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M J Woods

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Posts posted by M J Woods

  1. Hi everyone, my husband and I have a trip back to his country coming up, but we're a little confused about something. I mistakenly booked our return flight to the US on the same day as his conditional green card expires, so we'll need to have the original copy of the NOA receipt that will be sent to us once we submit our documents to remove conditions. But my question is, is this letter (NOA receipt) the same thing that will give him his biometrics appointment? I ask because we'll need to reschedule his biometrics while he's not in the country (obviously--though this logic is lost on USCIS!), but I don't want to mail the biometrics letter back to the US to reschedule if he's going to need it to get back into the country!

    Can anyone help clarify this? Thanks!

  2. Hi all! My husband and I are planning to take a trip to Turkey (his home country) in a couple of weeks. Unfortunately, we succeeded at bad timing on this one--we'll be sending the documents off to remove conditions on his two-year green card right before we leave, and his green card expires the VERY DAY we return... yeah, maybe we should think through our travel plans a little better next time! Anyway, I'm worried about how we'll take care of the requirement to do biometric processing, because we'll be in Turkey during that time. Is it possible to do the biometrics there somehow, maybe at a US embassy or consulate, or is it possible to put them off until we come back after the green card's expiration date? I'm planning on having my dad mail us the I-797 receipt for the documents we'll be sending to USCIS, so hopefully that will be enough to let my husband back into the US, but what about biometrics? Has anyone had any experience with this sort of situation?

  3. I have an interviewe date at the ANkara embassy for my husband and i was wondering if we had to send an email ahead of time so that i was allowed inside with him. I read some reviews where they are not alllowed in and others that they are , or with a notification. Does anyone know?

    I've seen in older posts from several years ago that you could send an email to the embassy ahead of time asking for permission and they would write back and give you permission. I tried doing that (my husband's interview was May 18) but they wrote back the very next day saying NO, absolutely not. Still, you can go to Ankara with your husband and wait for him outside the embassy. That's what I did, and when my husband told the consular officer I had come to Ankara with him for the embassy, the officer seemed favorably impressed. I think it will look good if you go with your husband to Ankara (it's a pleasant neighborhood and there are cafes where you can wait the two or three hours the interview will take), but in my experience they will absolutely not let you inside the embassy to attend the interview with him.

    Hope this helps! Best of luck!

  4. A wonderfully gracious friend offered to be our joint sponsor after my husband received a green refusal sheet at his visa interview in Ankara, but the stupid embassy is impossible to get ahold of... I was wondering if anyone here at VJ would be able to answer this question. We were using my dad as the joint sponsor, but my husband says the consular officer didn't deny my dad as a joint sponsor, just said we needed to get a second one. And then on the green refusal sheet where it says "From a co-sponsor" under "Affidavit of Support," the consular officer wrote the number 2. I have no idea what that means, because as I understood it, you can only use two joint sponsors when two or more individuals are involved. So I don't know what to tell our new joint sponsor about which box to check on the first page of the I-864 she's filling out and sending to us. Would she be considered the only joint sponsor (with my dad now completely out of the picture) or the second of two (with my dad still considered the first of two)?

  5. I couldn't be bothered reading every previous post so i just want to confirm something here.

    Your husbands income must meet the poverty guidelines for his household size, if they don't he can use assets to qualify but would need to show three times the amount he's missing in income. If you have a co-sponsor (who completes an I-864, not an I-864A) your husbands income could be zero because now they use the co-sponsor's income to meet the requirements.

    Your co-sponsor must meet the poverty guidelines for their household size PLUS the immigrant. Their income isn't combined with your husband. They could make up the shortfall with assets but would need 5 times the amount he's missing in income to make up the difference.

    I hope that makes sense. You might already know that but just mentioning it again in case you didn't.

    I'm confused--the joint sponsor needs to show 5 times the guidelines in assets, but the primary sponsor only needs to show 3 times? I thought for spousal visas it was all divided by three, since the spouse will be eligible to become a U.S. citizen after three years, whereas most immigrant visa recipients (non-marriage-related) only become eligible after five years. So for a marriage-related immigrant visa, it should be the same for all sponsors involved: divide by three. Am I wrong?

  6. You're essentially right but there's no assurance neither of those things will happen. Just to clarify, one slightly different scenario but not technically different from what you've described is that the "suit" is the result of a divorce proceeding. A sponsor that hasn't yet been released from their obligation doesn't really know whether they are home free yet.

    Thank you--so the idea is the same. The idea that someone is going to be standing over my mom's shoulder making sure my husband always has X amount of dollars in his bank account and forcing her to send him checks is simply NOT true. Right?

    The stupid form says the joint sponsor is required to maintain the immigrant at 125% of poverty level, which is what I think is making her think she is going to have to be sending him money. But the ONLY way she will have to send him money is if he sues her or if he is a total bum and gets on welfare (even though it would be a lot more of a cushy lifestyle if he were to do that in Turkey rather than in the U.S.). Is there any place where this is spelled out clearly? Other than the form itself, which my mom is reading as "I must send this guy money"?

  7. that's exactly what it is. i personally don't think it would go well with the mother if a complete stranger basically emails her trying to explain to her that being a co-sponsor "really isn't a big deal". it might actually tick her off and make her that much more adamant on not being one.

    I talked with my mother about this and she said she would be willing to take the person's comments into consideration. It's not coming out of nowhere.

    My main concern is: My mother seems to think she will have to shell out money for my husband until the end of time. As far as I am aware, the ONLY way she will have to pay money to anyone is if: A) the immigrant (my husband) sues her and wins; or B) my husband makes use of "means-tested benefits" and the agency that provided the benefits asks her to repay them.

    If anyone has any knowledge of a case that has worked in any way OTHER than this, I'll eat my hat.

  8. It sounds as if you would like the best case scenario explained to and then presumed by your mother. Unfortunately for you, your mother has properly understood the potential financial obligations, or even perhaps underestimated them. Potentially, she could be obligated to do just as she suspects and for the rest of her life. Your best bet is for the petitioner to get their finances and life in order to deal with the practical aspects of marriage. Joint sponsor do serve a purpose, of course, and I'm not knocking their use, when appropriate. However, a wise joint sponsor is only willing to sign an I-864 when they are confident in the couple's ability and commitment to support themselves. Sounds like your mother lacks confidence in you and your spouse to do that. Therefor, the solution is to be self-sufficient.

    Wow, I didn't come on here to be insulted.

    Where do you get the idea that I'm NOT "self-sufficient"? NVC doesn't take into account personal circumstances, such as the fact that my rent is only $170 a month. My living expenses are very low, as will my husband's when he gets here. I don't live in NYC or LA where it costs a million dollars a month to live. I work part-time and I have fellowships and student loans that cover my tuition and cost of living. But these don't count as income for NVC. And my unusually low living expenses don't factor in, either.

    If anyone has anything useful and not insulting to say, I'm all ears.

  9. If your co sponsor filled out form I-864 there is also a problem. Co Sponsors file form I-864A

    However. From what ohers mentioned. Since the sponsor did not turn in any income at all they would be considered a Dependant.

    With no income they are living off of someone in the eyes of NVC.

    Sponsor and Beneficiary will be considered Dependants.

    My wife was considered a dependant when I filed.

    Now you did not mention the sponsor sending in an I-864.

    So this could also be another reason for being declined.

    Sponsor even if having no income needs to send in an I-864

    Co Sponsor needs to send in I-864A

    I do not know what you have sent in but from reading I only see your co-sponsor sending in I-864

    I do believe you have to meet requirments for 3 people. Others here believe 2. You want to call NVC and find out. You will get your answer.

    If it is only for two then you possibly did not send in the right paperwork.

    Sponsor I-864 (even if $0 income)

    Co Sponsor I-864A

    Most recent years income is only one that matters. It does not matter if previous years was under guidlines. You need most recent tax year to be above.

    I only sent in most recent and was aproved.

    This doesn't sound at all like what I've read everywhere else. My income has been above 0 but not at 125% of poverty (I work part-time). My joint sponsor and I both filled out I-864. No one filled out I-864A because my dad and I don't live in the same household.

  10. usually the sponsor isn't included, it's only the joint sponsor and the beneficiary, but are you your dad's dependent as a student? are you in his taxes? do you live with him?

    or it could be that it is close to the poverty guidelines in 2009 and then the other years he didn't meet the poverty guidelines.

    I'm not anyone's dependent... but is there anything we can do at this point? My dad is the ONLY one in my whole family who's willing to help us out. And his income is, according to USCIS's own guidelines, more than enough! Has anyone else had this happen???

  11. Problem is you are calculating the wrong number.

    With a co-sponsor your number is 3 instead of 2 (Co-Sponsor, Sponsor, Beneficiary). You would need 125% income above poverty guidlines for 3 people Which is $23,162.

    At this point you will need assests and money in the bank to help get above the 125% poverty line of 3 people.

    On the I-864, on the section where it asks you to calculate household size, it lists:

    a) person you are sponsoring;

    b) yourself;

    c) spouse if married;

    d) dependent children;

    e) any other dependents;

    f) anyone you've sponsored previously;

    g) anyone else in the household who is filling out an I-864A.

    We only had one person each for the first two categories. So how could it require us to have assets/income for three?

  12. I'm trying to figure out why my husband's joint sponsor was rejected by the consular officer at Ankara when his income for 2010 and his current income (he's still working at the same job) exceed 125% of poverty for himself and my husband (he doesn't have anyone else in his household). I'd appreciate any help or insight.

    My dad's income in fiscal year 2010 was $19,504.

    According to form I-864P on the USCIS website, 125% of poverty for 2 people for 2011 is $18,387.

    So my dad's income is more than $1000 greater than the stated minimum, yet we were still rejected.

    The only thing I can think of is that a) it might have been too close to the line; b) his income for 2009 and 2008 were too low (he was at a different job in 2008, and he didn't work for part of 2009 because he was helping to take care of his then-fiancee's dying mother).

    The figures for 2009 and 2008 are $11,005 and $16,924 respectively.

    No one else is willing to be our joint sponsor and I don't know what to do. Is it possible that the embassy will reconsider our case? Will it help if we can show assets in addition to my dad's income? I'm going to be getting half of a $15,000 fellowship in the fall; will it help to send in a bank statement showing that money, or do we just not have any chance at all?

    Please advise!

  13. Hi everyone,

    My husband's visa interview for CR-1 was May 18 in Ankara. It went well, but they said they wanted a different joint sponsor. (I'm a graduate student so my income is minimal, but my dad's income is over $19k, whereas as far as I can tell 125% of poverty for two people--my dad and my husband--is $18,300something. Still, he was rejected.) My mom (they're divorced) is very opposed to sponsoring my husband, and I think it's because she reads the "you must support the immigrant at 125% of poverty" thing as "you must send this guy checks every month." I've been trying to convince her that this is NOT the case, and that the ONLY way a problem would arise is if my husband were to go on welfare/food stamps/other "means-tested benefits," in which case the agency in question could sue her to get that money back (but in my understanding, they would first try to get it back from me, since I'm the primary sponsor--and since I'm on fellowships and/or student loans for the next several years, in all likelihood I would be able to pay up before anything ever happened to her).

    So my question is, has anyone here dealt with a potential joint sponsor who misunderstood the joint sponsor responsibilities/obligations in this way, and how have you been able to convince them that they're not going to be sending your spouse/relative checks every month? It would be AMAZINGLY, INCREDIBLY helpful if someone could ask their joint sponsor to contact my mom via email; this is I think the only thing that might be able to convince her to help me and my husband be together after 13 months of visa processing nightmare. :(

    If you think your joint sponsor would be willing to write an email to my mom explaining the concerns they had and the reality of the situation now that they're a joint sponsor and no one has demanded they pay up, please contact me?

  14. My husband and I went to Ankara this past Wednesday for his visa interview for his CR-1. Everything seemed to be going well, but the consular officer seems to have used his own private math in evaluating our joint sponsor (my dad) and said we'd need someone else to be our joint sponsor. I've asked my mom (my parents have been divorced for over 20 years) but she steadfastly refuses to help us out! :( All my other relatives are on my mom's side of the family and are basically exactly like her. My question is, if we can't find anyone to be our joint sponsor, do we have any other options? Can we appeal? Could we amass a certain amount of cash and send in bank statements and have this supplement my dad's income? He made above the minimum in 2010 but didn't work for part of 2009 so his 2009 income was lower. But we sent in a letter from his employer, pay stubs, and everything else, and still they want a second joint sponsor! Is there anything we can do? I'm so desperate, I'm ready to find just any stranger off the street and pay them to help us out! :(

  15. Hi Kat,

    I know you wrote this ages ago, but I was wondering how you resolved your problem with the aile cuzdani. My husband and I are on our 2nd (!!!) RFE because they didn't like the photocopy of the aile cuzdani (which was good enough for USCIS). I'm not even sure what a certified copy IS, though Bobby+Umit make it sound like this is something we could get from the Turkish agency in charge of marriages (evlilik dairesi?). Did you end up sending the original? If so, did you get it back? I would just have my husband send our original, but I'm worried we may never get it back.

    Thanks for sharing your experiences. It's really helpful for those of us still struggling with these crazy people at NVC.

    at this point it's going to be a bit annoying to get the aile cuzdani's certified copies in time, so i guess i'll go ahead and send the original. i'm assuming that we get our stuff back anyways at the end of this ordeal...right? or do these embassies/USCIS/NVC keep everything?

    i could always get the book back again later...no? or a certified copy as you specify? thanks again bobby, im glad i got this info.

    kat

  16. I paid the AOS bill November 3 (showed up as PAID November 5) and still haven't received the AOS package. Is this normal? In my case it's kind of okay, as I'm still waiting on documents from our joint sponsor, but it makes me uncomfortable nonetheless.

    Also, my husband emailed his DS-3032 around the same time but he hasn't received a response and our IV bill still hasn't been generated. He FINALLY received the hard copy in the mail yesterday and I think he sent it off today (we filled it out together last night), but is it normal for them to just ignore emailed DS-3032s? :(

    Advice?

  17. Okay, I know there's a lot on these forums about change of address procedures, but they seemed to mostly be non-USCs changing their addresses while already in the U.S. or sponsors on the I-864 changing their address. I'm between NOA1 and NOA2 for our form I-130 and will be moving in August, probably right around the time our petition is (hopefully!) approved. I know at this point our forms or whatnot will be changing agencies, from USCIS to NVC, so who do I change my address with?

  18. Okay timeline estimates say we should have gotten NOA2. Others behind us already have.....should I be freaking out? As I am.....or should I just chalk it up and be patient?

    Breathe! I've been checking them like crazy too, and they're just estimates. If you look at the statistics, they're not entirely in order. Someone with an NOA1 of March 17 already got an NOA2, while others have still been waiting who have NOA1s of before that. If people behind you have gotten their NOA2s already, that's great news! It means yours will be coming any day now. Just relax, go for a walk, take a bubble bath. Don't panic.

  19. I'm bringing this topic back from the dead...

    So what if the situation is that the USC, not the beneficiary, worked under the table? Because if this is listed on the G-325A but doesn't show up on the tax returns from the petitioner, wouldn't this cause a problem? Or vice versa (if the petitioner didn't list the under-the-table work on the G-325A but then amended a tax return to pay those taxes from that job)?

    Oh, what a tangled web...

  20. Hello everyone its been 74 days, my petition is still in Initial review status, I am so miserable waiting on if my petition will be approved or when. Can anyone tell me how much longer I will probably have to wait? This is so hard very much agony everyday, missing my finace. I need to be with her so bad. can anyone please give me so comforting advice on how to continue dealing with this everyday? Thanks for any advice and helpful comments, Thank you!

    I hate to be the bringer of bad news, but you've got a long, long time to wait yet. Have you filled out your timeline (hint hint)? If you fill in your NOA1 information, you can see an estimate of when you might expect to get NOA2 approval. Of course, NOA2 doesn't mean you get to be reunited with your loved one. Check the guides (look up at the top of this page) for K-1 visa process (you said fiancee, so I assume you're doing K-1). Your fiancee will have to have an interview at the embassy in her country. We're all here waiting, or have been waiting, or have been through the process of waiting. I don't know if that counts as "comforting advice" or not. But trust me, we all miss our loved ones, or missed them while their visa applications were being processed. Many have gone before you, and many have successfully been reunited. Patience is your best friend during this time.

  21. So I don't really know where this question belongs, but I couldn't find anything about it on the internet generally. I found a really great deal on a house and my husband and I would like to purchase it together. Right now he's in Turkey and I'm in the U.S. He has no SSN, though I'm working on getting him an ITIN, and our CR-1 visa application is pending (at the I-130 stage). Is it possible to purchase this jointly? Can I have his name on the paperwork somewhere, somehow?

    Many thanks...

  22. Here is a "fraud referral worksheet" that USCIS investigators use in Stokes interviews. One can assume that the consulates (Department of State, not DHS) use something similar. Some "red flags" are identified. Important: In instances of consulates that thrive on front-loaded USCIS petitions (Guayaquil, Ecuador is one), do NOT let this scare you away from front-loading.

    http://graphics8.nytimes.com/packages/pdf/nyregion/USCIS_Fraud_Referral_Sheet.pdf

    What does front-loading mean?

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