she never file for citizenship when she was in Texas?

I believe that both parents were here on the student visa, F1. She said that she was a graduate student when she delivered the child. Both were non-resident. They entered and departed the US legally,

A single mom asked me the question and I would like to know whether it is possible to bring the child back to the US.

A child was born in Houston, Texas 10 years ago. He has the US passport. However, his mom and dad went back to Thailand after they completed their education. The child has a dual citizenship.

Approximately five years ago, the parents decided to get the divorce. The mother had a sole custody for the son. Due to the situation in Thailand, she would like to come back to the US and live over here with her US Citizen's son.

She does not have any relatives but she would like to start something new here in Houston, Texas.

Questions:

1. Can she apply for any type of immigrant visa to allow her to come and live in the US with her son?

2. Does she need anyone to petition her to come to the US? Since the child is still a minor, he cannot act or make any contract.

3. What are the different between her situation and the situation of the person who won the Diversity's lottery visa? Since the winner might not know or have any relatives living in the US at all. They can travel to create their new lives over here.

Thank you for your time.

Hello,

Thank you all for the comments.

Look like the 5-years might be easier. She needs to wait for a few months.

Regarding the documentation to be submitted for a 5-year rule.

Will she be required to submit all of the marriage documents, such as copy of marriage licenses or some other court paperwork?

Will these documents be enough, too many or too few?

* Copy of her GC, driver license

* Some utilities bills with her name;

* Copy of the IRS tax returns for the past 5 years;

* Beneficiary copies of the wills;

* copy of the deeds that she is a joint ownership of the house;

* copy of the joint ownership of the car;

* copy of the marriage license ??

Does she need to supply any other copies such as birth certificate, previous name change, etc?

I am curious of how much less paperwork that she needs to submit.

Don't know why people make things so complicated, just wait another therr month an you she'll have the needed 50% out of 60 month and less trouble then filing under the 3-year rule.

Why do you say that a 3-year rule has more troubles than a 5-year rule? Please explain. Thanks.

We have all of our documents ready. For the tax purposes, we need to send them the copy of the tax returns. Most of the joint properties and marriage license are still there.

Based on what we calculate, we can file the 3-year rule as of April 1, 2015. But we have to wait for around three and a half months, which will be around mid July to August before we hit the 5-years mark. Would it be better to wait for 3.5 months?

We do appreciate your response. Thanks.

Hello,

My wife plans to file the N-400 for US citizenship. My wife is a GC holder. We have been married for over seven (7) years and I am the USC for over 10 years.

Part 1 of the N-400 form, she does qualify on both cases:

1. Have been a Permanent Resident of the United States for at least 5 years AND

2. Have been a Permanent Resident of the United States for at least 3 years . In an addition, you have been married and living with the same US citizen spouse for the last 3 years , and your spouse has been a US citizen for at least 3 years at the time of filing you Form N-400.

Our situations were a little bit different because my wife had been traveling outside the countries several times due to family issues. If we use the 5-years rule, she was outside the US for approximately 2 years and 9 months. (or 33 months out of 60 months) This is more than half of the requirements allowed by the USCIS in applying for the US citizenship.

By the way as an FYI, NO TRIP was longer than six (6) months.

However, if we use the 3-years rule, the total time that she was outside the US for approximately 1 year and 5 months (or 17 months out of 36 months). This is less than half of the requirements allowed.

(During the last eight months, she has not traveled outside the US at all because the family issues had been resolved.)

Questions:

1. We would like to file the N-400, under the 3-years marriage rule. Will this be OK?

2. Can we file the N-400 under the 3-years marriage requirement because we believe that we do qualify for the total of days required by the USCIS?

3. If we use the 3-years choice, will the USCIS determine using the days outside the US during the past 3 years or the past 5 years? All questions of the N-400 form indicated the past 5 years. We are concerned because we will not be qualified regarding this matter.

We do appreciate your time and response. Thank you.

Thank you for your reply.

My wife has a 10-year green card with an IR-1 visa. However, due to the circumstances that she has to frequently travel outside the US and cannot temporary maintain residency requirement (> 6 months abroad) due to taking care of her parents, she might encounter the problems while coming back to the USA. (Right now, it is depending on the circumstances of the urgency, she has to go back abroad for a longer period. When she finds the relief, she will fly back to the US again.) This will be a continuation until the tragedies pass.

This is the reason why she will need to apply for the Re-Entry permit.

------------

However, the rules regarding the application of the Re-Entry permit, the applicant must be physically staying in the United States. (This means she cannot leave the USA until she finishes her biometrics.)

When she comes back from abroad next time, she will immediately submit the Re-Entry Permit application. However, within the next 4 days, she and I need to travel to Puerto Rico and American Samoa for the employment related.

That's why I would like to know the interpretation of the rules regarding the Re-Entry permit whether going to Puerto Rico and American Samoa, where they are the U.S. Territories, be considered as traveling "outside" or "inside" the United States.

****

She has the green card for over four (4) years now. This is not a CR-1 issue.

I hope I am clear on my explanation. If not, please kindly post the questions. All I need to know is whether the travel to the U.S. Territories is considered outside or inside the US. (I could not locate the answer anywhere.)

Thanks again.

My wife considers applying the I-131 Re-Entry permit when she comes back from taking care of her mother abroad.

Based on the information that I gathered, she has to be physically inside the United States and remains "inside the United States" until she receives the notification to have her biometrics conducted at the USCIS office before she is allowed to travel outside the United States.

****

I plan to take my wife to Puerto Rico and American Samoa on works related matters after she comes back from taking care of her mom. I cannot reschedule my travel. So, I will need to tag her along with me. My question is: ---> Will these travels be considered "inside" or "outside" the United States? Puerto Rico and American Samoa are considered the insular areas of the United States.

(According to the definition:

An insular area is a United States territory that is neither a part of one of the 50 U.S. states nor the District of Columbia, the federal district of the U.S. Such areas are called "insular" from the Latin word insula ("island") because they were once administered by the War Department's Bureau of Insular Affairs, now the Office of Insular Affairs at the Department of the Interior.)

I do appreciate your time and response regarding this question. Thank you.

My brother is in the US as an F1 student. I applied the green card for him last year and I received the NOA2 from the USCIS that his case has been approved. All relevant documents have been forwarded to NVC.

From what I understand, NVC will be related to visa issuanace for an individual to enter the US legally. Then, afterward, the matter will be handled by the Homeland Security Department (USCIS).

The strange thing that I saw on the NOA2, had the A# on my brother's name. (A# is a 9-digit signified for the alien case number.)

In my brother's case, will the visa be necessary or the adjustment of status in the US is sufficient? I was surprised to see the A# on it. Will he be subjected to any priority date on the visa as well?

Please advise. Thank you.

Wife does NOT have zero dollars income - taxes filed jointly represent joint income,

even if the wife only worked at home.

So, based on the case like this:

1. Is it necessary to file the I-864A, because of the husband's income?

Part 6 of I-864 asks for Sponsor's income and employment

Item # 23. My current individual annual income is: ........ zero ?? Isn't it?

Item # 24. Choice b. She has to use other person who was counted in the household size, which is the husband. This should total the household income on choice C. Then, she has to mark choice D, that the person listed in Choice B should also file the I-864A.

Item # 25. Then, the Total income should be jointed, right? Or it would be zero? So, it will not double-count the husband's income in I-864A?

These are the items that make me confused. Thanks for your reply.

Petitioner = WIFE (Legal Permanent Resident)

Beneficiary = Son of Wife, under 21

Wife had zero dollars income. Wife filed the joint tax return with US Husband.

Beneficiary will be staying in the same household.

What type of I-864 or I-864A forms should be filed?

1. Wife will file I-864 and mark as a petitioner and do the filing for immigration relative. I-864A will be filed by the husband. Wife will sign Part II in the I-864A as sponsor. (Number 24 on I-864 indicates that the sponsor can use other person's income in the household. Need to name that person and mark "d" in 864A

or

2. Wife will file I-864 and mark as a petitioner and do the filing for immigration relative. Second I-864 will be filed by the husband anfd mark it as, "I am the only joint sponsor."

or

3. Husband files I-864. (This might not happen because he is not a petitioner.)

or

4. None of the above. (Please indicate of what to do.)

Since wife has zero income, what should she fill the information regarding Federal income tax return information? (She has been doing the joint filing.)

My thoughts believe that method # 1 is the correct one. Wife files I-864 and husband files I-864A. If this incorrect, please post on the board. Thank you for your time confirming the scenarios.

p.s. Do you think NVC can answer this question? Do we have this similar scenarios elsewhere?

OR

THE HUSBAND WILL FILE I-864 ON BEHALF OF HIS 20-YEARS OLD STEPSON? CAN HE DO THIS? IF HE CAN, will he be considered as a joint sponsor, per choice D?

But he is not the petitioner, his wife is. Can he do this?

Hello,

Situations are at follow:

1. Husband - US Citizen - occupation: Project Manager Annual income: $50K

2. Wife - Green Card holder - occupation: Housewife Annual income: $0

Both filed the joint tax returns during the past two years.

Wife has a son who is currently 20 years old. She petitioned him a visa via I-130 last year and received an approval via NOA2 last month. As of today, the case is still at NVC. The case number should be issued next month. I am her neighbor and she asked me to help preparing some of the forms.

I'm stuck with the I-864 and I-864A forms because I have never used this I-864A before.

=======================================================================

Questions:

1. Part 1 on the I-864, she has to fill in the a.choice, which states, "I am the petitioner. I filed or am filing for the immigration of my relative." Am I correct? Another choice is e, "I am the first or second of the joint sponsors. I am uncertain which one that she needs to mark. Instructions given is leaning toward the a. choice, because she filed the I-130 with USCIS.

2. Part 6: Sponsor's income and employment. I am uncertain how she needs to answer these parts.

Question: 22: I am currently --> b) self-employed as housewife???

Question: 23: My current individual annual income is: 0.00 (should we put zero in here?

Question: 24: b. Income you are using from any other person who was counted in your householdsize, including, in certain conditions, the intending immigrant. (See step-by-stepinstructions.) Please indicate name, relationship and income. Should she list the name of her husband, relationship as spouse and current income of 50K on this line?

Choice d. The persons listed above have completed Form I-864A. I am filing along with thisform all necessary Forms I-864A completed by these persons. I believe she should mark it because her husband will file the I-864A. Let me know if this is incorrect.

Question: 25: This is the most confusing question. It states:

I have filed a Federal tax return for each of the three most recent tax years. I have attached the required photocopy or transcript of my Federal tax return for only themost recent tax year.

My total income (adjusted gross income on IRS Form 1040EZ) as reported on myFederal tax returns for the most recent three years was: ............

This question asks "I", which is the petitioner. But she filed the joint returns with her husband. Does she need to fill her income as zero, because the question asks for "I", not "WE"? She should have only two years filing because she has been in the States for only two years.

Need help on this question. Incomes filed with IRS were jointed returns.

I think, that should be it for Form I-864.

==========================================================================

I-864A will be filled by her husband, which is a lot easier.

Question: # 11: The figures regarding the total income for the past three years belongs to him.

The sponsor, his wife, has to sign on part II and he will sign at the bottom as Household's member.

==========================================================================

I do appreciate if anyone can guide me to fill and verify whether the information is correct. Thank you again for your time.

USC - male married LPR - Female. They have been married for 3 years.

LPR has a 10 years old son. (The beneficiary is the son of the wife.)

USC husband petitioned for the son. Husband and wife each had been previously divorced.

Case sent to NVC. Got NOA2 approved by USCIS.

Questions:

1. When NVC requests for documentations, shall the divorce documents (decrees) be required with all of the documentation? (There were over 30 pages on the original for USC. For wife, there were certified translation piece of the divorce document.) USCIS had the photocopies of these documents for approval.

NVC had viewed the wife's documents before when her case was sent to NVC 4 years ago.

2. Does the photocopy of the wife's green card be required? Wife is the mother of the beneficiary.

3. Wife changed her name two times. Should these documents of name changes be included to be sent to NVC, even though she is not a beneficiary.

Thank you for your time and response. Thanks.

Based on the information that I read, the beneficary can send an email to NVC, with scanned DS-3032 as an attachment. The file should be in PDF format. The email's contents should follow what has been displayed here:

http://www.visajourney.com/wiki/index.php/Email_DS-3032_form

After the beneficiary sends email to NVC, what will happen to the original DS-3032 document that contains the signature? Is the beneficiary required to mail the hardcopy (from overseas) to NVC as well?

I am still confusing on this topic. I do appreciate if someone can enlighten me on this one. Please share the experiences and comments. Thank you.

Yap, I have been waiting for mine as well... as an immediate family member, 21 years or younger. We got the NOA1 on the last week of March, 2010 for the California Service Center. They indicated that it should take five months for the processing time.

Does anyone recommend contacting the USCIS to see where the situation is at the present? Thanks.

Hello,

I have couples of situations that will happen to our friends soon. I do not know which one it will be. However, we need to hear your comments.

* Husband is US citizen. Wife is a Thai, with Legal Permanent Resident (LPR) status. Her 13-years old son is also an LPR.

* Both are legally married. USC husband petitioned both of them.

* They are all residing in the State of Missouri.

Situation I

* Wife would like to go back to Thailand in order to take care of her parents for 3-4 months. Minor child stays with his stepfather.

Questions:

1. How can the husband become a legal guardian for the child, when the mother is away?

2. Will she need to go to the court and file any paper or she can just type a letter and have it notarized?

Situation II

* Wife and her minor child travels to Thailand. USC husband follows later. Minor child will travel back to the States with his stepfather.

1. Can the mother give the consent to the USC husband as legal guardian for her child (while staying in the United States) by signing the paperwork to the Thai authority? Then, the paperwork will be translated notarized by the Ministry of Foreign Affairs.

2. Will this type of paperwork / Legal Guardian consent valid to be used in the US?

One way or the other, the parties involved, which are the wife and husband, will be together to sign any consent.

My questions are:

1. Will any of the practices valid and legal?

2. What method is the best, signing on the US soil or in Thailand?

Thanks.

Hello,

I saw the topics like this, but they contained older information.

I sent out an I-130 out two weeks ago. I got the US Postal Service confirmation that the package was received on March 11, 2010 at the Chicago lockbox. (I did not send the documents directly to any service Center like the older posted normally stated.)

I am uncertain whether March is very busy month for USCIS to do all of the processings.

I have been waiting for a little bit over two weeks. I have not seen the USCIS cashed my check yet. (I am uncertain whether which one should happened first, received the NOA1 or check cashing by USCIS.)

Questions:

1. Do you recommend us to resubmit the documents? How long should I wait before resubmitting? (I plan to call the bank and cancel that $355 check as well.)

2. How can I follow-up with USCIS without the case number? Should I write another letter to that lockbox?

Thank you for your time.

p.s. (If the topic or posting is on the wrong forum, please move it to appropirate place. I do not know where I need to post in other forums. Thanks.)

Does the topic owner have any update regarding the situation?

Please share your experience over here.

Right now, there is a couples that we know whose situations are very similar to yours.

The husband is a US citizen. The wife is studying abroad for her Ph.D.

The husband is OK because it is a sacrifice for the family.

The wife comes back to the US, every semester breaks or every four months.

They have filed the tax together for couple of years. Her CR-1 will be expired next March or April, I could not remember.

All of the assets are listed in the will for the wife to be the beneficary. They are all in the USA. The IRA, 401K, bank accounts, utilities bills are in both names. (Wife is the beneficiary on all of the accounts.)

Wife has an intention to stay in the US, when her education is completed.

Wife has a 13-years old son who is living with her aunt in Thailand. She has not yet filed the petition to bring him her because of her frequent "out of the country." She intended to have him stayed with his step-dad. The husband had no problem and welcome him to be in the US, if he gets the visa.

The wife has not yet applied for the re-entry permit because it will expire the same day that her GC expired, (within 6-7 months.) The couples intended to file I-751 to remove the conditional status.

Please update your status because we would like to know the hurdles or obstructions that you have been encountered. Thank you.

Hello,

I do wonder whether the above statement was completely true and accurate.

An American husband filed a no-fault divorce with the wife whose conditional status was required to file the I-751. After listening to the entire story, there were no abuses or mistreatment involved. The marriage was based in good faith. She hired a lawyer to file a waiver, which was also described in I-751 instructions.

In the present, she still receives some monetary support from her "soon to be ex-husband" as well. Her GC is already expired. After the divorce has been finalized, there were no alimony. She does not even hire the divorce lawyer because she solely relied on her ex-divorce lawyer. (She told me that it was good that she did not even have to pay a penny on the settlement.)

She told me that she could get a 10-year GC. (The divorce is not yet finalized. Her lawyer said that, it was not a problem. All he wants is a divorce decree and she could get a 10-year GC. Then, he will submit a form called, I-752 (not I-751) which I do not know what it is. I guess it is not a standard USCIS form.)

******************************

I felt very strange that, if the situation turns out like she describes, everyone should get the 10-Year GC with or without any divorce.

I thought that the USCIS would only consider the cases that were abusive in the relationship. However, it was turning out to be a peaceful divorce. They even help each other to accommodate any requests.

All comments are welcome. I was surprised to hear something like this, that's all. Thanks.

Good luck to your friend and her family. Remember, the son cannot get married before his mom becomes a US citizen. If he does, the petition will be revoked as a LPR cannot petition for a married child. Once revoked, the petition cannot be reinstated. Lots of people lose blow this and missed their chance to immigrate to the US.

Hello again,

Assume that the son does not get married for at least many more years, does his mom needs to be a US Citizen or she can still remain as an LPR?

She told me that she had just mailed an I-130 petition for her 20 years old son. (I assume that there is no clause preventing her to do so, even though she is on a CR1, which needs to be adjusted the status next year for a 10-year GC.)

Thank you for your reply.

Thank you all for answering the questions.

Apparently, the information that I received was inaccurate.

The first born son of the wife has just turned 20 years old in April 2009. As of today, he will be 20 years old and three (3) months. (The wife quoted me in the Buddhist year and I was two years off. ) He was born in April, 1989. This means that he is unmarried and under 21 years old.

However, both couples were married when the child had already turned 19 years old. (The relationship was not established as a stepchild at 16 years old.)

Questions:

1. I do not think that the US Citizen husband can still file the petition for the 20 years old stepson, am I correct? I believe that the mother who is legal permanent resident has to file the case for him anyway. Am I correct on this one? USC stepdad cannot file for the 20 years old because the marriage to his mom did not occur before his 18th birthday. Mom has to file the I-130.

2. If the wife decides to file the case right now, will the classification move up from unmarried child 21 years old to unmarried child under 21 years old? Initially the case will be an F2a (LPR petitioning for unmarried child under 21). Once the son reaches age 21, the case will be reclassified as an F2b (LPR petitioning for unmarried child over 21). CSPA may or may not apply - absolutely no way to determine that at this time. My guess is that it will not because the the time between approval and a visa being available has to be less then 9 months in this case for CSPA to apply. (Don't ask me to calculate this.) So the child will ultimately be in the F2b category.

3. When will this 21 years old be determined? If the wife files petition right now, the USCIS might receive the case before the son turns 21 years old, I do not know how it is being counted. For the family preference categories, age is determined at the time a visa becomes available.

I do appreciate your time and response. I can provide the accurate information to the couples. Thanks again.

Thank you for your time writing. I informed her to send in the case right away and let USCIS determine whether CSPA will apply.

We know that worst case scenarios will be an F2b. With any lucks, it might be an F2a for them.

Thanks again for your thorough response.

Thank you all for answering the questions.

Apparently, the information that I received was inaccurate.

The first born son of the wife has just turned 20 years old in April 2009. As of today, he will be 20 years old and three (3) months. (The wife quoted me in the Buddhist year and I was two years off. ) He was born in April, 1989. This means that he is unmarried and under 21 years old.

However, both couples were married when the child had already turned 19 years old. (The relationship was not established as a stepchild at 16 years old.)

Questions:

1. I do not think that the US Citizen husband can still file the petition for the 20 years old stepson, am I correct? I believe that the mother who is legal permanent resident has to file the case for him anyway. Am I correct on this one?

2. If the wife decides to file the case right now, will the classification move up from unmarried child 21 years old to unmarried child under 21 years old?

3. When will this 21 years old be determined? If the wife files petition right now, the USCIS might receive the case before the son turns 21 years old, I do not know how it is being counted.

I do appreciate your time and response. I can provide the accurate information to the couples. Thanks again.

Thank you for replying so quickly.

Another thing that I do not understand is the quotas:

family first preference 23,400 plus any unused 4th preference visas

family second preference 114,200 plus any unused 1st preference visas (and no less than 77% to 2A)

family third preference 23,400 plus any unused 2nd preference visas

family fourth preference 65,000 plus any unused 3rd preference visas

At the CA Service Center, it looks like there are only a few months different regarding the processing time, between 1st preference and second preference. Even though she will be the US citizen or not.

Second Preference: Spouses of lawful permanent residents, their unmarried children (under twenty-one), and the unmarried sons and daughters of lawful permanent residents.

They said that "no less than 77% to 2A." I believe that approximately 88,000 will be used for Spouses of lawful permanent residents and their unmarried children (under twenty-one). Then, the "2B" (unmarried sons and daughters of lawful permanent residents) or approximately 26,200 will be allocated to this category.

Look like I will recommend her to file for her unmarried 22 years old son first because it will take a long time to process. The 13 years old can be done almost anytime because the relationship has already been created even before his 16th birthday.

If I miss something, please let me know. Thanks again for your help.

A friend of mine who is a Lawful Permanent Resident, has been married to a US citizen husband, would like to bring both of her sons to the USA.

I read the article from the following web: http://www.visajourney.com/forums/index.ph...ration-overview and have some questions.

1. I believe that her US citizen husband will be able to file the I-130 petition directly to his 13 years old stepson. Am I correct? I believe that this should not be any problem and the visa should be available immediately. Please confirm.

2. Her US Citizen husband CANNOT FILE the petition for the unmarried 22 years old stepson. Am I correct? The LPR wife who is the mother has to be the one who files the petition for her son. Since this is a Permanent Resident filing a petition, the wait time should be a lot longer. Is this unmarried 22 years old son falling into the 2nd Preference, "Second Preference: Spouses of lawful permanent residents, their unmarried children (under twenty-one),

and the unmarried sons and daughters of lawful permanent residents" ?

I looked into the timeline for California Service Center. https://egov.uscis.gov/cris/jsps/Processtim...eviceCenter=CSC

Does this mean the case for the 13 years old can be processed quickly but for the unmarried 22 years old will be at least 7-8 years?

I do appreciate your time and response. Thank you.

You dont need the G-325A or photographes of you or your brother.

You do know that you are in for a very very long wait for a visa to become available to your brother? At the moment they are issuing visas to people in category F4 (Brother/Sister of US Citizen) who have a priority date of Oct 1998. so you are looking at 11 + years before he will be able to get a visa.

You can see the current dates here http://travel.state.gov/visa/frvi/bulletin...letin_4512.html

Thank you for your information. I realize that it will be at least a decade on the waiting list.

I would like to know whether the documents enclosed are sufficient to start the process. It needs to start some how.

Now, I realize that the G-325A and the photographs are not required.

Look like everything is in order. Let me know if any other documents are required. Thanks.