Richie Rich

On 1/19/2020 at 10:38 PM, geowrian said:

The petitioner can withdraw the I-864 at any time prior to AOS approval.

However, since they got an RFE/RFIE for the I-864, unless he is both willing to proceed with a new I-864 AND there is a suitable joint sponsor is found AND she shows a bona fide marriage at the time (this falls under Matter of Sesay - typically not DIY - get professional assistance), there is no avenue to complete AOS based on that existing petition.

She cannot AOS through a petition with anybody else - a restriction of the K visa is that you have to AOS through the original petitioner. For any other path to legal status (i.e. if she found another spouse), she has to leave the US to complete the process.

 

Once the I-485 is denied, she will be unlawfully present in the US. She will need to leave to avoid a 3/10 year bar due to overstay.

Upon denial, she will get a notice that she needs to leave the US.

"Shortly" (in immigration terms) after that, she will be issued a Notice To Appear (NTA) for immigration court to begin removal proceedings, assuming she does not leave on her own.

For anything regarding the divorce, she should seek a divorce attorney. There is no requirement to remain in the US to complete a divorce, so expect to handle that on a separate timeline. It may or may not complete before denial, before the NTA, or before removal.

 

If she does find a new petitioner, the new petition can be filed as soon as she is eligible - i.e. if she remarries, the I-130 petition can be filed as soon as she is legally married (meaning her prior marriage has to be fully dissolved first).

She would need to leave the US to complete processing abroad, per the above.

If she overstays by 180+ days, she would need a waiver for the overstay, or to wait out the bar.

 

The only exception to stay legally are if she was subject to "extreme cruelty" and abuse by her spouse/former spouse, and she can show this, via a VAWA claim.

Thanks for your input . I appreciate the response.

Hi Guys ,

My wife and I are filing an Affidavit of Support for a family friend for her petition ( I-485 ) . We filed jointly for the past 6 yrs .

My question is - Do we need to complete two separate I- 864 - Affidavit of support forms and attach the required financial documents ? or can I just file one  I-864  with the supporting documents ?

I appreciate your kind response .

Thanks

The petitioner did submit the I-184 but was given a RFE ( Did not meet the required income level ) . Can My wife and I submit another affidavit of support as a co-sponsor .

The petitioner is filing for bankruptcy and as a result do not wish to proceed with the petition .

We just learn that the Petitioner wants to file for divorce and dissolve the marriage .

Is there any hope for the family friend and her daughter ? If denied , what are her options ? Does she have to return home ? Can she remain here until after the divorce ?  if she is remarried , how soon can someone file a petition for her ?

I appreciate  any input .   

Yes , they came on a K1 visa and are married . 

Is it possible that they can self sponsor themselves if the petition is denied. Someone said it has happened before and they filed as  a self sponsor. 

Hi Guys ,

It has been a while since I was on Visa Journey . I have a question and hope I can get some answers . I am asking for a family friend .

The Petitioner wants to abandon the petition and told his fiancée that the relationship is off after 1 year . He does not wish to proceed with the petition for his fiancée and her daughter .

The daughter did her biometrics and his fiancée is scheduled for her biometrics later this month .

My question : How can she proceed with the petition without the petitioner help ? I am willing to be a co-sponsor and complete the I-184 ( Affidavit of Support ) for her . Her daughter received a RFE for the I-184 and she have a deadline at the end of Jan to complete .

What are her options at this point in the process ?

I appreciate any input .

Thanks.   

Hi Guys , 

I am asking a question for a friend . He is filing for a K1 visa for his Fiancee, but his Fiancee has a child . He is filing the 129 F .

Does he have to fill any additional forms for his fiancee child ? 

Any input from guys who have filed for a K1 with children are appreciated .  

My Oath Ceremony was yesterday (07/24/2015) . I am now offically a US Citizen .. Thanks to all my VJ family for all the helpful advice on this forum . Best of luck to all who are still waiting . Kindly update my status . Thanks again . God Bless America .

I received my Oath Letter . My Oath Ceremony is on 07/24/2015 . KIndly update my info guys . Thanks again for all the help and helpful information on this site . My journey is finally coming to an end .

Finally - I received a text message that my Oath Ceremony has been scheduled . It has been almost 8 weeks . I am just waiting for the letter in the mail . My journey is coming to an end . .

You may consider to write a letter to your IO.

Thanks Time Travel . I will give wait for another 2 weeks . If I do not hear anything , I may consider writing my Congressman or Senator .

Its been 6 weeks in line waiting for my oath letter so far . I am just wondering how longer I have to wait . I tried calling Uscis but they they say it has to be over 90 days before they can take an action . Just starting to get frustrated . I see some persons here taking the oath with 1 month after thier interview . Any ideas or suggestions ? Thanks

Just a quick question . How long on average does it take to receive your Oath Letter after the Interview ? I know it may vary by locations . What other factors can determine the waiting time ?

Thanks for the replies guys .

I passed my interview on 05/11/2015 with flying colors . Answered the first 6 questions correctly and wrote 1 sentence . I was in and out of the interview room in under 10 minutes . . I am now waiting for my Oath Ceremony Letter in the mail . Good luck to all the remaining Jan filers .

Kindly update my timeline . Thanks .

Today, April 24, 2015 I am officially a citizen of America ! Thank you to all VJers, everyone here is really helpful and awesome. My naturalization journey ended today with very positive results all through out, Now comes another journey for me and my wife.. I will be filing I-130 as soon as we gather everything we need. Thank you everyone. highfive guys!

Congrats to you .

Had my interview today here is an overview.

Interview was scheduled for 2:15 got there around 1:20, after working off some nervous energy outside I entered the bldg and went up to the second floor where I was checked in. There were about 10 other people in the room waiting, quite a few people came in after me and were called in to be interviewed before I was. Finally around 2:25 officer came to door number 3 and called my name.

I was taken back to the interview room swarn in, and was quickly told that they would waive the reading and writing test because I have been a permanent resident for many years,and English is my first language. The officer then proceeded to review my application by asking me to verify information from each page. Once completed she proceeded to ask me what appeared to be random questions from the 100 civic questions, she then stop after six questions and told me I had passed. The spelling of my name was then verified and I was then told I had a choice of Oath ceremonies, one in my hometown on April 26th where there wasn't a guarantee they would be able to fit me in, and the other on April 13th which was a sure thing. ........of course I went with the second option

The most difficult part of the day was the length of time it took for them to call me to the back for the interview since that time was mostly spent worrying about what was coming next. In any event I'm happy this part is over and the end of this process is not far ahead.

Please update ......My oath is scheduled for 4/13/15.....oath letter was handed to me five minutes after interview

Congratulations . Best wishes for your oath ceremony .

I received my letter today for my interview on 11 May 2015 . . Kindly update . Wish me luck . Best of luck to all January Filers .

I

No that's regarding something totally different. 380 is for her CGFNS here in the states. I wasn't talking about anything of my wife. So not sure where your getting confused. My wife makes alot more than that. It only cost like less than $50 bucks to renew her license, so again, not quite sure what your misreading. Nobody has asked me for money and my wife is not trying to get money out of me. Not sure where yoru getting that from what I am talking about her friend in Florida.

Andy -if that is your name - I suggest you keep out of your '' wife 's friend " affairs and take care of your own affairs with your future pinoy wife. There are 2 sides to the story . Why dont your wife friend tell her story . ? She gets 1 hr on the computer . I dont see her complaining . Just saying as many others echoed here - maybe she is just in the marriage for the green card or taking the "old guy " for a ride . Only time will tell .

_{Received E notification on 02/20/2015 that I am in Line for the interview . Kindly update . Thanks . Happy that my case is progressing .}

Received my Biometrics Letter on 02/09/2015 . Biometrics date is 02/18/2015 .Kindly update . Thanks .

Received my NOA 1 today - 02 Feb 2015 . Kindly update my information. Thanks .

My check was cashed on 01/26/2015 . Waiting on NOA1 in the mail . Kindly update .

I received a Text message on 01/25/2015 stating that my case was received and a Receipt # xxxxxxxxxxxxx was issued and the Official Receipt form I-797 will follow in the mail . I am happy that my case is progressing . .

Mailed my application on 01/17/15 . Kindly add me to the January filers . Good luck to everyone for a quick approval .

Thanks Dvazcis85.

Thanks KTeam.

Congrats to all who were approved . For those who are waiting -keep the faith