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pushbrk

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pushbrk last won the day on February 22

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  • 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.    Dashinka reacted to a post in a topic: Friend was scammed. Is there recourse?
  2.    pushbrk reacted to a post in a topic: Friend was scammed. Is there recourse?
  3.    Boiler reacted to a post in a topic: Friend was scammed. Is there recourse?
  4.    Aquabac reacted to a post in a topic: Friend was scammed. Is there recourse?
  5. pushbrk
    No, not really any kind of recourse at all. Unfortunately scamming foreigners is an actual industry in many countries including the Philippines.
  6.    Franklocks2000 reacted to a post in a topic: Form I-797C
  7.    Edward and Jaycel reacted to a post in a topic: Form I-797C
  8. pushbrk
    It seems your Filipino attorney did not consider the US Immigration part of the equation.
  9.    Robert888 reacted to a post in a topic: Is this possible?
  10.    TBoneTX reacted to a post in a topic: Is this possible?
  11.    TBoneTX reacted to a post in a topic: Form I-797C
  12.    Crazy Cat reacted to a post in a topic: Form I-797C
  13. pushbrk
    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.
  14. pushbrk
    Start with the guides and personal study of the I-129F form and its separate instructions. We are here to answer remaining questions.
  15. pushbrk
    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.
  16.    TBoneTX reacted to a post in a topic: Is this possible?
  17. pushbrk
    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.
  18. pushbrk
    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.
  19. pushbrk
    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.
  20.    pushbrk reacted to a post in a topic: previous hospitalization- k1 visa- mental health-
  21. pushbrk
    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.
  22. pushbrk
    It's good you have a qualified joint sponsor, but your own affidavit must be accurate as possible. Your 2024 income is not your "current income". Yes, it's the number to enter in the tax section but not the number for current annual income you are using to qualify. My advice is to have a plan for how many pay periods you will be working during the 12 months starting the day you sign your updated I-864, and calculate what that income would be. The only difference in that formula and the standard one is that you will multiply the gross income by a smaller number. These two obvious mistakes in your first affidavit (current income and not counting your child in the household) indicate to me you failed to study and follow the I-864 instructions. If you didn't follow them, chances are your joint sponsor didn't either. Time to become an A-Student of those instructions, and redo and re-submit both affidavits and their updated supporting documentation.
  23. pushbrk
    While the above is the normal formula, the OP says he is not expecting to work the full year. He also already filed an I-864 and must have stated a current income. Knowing how he did it already would be helpful. I expect he also has some sort of plan as to how many pay periods he actually expects to work during the next twelve months. There is no magic answer to his question without further information.
  24. pushbrk
    So, how did you determine what to enter as your current income? You already submitted an I-864.
  25. pushbrk
    Are you self employed or employed? Details matter in answering this question. The unmarried child under 21 is counted in the household whether you support them or not.
  26. pushbrk
    If she has full custody in the divorce decree, that is usually sufficient to avoid the need for consent. Court ordered full custody is very powerful. Absent that, get it or pay him off. Be aware that for him to "consent" it really means he may never see the child again. He cannot force the child or child's mother to arrange visits to Mexico, and he may never be able to get a visa to visit the USA.
  27.    pushbrk reacted to a post in a topic: K-2 Consent Issue
  28. pushbrk
    It is not required at this stage, but you can upload additional documentation to CEAC before you are Document Qualified. Not a lot of marriage fraud out of Canada though, so not really critical considering what you submitted already with the petition.
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