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VisaJourneyDude

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Posts posted by VisaJourneyDude

  1. I agree with ashydad.

    Treat each form as a separate application and provide appropriate evidence for each. It will seem redundant but assume that different people are going to read and evaluate them so naturally, you will need to provide proof for each application separately.

    This is the 21st century though. We got Internet, iPhones, Skype and Facebook. Surely the government agency must have copiers.

    I made only one copy for the three forms and one set of passport photos. That worked for me as they combine the 765 and 131 onto one card when it is issued. Your milage may vary though.................reading.gif

    Thank you! I would seriously like to see a few more of these answers.

  2. 1.) "I-864 - Affidavit of Support: K-2's don't require their own separate I-864 with supporting documents (tax returns, etc). Make sure they are listed in section 9 of the K-1's I-864, and provide a photocopy of the K-1's I-864 with the K2's paperwork. You don't need to include copies of the supporting documents with the K-2's paperwork. You won't get an RFE if you do happen to provide a separate I-864 with supporting docs for the K-2. It's just not required." > http://www.visajourney.com/content/k2-visa-adjustment-of-status-tips

    2.) Household size is not determined by who lives with who.

    The I-864 instructions explain it best : Page 8, #3 > http://www.uscis.gov/files/form/i-864instr.pdf

    How Do I Count Household Size?

    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 dependents 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.

    Wonderful answers! Thank you!

  3. Question #1:

    I have a K1 and K2 in regards to I-864 Form. Am I suppose to fill out a seperate I-864 form for K2 or do I list her on Part 3 Item #2?

    Question #2:

    In Part 5 it ask for "HOUSEHOLD" size. To me household means people that live with me. I have two other children that don't live with me but I pay child support for. Do I include them in item #4?

    Thank you in Advance!!!

  4. There are 11 million "undocumented" immigrants in the US. It's not that simple to deport them all...

    Even if your wife arrived legally, she has no legal status right now. Unless some other illegal aliens, she has the possibility to legally adjust her status and her overstay will be forgiven. File for AOS as soon as possible, her status will be protected while her AOS is pending adjudication.

    Thank you for your response. When you file for I-485. What documentation do you get for proof that you did file?

  5. They are not. They simply have not been found yet/ have not caused enough troublew to make deportation worth the effort and cost.

    It is very unlikely that even if the police give your wife a traffic ticket or similar, she would be deported- but it is theoretically possible.

    I would beg to differ there. I know someone who is illegal with a car, no drivers license, no insurance no nothing. I blew the whistle on them and they are still here. ICE is not doing anything about it.

    My wife has a driver's license and a social security card with also an expired I-94. I really don't know how anyone could have these documents with an expired I-94

  6. Yes; if the I-485 is not filed by the date the I-94 expires then the alien(s) begin to accrue illegal presence, are in the US without authorisation, and are deportable (so could theoretically be detained by ICE).

    There is a widespread but incorrect belief that K-1s are somehow "protected" simply by virtue of their marriage to a US citizen. This is not the case, and getting married within the 90 days only gives them standing to be able to file for AoS (and even marriage beyond the 90 days gives them this standing, they just need to file an I-130 in addition, provided they marry their original petitioner).

    So how are illegal Mexicans with no documents are allowed to stay here?

  7. As long as you marry within the 90 days, you are eligible to file for AOS. There is no deadline. However, you want to do it as soon as possible because you will not be able to work, travel internationally and re-enter the US, and you will be out of status and accruing overstay once the I-94 expires. Many people have filed a few weeks or months after the I-94 had expired and had no problems.

    Thank you for the reply. We married before 90 days and it's already been 4 months that we been married. So you are saying she is here illegally? I didn't file I485 because it's going to cost me me 1,600.00 for her and her daughter and don't have that type of funding at the time. I will be filing next week since I have that funding now.

  8. So I talked to USCIC and asked if there's a deadline when to file for I-485 after getting married to a K1. They said there isn't. I talked to another person and they said you have to file for I-485 before I-94 expires which is technically right before your marriage deadline (90 days). So, technically there is a deadline to file for I-485 right? I'm confused.

  9. Some of you probably already know this but make sure you keep a copy of your NOA2. After K-1 you will have to file an I-485 after you marry and they will want that copy of NOA2 again. I made copies but can't find them. I thought, no big deal just get a copy from USCIS. Well, they want an arm and a leg for a copy of notification paperwork for over $400.00. That's just crazy!

  10. I'm applying for a I-485 (AOS) for my K1 wife and I am surprise they want an I797 NOA2. When applying for an I-129F they require that I797 NOA2 at interview before they give you a K1 visa. Surely, if my wife came in on K1 and applying for an I-485 they know that it would be impossible to get that K1. So why do they want it again?

    I'm upset because I lost a copy of that document and it takes a while to get it. On top of that a copy of the NOA2 is over $400 dollars. That's crazy!!!

  11. So my fiancee from Russia wants the elaborate wedding. We only have 3 months to plan for it once she is here. Right now she will be in the interview process next month. This is why we can't make any real plans until she gets that K1 visa. It doesn't make sense to plan a wedding and make deposits until the visa is in her hands.

    She wants her family and best friend to attend the wedding. I said fat chance with that. I'm not flying all those people and boarding them on my dime. Not to mention, how in the world are they going to get a visa that quick? So the K1 visa has a few flaws. One of which is... you have three months to get married. I think they should be realistic that this should be longer. You have a better idea how a person is like if you lived with them for at least a year. You can't plan a real wedding with just 3 months. I wish they made it 1 year grace period to marry.

    Would like to hear all your experience with this situation

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