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Filed: Timeline
Posted

My son's wife has been going through our immigration process for just about a year now. She is from Canada. They got married when he was 19 and she was 20. It has cost them almost $1000.00 and no end in site so far. Neither of them have any criminal record. They have been married for a year and a half and have not seen each other in 10 months. He is living in US and she in Canada. My heart breaks for them. Here they are trying to do things legally and the illegals get it easier. The US Customs will not even let her visit, saying she is a potential flight risk, as she does not have enough ties in Canada. Her whole family is there. If anyone has any suggestions to help this move along faster for them, please respond to this thread.

I believe they have to fill out an I-864 form and prove the last three years of work history. He has not worked for 3 years. His grandparents were going to sign for him, but they have since backed out.

I called and mentioned that they could live with me and my husband would that fulfill the requirements, I was told that only financials were considered. I do not make enough to qualify.

Please if you have any suggestions, they miss each other very much.

Filed: K-1 Visa Country: Canada
Timeline
Posted

There is not much you can do to make it any faster unfortunately. ONly what is required to get the proper visa for her to enter. I"m not sure how to resolve the financial situation. Is it possible for him to get a job? it only needs to be a small salary if you read the guidelines, and assets can be included to prove sources of income. If not, they need to find someone to sponsor her. I'm sorry because I know it must be hard for him. Would he consider going there for awhile? good luck!

oh, also, what cost them $1000? did they already apply for a visa?

I-129F Sent : 2011-01-20

I-129F NOA1 : 2011-01-24

I-129F NOA2 : 2011-06-08

Packet 3 Received : 2011-07-02

Packet 3 Sent : 2011-07-03

Packet 4 Received : 2011-07-21

Interview Date : 2011-08-24

Interview Result :Approved!

POE: 2011-09-12

Married: 2011-09-30

AOS filed: 2011-10-17

NOA1: 2011-10-25

Biometrics Appt: 2011-11-09

Case transferred to CSC: 2011-12-23

EAD approval: 2011-12-28

Husband secretly pulled I-864 thus cancelling I-485 application 2012-05-10

F22zm4.png[/center]

Filed: K-1 Visa Country: Wales
Timeline
Posted

Move to Canada.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: IR-1/CR-1 Visa Country: Honduras
Timeline
Posted

The process will not move forward without submitting I 864 along with sufficient financial records, pretty sure there is no way around that. At the time of filing, I had sufficient income but couldn't show for the past three years, we just had to reach out as far as we could for someone to cosponsor. After that looks like Canada is pretty smooth process, from what I've seen.

My husband has not once been able to visit me, that is common for the process.

Not sure what your beef with 'illegals' is but that's not really the issue here is it? It's your son's lack of financial history and lack of finding cosponsor?

Filed: K-1 Visa Country: Canada
Timeline
Posted

indeed, moving to canada is an option. Much easier process.

I-129F Sent : 2011-01-20

I-129F NOA1 : 2011-01-24

I-129F NOA2 : 2011-06-08

Packet 3 Received : 2011-07-02

Packet 3 Sent : 2011-07-03

Packet 4 Received : 2011-07-21

Interview Date : 2011-08-24

Interview Result :Approved!

POE: 2011-09-12

Married: 2011-09-30

AOS filed: 2011-10-17

NOA1: 2011-10-25

Biometrics Appt: 2011-11-09

Case transferred to CSC: 2011-12-23

EAD approval: 2011-12-28

Husband secretly pulled I-864 thus cancelling I-485 application 2012-05-10

F22zm4.png[/center]

Posted (edited)

If they are balking at $1,000 they need to look at the entire picture. I have spent about $12,000 already since March and there is more to come. Have they seen the entire financial picture? And yes someone needs to have a job. He is 19, is he working? Can he work a second job? Federal minimum wage is $7.25/hr which is $15,080, and he needs to make $18,388. So ne needs about $9 an hour. Can he find that opportunity anywhere?

Edited by Robert&Karen

K-1 Journey

03-03-2011 - Mailed I-129F application.

03-06-2011 - Packet received in Texas.

03-23-2011 - NOA1 received in mail, dated 03-09-2011.

05-31-2011 - RFE requested. They want better passport pictures of me.

06-06-2011 - Additional passport pics sent.

06-08-2011 - Evidence received and acknowledged. Whew!

06-16-2011 - NOA2 received!

07-20-2011 - Packet 3 Received!

08-01-2011 - Packet 3 returned to Embassy.

08-22-2011 - Packet 4 Received!

09-19-2011 - Interview...APPROVED!

09-23-2011 - Visa in Hand

09-29-2011 - POE LAX

11-11-2011 - Wedding at 11:11pm GMT time.

AOS Journey

12-02-2011 - Mailed in AOS/EAD/AP paperwork.

12-05-2011 - Delivery confirmation per USPS.

12-27-2011 - (3) NOA I-797C received, dated 12-20-2011. Biometrics appt set.

01-10-2012 - Biometrics.

01-20-2012 - Notified of interview appointment for 2-21-2012.

01-31-2012 - EAD and AP approved.

02-08-2012 - EAD/AP card received.

02-21-2012 - AOS interview approved. EAD/AP card confiscated.

03-01-2012 - Green Card in hand!!!

364 days total time!

Posted

Anyone they or you know can be a joint sponsor, it doesn't have to be a relative nor be living with them. As long as the Joint Sponsor signs for the I-864 and meets the poverty guideline by him or herself.

They should be good to go.

Good luck to them and I know how it feels missing your love one.

event.png
Our I-129F Journey

7/1/2011.. NOA1 receipt date
7/9/2011.. NOA1 Hard Copy Recieved
11/14/2011.. Approved NOA2 recieved via email/text
11/22/2011.. NVC forwarded Approved I-129F Petition to US Embassy Philippine
11/29/2011.. US Embassy in Manila Recieved our Petition
1/20/2012.. Medical Exam (Passed)
2/28/2012.. Interview! Approved!
3/1/12... CFO counseling Done!
3/7/12.. Visa on hand
3/10/12... POE @ Honolulu, HI.. Yeheeeeeey!
3/31/12... Wedding <3 <3 <3
Adjustment of Status Journey
4/24/12... AOS Mailed
4/30/12... Email/Text received for acknowledgement of AOS & EAD receipt
5/7/12... AOS/EAD NOA1 Hard Copy Received
6/11/12... Biometrics Appointment
6/22/12... 2nd Biometrics appointment scheduled 7/17/12 but walked in in an early date.
6/27/12... Text/Email Received (Card Production for EAD)
7/7/12... EAD Card Received! smile.png Yeheeeeey!

8/13/12... Interview (Approved) email/text received I-485 on card production! smile.png
8/21/12... Green Card on Hand! Yeheeey! Thank God!

Stepson I-130 Petition

12/27/13... Mailed I-130 to Phoenix lockbox via USPS Express Mail

12/31/13... NOA1 Priority Date

1/6/14... Email/Text received for acknowledgement of receipt. LIN****** case number assigned & routed to Nebraska Service Center

1/11/14.. NOA1 Hard copy received

1/17/14... Petition approved! Notification received via email/text (Thank God. 17 days only)/Approved petition mailed to Department of State! Notification via text/email

1/23/14... NOA2 Hardcopy recieved

NVC Stage

1/29/14... NVC received approved petition

3/7/14... Case Number Assigned (MNL**********)

3/11/14... Received AOS bill & Paid AOS/ Submitted DS-261

3/17/14... Mailed AOS Package

3/18/14... Forgot to Sign the I-864A, mailed another form with my signature affixed on I-864A

3/25/14... Recieved/Paid IV fee (Mailed DS-260 additional requirements)

3/27/14... Submitted DS-260 Online

Waiting.... Hopefully no Checklist. :)

4/24/14... Case Complete

6/23/14... Interview date! Huraaaay! APPROVED! More Hurray! :)

Filed: Timeline
Posted (edited)

The process will not move forward without submitting I 864 along with sufficient financial records, pretty sure there is no way around that. At the time of filing, I had sufficient income but couldn't show for the past three years, we just had to reach out as far as we could for someone to cosponsor. After that looks like Canada is pretty smooth process, from what I've seen.

My husband has not once been able to visit me, that is common for the process.

Not sure what your beef with 'illegals' is but that's not really the issue here is it? It's your son's lack of financial history and lack of finding cosponsor?

My beef with the illegals and how our government is dealing with them. This for instance. http://www.latimes.com/news/politics/la-pn-obama-immigration-regulation-20120105,0,2762934.story

My son is doing every thing he can to do this all legally and he cannot be with his wife. From what I am told it is actually easier if the spouse is already here.

Edited by RachelOH
Filed: Timeline
Posted

If they are balking at $1,000 they need to look at the entire picture. I have spent about $12,000 already since March and there is more to come. Have they seen the entire financial picture? And yes someone needs to have a job. He is 19, is he working? Can he work a second job? Federal minimum wage is $7.25/hr which is $15,080, and he needs to make $18,388. So ne needs about $9 an hour. Can he find that opportunity anywhere?

Yes he is working, but does not have a 3 year work history.

There is not much you can do to make it any faster unfortunately. ONly what is required to get the proper visa for her to enter. I"m not sure how to resolve the financial situation. Is it possible for him to get a job? it only needs to be a small salary if you read the guidelines, and assets can be included to prove sources of income. If not, they need to find someone to sponsor her. I'm sorry because I know it must be hard for him. Would he consider going there for awhile? good luck!

oh, also, what cost them $1000? did they already apply for a visa?

He has a job and the money he spent is for all the forms and paperwork he has sent in, in the past year.

Move to Canada.

They want to live in the US.

The process will not move forward without submitting I 864 along with sufficient financial records, pretty sure there is no way around that. At the time of filing, I had sufficient income but couldn't show for the past three years, we just had to reach out as far as we could for someone to cosponsor. After that looks like Canada is pretty smooth process, from what I've seen.

My husband has not once been able to visit me, that is common for the process.

Not sure what your beef with 'illegals' is but that's not really the issue here is it? It's your son's lack of financial history and lack of finding cosponsor?

How long has it been since you have seen your husband? That is just wrong, spouses should be able to visit each other.

Filed: Timeline
Posted (edited)

One of the things I do not understand is why telling the government that they will be living with my husband and I is not sufficient. That combined with his job, seems like it should be more than enough for them to live on.

Edited by RachelOH
Filed: IR-1/CR-1 Visa Country: Honduras
Timeline
Posted (edited)

One of the things I do not understand is why telling the government that they will be living with my husband and I is not sufficient. That combined with his job, seems like it should be more than enough for them to live on.

Basically, the government needs assurance, signed contract, that the intending immigrant will not arrive and immediately begin drawing public benefits (ie foods stamps, vouchers, etc.). And, ideally, they would like to hold someone accountable, who is not in poverty themselves. The person who signs the affidavit of support will technically be held financially responsible for repaying to the US govt the immigrant's public assistance until they have worked so many years, or become a citizen.

The last time I saw my husband was August, our anniversary, I visit him every chance I get.

Edited by amyandjorge
Filed: Timeline
Posted

Basically, the government needs assurance, signed contract, that the intending immigrant will not arrive and immediately begin drawing public benefits (ie foods stamps, vouchers, etc.). And, ideally, they would like to hold someone accountable, who is not in poverty themselves. The person who signs the affidavit of support will technically be held financially responsible for repaying to the US govt the immigrant's public assistance until they have worked so many years, or become a citizen.

The last time I saw my husband was August, our anniversary, I visit him every chance I get.

Just curious, not saying this would happen. What if someone signs for this person and that person does not stay with their spouse. Is the person that signed the document still responsible? Or does the government deport that person?

Filed: IR-1/CR-1 Visa Country: Honduras
Timeline
Posted

The government wont deport that person for leaving their spouse (or vice versa). The sponsor (your son) and/or cosponsor are responsible for the immigrant for about 10 years or until citizenship is attained (possibly sooner). DESPITE their personal relationship with the beneficiary in the future (ie wife, ex-wife). The govt also won't deport the beneficiary for applying/receiving need based assistance.

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

Yes he is working, but does not have a 3 year work history.

Does he make enough for 125% of the poverty level for himself and his wife? $18,387 a year is what he needs for 2 people: http://www.uscis.gov/files/form/i-864p.pdf

Do you mean he does not have 3 years worth of tax transcripts to show with the I-864? If he is currently making enough, it should be sufficient. He would need a letter from his employer stating his position and salary, a few months of his most recent pay stubs and if he has never filed taxes, he should file this year and provide a copy of his 2011 return and W-2s or 1099s. He can write a statement explaining that he did not make enough in the previous 2 years to be legally required to file.

One of the things I do not understand is why telling the government that they will be living with my husband and I is not sufficient. That combined with his job, seems like it should be more than enough for them to live on.

If he does not make enough alone, and you and your husband do not make enough IF he moved in with you, and was living with you in the same house, he could file the I-864 and you or husband could file an I-864A which would combine your income with his to meet the 125% mark. Simply living with you is not enough, but if you were a co-sponsor, that can help him qualify.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Filed: K-1 Visa Country: Wales
Timeline
Posted

I want a Ferrari, but sometimes in life we have to compromise.

Sounds like Canada is the option.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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