diadromous mermaid

"Don't count anyone twice" is the key.

I-864 form PART 5 - Sponsor's household size

Its says there that don't count anyone twice. In the form part 5, the petitioner is being ask a number of how many person he is sponsoring. My husband is sponsoring me. So that means, He will put 1 on that box for me. However, in letter C.

C. "If you are currently married, put 1 for your spouse". if he will put 1 again for me, so this means that I WILL BE COUNTED TWICE. This is driving us nuts.

Any thoughts on this guys? Thank you!

You mentioned that not much had gone on with your case for 2 years...do you mean before the Notice was issued in June of this year? My understanding is that a Notice of Intent to Deny means that unless you provide them with more proof or evidence that the relationship is bonafide then the petition will be denied. However, a Notice of Intent to Revoke, I believe, means that the I-130 was approved and now evidence has come to light which creates question as to the validity of the relationship you have with the alien.

I suppose it could be a case of mistaken identity... but, there's no really delicate way to ask this, so...Are you sure your husband was not the beneficiary of another petition shortly before you married?

Hey all,

I guess it's been longer since my last visit than I thought... it's so very different! I hope everyone is getting good news on their individual cases. I may not be online much these days but you guys are always in my prayers.

Well, I need help. On June 26, 2007, our petition ( I-130) was called back to the CSC for further review (My husband, Usman, is in Kohat, Pakistan). for almost exactly 2 years absolutely nothing has happened on our case ... not even my congressman's office could get anything other than the basic "we'll get to it when we get to it" verbage.

On June 9th, 2009 they issued a notice of Intent to Revoke, giving me 30 days to submit my response. On June 18th I received a second notice, exactly like the first one but giving the due date of July 18th. Online and by phone status still make no mention of this notice being issued. Our case has had one issue after another (it was "lost" and I was informed that "technically" the USCIS didn't HAVE to process my petition at all due to a law that President Clinton passed - It was miraculously found and processed when I said I would get my congressman to inquire on the validity of that law) - Anyway.... aside from getting 2 of these notices with differing dates, there are several other problems with the reasons for their decision. It states the petition was filed by Hildegarde Chapparo on 02/24/06 - I do not know her and that is 4 months before we were even married!! They have misstated how we met and how long we knew each other before we decided to get married (they say we chatted a few months but I think nearly 2 years is a bit more than "a few months" ) They state our wedding date as 06/26/06 when we were married on 06/06/06. They go further to say that I could not describe how I met my husband or provide proof of personal correspondence -- uh, no one ever asked me anything but I do have several letters that I sent to them while trying to find out where our petition was and why it was taking so long and each one has a very detailed description of how we met and how we communicate. Of course they also include the normal things like it's not normal for a Pakistani male to marry outside his culture, family circle, religion and language ... our wedding was not big enough and it was just family... he didn't know every detail about every family member of mine.

My question is, how much worse is it that I got an intent to revoke rather than intent to deny and does anyone have any suggestions or advice? This whole thing has been so stressful and I really do not want to screw up. Usman is finding it hard to be positive and thinks that this is a final decision. My family takes this as a personal affront and have written personal letters they want me to submit with my response. I am trying to be positive and thinking if I am convincing that we still have a chance.

I would greatly appreciate any and all input on this. My mind is a jumble and it would help me so much.

I've gotta get back in here and figure out how to navigate this site again. lol. Wishing everyone the best.

Saba

Logically, why would you think that someone that has not yet been approved as a permanent resident would or should count the time they were in the USA as time done for Naturalization? No the clock begins ticking when the individual meets all of the eligibility requirements. One of them being that they have been a PR for either 3 or 5 years, realtive to whether they are married to a USC or not.

In this topic

http://www.visajourney.com/forums/index.php?showtopic=205825

I noticed that they seemed to be stating that the clock starts the minute the approval is made on a GC. Is this the official answer? The residency doesn't start upon arrival with intent to remain? IE a fiance, work visa etc?

I could see someone who had to wait years for a GC getting really screwed here because the time they had been in the US prior doesn't count.

Then assuming it is when the greencard is approved can you "preload" your application? IE if you know the wait is say 8 months, file a few months before your 3 or 5 year period is up?

Not all is lost. Start the immigration process ASAP so that the clock on any bar to admission begins to tick. Spend the time that you will have to sit out in the UK with your ailing father and use the time there to try to save your pennies. 3 - 10 years sounds like a long time, but when one places it into the context that you are facing with your father's projected time due to the grave illness, it can and does pass far too quickly.

i am a UK citizen married to a US citizen, i returned home not so long ago because we were having difficulties and my dad is seriously ill in hospital, i don't think he has long.

i am in a bit of a panic, because with one thing and another, i have returned home and i don't know if i can go back because i just caught a plane and left, they took my I194 from my passport and nothing more was said.

now i think i am stuck.

i entered the US on a K1 visa, we married within 90 days, this was early last year, we didn't yet complete the adjustment of status because of money problems. but i was told that wasn't a big problem.

i got my SSN number within a few weeks of being married.

do we need to start the whole process again? from scratch...all that waiting...? my dad is ill and i for one am not coping with all this to well, being back home and being away from my husband.

now we are both going nuts thinking how the hell i am going to get back!

it all happened so quickly

can anyone help?

getting me there skint us both, bringing me back here broke our backs, and now, to go through all the costs again is probably going to destroy us, my husband is having a hard time dealing with the distance and i am going nuts being so far away and unable to help him. we couldnt afford the adjustment of status and now we cant afford to start the whole thing again...

i just want our lives back.

please can someone advise.

Nuss Stengli?

After speaking with her parents my wife told me they (the in-laws) want to know what I would like from Germany. My wife is going home in September and this has been the second or third time they have asked me.

So I ask you....Any ideas? Can you think of anything unique that I cant think of?

A K-1 (it's a tax form) issued at year end from a corporation is considered personal income.

Sounds like you control more than just the money.....

wont she need money for the fee's,??,i control the money..at this point the only money she will get is enough for one way plane tickets and monthy payment for the kids

To be pedantic, she doesn't have a need for a "visa" anymore so there isn't a visa "process" to be concerned about. A visa is used to enter the country. Once here an alien adjusts status and becomes a permanent resident with rights to remain....with or without a continuing marriage. Give her the documentation she needs to remove the conditions on her green card without you, a smooth divorce, plenty of child support and move on.

in short want to send the crazy,immature,selfcentered woman home before she betrays me,her 2 year green card is going to expire and i and going to let it...i have tryed everything marrage counceling,having family members talk to her but she continues to have these crazy mood swings,honestly i think she has a demon living in her..

now here is the thing we have 1 year old twins and i would freely let them go with her to the phillippines,,,now what can she do if her green card expires and i refuse to go any farther with the visa process???

Any line of questioning about intimacy must render similar answers. That's all. USCIS isn't really interested in your private life, save for the fact that if a couple are in a legitimate relationship and not one of immigration convenience they will know certain things about each other that people who are not living together would not know.

I wasn't planning on having a discussion about the frequency of coitus, etc.

All I'm saying is that questions have been asked, even if inappropriate.

Oh, I don't particularly want to get in a discussion about the frequency of it either, but now I'm genuinely curious of how the USCIS would react if a genuinely married couple answered that they didn't have sex during an AOS interview...anyway....

Need more facts to be able to suggest if there is any relief available for her in her current status. Typically, a K-1 entrant must adjust status with the petitioner and be in a viable marriage at the time of adjudication of the application. However, in some limited circumstances, if the alien is being abused (mental and or physical) and has therefore reason to believe the petitioner will not cooperate, there is a form of relief available under VAWA.

I have a friend who came here on a K1 visa. They got married but now they can't seem to agree on anything. Now the USC is not going to file AOS. When I did it, I filed the AOS for my wife and I'm the USC. The instructions don't say that USC must be the filer. I'm wondering if she can file herself based on marriage to USC via K1. Even if she gets the temporary green card, she'll have problems with lifting the conditions right?

I told her to just divorce the guy and start over... she will probably be deported because USC will probably report the divorce.

Has anyone gone through this, divorce before AOS? What happened with the person, AOS, and I-751? Did you get your GC even though you were divorced before AOS?

Please point me to a thread of the same question, if any.

Thanks!

He's an overstay, but typically an overstay would be forgiven if the alien attempting to adjust status is married to a US citizen. That being said, an alien that has overstayed should not leave the country prior to approval of adjustment of status. As to your second question, the OP misstated. She means she wishes to apply for her husband to secure permanent residency, and I believe may have mistakenly referred to him as a K-1 husband. He was in F-1 status and is in the USA now. So, she would concurrently file an I-130 and I-485.

I'm really confused, can someone summarize for me what's going on?

The way I understand it is that many years ago her husband came to the US on an F-1 visa. Graduated from Uni and was then supposed to return to his home country. But instead of returning he stayed in the US (at some point in time married her) and never adjusted status (I'm deducing thing because she said he has been working illegally for 6+ years).

1. If he's been in the US illegally for 6+ years doesn't that mean he's going to have a HUGE ban??

2. She said she's "applying for her husband", applying for what?? A CR-1 visa? A K-1 (and maybe he's not really her husband)?

How is this right?

Well he can use his income on the I-864 then.

You may count the income and assets of members of your household who are related to you by birth, marriage, or adoption. To use their income you must have listed them as dependents on your most recent federal tax return or they must have lived with you for the last 6 months. They must also complete a Form I-864A, Contract between Sponsor and Household Member. If the relative you are sponsoring meets these criteria you may include the value of their income and assets, but the immigrant does not need to complete Form I-864A unless he or she has accompanying family members.

Simply put, has he been residing with you for 6 months as your husband?

an F-1 is a student visa and a K-1 is a fiancee visa. Your husband is not eligible for either. You would have to Adjust Status.

im sorry, to be clear he came in on an f1 and is out of status... and not supposed to be working .. what i am trying to find out is if we can use his income on the i864 affidavit of support since i dont meet the minimum for the past three years- with his income we do... i have to put his employer on the i130 so i was trying to see if we can possibly use his income as well or would he be penaliyzed for working without authorization?? either way it seems i have to tell them he has been working and paying taxes for several years.. pls help if you can

no 13 yrs together, 4 yrs married, working illegally for 6 plus years, paying taxes, came in on f1 visa, out of status .... thanks anyway

Simply put, has he been residing with you for 6 months as your husband?

an F-1 is a student visa and a K-1 is a fiancee visa. Your husband is not eligible for either. You would have to Adjust Status.

im sorry, to be clear he came in on an f1 and is out of status... and not supposed to be working .. what i am trying to find out is if we can use his income on the i864 affidavit of support since i dont meet the minimum for the past three years- with his income we do... i have to put his employer on the i130 so i was trying to see if we can possibly use his income as well or would he be penaliyzed for working without authorization?? either way it seems i have to tell them he has been working and paying taxes for several years.. pls help if you can

Did he have social security taxes deducted from all of his paycheques during the 6 years?

I am a usc applying for my f1 husband who does have a ssn ,he has over stayed his visa, graduated college and have been working steadily for over 6 years or more in the united states, paying taxes all the time. Would i be able to count their quarters on the I864, or would their illegal status preclude that? i also work but dont meet the minimum for a family of four in florida ?myself, husband, 2 kids.. I could prob have my father who does not live with us sponsor as well...

Thanks for the help!

Actually, in this case it's a moot point. If the alien had already satified the 40-quarters requirement prior to filing an AOS submission, then the alien would submit an I-864W. However, without having satisfied the 40, an I-864 would be necessary. I'll add that in cases where the alien might have already acccumulated credits, it is important for the petitioner and alien to request a determination by the SSA as soon as they believe 40 have been reached, so as to shed the obligation as soon as is possible.

Did he have social security taxes deducted from all of his paycheques during the 6 years?

I am a usc applying for my f1 husband who does have a ssn ,he has over stayed his visa, graduated college and have been working steadily for over 6 years or more in the united states, paying taxes all the time. Would i be able to count their quarters on the I864, or would their illegal status preclude that? i also work but dont meet the minimum for a family of four in florida ?myself, husband, 2 kids.. I could prob have my father who does not live with us sponsor as well...

Thanks for the help!

Try this parsing technique when you reply. It'll make it difficult for anyone to keep up, and we might have a bit more fun with it too!

Perhaps I'm too tense .... irritating .... nonsense.... .... intolerant...change of heart?

...

Perhaps I'm too tense and missing my wife (uhm, perhaps?) but wading through copious quantities of repeated text is so very irritating when you're following a thread - especially when the person replying simply adds "Agreed!" or some such nonsense after quoting (in full) two to three previous posts

Forgive me if I'm sounding a little intolerant.. I was happy once

Also how do I change the Filed for K3 in my profile to IR-1/CR-1 after a change of heart?

I guess so

Perhaps I'm too tense and missing my wife (uhm, perhaps?) but wading through copious quantities of repeated text is so very irritating when you're following a thread - especially when the person replying simply adds "Agreed!" or some such nonsense after quoting (in full) two to three previous posts

Forgive me if I'm sounding a little intolerant.. I was happy once

Also how do I change the Filed for K3 in my profile to IR-1/CR-1 after a change of heart?

maybe youre right

Perhaps I'm too tense and missing my wife (uhm, perhaps?) but wading through copious quantities of repeated text is so very irritating when you're following a thread - especially when the person replying simply adds "Agreed!" or some such nonsense after quoting (in full) two to three previous posts

Forgive me if I'm sounding a little intolerant.. I was happy once

Also how do I change the Filed for K3 in my profile to IR-1/CR-1 after a change of heart?

on the other hand, sometimes you need to know what someone is referring to in their posts and quotes are necessary

Thanks for that NArocks.

Hmm Y's_habibitk, you little jest escapes me

Multi-quotes aren't bad in itself, if picking up on various points but.. nevermind - when I next see what I mean I'll quote it here

Yes, it can be annoying, but you learn to filter it all out.

Once again not true. There are extenuating circumstances that would preclude any legitimate couple from sharing a residence for some or even most of the time. This being one.

NO, however, this IS a requirement later when removing conditions from a conditional green-card.

Nonsense. Why hold up one's life just because of a small technicality? There are very legitimate reasons for couples to have separate residences. The OP mentions just one of such instances. Going into AOS eyes wide open, he and his spouse have every opportunity to make certain they can document their shared lives, and justify the reason they are not lvinig together during the school year. If his spouse retains his address as her permanent address, on all applications, then I just don't see a problem.

I've been lurking for a bit but just signed up today.

My girlfriend (USC) and I (British Citizen) are going to start a K1 application soon, and I had a question regarding the importance of living together once you are married.

We are going to get the process started soon, but she is still in Grad School right now. If I get the approval and the Visa before she is finished with grad school, and we aren't living together right away, does this cause problems for the AOS side of things? Or do they take into account that she is still away at school and we will be living together as soon as she is done in a few months?

Thanks in advance,

Andy

Yes it can cause problems. For the AOS you must demonstrate you have a legitimate marriage and not one for immigration enefits and the burden is on YOU to prove it. There is no requirement, per se, that you live together, but it makes it an uphill battle.

Well, according to the doctor that they sent me to make a detail report of the psychological damages that my husband has caused me...

VAWA was not created to allow people with hurt feelings to immigrate if they can't make their marriage work. it was created to allow people who had actually been "abused" to escape abusive marriage without inconvenience. if you had to be sent to a psychologist to explore your psyche to discover whether you had been abused, you weren't. on another note, if you were foolish enough to marry a bi-polar you already knew that you were walking into an unstable relationship, yet chose to do so anyway. surely you made the choice for some reason.

This is a totally incorrect perception. How can you suggest such a thing? Many victims of abuse are systematically beaten down psychologically by the abuser such that they begin to justify the heinous acts of the abuser and can even begin to take responsibility for the abuse. It is also not uncommon that some forms of abuse are so awful that the victim can bury the memories so deeply (involuntarily) that it might take years to uncover.

By the way, many individuals that have been diagnosed as bi-polar live relatively normal lives when taking the appropriate medications. So, you'd banish them to spinsterhood and bachelorhood, eh?

Jusashooter, please do not make judgments on that which is very clearly unfamiliar to you.

sister diaddie.... he is an expert on everything. everything.

Well, we'll have to de-expert him, now won't we?

Whose A number is on the receipt?

Hi everybody,

We sent in our I-751 for my wife and 2 stepchildren, including a check for $705 that covered the applciation fee plus 3 biometric fees. Vermont Service Center cashed the check and we received the receipt notice.

The problem:

The receipt notice did not name our 2 stepchildren who were included on the application, and who's conditional residence cards have also expired. There is no mention of any name/person/application/case number other than my wife.

The 2 stepchildren will be visiting their grandparents in Toronto in August. We will be joining them and re-entering the U.S. as a family. Can they re-enter with the receipt that only names my wife, and not them specifically? I don't want to encounter a major problem at the border. They're flying to Toronto from the U.S. on their own, but I don't think their U.S. immigration paperwork will be questioned when entering Canada, but it could. Either way I think USCIS should have named all persons who were on the same application, but of course they appear to have made yet another mistake on our paperwork.

I've tried to call Vermont for clarification, but the number listed on the receipt (802-527-4913) is "not in service." Big surprise considering the horrible service we've received along the way.

Well, according to the doctor that they sent me to make a detail report of the psychological damages that my husband has caused me...

VAWA was not created to allow people with hurt feelings to immigrate if they can't make their marriage work. it was created to allow people who had actually been "abused" to escape abusive marriage without inconvenience. if you had to be sent to a psychologist to explore your psyche to discover whether you had been abused, you weren't. on another note, if you were foolish enough to marry a bi-polar you already knew that you were walking into an unstable relationship, yet chose to do so anyway. surely you made the choice for some reason.

This is a totally incorrect perception. How can you suggest such a thing? Many victims of abuse are systematically beaten down psychologically by the abuser such that they begin to justify the heinous acts of the abuser and can even begin to take responsibility for the abuse. It is also not uncommon that some forms of abuse are so awful that the victim can bury the memories so deeply (involuntarily) that it might take years to uncover.

By the way, many individuals that have been diagnosed as bi-polar live relatively normal lives when taking the appropriate medications. So, you'd banish them to spinsterhood and bachelorhood, eh?

Jusashooter, please do not make judgments on that which is very clearly unfamiliar to you.

Yes, you can deal with the San Antonio office to replace the green card to reflect the name change, but it would be wise to file an AR-11 now. Even though you may be on good terms with his family, after the divorce it might be difficult to assert that as your permanent address going forward.

My ex husband and I got married on August 21st, 2004. I became a conditional permanent resident in October 2005, and had the conditions removed in October 2007.

He and I moved from Chicago to Austin in May 2008, and several months later our marriage started going downhill. We separated in January 2009 and finalized our divorce on June 2nd, 2009. In the divorce I requested a name change because I felt uncomfortable every time I signed my married name, especially living in a smaller city where he and I are the only two people with that name.

I applied for a new social security card on June 4th. I just received a letter from SSA telling me that they could not provide me with a new card until I made an appointment with my local office to have my green card updated to reflect my current name.

A few questions:

1) I never changed my address when he and I moved to Austin. The mailing address we were using was his grandmother's, since he and I are still in the phase of our lives where home buying is not a possibility and we were moving every year or two. I knew that if immigration sent any documents to that address they would be forwarded to me. Even at this point, his family and I are on good terms and I know that they would keep me in the loop. Am I still able to go to my local office (San Antonio) when all my paperwork was filed in Chicago?

2) If I am able to go to the San Antonio office, I have no idea what kind of appointment I need to schedule. I went through all the options on InfoPass and none of them seem to apply to my situation.

3) Is there anything else that I need to do to update immigration with my current status? I know that I will now have to wait until 2010 before I can apply for citizenship, but I was under the impression that that was the only change that I would face once the divorce was finalized.

Thank you very much in advance.

Actually, false claims to be an immigration attorney could be construed as a violation of the TOS.

Your a Supposed attornry? Do you get off on making others feel small? Does that make you the big man on campus? Well not here bud. Please STFU and like stated earlier GTFO. I am sure the OP does need to be harrassed anymore than she already has by he SO.

AS for the OP, Keep going girl. Now that you have been moved to the right forum there will be plently of people who have been through this and worse and will give you the support you are entitled to. My heart goes out to you. Keep Strong honey.

Who are you????? And what the heck are you talking about? Oh, nevermind, I know who you are!!!! You're name may be changed, but the style speaks volumes.

However, you don't know what you are talking about. Contradictions galore!

Does this sound at all familiar?

Given what you have wrote here, I don't think your VAWA application will be approved because just shouting out -abused and obtaining a restraining order doesn't mean one was really abused. Any woman can get restraining order. Courts ALWAYS give restraining order to a woman even if nothing could be proven, believe me. But EVERY alien files VAWA application if their US citizen-spouse refuses to get them green card....Read my lips- EVERY alien files this petition once US citizen spouse refuses to help them in the green card. Why? Because once a US citizen-spouse refuses, alien-spouse doesn't have any other option to have a green card except thru a VAWA. So they all shout-abuse. But hey, immigration is so dumb. Thus, they always approve VAWA petition until recently because many organizations have raised their voices that VAWA law is being abused and misused by aliens to get LPR. Thus, USCIS has become a bit tough in approving a petition on VAWA law.

It should. You wrote it a few days ago.

Hi All,

I am married to an American citizen and here in America on a K3 visa. After a year long abuse and some stays at shelters, I finally filed for a protective order, and then for my petiton under VAWA. I recently got my work permit, and prima facie for the Vawa case has been determined. What happens when the prima facie for the case I-360 has been determined?

It is a second marriage for both me and my husband. My husband had become friends with my ex, and now obtaining false accusations from him and defaming me. Can he jeoparadize my VAWA case by submitting these accusations from my ex husband?

Please help.

"What happens when the prima facie for the case I-360 has been determined?"

Nothing. Prima Facie is just another processing process of pending petition I-360 (VAWA case). It means nothing. Nada. It doesn't mean your case be denied nor it means your case be approved. It merely means your case is accepted for review. That's all. However, this Prima Facie letter does allow the applicants to obtain state and federal help until case is decided. So, don't ever think that your case be 100% approved just because you have received this Prima Facie letter nor be on mistaken if any attorney tells you otherwise. This letter means nothing except that you may try to get state or federal help if needed.

"Can he jeoparadize my VAWA case by submitting these accusations from my ex husband?"

By law, USCIS cannot tell anyone nor share any information about VAWA case to anyone except with the applicant and law enforcement agencies. Thus, rest assured nobody is going to find out as to whether or not you have EVER filed I-360 (VAWA case). However, not disclosing a VAWA case is one thing and taking credible information on fraud is another thing. What it means is- USCIS cannot and will not disclose to anyone that you have ever filed any VAWA case but that doesn't mean that will not take any credible information/accusations of fraud from someone to deny and prosecute you.

Now, whether or not your ex can jeopardize your VAWA case/immigration case then it would depend on what kind of accusations and information he is submitting to immigration. If he is just making accusations only without any evidences then USCIS will just throw his accusations in the garbage because they don't have time to deal with this type of accusations because they receive this type of things in every marriage based case when marriage falls apart while still immigration process going on. They know that when marriage falls apart, one party will try to stop others from getting immigration status or will try to sabotage others one way or another...no matter what...as emotions run so high and people are up to revenge. I've been on many immigration sites for many years and I've noticed people contacting USCIS with all kind of allegations/accusations you name it...some even produce very solid evidence of fraud committed by alien-spouse, yet still USCIS has had done nothing against those alien-spouse.

Having said that, whether or not your ex's accusations are true, don't worry USCIS won't do anything to you because USCIS is a very incompetent agency of US govt. They let people commit fraud. Not even one case reported in the history of USCIS wherein they have ever prosecuted US citizen for immigration fraud even though many US citizens were found committing immigration fraud for money as they get married with aliens for money in exchange of green card. Thus, USCIS will not do anything to you nor will jeopardize your VAWA case even if your ex's accusations were to be true against you. I'm not saying that you did commit fraud or your ex's accusations are true; instead all I'm saying is that USCIS has NEVER done anything against anyone even if solid and convicing evidences are presented to prove the accusations. So rest assured and sit back and relax.

As for whether or not your VAWA case be approved or not then USCIS approve every VAWA case anyway. Very rarely they deny it to very few people here and there...and that also on techincal merits. With proofs or without proofs, you will get approved. Believe me, everyone gets approved. Trust me. I was a specialist on VAWA cases until 2 years and seen not even one case be denied even if many people have had nothing to prove abuses. All applicants is need-shouting abuse and some stories of how their spouses abused them. That's all. You will be surprised to know that every single man who files this petiton they get approved too even if their US citizen wife was half of their size and nothing happened. I even came across to cases wherein men and women completely fabricated documents of abuses to get a green card thru VAWA law. So, I can assured you that you will get approved in the end. I guarantee you.