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pushbrk

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pushbrk last won the day on February 22

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Profile Information

  • Gender
    Male
  • City
    Dumaguete

Immigration Info

  • Immigration Status
    Other
  • Place benefits filed at
    California Service Center
  • Local Office
    Spokane WA
  • Country
    China
  • Our Story
    The marriage associated with immigration ended after 12 years.

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  1. And that is absolutely correct. The affidavit of support is not just about qualifying. Primarily, it is a contract to repay the US Taxpayer for any public charge benefits the immigrant receives.
  2. That's good. It looks worse if all three are Ukrainian, but not a deal killer. The totality of circumstances comes into play here. They key will be the actual bona fide current relationship and the evidence you have to support that. Evidence of time spent together in person, is the most important.
  3. Possible, yes. Note that your previous history regarding those petitions and beneficiaries are going to be relevant in your new process. Any who currently have green cards are going to count in your household size regarding sponsorship income requirement, and if it appears you are serving as a serial source of US Immigration Benefits, you may have a petition or visa denied. The actual facts matter, but having filed previous petitions is not in and of itself a disqualifier. The I-130 asks about previous petitions and results. You must be accurate and truthful when you answer.
  4. Safer to wait until you are back working, Since you don't know whether you will go back to this job, it is possible but risky to state your current income as the amount you are receiving in short term disability income. Your choice. In my opinion, advising a joint sponsor for responsible and financially capable adults, is just not something I would do unless it is really necessary and the person has easy access to somebody willing to sign that contract and take on the associated obligation. Many of us, are proud of and attached to our adult independence. It's much easier to type the words "joint sponsor" than obtaining and using one is.
  5. You are correct that Boiler's answer is vague. Read mine again. I'll be a bit more specific. Once he is back to work, there is no need to mention a short or two or three month absence from work. Until he is back to work, he is NOT WORKING, and unemployed with no income. That means he will not qualify as your sponsor. He needs to get back to work before completing, signing and submitting the affidavit of support.
  6. Depends on the actual facts on the date he will sign the form. If he is back to work by then, he will state his current income as it will be for the next 12 months. If he is not back to work, he cannot state that he is employed, or that he has any current income to use to qualify as your sponsor.
  7. No, not really any kind of recourse at all. Unfortunately scamming foreigners is an actual industry in many countries including the Philippines.
  8. It seems your Filipino attorney did not consider the US Immigration part of the equation.
  9. Correct. This happens when there is reason to verify your identity relative to some issue that may or may not be relevant to you. Could be somebody with a similar name, or yourself, with a previous immigration related issue. The biometrics will rule you out or in to the relevant concern.
  10. Start with the guides and personal study of the I-129F form and its separate instructions. We are here to answer remaining questions.
  11. I was saying that if your wife had legally adopted her nephew, he would be your stepchild, and could immigrate. He would be your stepchild because he is her legally adopted child. I was not talking about YOU adopting him. The guardianship gets you nothing in terms of his US Immigration. Now that you are married, I don't know that her adoption option still exists. If he is YOUR mutually adopted child, he is not your step child. That immigration route exists, but I'm no expert on it, except that he would need his own petition, just like her natural child. The key issue is that for a step child to immigrate the marriage must occur between you and the legal parent, prior to the child's 18th birthday. Seems that's already done. The problem he is neither her child, your step child, or an adopted child of a US Citizen.
  12. If she had legally adopted him, it would be different. Her situation is fairly common in the Philippines but there is no path for her nephew to immigrate with her.
  13. Then I take it you are seeking to adjust wife's status, not a spouse visa. Is there any actual tangible reason to suspect marriage fraud? If not, don't worry about it.
  14. If you never got a receipt notice with a case number, there would be no way for you to check on the outcome. The I-130 you now want to file will ask if you ever filed a petition for anybody else, and the result. You can answer with the where, who, and when, and indicated you divorced and the result of the petition filing is unknown. You've been asked at least twice already why you mentioned marriage fraud. Why did that even come to your mind to mention. That is the only potential problem I see with the new petition. Another question. Was the former spouse in the USA when you filed? How about the current spouse. In the USA, or what country? What country of citizenship for the former spouse you filed for? These are highly relevant issues. You cannot receive reliable advice here without answering directly.
  15. Click on the word "Guides" at the top of any page here. You will seek a spouse immigrant visa. When she enters the USA, she will become a Lawful Permanent Resident. Three years later, she can apply to be a US Citizen.
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