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UnhappyVictimAmer

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Posts posted by UnhappyVictimAmer

  1. I don't think they would let you proceed if they needed anything more. Have you tried to email the U.S. embassy that is handling your case? Why did you have to update the documents? Did they ask you to do that? 

    Yes email her the updated documents. Keep everything organized and up to date.

  2. I have experience using a co sponsor using the Jakarta U.S. embassy. They are very picky and for good reason. Because a lot are just trying to get into the U.S. to get citizenship, and will lie, step on, abuse anyone in their way, steal, and do anything possible to make it here as is what happened in my case. Just be careful with these Indonesians. They have decade long plans and are very good at acting and lying. You'll never know. And when you think everything is going OK, boom, she will rob you blind and make you pay child support on her anchor baby. 


    The co sponsor is just a name that goes on the paperwork. They aren't required to do anything beyond that. They won't be required to support them, or buy them food, or give them a place to live, or even pay their medical bills when their anchor baby is born. The hospital and the taxpayers pay it all. No one follows thru on anything or checks on anything. So if your so sponsor is worried about being responsible for anything after she moves to the U.S., tell them not to worry.  

     

    Your number of people in your household affects your income number. So if you don't have a family right now, you are head of your own household and not supporting anyone else. Think about this though. Who is going to pay for her new baby? Are you insured? What's the deductible?  It costs about 40 thousand for each baby, not including all the baby's medical needs and food. If you aren't insured and you don't have that kind of money, and I'm sure you don't, then that means the American taxpayers will be paying. This is what the system is trying to stop. 

     

    Sorry if I missed it but are you both already married? If not then what's your plan? 

     

    I hope this helps.



     

  3. Hello all,
    When my foreign spouse filled out her N-400 application for U.S. citizenship, there's a question asking her about children. I have children from a previous marriage so they are considered my current foreign spouse's step children correct? The problem is, I do not know the address or details of one of the children that's over 18 years of age but the application asks for the address. Should my spouse leave it blank or write unknown. Anyone else run into this? 
    Thanks so much!

  4. If we travel to Indonesia, what do we need to get a "Visa on Arrival" at the Jakarta airport? What documents and copies do we need? Anyone have experience with this?

    For me, a U.S. citizen,

    and what about my son that was born in the U.S. and is a citizen but also is an Indonesian citizen because my spouse is still an Indonesian citizen and is a permanent resident green card holder in the U.S.

    Does he need a visa on arrival too?

    Thanks

  5. Hello, I'd appreciate some help.

    As a U.S. citizen I want to take my 14 month old U.S. citizen and wife (permanent resident green card holder) from U.S. to Indonesia.

    Does anyone know if my 14 month old son needs any extra shots besides the ones he's already got from the doctor? He's up to date on the U.S. vaccinations but are there other ones that are needed.

    What about my wife? She has her record of shots before coming to U.S. so will that be all that is needed for her?

    Also if anyone has any other travel tips, we'd love to hear them.

    Thanks!

  6. After reading the last consulate review about the embassy in Jakarta, Indonesia http://www.visajourney.com/reviews/index.php?cnty=Indonesia&page=1&dfilter=5&topic=

    I wanted to point out that my wife was also given these misleading instructions. I'm not sure if it was the same office but their are only a few that do the exams for the embassy. The Doctors office staff said that they will send all the documents to the embassy but when I contacted the embassy to verify that they received the documents they said they did not and that is not the correct procedure.

    The correct procedure was for us to collect the documents while we were at the doctors office or have them sent by mail to us so that we could bring them to the embassy!

    This mix up caused us to make an extra 850 km flight to Jakarta to collect the documents from that doctors office because we did not want to risk having them arrive late by mail.

    My advise is to stay in contact with the embassy by email or phone..... and ask questions.

  7. Here are a few links to feed on.

    Regarding benefits such as food stamps, this is a state based program so you would need to Google for your state but essentially all the ones I looked at said the same, you must be an LPR for five years to claim means-tested benefits.

    Link Link etc.

    125% of the poverty guidelines for one person is $13,613.

    Here is a link to a discussion of a case where the immigrant successfully gained support based on the I-864 but you need to look at all the issues which were considered by the court. These included the immigrant's ability to work and their actually looking for and being unable to find work, assets the immigrant has, and their annual income.

    The affidavit of support is difficult to have enforced in Court regarding the immigrant receiving support from the sponsor, who in this case the primary sponsor is the spouse and the parents would only be involved if the primary sponsor could not meet the entire obligation (which it sounds to me like revenge here since he says the in-laws pushed for the divorce and it is them he wants to get money from). He must not only win the Court action but then the Court will determine if he is actually seeking work, what he owns, and any income he has. Subtract this from the $13,613 he would be entitled to and that means he won't even get enough to pay for his attorney to fight this case.

    Of course, every court is going to check the basics first. I don't think a motion can even be filed without showing current financial status. You provided a good link with plenty to read about this subject, here's a quote from it;

    " With respect to the contract defenses of mitigation and set-off, the court found that such issues were properly before the court. (10) While the court noted there is no body of federal common law specifically addressing these issues, there is a general duty to mitigate damages as a "basic tenet" of contract law. (11) Applying these principles, the court found that any "funds the [p]laintiff received after her separation should be subtracted from the amount the [d]efendant must provide to 'maintain' the [p]laintiff at 125 [percent] of the poverty level." (12) The court further found that the plaintiff had made "reasonable efforts" to obtain employment and be self-sufficient. (13)"

  8. This is absurd. So basically I'm reading that some members on this board are trying to convince us that the I-864 affidavit is useless and that people can sign it, then throw the immigrant out on the street, commit fraud, and hide behind the U.S. government? So really now, even if it's reported to U.S. immigration, the local courts, and your politicians, then they will all turn their back on the immigrant? Show us some proof of this.

  9. This is NOT what they did even though many people wrongly think it is. They signed a contract with the government to reimburse the government for any means tested benefits that the visa recipant gets. They were required to show income for the total family unit of 125% to convince the government that they could collect from the sponsor if they needed to. NOTHING says the visa recipient is going to live at any certain income level. The OP claims to have their own business and "too many bills" which implies the need to downsize. Many people in the US over extend themselves and it actually causes many marriages to fall apart over the stress of the bills. Even if the OP sued the sponor the sponor could request that the OP liquidate their assets first and then they would make up the difference. No court of law is going to force someone to pay up for another adults bad spending habits. A good dovorce lawyer and a debt consuling service are probably the best thing for the OP.

    This is bad misleading advice for you. Just read document the sponsor signed. Go to the local court house and file a motion to sue the sponsor. Like I said, it's fraud if they don't support you. The court is the government and any jury and judge that hears this will agree.

    "the U.S. Government can consider yourincome and assets to be available for the support of the intending immigrant."

    "If an intending immigrant becomes a permanent resident in the United States based on a Form I-864 that you have signed,then, until your obligations under the Form I-864 terminate, you must:

    --

    Provide the intending immigrant any support necessary to maintain him or her at an income that is at least 125 percent of the Federal Poverty Guidelines for his or her household size (100 percent if you are the petitioning sponsor and are on active duty in the U.S. Armed Forces and the person is your husband, wife, unmarried child under 21 years old.)"

  10. This is NOT what they did even though many people wrongly think it is. They signed a contract with the government to reimburse the government for any means tested benefits that the visa recipant gets. They were required to show income for the total family unit of 125% to convince the government that they could collect from the sponsor if they needed to. NOTHING says the visa recipient is going to live at any certain income level. The OP claims to have their own business and "too many bills" which implies the need to downsize. Many people in the US over extend themselves and it actually causes many marriages to fall apart over the stress of the bills. Even if the OP sued the sponor the sponor could request that the OP liquidate their assets first and then they would make up the difference. No court of law is going to force someone to pay up for another adults bad spending habits. A good dovorce lawyer and a debt consuling service are probably the best thing for the OP.

    OP? What is this the Andy Griffin show? Like I said bring it to court and tell the judge about it. The court will decide.

  11. You can sue and hold them liable. Remember they are supposed to provide financial support for you to live 125% above poverty level if they don't then it's fraud signing an affidavit to say they would. Bring it to any court and tell the judge this. You will probably have to use an attorney and have the case heard in that local court. You should try and sue for either monthly payments or a lump sum for your estimated time left here in the states as a permanent resident or your estimate of becoming a U.S. citizen if that's possible for you. Let us know what u find out.

  12. Are you trying to go through an attorney? It would be quicker if you do this yourself. If your circumstances are an emergency tell the embassy. Find out how many filers this embassy usually processes per month. If they process a large amount per month then expect a delay. There might be info on this here on VJ.

    First of all you need to find out who the approved doctors are and find one close to you. Go to the embassy website or call them about a list of approved doctors for the medical exams. Schedule your medical exam now don't wait, the medical exam results should be valid for six months. Find out if they want an xray also, the approved doctor should know all this and should have all the forms and will give you any needed vaccines. Remember Do NOT open any sealed medical exam results until you get to the embassy interview and the consular asks for the medical results.

    If you take care of the medical exam now then you will not have to take the time to do it when the embassy tells you. Some doctors offices might be very busy and unable to schedule your exam quickly so do it now. Usually the embassy won't schedule an interview until you contact them and let them know you have completed the exam.

    Make sure you are getting all your originals ready for the interview. All of them, birth certificates, divorce decrees from both of you, marriage certificates if it applies to you, and anything they request when the embassy contacts you for the interview. Remember if anything has changed financially since sending your documents to NVC then expect a delay by the consular to review it.

    Depending on how busy that embassy is and how many they have working there, August could be possible but I don't think anyone at the embassy will tell you that.

    Good luck!

    You should find out from the embassy first, if you are allowed to get your medical exam completed ahead of time. Make sure you know.

  13. Are you trying to go through an attorney? It would be quicker if you do this yourself. If your circumstances are an emergency tell the embassy. Find out how many filers this embassy usually processes per month. If they process a large amount per month then expect a delay. There might be info on this here on VJ.

    First of all you need to find out who the approved doctors are and find one close to you. Go to the embassy website or call them about a list of approved doctors for the medical exams. Schedule your medical exam now don't wait, the medical exam results should be valid for six months. Find out if they want an xray also, the approved doctor should know all this and should have all the forms and will give you any needed vaccines. Remember Do NOT open any sealed medical exam results until you get to the embassy interview and the consular asks for the medical results.

    If you take care of the medical exam now then you will not have to take the time to do it when the embassy tells you. Some doctors offices might be very busy and unable to schedule your exam quickly so do it now. Usually the embassy won't schedule an interview until you contact them and let them know you have completed the exam.

    Make sure you are getting all your originals ready for the interview. All of them, birth certificates, divorce decrees from both of you, marriage certificates if it applies to you, and anything they request when the embassy contacts you for the interview. Remember if anything has changed financially since sending your documents to NVC then expect a delay by the consular to review it.

    Depending on how busy that embassy is and how many they have working there, August could be possible but I don't think anyone at the embassy will tell you that.

    Good luck!

  14. 1> This is my 1st marriage, so does my hubby.

    2> I have been working in same clinic since 2003 to present, and I pay for same accountant to do my tax for more than

    10 years. I claim as single on all tax files( because my accountant told me that my hubby is not in USA,and we were married on 5-14-2010, so no need to put him into 2010 tax.

    3> I attached my 3 most recent tax returns(2008, 2009, and 2010) with I-864 and papers they requested. But those tax copies, i didnt get it from IRS( tax return transcripts). I made copies from what accountant gave it to me after i filed tax every year in his office, it included W2 and 1040 for 3 years of tax return.That is why i thought I didnt need it from IRS.

    4> after the formal interview, my hubby asked the IO that does he need another oral interview in future? The answer is NO NEED, you passed the interview. So I and my hubby think that is still a good news to us, as long as we send back what material they were asking for from the blue sheet, i guess we will be getting the pink sheet in future soon.

    5>When my hubby went to their servicing window about what material we should send back, a lady told him not nicely, and said everything is listed on the green sheet, you just follow the instruction to complete. and plush China GuangZhou's consulate doesn't offer phone call service for costumers. So we just do whatever they requested, and send 3 years of tax return with the original blue sheet to them. See if they will approve his visa soon. But IRS says tax returns will take up to 60 days ,so all we can do now is waiting.

    So were you approved at the NVC for the I864? I still do not understand this.

  15. You must have sent copies of your tax returns to the NVC right? I'm confused again, I thought the NVC determined and approved the financial support for sponsoring the immigrant and they would have already approved everything if it was sent to the consulate. The I-864. Copies of the transcripts of your tax returns should be good enough.

    :o There is a reason that they would want actual copies though. A previous marriage, and you filed jointly on your tax return. The transcript copies will NOT show your individual income, only the combined income of you and your ex spouse. So it's possible that your ex spouse earned most if not all the money. A sharp consulate will spot this and request actual copies of the returns to verify your income that only you made separate from your ex spouse, however, it should have been noticed at the NVC. If you were not married before then their is probably another issue or mis communication is going on. I would call the consulate and ask them exactly what the problem is and exactly what is needed and DON'T have an attorney call them for you, call yourself.

  16. If you've been cleared at the nvc and your support from sponsors are all good then it shouldn't be a problem but, the consulate might hold up the case for further review because of it. And, there has been an issue lately with consulates refusing because they claim that new evidence is being introduced and that they will need more time to review it, a vague verbal conversation and a vague amount of time it will take is exchanged without any paperwork. Are you using an attorney? Hope not.

    Go to the interview and leave out this stuff but have it with you to give to them only if they ask for it. They ask for things they don't see in front of them that are important to them. If they don't ask for anything then don't worry about it. During our interview 90 percent of the things that I brought were never either looked at or asked for. It's all about proving sponsorship. Make sure it's very clear and solid. That said, if you do give them this pay stub, the consulate will have to make a decision to accept it or not. If not, they will ask for more info or more time to review it. If you present it to them make sure you get that letter notarized and write your own letter describing what happened and sign off on it that you swear that it's all true. Try to think like the consulate, would you accept it or not?

    hope this helps

  17. I'm just curious. Are u going thru an attorney? From my experience they can really make a total mess of things. Also if you both are adding anything new to support your case, then they will need to review the new material. The job you just started probably should have been left out unless you are depending on this with the combined income of the other sponsor. A question to ask at that time would be can you leave the passport with them. These delays are usually about money for support, either they don't understand and need to ask someone or they need to verify something.

    Keep calling the embassy and keep emailing them until you get a clear answer because you at least deserve a clear answer. Eventually they'll want you off their backs and they'll look it up and talk to you.

    Never give up.

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