tinnytintin
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Posts posted by tinnytintin
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Shouldn't be a problem if you have genuine evidence.
My husband and I met abroad, he got his F1 to study here and we eventually got married and applied for AOS. Our timeline is different though, we got married 2 years after he got to the US and then applied for AOS more than a year later because we weren't sure whether we wanted to live in the US or not. By the time we applied for AOS, we had already lived together for three years and I had piles and piles of evidence. The officer didn't even ask us any trick questions, just asked us to tell our story and then went through the forms. Feel free to ask questions and good luck!
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Being able to get a green card and consequently citizenship to the United States is a privelege. I think all members of VJ will agree. But it is not the right step for everyone. It wasn't for my parents, and I completely agree that they made the correct decision to abandon their permanent residence here. Making a new life in the US is exceedingly difficult when you are middle-aged, have no US qualifications, and have two children in tow. If I were to go back and change anything, it would be that they file I 407 the moment they knew that the US was not where they wanted to live.
@mimolicious : I don't recall saying that any one was frustrated. I wanted to gain a better understanding of the issues that led to their refusal based on what the CO said at the interview. I am sad that my parents will probably never visit me in the country which I call home, where I am hopefully going to have children and buy a house. These are all things that children want to share with their parents.
On their side, they tried for a visa, were refused, and do not want to spend more effort in the matter. Their refusal was based off of "continued immigrant intent" which will not be something easily overcome, especially with a US citizen daughter.
NuestraUnion, on 27 Oct 2016 - 1:00 PM, said:
Your parents way of thinking is coming off a little arrogant. They don't want to come to a county that don't want them? Really? Our country already showed them they were wanted by giving them a GC.
mimolicious, on 27 Oct 2016 - 4:53 PM, said:
I find it quite irritating that you say the US doesn't want them because they were denied a B2, yet the US issued them green cards and they chose to abuse that privilege. Seems to me that your frustration is misplaced, and just plain wrong.
Just about sums it up
NuestraUnion, on 27 Oct 2016 - 1:00 PM, said:
Your parents way of thinking is coming off a little arrogant. They don't want to come to a county that don't want them? Really? Our country already showed them they were wanted by giving them a GC.
mimolicious, on 27 Oct 2016 - 4:53 PM, said:
I find it quite irritating that you say the US doesn't want them because they were denied a B2, yet the US issued them green cards and they chose to abuse that privilege. Seems to me that your frustration is misplaced, and just plain wrong.
Just about sums it up
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This is the best response to their situation. It explain everything the CO was probably thinking when they interviewed. Your family was given a legal path to migrate to the US but not only chose not to pursue it but didn't do the proper steps to cancel it.
Your parents way of thinking is coming off a little arrogant. They don't want to come to a county that don't want them? Really? Our country already showed them they were wanted by giving them a GC.
And although you may have you own personal reasons for they to visit it doesn't sound like they have an interest. Based on your families history there is a lot of work and lot to overcome to successfully get them a tourist visa.
It may be best to explain to them WHY they were denied so they can have a better understanding of it rather than having a negative attitude on the US.
I try not to dictate the attitudes held by other adults. I guess I'll always be the one visiting.
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Seems they maintained or sought to maintain their status.
So the mistake was having the forms so that it seemed like the family still thought they were PRs. Got it
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My father has a very well paying job even by American standards and owns a lot of property
Which is now, 10 years later. Don't tell me people's circumstances don't change in 10 years. My household income is x15 what it was 10 years ago.....
He obtained an immigrant visa and abused it, why not the same for a B?
Okay, this is what I was trying to figure our and makes sense. Thank you.
What is your definition of a well paying job? I ask because I've never me a single person with a well paying job who fell beneath the minimum income to file.
EDIT: Boiler beat me to the question...
He wouldn't be below the threshold now, which is 10 years after the fact.
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US citizen or LPR has to file tax return for their entire worldwide income.
Not if you fall beneath the income threshold. You can still file (like I did when I was a student because I made sure I was satisfying all LPR requirements)
From IRS site (did not include table showing incomes):
Don't file a federal income tax return if you don't meet the filing requirements and aren't due a refund. If you need assistance to determine if you need to file a federal income tax return for 2015, go to IRS.gov and use the Interactive Tax Assistant (ITA). You can find the ITA by going to IRS.gov and entering “interactive tax assistant” in the search box. Open the ITA and click on Do I Need to File a Tax Return under Topics by Category.
General RequirementsIf you are a U.S. citizen or resident alien, you must file a return if your gross income for the year was at least the amount shown on the appropriate line in Table 1-1 below.
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Did he explain those valid and legal reasons.
The CO refused to listen to anything after hearing the term 'green card'. Didn't even ask about taxes, living in the US. Although he probably had the info. he needed from the application. Only told them to apply for an immigrant visa because he was convinced that the want to move here.
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He has zero credibility.
Care to expand? I am not being sarcastic and I respect opinions on this. Dealing with family means emotions cloud judgement.
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So basically he carried on 'visiting' using his green card, filed/paid 0 taxes, green card expired and now wanted to visit again using a B2?
You really can't see the problem? He was rightly refused for abusing the system. Not sure why you are so surprised.
He stopped coming to the US in 2006 when he decided that he no longer wanted to move here. His green card expired in 2010. So he did not keep 'visiting' on his green card and then just decide to transfer to a B2. He should have surrendered his green card right then, but hindsight is 20:20
Should he have filed taxes in those six years- Yes. But there are valid and legal reasons why he didn't.
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Why force em.. they seem pretty content with life in bdesh.
Very true. But you want your family around for special moments. I am sure they will feel differently when I have kids and would want to come. I live in SoCal now and I know that they would enjoy their visit here.
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Your Dad has been paying US taxes for 10 years?
Nope. He never filed taxes in the US (which is a whole other story of not maintaining permanent residence and being pulled for secondary by CBP every time we came to the US). The longest he's ever stayed in the US, even as a PR was one month.
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Which I could do for my parents and have them come in under a year....
That's likely why they were refused. (They haven't overcome the presumption of continued immigrant intent).
As can be imagined, my family is not enthusiastic about reapplying for a B1/B2, (why spend money on a country who doesn't want to allow us in? rather travel and visit new places all over the world...) but I really want them to come visit me at some point in the future. Is there anything that they could do to change the outcome in the future?
You contradict yourself. If you believe the US doesn't want them in, and they can travel 'all over the world', why ask to waste another set of $165 then? Your statement makes it akin to having your cake wanting to eat it too.
That is not me, its my parent's opinion, which is why it is in parentheses... I was the one who asked them to apply for a US visa. They don't particularly want to visit and have no plans for applying again. I want to gather as much info. as possible now while all the details are still clear so that I have it for next time, if there is a next time.
So how do I overcome the presumption of continued immigrant intent? Because really in this case, there is absolutely no immigrant intent.
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Ugh I feel terrible. My parents and brother were denied tourist visas despite having strong ties to Bangladesh. My father has a very well paying job even by American standards and owns a lot of property, my brother is an excellent student who has a full merit scholarship to a reputable university within Bangladesh. They have traveled all over, especially my dad who has to travel to other countries for business deals and has been to three Schengen countries, Japan, India, and China in the last three months alone.
The problem is apparently our old immigrant petition. My family was initially petitioned for a immigrant visa back in the 80s and we all got a green card in 2000. I am the only one who actually saw it through and have been a citizen since 2010. My dad hasn't come to the US in 10 years and my mom and brother in 6 years. The visa officer apparently became very irate when they mentioned the green cards and said that they were planning to come back to the US since they have kept them all these years. He wouldn't even accept a surrender of the green cards saying they were "useless now". My family had the I 407 forms and everything filled out. Apparently it would have made a difference if they had been surrendered while they were still active. He refused to hear anything further and told them to apply for immigrant visa again. Which I could do for my parents and have them come in under a year.... but my family doesn't want to immigrate, they really just want to visit. They tried it once and decided it wasn't for them. They have a standard and quality of life in Bangladesh that is leaps and bounds above anything they will get in the US.
As can be imagined, my family is not enthusiastic about reapplying for a B1/B2, (why spend money on a country who doesn't want to allow us in? rather travel and visit new places all over the world...) but I really want them to come visit me at some point in the future. Is there anything that they could do to change the outcome in the future? Would appreciate any advice...
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If you are at all interested in looking after children, you could sign up to be an au pair. There are lots of reputable agencies you can go through. Simple google search can help you get started with your research.
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Just got back from interview. It went well lasted about 30 minutes and another 30 minutes later I 485 case status updated to card in production!! Good luck to all those still waiting!
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no interview date yet.
Hope fully soon. Mine went straight from case received to scheduled for interview. Never went through the 'in line for interview' stage.
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Finally got our interview date! Scheduled for the 18th of February!
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You probably need to get a joint-sponsor.
It doesn't matter if your husband's salary is 125% above the poverty guideline because he is the foreigner and the beneficiary.
I guess as a student you don't make enough money to support him. The USCIS wants to make sure he won't become a charge for the country if he stops working that's why someone with a good salary needs to sponsor him.
Your partner's salary does not count!
You are the petitioning sponsor and if your salary does not meet the income requirement, you need to get a joint-sponsor.
From USCIS I 864 Instructions:
If your income alone is not sufficient to meet the requirement for your household size, the intending immigrant will be ineligible for an immigrant visa or adjustment of status, unless the requirement can be met using any combination of the following:
1. Income from any relatives or dependents living in your household or dependents listed on your most recent Federal income tax return who signed Form I-864A, Contract Between Sponsor and Household
2. Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident;
Thus her husband's income can be counted as long as it is legal and continuing - just make sure you send all the required documents. You also need to include him on the main I 864 form, he doesn't need to complete the I 864a. Check out the instructions
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We added one to the top of the entire package. Got 4 emails/texts
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We received the text notifications today!
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updating!
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N-400: April 2010 Applicants
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USCIS Dallas/Lewisville, Texas Lockbox
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UserName...........Sent....ChkCashd....NOA.....Fprints....IntLtr...Intview.....Oath....FieldOffice
honeyblonde......04/03/10..04/16/10..04/13/10..05/26/10..--/--/--..--/--/--..--/--/--..Charleston, SC
B&T..............04/05/10..moneyord..04/19/10..05/06/10..05/21/10..06/22/10..--/--/--..Lawrence, MA
kim11............04/06/10..04/19/10..04/21/10..05/18/10..--/--/--..--/--/--..--/--/--..Providence, RI
Dann.............04/06/10..moneyord..04/21/10..05/18/10..--/--/--..--/--/--..--/--/--..Providence, RI
n400.............04/06/10..04/09/10..04/14/10..--/--/--..--/--/--..--/--/--..--/--/--..Raleigh, NC
hopemelucky......04/07/10..moneyord..04/14/10..--/--/--..--/--/--..--/--/--..--/--/--..Dallas, TX
Dewi&Jen.........04/08/10..05/05/10..05/07/10..--/--/--..--/--/--..--/--/--..--/--/--..Dallas, TX
Dabu.............04/13/10..04/20/10..05/10/10..05/11/10..--/--/--..--/--/--..--/--/--..New York, NY
faith620.........04/13/10..04/26/10..04/23/10..05/24/10..--/--/--..--/--/--..--/--/--..Dallas, TX
tweety ..........04/22/10..05/05/10..05/04/10..05/27/10..--/--/--..--/--/--..--/--/--..Oklahoma City, OK
Stefanie.........04/28/10..05/14/10..05/11/10..--/--/--..--/--/--..--/--/--..--/--/--..Baltimore, MD
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USCIS Phoenix, Arizona Lockbox
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UserName...........Sent....ChkCashd....NOA.....Fprints....IntLtr...Intview.....Oath....FieldOffice
gsafi............04/03/10..moneyord..04/22/10..04/28/10..05/17/10..06/21/10..--/--/--..San Francisco,CA
RonMay...........04/15/10..04/29/10..05/03/10..06/01/10..--/--/--..--/--/--..--/--/--..Denver, CO
gyuwono..........04/21/10..05/06/10..05/05/10..05/26/10..--/--/--..--/--/--..--/--/--..Kansas City, MO
Silke............04/27/10..05/10/10..05/10/10..06/14/10..--/--/--..--/--/--..--/--/--..San Diego, CA
Tinnytintin......04/27/10..moneyord..05/11/10..06/10/10..--/--/--..--/--/--..--/--/--..Phoenix, AZ
Moonkitty........04/29/10..05/12/10..05/12/10..--/--/--..--/--/--..--/--/--..--/--/--..Los Angeles, CA
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USCIS Lincoln, Nebraska Lockbox (Filing Under 319b, 328, or 329 of the INA)
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UserName...........Sent....ChkCashd....NOA.....Fprints....IntLtr...Intview.....Oath....FieldOffice
keikace..........04/21/10..05/10/10..05/07/10..--/--/--..--/--/--..--/--/--..--/--/--..San Antonio,TX
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Adding myself...
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4. Remove the "Quote Coding" at the top and bottom of the list.
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N-400: April 2010 Applicants
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USCIS Dallas/Lewisville, Texas Lockbox
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UserName...........Sent....ChkCashd....NOA.....Fprints....IntLtr...Intview.....Oath....FieldOffice
honeyblonde......04/03/10..04/16/10..04/13/10..05/26/10..--/--/--..--/--/--..--/--/--..Charleston, SC
kim11............04/06/10..04/19/10..04/21/10..--/--/--..--/--/--..--/--/--..--/--/--..Providence, RI
hopemelucky......04/07/10..moneyord..04/15/10..06/01/10..--/--/--..--/--/--..--/--/--..Dallas, TX
Dewi&Jen.........04/08/10..05/05/10..05/07/10..--/--/--..--/--/--..--/--/--..--/--/--..Dallas, TX
Dabu.............04/13/10..04/20/10..05/10/10..05/11/10..--/--/--..--/--/--..--/--/--..New York, NY
faith620.........04/13/10..04/26/10..04/23/10..05/24/10..--/--/--..--/--/--..--/--/--..??
tweety ..........04/22/10..05/05/10..05/04/10..--/--/--..--/--/--..--/--/--..--/--/--..Oklahoma City, OK
Stefanie.........04/28/10..--/--/--..--/--/--..--/--/--..--/--/--..--/--/--..--/--/--..Baltimore, MD
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USCIS Phoenix, Arizona Lockbox
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UserName...........Sent....ChkCashd....NOA.....Fprints....IntLtr...Intview.....Oath....FieldOffice
gsafi............04/03/10..moneyord..04/22/10..04/28/10..--/--/--..--/--/--..--/--/--..San Francisco,CA
RonMay...........04/15/10..04/29/10..05/03/10..06/01/10..--/--/--..--/--/--..--/--/--..Denver, CO
gyuwono..........04/21/10..05/06/10..05/05/10..05/26/10..--/--/--..--/--/--..--/--/--..Kansas City, MO
Silke............04/27/10..05/10/10..05/10/10..--/--/--..--/--/--..--/--/--..--/--/--..San Diego, CA
Moonkitty........04/29/10..05/12/10..--/--/--..--/--/--..--/--/--..--/--/--..--/--/--..Los Angeles, CA
Tinnytintin...04/27/10..moneyord...05/11/10...--/--/--..--/--/--..--/--/--..--/--/--..Phoenix, AZ
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USCIS Lincoln, Nebraska Lockbox (Filing Under 319b, 328, or 329 of the INA)
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UserName...........Sent....ChkCashd....NOA.....Fprints....IntLtr...Intview.....Oath....FieldOffice
keikace..........04/21/10..05/10/10..05/07/10..--/--/--..--/--/--..--/--/--..--/--/--..San Antonio,TX[/size]
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Met my husband overseas then he came as F1
in Adjustment of Status from Work, Student, & Tourist Visas
Posted