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JoannaV

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  1. Like
    JoannaV got a reaction from VanessaTony in Can the USC file for unemployment benefits?   
    Also, unemployment is unemployment insurance, not a random government welfare hand-out. If a permanent resident has paid enough into it and gets laid off from their job they can qualify for it just as a US citizen can. Not that this applies to you.
    But yes, the US citizen is not affected in ANY way by being your sponsor. It is only the immigrant who is not eligible for certain benefits. (And the sponsor would be responsible if the immigrant falsely received such.)
  2. Like
    JoannaV got a reaction from Harpa Timsah in Can the USC file for unemployment benefits?   
    Also, unemployment is unemployment insurance, not a random government welfare hand-out. If a permanent resident has paid enough into it and gets laid off from their job they can qualify for it just as a US citizen can. Not that this applies to you.
    But yes, the US citizen is not affected in ANY way by being your sponsor. It is only the immigrant who is not eligible for certain benefits. (And the sponsor would be responsible if the immigrant falsely received such.)
  3. Like
    JoannaV got a reaction from Ribs & Beans in Can they deny you for being poor?   
    Every state is different, but in my state you can get unemployment so long as you didn't leave voluntarily and weren't fired for misconduct. (And if you were fired but don't think you should have been, you can appeal.) Food stamps...when I looked the only reason I could see that we couldn't get them was because we owned a vehicle worth more than $4000. Double, triple-check on umemployment, because you can use that towards the income requirement - don't know if it would be enough combined with your household's (ie parents') income, but certainly something to look at REALLY hard before you decide you definitely can't get it!
    The recession punched the trucking industry to the ground :-s Though guess it is back on its feet now, but still.
    I don't know much about adjusting status, so I am just going to ask this and hope someone else can answer. If you send off the AOS package with an I-864 that does not show sufficient income, will they straight up deny the application or will they send an RFE? If the latter, then could you apply for AOS along with the EAD, and then once the EAD was received the immigrant could also try to find a job and then his income could also be considered? How long would they have to reply to the RFE?
  4. Like
    JoannaV got a reaction from Myopia in Give up GC or what to do?   
    If you give up your green card you should be able to travel to the US as a visitor, and should be fine if you have proof that your American husband and you are living out of the country. (ie that you have no immigrant intent at that time.)
    I don't know much about SB1. I get the feeling however that you do not qualify. You must have left the US for a short period of time and then become prevented from returning due to reasons out of your control for which you were not responsible. Then again, one of the reasons listed is "accompanying a US citizen spouse", which cannot mean only when they are on government/military business because such people do not require the SB1 at all.
    (My husband has considered jobs abroad before, and it is a hard position to be in. I do feel that the system in relation to this is not very good. So I sympathise 100%.)
    The SB1 costs pretty much the same as re-applying through DCF. (SB1 is $380 whereas I-130 is about $400, and then you have to pay the medical fees and immigrant visa processing fees. At least, I assume that "Form DS-230 application processing and security surcharge fees" is the same thing as the immigrant visa fees.) The difference is that you would not have to wait for an I-130 to be approved. But if you will know the earliest and latest dates you want to move back to the US, it will be easy to file the I-130 early enough and then potentially delay the process a while later if need be. Considering the money and the time, that neither are problems, I guess the SB1 is not the better choice as it has so much uncertainty to it. Unless we can hear some stories from people in similar situations who were approved. I guess it is a rare visa because I don't recall reading any such stories.
    If you decide to remove conditions then you won't need the SB1. But if you don't remove conditions then you will not have a valid green card for travel, and so wouldn't be able to travel to the US again until you did have the SB1. I am not entirely sure if you can apply for the SB1 with an expired condition green card. Well, maybe you can, but you might have to demonstrate a valid reason as to why you were not able to remove conditions :-s
    I have managed to convince myself that your best option is just to give up your green card (formally) and then apply through DCF again in the future. Which is a sad thing to conclude, really :-(
  5. Like
    JoannaV got a reaction from SunDrop in feels like the end before the beginning...   
    Forums such as VJ are such a huge help to people. Unfortunately they also have the side effect of making you aware of all that can go wrong, and leave you over-thinking and over-worrying. Ignorance is a much joyous place to be, and 99.99% of the time it is also the correct state of mind to be in. (That is, most of the time everything works out just fine so thinking optimistically has more relevance to reality.) Just keep your eye on the goal, and your mind busy
  6. Like
    JoannaV got a reaction from katie & sifa in feels like the end before the beginning...   
    Forums such as VJ are such a huge help to people. Unfortunately they also have the side effect of making you aware of all that can go wrong, and leave you over-thinking and over-worrying. Ignorance is a much joyous place to be, and 99.99% of the time it is also the correct state of mind to be in. (That is, most of the time everything works out just fine so thinking optimistically has more relevance to reality.) Just keep your eye on the goal, and your mind busy
  7. Like
    JoannaV got a reaction from TBoneTX in Travel inside the united states   
    It is perfectly fine to travel within the United States.
    If your wife's K1 visa is expired then you should carry a copy of proof of her appointment date, or proof of receipt of the AOS, just in case you run into an official who looks through her passport, sees the expired visa, and is too ignorant to understand what it means. You''re unlikely to run across someone like this, but it's good to be prepared!
  8. Like
    JoannaV got a reaction from Laura & Kyle in Country Portals   
    There is ONE Isle of Man member. Who has never posted. Think of how lonely they must feel
    If possible, the solution that would satisfy 99% of people would be if the appearances stayed the same but all the constituent countries linked into the same portal. (And to satisfy the other 1%: the option to then filter by the country.)
  9. Like
    JoannaV got a reaction from Kukolka in Yeah I know its my fault   
    Waiting the week to get the medical records would probably be worth it. No-one's going to appear on your doorstep this month demanding to deport your husband, so you can afford to take a week to submit a full petition.
  10. Like
    JoannaV got a reaction from liz0215 in Is it true that you can speed up your k1 process??   
    And it won't speed up the process if you include something not needed at the initial stage (such as the police certificate) and by the time you get to the interview the police certificate is out of date...
  11. Like
    JoannaV got a reaction from jnjs in K-1 Visa--My responsibility   
    Any case could be fraud or fake-love, in that we can never know for sure that someone isn't a super actor. We only trust that they aren't. However in this case it does not sound like fraud or even fake-love. It does sound like you are incompatible, or that your relationship never got the chance to develop fully. It sounds like you are not fully committed to this girl so a trip over to see her would probably not be much good. If you are are not sure though then doing whatever necessary to make a trip over there would be good. Do let USCIS know that you will not be wanting the visa used any more. If you ever are in a position to file for a K1 again in the future, I would advise visiting the girl a couple more times before making that decision. (USCIS might require more proof from you of a bonafide relationship the second time around.)
    One thing I wanted to say, is that it is not clear to me that she doesn't love you. So be gentle to her in your treatment of her. Personally, I may have chatted online for hours each day and travelled out of my way to meet my love and spent too much money on phone calls. But that doesn't mean that it is the "right" thing to do. There is nothing wrong with not spending money on bad-quality phone calls, or not spending every evening in a crowded internet cafe, or even trying to avoid airport traffic. I know people who would always make it to the airport and also people who would not think they have to make it to the airport if it is in any way hard to do so. So I don't think you can assume she does not love you, and so I think you should be gentle with her if you break up with her. Not that there is a good way to break up with someone, but don't say "YOU don't love me."
    I guess I'm saying, the incidents you tell us about show that the two of you are probably not right for one another, and would ultimately have problems were you to marry. But they do not prove that her heart won't be broken, so take care.
  12. Like
    JoannaV got a reaction from Darnell in Just joining in : )   
    When the US citizen lives in America and the foreign citizen lives abroad and they have only just gotten married, obviously USCIS understand that you won't have much, if any, co-mingling of financial resources. However if there is any evidence of joint finances then do include that. Also, you should include three affidavits from friends/family who have knowledge of your relationship. Recently they have started to request these from any newly-weds who don't provide them. These don't have to be anything extravagant. (Also, if either of you have been divorced recently then you may want to include an affidavit explaining the end of that relationship. These have also been requested recently by the London Embassy.)
    You can look into putting your husband's name on the house, but don't worry if it doesn't get done before you send off the I-130.
    Experienced lawyers are helpful in very complicated cases, for example when there are crimes or the such involved. However, they are not always aware of what is happening on the ground in the immigration offices and Embassies right now. For example, affidavits didn't used to be requested but now they do seem to be asked for if not given. He might not know that, but forum trawlers will
  13. Like
    JoannaV got a reaction from Harpa Timsah in Bona fide marriage, will USCIS question intent?   
    Firstly, you have plenty of evidence of a bona fide relationship that looks like one that could've ended in marriage by July even without extenuating circumstances.
    Secondly, USCIS do understand that people do, to a certain extent, plan their marriages around immigration. Most K1 filers would probably have waited longer to get married if it wasn't for immigration. (Ie, they would choose to live close by for a while before getting married.) Which means they are used to people getting married spontaneously/quickly/etc.
  14. Like
    JoannaV got a reaction from Harpa Timsah in I-485 denied, no interview, denied on lack of RFE   
    They can either re-file or file a motion to reopen. The latter costs $585 so is cheaper. Time-wise, it is hard to estimate: I've seen both cases completed in 4-5 months, and also heard of it lasting for a year.
    The form to reopen is here: http://www.uscis.gov/files/form/i-290b.pdf. Your friends will have to file a motion to reopen, not a motion to reconsider or appeal as it is due them not providing all the evidence, rather than USCIS's procedural/legal mistake. They must file this within 30 days of the notice of denial.
    A snoop around the internet seems to indicate that people have at times succeeded in just writing a letter, but that is them being lucky not anything else. USCIS (here: http://www.uscis.gov/files/nativedocuments/OLUtelcon_012809.pdf) clearly say that a letter is not a motion and if the motion is not filed within 30 days it is too late. (So anyone hoping a letter will work, is betting their life on very slim odds.)
    Personally, I would not think an attorney would help, rather he might confuse the process. If it is clear what the reason for the denial is, then your friends can just make 100% sure that they include every possible piece of evidence. (Sounds like they might have to go to the father's house and follow him around to make sure he gives them everything asap!)
    The attorney would be more useful if the denial was based on USCIS making a decision that was wrong based on the law, rather than lack of evidence. Law would (maybe) need an immigration attorney to write a brief; lack of evidence needs YOU to get the evidence.
  15. Like
    JoannaV reacted to mrs.wife in please help me   
    My foreign husband came here to the US to marry me. We have known each other since 1994 and have been married one year. Since coming to the US, he has changed completely. I know that it is a hard transition coming to another country as well as a huge change to get married, so I have been trying to be supportive, but nothing seems to help. He is so depressed all of the time, and is angry with me for taking him away from his life in his country. I don't feel like I can talk to my family because they are critical of the fact that he doesn't have a job even though he has had his green card for six months. Also he sees me talking to my family about him as an invasion of privacy and me being disloyal to him. In order to return to his former profession, he needs additional training first here in the US, and he needs to improve his English before that training will be possible. So many of his preferences and attitudes have changed since arriving here that I feel like I hardly know him anymore. I am working full time to support us. When I get home at night, I help him study English. There are opportunities for other jobs and/or chances to improve his English by being involved with other people, but he refuses to do any of them. He feels that I tricked him into coming here and have now destroyed his life. I love my husband and want him to be happy. I even offered for us to move back to his country to live, but he doesn't want that either. Sometimes I think he is determined to be miserable. I am so unhappy in my marriage. I never imagined that things would change so much. I don't want to give up, but I am at the end of my rope. I take care of everything at home and outside of the home since he is not real comfortable with his English. In addition to a very stressful job, I don't feel like I can keep up this pace much longer. He is determined that the only way to get what he wants is by depending on himself and trusting no one else. He refuses offers of help. Please give me some advice. I am trying to be patient, but after 1 year, nothing has improved, and I still see him as not adapting to life in the US. Thank-you!
  16. Like
    JoannaV got a reaction from v333k in Last question before i send my papers   
    It doesn't matter which way round you write in the two divorces. Personally I would put the most recent one on the form, and the 1st one on the additional sheet. But it really doesn't matter.
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