VanessaTony

It can be withdrawn, if it is requested prior to the case being adjudicated. After that (it's in play, abjudicated), the sponsor cannot "pull" it unless they use one of the four ways as listed above.
It's up to the SSA if they will allow the use of the spouses qtr's to count. For example, in a case of divorce;
There is a case posted here on this forum where the SSA refused to use them, so it's probably a case by case basis, depending on the specifics of that case. This is a better link, direct from the SSA.
She would still be responsible for the beneficiary until that person meets one of the four criteria to remove it. If the beneficiary marries another USC, there will be no new 864 (since the person has a GC).
Now lets say the beneficiary still needs to AOS, and marries another USC, again, whoever sponsors the AOS would do the 864. Only one would be needed. If the first sponsor pulls the 864 (before it gets adjudicated), the new USC would have to do their own 864 for this AOS. (most likely they will pull it, if they are smart about it)

This is ideal. There have been a few posts (and a couple today) where a religious ceremony has been done and yet the marriage not registered so the K1 is still available. Then when arriving in the US you will need to legally marry your fiance.
If you family wants it to be LEGAL in June/July then you may as well cancel the K1 petition and send in the CR-1 process but you can only do this AFTER you're married so this will mean your new wife will start from the start again, and have a wait time of around 8 months-ish from after your wedding.
if you DON'T legally marry her then you should be able to be together in the US around 4 months after marriage. I would do a religious and non-legal ceremony in June/July and a legal one in the US when she arrives, personally.

YOU DON'T HAVE TO SAY WHERE.
Is all revealed in yer prior posts. Seriously, call ICE, get their opinion.

$1010 for I-485 and $355 for I-130.

Only way would be to have a ceremonial marriage that was not registered. Otherwise you must start the process over. K-1 is only for unmarried persons.

He should be banned. I've been on this site a very long time and no longer help in the upper forums as I've more or less forgotten most of what I used to know, but I did help once upon a time and I did get help once upon a time. No one in my memory was ever that rude. That level of condescension should simply not be acceptable no matter how smart one is perceived to be.

May I ask what the point of this was? This is the second "just kidding" post I've seen today. Maybe I'm cold and humourless, but I don't really find it funny.

Posted 29 February 2010 - 01:47 PM
Please help, I have a few problems.
I filed way later then planned. I bought my fiance's airline tickets for may 15 (they are non refundable), is that enough time to get the K1 visa? Oh, I should be good sent packet in last week already!
A question about the G325A, should her extented time in prison have been listed here? I am affraid this may hold things up.
Well, I am sure that the I -130 was filled out correctly!
After all we did get our NOA 1 and check was cashed really fast !
Our evidence of relationship, that's solid. We first met during a drug bust in Manila, this is well documented including goverment pictures of us.
We are both still married to others, that shouldn't be a problem. Once we get our interview, Manila will be able to see it's true Love!
My main concern is that I signed my full name on all documents like my passport.
Got you ! this is an old post I did in 2008.
Zen's hubby, Dennis
P.S. Zen is yelling at me not to re-post this

Are you just a lifeless moron with nothing constructive to do?

When I discovered VJ in 2008, I was so ecstatic, because I was days from paying an Attorney specializing in Immigration to do my paperwork. Lateley, I have seen more and more rude, uncaring, condensending, etc. attitudes here. From what I have been reading, it seems to come from mostly those, the Petitioners, who have gotten their fiancee/fiance to the states already, and those are the ones, in my opinion, that seem to be the rudest when posting and thinking they are giving good advice. To me, these posters might as well be calling the ones coming to VJ for help and/or assistance dumbasses because that's what I'm detecting in their tone of voices when posting. It's like they have a damn degree in law and specialized in Immigration matters. I feel these rude posters that have been on VJ a while feel like they are God's gift to VJ. Remember, you are the master of yourself and don't be arrogant when posting. I'm just coming to the defense of those who have been talked down to, and you can tell the person that came here for help felt the same way because they are posting rebuttal comments, as well as others reading their posts, and I quote "there is no need to be rude" as one example, and too, some comments come across as such. You made your bed, now lie in it. There is no need for such comments, and yes, I'm good at reading between the lines for those who make such comments although you're not spelling it out in such a way.
I am thankful though for VJ because it has guided me to where I am now. Married, and about to do the AOS this month.

Minor point, but VAWA can only be used to adjust status if you're married to a US citizen who abused you. An abused fiancee has no basis to file a VAWA claim.
I also agree with others that this is not a material misrepresentation unless USCIS can somehow prove that she intentionally lied to the US government, either with the visa application, or upon entering the US. Unless they could prove that this course of action was planned in advance, I don't see how there's any misrepresentation.
Also, while she didn't satisfy the requirements of the K1 to qualify to apply for AOS, she didn't really "violate" anything. Aside from the overstay, everything she did appears to have been legal. You are correct in stating she blew her chance to get a green card, though.
I would also venture to guess that this is going to be a BIG mess at her next visa interview. She stayed in the US less than 9 months. In that period of time she managed to break up with the petitioner, move to Illinois, marry and subsequently break up with somebody else, and STILL managed to live for 6 months with her new boyfriend. If the consulate in Manila doesn't roast her over the coals at her next interview, I'll be absolutely amazed.

Sorry, the editor died on me!
First of all, the K3 visa is being phased out, instead you would be going for a CR1 visa, which means once the visa is in your spouses hand and they enter the United States, they have an automatic green card and there is no need to Adjust Status like a K1 would. A big positive, in my opinion, because Adjusting Status costs a lot of money and involves a lot of waiting around, unable to work or anything like that.
Like many other people have mentioned, you cannot secure a K1 visa and then get married. However, what many people do on the K1 is get married at the local courthouse to make everything legal, file for Adjustment of Status, and once they have money saved or their green card, have a 'proper' wedding in the US, or go back to the home country and have one their.
Unfortunately, going through the process of immigration is not a comfortable experience. Regardless of what visa path you take, there is a lot of waiting involved while being apart. You have to give up a lot of information about yourselves and you relationship to convince both USCIS and the Consulate that your relationship is legitimate. You have to part with some serious cash. You, as the US Citizen, have to prove that you have make enough money to provide for your future spouse, and if not, have a family member co-sponsor them also. As you said, you don't feel comfortable marrying someone without knowing they will be granted entry into the United States. That is a feeling you are going to have to get over, because every single one of us has had to deal with that.
For my husband and I, the K1 was the best route for us. We have been dating since I was 18, and did long distance for a long time. I did live with him for over two years on a student visa, so we could have married before I left last June and filed for a CR1, but we didn't want to elope and I wanted a 'proper' wedding. It does involve spending more money overall, but since we could afford to, we went for it. Here we are happily married.
Like you said, you are young, and by the looks of it, you have a few years before making a decision. My advice is to both start saving money now. Start gathering evidence now - keeping plane tickets, saving chat logs, letters sent to each other, photos together, anything you can think of that will prove that you are a couple and intend to marry. The more you have, the more you help eiminate the risk of denial. Read this website until you can't take it any more. The tabs along the top of this site have all the information you need. There are forums on here that relate to specific areas of the world, read them too so you know what you have to deal with relating to Uganda. And ask questions! We are more than happy to answer them.

Or just put white out over signature and resign over that. It would be proof that it is signed this time.

Well honestly, you need to show strong ties to your home country to get through on the visa waiver and it's obvious that your wife wasn't showing enough info THEN.
To get a visitors visa, just like with the VWP she needs to show strong ties to Austria.
I would have her take evidence of the Austrian property, have health insurance and a letter from her work stating that she works there and for how long she's worked there etc.
Here are the visa facts: http://www.usembassy.at/en/embassy/cons/niv_faq.htm Any time she travels she'll need to take this evidence of ties to Austria with her. Even WITH the visa it doesn't mean she is able to visit all the time. The visitors visa might be approved, but like I said, just because it is, doesn't mean that she is permitted entry if they think she's trying to immigrate and then it'll be cancelled.
Have you considered applying for naturalisation (I think 5 years makes you eligible) and then applying for a IR-1 visa for your wife? This will get her a 10 year greencard. I would investigate this option first personally. It means she can enter as much as she likes but there are residency requirements she needs to fulfil. After 3 years of having a greencard (and still being married to a USC) she can apply for naturalisation too... meaning you can both come and go as you please.
Best of luck in either event.

No. CR-1 is a visa to ENTER to US.
Adjusting from the F1 to conditional LPR (Lawful Permanent Resident) is what you're doing.

I've been guilty of some comments that have come over not exactly the way I intended, so let me try to do this a bit more gentle.
You did not provide us with all the important information, so I'm just guessing that you married a US citizen in the United States while visiting here with a B2 or perhaps a student visa. When applying for adjustment of status (AOS), the Immigration Officer (I.O.) has one primary job: finding out if the marriage is legit, meaning if it was entered out of "love" and affection, not because the foreigner would greatly benefit from such marriage by getting a Green Card.
I've walked in your shoes, so I know the walk.
When trying to establish whether or not the marriage is legit, the I.O. has to use common sense and common "standards." What I mean with that is that she would have looked at every angle of your relationship. How you met, how long you knew each other, what you do for a living, whether or not you appear to be compatible, and how you got married. To tell you the truth, it is very unusual for a married couple not to have a single photo of their wedding. Even small weddings have in most cases at least a friend of family member ("best man") present, and getting married is one of the most exciting moments in most people's lives.
I don't know how the I.O. came to the conclusion that your relationship isn't real, but she did. By the way, in your post you didn't mention with a single word how your wife would be affected by you having to leave the country. No offense, but I find that strange as well.
In any case, if somebody is married "for love" and the I.O. tells them that she believes that their marriage is fraudulent and asks them to sign a statement to that effect (signing that the I.O. is correct), I doubt that many people would do that. Had that happened to me I would have said: "you are wrong; I am not signing this statement. I would like to speak with a supervisor, please."
But you didn't. You signed your deportation papers, for reasons only you know. But at this point of your journey, I doubt that there's anything you can do. Even if you were to hire a competent immigration attorney, you'd only have a slim chance that an immigration judge would wipe your signed statement clear as if you never signed it, then overrule the decision of the I.O., and finally approve your AOS case.

No need for the "Bite me" comment. All opinions are those of a personal opinion.

Try applying for a Capital One Standard Platinum Credit Card, that's the one my husband applied for when he first arrived and he now has a credit score of over 750. We use it to buy groceries and gas and pay it off each month. It was a huge help when it came time to file for a mortgage, so it's a great way to establish your own credit.
I added him to my own credit cards and that didn't help at all, I was later told that he needed to establish his credit on his own and after applying for 4 different credit cards, Capital One was the one who approved him. The card does not have an annual fee and is designed for people with limited credit, such as students, new immigrants, or for people who want to re-establish their credit.
http://www.capitalone.com/creditcards/products/details/?sol=11170&tc=17&credit=3&linkid=WWW_0608_CARD_TGUNS01_CCBRWALL_C3_02_T_CP17017LW
Diana

I do not know where to begin...this is a major breakthrough for me...just finding a way to actually post a message. I am saying this on the assumption that I will actually be posting something that others can read when I hit the post icon.
The first few times I tried to click on the introduction icon, I was told that the page was down for updates or upgrades, or whatever. Evidently it has been down for a few days.Today, however, I must have done something different, because I managed to open that page. While reading it, I exited the page to check out a process I had just learned (clicking the "control" icon on the forums page to manage my profile). Not only was that icon absent from the indicated location, I could not get back to the introduction page to continue reading it. So I gave up on that and attempted to use the "search" feature to get information on the topic of sponsorship. This led me to a list of visa journey posts whose titles contained my search word, I clicked on several of these titles, but in each case, I was brought to the entry point of a topical forum. I guess my search word was in one of the thousands of posts inside, but that was as close as I got.
If I was not so intensely focused on doing whatever it takes to get my girlfriend to the US, I would have abandoned this website after the first ten minutes of head-shaking frustration. But I need this site. I have no doubt that the information here is necessary for the attainment of my goal. Until I find a better source of information, or until I sort this system out, I will continue groping here in the dark for those precious nuggets of guidance that I must have.
Like I indicated earlier, this note may be as private as a diary page for all I know. But on the chance that someone, somewhere on this site will find my message-in-a-bottle, there are two souls an ocean apart out here, who need your help to bring them together.

I have read thats why I know this will consider Abandoned. I read again, did you?

Returning Resident Visa (SB-1)

Okay. It's obvious that you don't understand English very well so I'll keep this as short as I can(I'm not being offensive, your post clearly indicates a poor grasp).
By staying out longer than 12 months she has abandoned her status. In this you are correct. BUT, the issue isn't this particular 15 month stay outside the US. The issue is that for the last year, or few years, she's been lying about residing in the US and trying to hide her lie by a quick visit every now and then.
By returning only "every now and then" in order to maintain her status even though she is quite clearly living overseas is FRAUD. Part of getting a greencard is to LIVE in the country where you have LPR status. She is FRAUDULENTLY claiming that she is living in the US which is the basis for retaining LPR status. She is claiming to the CBP officers that she's "returning home" to the US when she's only stopping by to LIE to them about still living there. I guarantee that if she said to CBP what she has been doing she'd be in trouble for LYING about living in the US.
When she returns (or tries to return) to the US with her greencard they will notice the 15 month stay outside. Then they'll look at the last time she left and returned, and the previous time to that and they'll notice her pattern of remaining in the US only for a short time. They will not be nice about the fact she has lied so many times and has been using the GC like a visitors visa. She will have her card revoked. Whether she is able to get it back by a Court hearing is impossible to know but it's highly unlikely given the several times she's lied. Had this been the first time they might have been more understanding, but as it's a regular occurrence and because she's obviously NOT maintaining her LPR status then they will revoke it. Hopefully they won't give her a lifetime ban for all the lies, but no-one knows for sure.

UPDATED FORMS
For those that have missed the update on the home page about the update to I-485, I also found the following have been updated:
- I-485 (AOS). The USCIS website says previous editions not accepted. The new form was revised 3rd Dec 2009 Beginning February 25, 2010 most applicants must submit Form I-485 to a USCIS Lockbox facility, depending on the eligibility category under which they are filing, as provided in the form instructions.
- I-693 (Medical). See the special instructions here: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD that explain what editions are or are not accepted. Form revised 25 Feb 2010
- I-765 (EAD). Previous edition accepted. Revised 12 Feb 2010.
UPDATED FILING ADDRESS
So finally I'm able to edit the OP (thanks to organiser status) but I hadn't had a chance to check filing addresses etc. The courier address has changed as of December 09 and the OP has now been updated. Here is new "new" address:
USCIS
Attn: FBAS
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517
I believe anything sent to the former address will still be accepted so people try not to panic if you've sent it there.

AFFIDAVIT OF SUPPORT - DOC UPDATE
After a more extensive read of the I-864 paperwork (I apologise as I went off VJ information and the 864 checklist, rather than read the 864 paperwork thoroughly -- it's a lot of pages!), and on the advice of another VJ member, I have updated the list of required docs (I can't edit the OP though, so have listed more info below).
Income Requirements
The income requirement is 125% of the poverty line, and dependant on the number of "household members" (see below). The poverty information can be found here: http://www.uscis.gov/files/form/i-864p.pdf If you are unable to meet the income requirements, you are able to use assets to supplement income, and only need to fill out that section of the form if that is the case.
Number of household members
"Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependants listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ affidavit of support whom you are still obligated to support."
Tax Information
Instead of this (as seen in the doc list above):
o Copy Federal income tax return, including W-2, Form 1099s & Schedule for 2009 tax year
o Copy Federal income tax return, including W-2, Form 1099s & Schedule for 2008 tax year
o Copy Federal income tax return, including W-2, Form 1099s & Schedule for 2007 tax year
you can submit IRS tax transcripts, meaning you will not require the W2s, 1099's or schedules. You are not required to have the IRS certify the transcript or photocopy unless specifically instructed to do so by a Government official; a plain transcript or photocopy is acceptable. Do NOT submit copies of your State tax returns.
For purposes of this affidavit, the line for gross (total) income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ,the line for adjusted gross income will be considered.
Obtaining Tax Transcripts.
You may use Internal Revenue Service (IRS) Form 4506-T to request tax transcripts from the IRS. Complete IRS Form 4506-T with the ending date for each of your three most recent tax years listed on line 9.Follow all instructions for completing and filing Form 4506-T with the IRS."
IRS tax transcripts are free from the IRS, the phone number to request them is: 1-800-829-1040
Note - A lot of this information is taken directly from the I-864 instructions.
Best of luck with your AOS