Case process at NATIONAL BENEFITS CENTER?

[VanessaTony 3,567]

http://www.uscis.gov/files/form/i-864.pdf

Who Completes and Signs Form I-864?

A sponsor completes and signs Form I-864. A sponsor isrequired to be at least 18 years old and domiciled in theUnited States, or its territories or possessions (see Step-by-step Instructions for more information on domicile). Thepetitioning sponsor must sign and complete Form I-864, evenif a joint sponsor also submits an I-864 to meet the incomerequirement. The list below identifies who must becomesponsors by completing and signing a Form I-864.

The U.S. citizen or lawful permanent resident who filed aForm I-130 for a family member.

Previous poster, please do not give false information.]

Okay here's the deal.

To be a sponsor/co-sponsor/joint-sponsor you need to show a few things (as per instructions here: http://www.uscis.gov/files/form/i-864.pdf ):

1. That you're over 18 - page 2, section "Who Completes and Signs Form I-864?" - to prove this you could include either passport, birth certificate or naturalisation certificate

2. That you have a SSN - page 6, number 18 - you simply write this in. Nowhere does it ask you to prove you have a SSN by photocopying the card

3. That you're domiciled in the US - page 5, number 15 - Please note that NOWHERE in the instructions does it state how you are to prove this because you don't have to. You simply write your address in the form. If your address is outside of the US then they ask you to prove how you're still meeting the "domicile" requirements or how you plan to re-establish domicile.

4. That you're either a USC or an LPR - page 6, number 19 - For this reason they ask for either naturalisation certificate, birth certificate, passport, or greencard copies.

5. Income etc...

The person you are asking to "stop spreading false information" is actually accurate (though probably didn't word it the best). Domicile, while important, isn't the issue at hand. Proving residency and age are what are important, because you don't have to "prove" domicile at all. If you think i'm wrong, please feel free to show me where in the instructions or the check-list it mentions "don't forget to include something with your current address on it". My husband didn't have to at the K1 stage, so I don't see why a co-sponsor would have to now.

Edited October 3, 2010 by Vanessa&Tony

[VanessaTony 3,567]

Thank you dear yes my husband applied to adjust his status after marriage, we send all the check list but they refuse the sponsor and requested to send another one and we did, but they ask for sponsor passport copy and the man he lost his PP, thats why i was affraid they will send a request for evidence again and the case will take more time

The passport was to prove his USC status. Is your new co-sponsor a USC? Or an LPR? Did you send in his birth certificate? Naturalisation certificate? photocopy of greencard? What did you send to prove he is eligible to sponsor you?

[sofianiami 0]

I did include his A # and a letter send from USCIS that they approved his case regarding his citizenship which it was like 6 years ago, plus ID & S.S., & license of his 2 liquor stores in LA under his name, & prove of ownership for the house he is living in, 1 year of bank account statements, & tax return copy for 3 years.

I send them every thing they requested, but the only thing missing his passport copy, because he lost it and I don't have enough time to go with him and make new one.

[sofianiami 0]

We ve been living in hill all this waiting time almost 8 months since my hus entered USA with K1 visa, all because of the sponsor, ...... when we submitted the case in Jordan, his Uncle sponsor him they approved him and according to that he entered US, but I don't know why they asked for a sponsor now with the green card again, his uncle refused to do it again because of some family problem.

My question why they asked again for a sponsor while they have his package when he entered US including his approved sponsor?

If you read in here http://travel.state.gov/visa/immigrants/info/info_3183.html#10

Expiration of the I-864

Will the I-864 I submitted expire if my relative's interview is delayed for any reason?

No, the validity of the I-864, I-864 EZ, or I-864A is considered indefinite; beginning from the date the sponsor files it with the National Visa Center, the U.S. embassy or consulate.

Do you know any idea about this?

My mistake i did not make a copy of the first sponsorship

Edited October 3, 2010 by sofianiami

[LotofPatience 65]

Inline responses

Loto

Okay here's the deal.

To be a sponsor/co-sponsor/joint-sponsor you need to show a few things (as per instructions here: http://www.uscis.gov.../form/i-864.pdf ):

1. That you're over 18 - page 2, section "Who Completes and Signs Form I-864?" - to prove this you could include either passport, birth certificate or naturalisation certificate

This is correct

2. That you have a SSN - page 6, number 18 - you simply write this in. Nowhere does it ask you to prove you have a SSN by photocopying the card

This is correct

3. That you're domiciled in the US - page 5, number 15 - Please note that NOWHERE in the instructions does it state how you are to prove this because you don't have to. You simply write your address in the form. If your address is outside of the US then they ask you to prove how you're still meeting the "domicile" requirements or how you plan to re-establish domicile.

This is wrong: Check it here: http://travel.state.gov/visa/immigrants/info/info_3183.html#2

The OP has to produce the documents that meet - A sponsor must be at least 18 years old and either an American citizen or a lawful permanent resident (LPR). The sponsor must also have a domicile (residence) in the United States. It can be passport copy as in the RFE.

4. That you're either a USC or an LPR - page 6, number 19 - For this reason they ask for either naturalisation certificate, birth certificate, passport, or greencard copies.

This is correct

5. Income etc...

This is correct too

The person you are asking to "stop spreading false information" is actually accurate (though probably didn't word it the best). Domicile, while important, isn't the issue at hand. Proving residency and age are what are important, because you don't have to "prove" domicile at all. If you think i'm wrong, please feel free to show me where in the instructions or the check-list it mentions "don't forget to include something with your current address on it". My husband didn't have to at the K1 stage, so I don't see why a co-sponsor would have to now.

[LotofPatience 65]

And Loto, you give out false information all the time... I saw you the other day suggesting to someone that they had a choice to go for K-3, not to mention another famous instance.

Harpa,

I will give you full respect if you stop criticizing me. Everybody knows that K3 is dead. If you dig all my past posts, I have told it to everybody so many times that do only IR1/CR1. Personally, I have not filed I-129F to pursue K3 path, ok.

The poster in that case wanted to file I-129F. So, I told him to do that, if he wishes.

If you look at the NVC instructions, K3 will be administratively closed if both I-130 and I-129F are approved at the same time. If I-129F is approved before I-130, NVC will continue the I-129F path, ok.

http://travel.state.gov/visa/immigrants/types/types_2993.html#4

Having said this, I am not a fan of K3 path still. That's why I didn't file I-129F.

Just focus on ALL my positive posts, rather than some weak posts and concentrating on my weak posts to try to oversmart.

Loto

[sofianiami 0]

I did not receive any answer yet, and I want to leave the country and go to live with my family outside USA due to bad financial situation I have here, & my husband will be waiting here until he receive his green card and find a job.

Do they need me to be inside USA or attend an interview with him?

Please help

[LotofPatience 65]

I did not receive any answer yet, and I want to leave the country and go to live with my family outside USA due to bad financial situation I have here, & my husband will be waiting here until he receive his green card and find a job.

Do they need me to be inside USA or attend an interview with him?

Please help

Sorry to hear it sofianiami!

To get some outcome on your case might take some time. Produce all the documents requested by the USCIS to speed up the things. It would be good if the co-sponsor can re-apply his lost passport and produce that as well. Immigration status and domicile of the co-sponsor and the main sponsor is important.

Loto

[VanessaTony 3,567]

Inline responses

Loto

Loto again, you're missing the point on domicile. You DO NOT have to provide PROOF of domicile. You simply need to write it in. Drivers licence is irrelevant. You don't need to provide ANYTHING to show your address in the US in order to prove you live there. You need to show tax documents of course, but not confirmation of address.

There is no doubt that domicile is of course important but your answer to this question was to show a drivers licence to prove domicile, which is incorrect because there is no need for this proof. The link you posted did not state evidence was needed. NONE of the links you've posted, or I've posted list "prove your domicile" ANYWHERE, because you don't have to.

I did include his A # and a letter send from USCIS that they approved his case regarding his citizenship which it was like 6 years ago, plus ID & S.S., & license of his 2 liquor stores in LA under his name, & prove of ownership for the house he is living in, 1 year of bank account statements, & tax return copy for 3 years.

I send them every thing they requested, but the only thing missing his passport copy, because he lost it and I don't have enough time to go with him and make new one.

Sorry, it seems like you'll get another RFE because you didn't send in a copy of his naturalisation certificate, or passport, or greencard to prove is status, which is VERY important. Hopefully they'll let it slide because you provided his A number, but just in case they don't, you should obtain a copy of his naturalisation certificate (passport will take weeks).

Loto -- you have not done AOS from a K1. I know your have some immigration experience with a CR-1/IR-1 visa but you have none with the AOS from a K1. While I'm sure people appreciate your assistance, your incorrect advice that domicile is needed to be proved just makes things confusing for people trying to do this. Not only have I successfully AOS'd (from a K1 and most definitely without proving domicile) but I also have written a guide about it by reading every piece of information on it. NOWHERE is proof of domicile required. Please re-read the instructions which state ONLY if you aren't domiciled in the US, and write a non-US address on the I-864 are you required to prove how you are re-establishing domicile or how you didn't abandon it.

Edited October 4, 2010 by Vanessa&Tony

[VanessaTony 3,567]

I did not receive any answer yet, and I want to leave the country and go to live with my family outside USA due to bad financial situation I have here, & my husband will be waiting here until he receive his green card and find a job.

Do they need me to be inside USA or attend an interview with him?

Please help

Yes they will need you to attend the interview if he is called for one. He might not be called but he also might. You can leave the US if you like, but you will need to fly back for the interview if he has one.

[Darnell 8,479]

We ve been living in hill all this waiting time almost 8 months since my hus entered USA with K1 visa, all because of the sponsor, ...... when we submitted the case in Jordan, his Uncle sponsor him they approved him and according to that he entered US, but I don't know why they asked for a sponsor now with the green card again, his uncle refused to do it again because of some family problem.

My question why they asked again for a sponsor while they have his package when he entered US including his approved sponsor?

If you read in here http://travel.state.gov/visa/immigrants/info/info_3183.html#10

Expiration of the I-864

Will the I-864 I submitted expire if my relative's interview is delayed for any reason?

No, the validity of the I-864, I-864 EZ, or I-864A is considered indefinite; beginning from the date the sponsor files it with the National Visa Center, the U.S. embassy or consulate.

Do you know any idea about this?

My mistake i did not make a copy of the first sponsorship

I have to assume (until you say otherwise)

that

the joint-sponser on the K-1 visa, utilized the I-134 paperwork and NOT the I-864 paperwork.

The I-864 is a legally-binding document, the I-134 is not.

as to 'why to ask for sponser a 2nd time'

sorry, that's just the way it is. K1 visa requirements vs AOS requirements. Two different beasties. I-134 evaluated at the Embassy IV Unit, I-864 evaluated in USA.

Two different processes, 2 different documentation requirements, 2 different sets of stuff.

Emphasis on '2' and 'different', here...

Sure, much of the data on the I-134 can be transposed onto a new I-864 - many ppl with K-1 visas that file the AOS do 'just that', as their co-sponsers didn't change (or if the petitioner is sole sponser) and the DATA didn't change, either. Transposing from I-134 to I-864 is very straightfoward.

Sorry yer having troubles, though.

Good Luck !

Edited October 5, 2010 by Darnell

[sofianiami 0]

another question i hope you can help me with;

Because of our financial situation is really bad and we can not afford to stay in LA any more, either i leave USA with my son, or we leave all me, my son, & husband to live with a friend of my hus in Chicago as he offering a job for him to help our situation.

My question: can my husband fly to Chicago with his passport or he needs to make a California ID? & is it possible for him to get ID with his temporary social security?

Can his case transfer to Chicago?

your answer will be appreciated

Regards

Edited October 7, 2010 by sofianiami

[JimVaPhuong 4,863]

another question i hope you can help me with;

Because of our financial situation is really bad and we can not afford to stay in LA any more, either i leave USA with my son, or we leave all me, my son, & husband to live with a friend of my hus in Chicago as he offering a job for him to help our situation.

My question: can my husband fly to Chicago with his passport or he needs to make a California ID? & is it possible for him to get ID with his temporary social security?

Can his case transfer to Chicago?

your answer will be appreciated

Regards

He cannot get a California ID at this point. He'd need proof of lawful presence, and his I-94 has certainly expired by now. He won't be able to get a California ID until he gets his green card.

His passport is valid ID for domestic travel, as long as it's not expired. Make sure he brings a copy of the I-797C receipt notice for the I-485. There is a remote chance that the TSA document screener will notice his I-94, and ask CBP or ICE to examine his passport. In that case, he'll need the receipt notice to prove his lawful presence.

You take a risk moving in the middle of the AOS process. Obviously, you both need to file a change of address with USCIS, but there have been lots of people who ended up not receiving correspondence from USCIS because the new address is apparently entered into the computer system, but does not necessarily make it into the case file. In this event, if they schedule an interview it will probably be at the LA office. In other words, there's no guarantee they'll move your case to the field office in Chicago.