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Filed: K-1 Visa Country: Philippines
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Verbosity Warning! (Leave now if you don’t like long-winded posts)

 

If I were the adjudicator, your case would cause me to wonder.  Please note that I am not judging you in any way or making accusations but a story will show you how the adjudicator who reviews your case might think:

 

Around 2010 I struck up an online relationship with a woman who lived in Northern Mindanao, Philippines.  We chatted on and off for a week or so and one day she came right out and asked me: “I have an Aunt that wants to come to America to work in a cannery in Alaska with her relatives.  She is willing to pay you $4,000 US.”  She went on and explained that I could marry this woman and then she would be gone and after some time we could divorce and I could keep the money.  This is a true story.  I explained that was illegal and I would never do that and never talked to her again.  I also promptly filed an online complaint with all pertinent data at ICE.gov (US Immigrations & Customs Enforcement.).  ICE never contacted me.  Whether this case was investigated or not, I do not know, but I hope that it was.

 

That this occurred to me says that it occurs and USCIS knows this.  In this case a woman was willing to pay to come to America.  The women told me that her relatives had also done this.  Therefore, I would advise you to proceed very carefully and get what you need in order to absolutely prove your case.

 

Your husband is on SSD.  You either file taxes or do not.  If you do file you would file as “married-joint.”  It would be a huge red flag if your husband had filed as single.  It would not be a red flag if he had not filed at all and was delinquent.

 

That you live entirely of-the-grid is amazing, double thumbs up.  It can be done and is done but very rarely.  Loren Y pointed out most that use solar power are still connected to the grid.  It is possible to be unconnected.  Generally, it is not cheap.  I would suggest that you prove this with photos of your set-up (inverter, collector units on the house, battery storage, etc.) to remove doubts.

 

Even if you do not file taxes, you are required to have health insurance.  Do you, or does your family have health insurance.? That would give solid data as to where and who you live with.  Having children without health insurance may be construed as a negative thing.

 

Are your children school age?  Utilize the school records, get record of communication between mom and teachers?   Do you go to church, or social gatherings?  Get signed (preferably notarized) letters attesting to the fact that they (priest/teachers/school officials even neighbors) have known you, the husband and the kids. Have your kids been immunized, get copies of your medical records, they will show your family status.  Ask for a copy of your medical history and hubbie's as well as te kids for they will prove status.  A medical cover sheet is enough and you can black out sensitive information.

 

As Orangesapples stated: “Having kids and taking care of them together is the strongest evidence there is.  I will agree with this as long as you show solid evidence that you and your husband care for the children together.

 

As for credit: If his credit is terrible having a savings account together will not hurt you.  I suggest that you do not have him put you on a credit card that has problems.  I do suggest that you (just you) try to get a store credit card, many are very easy to get.  Then buy some stuff monthly, even $10 and pay it off each month—in one year you’ll start getting VISA credit card offers.  The credit machine wants to see reliability and buying $10 each month and then paying it off for a year shows that.

 

I see that you attained a BS in Nursing from the Phils, consider doing a LNA or CNA (Nurse Assistant) class.  In many states classes are free or will reimburse you making the cost zero.  You can have a job the day you get your LNA license and most employers will pay for the classes you need for an ADN (Associates Degree in Nursing) then your income will jump from $~26,000 to over $40,000 if you worked full time.  Your credit score would soar.  You’d glide through an ADN program because you know all that stuff—just a thought from one nurse to another.

 

I hope that there is something helpful here and wish you all the best.

Edited by Balamban
The system smooshed everything togethere...ugh
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For reference, USCIS won’t care about filing taxes as MFJ or MFS. That’s a decision based on each individual’s or couple’s tax circumstances, not a relationship one. Just don’t file as single.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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35 minutes ago, geowrian said:

For reference, USCIS won’t care about filing taxes as MFJ or MFS. That’s a decision based on each individual’s or couple’s tax circumstances, not a relationship one. Just don’t file as single.

 

Correct, a lot of people don't realize there's a distinction between Married Filing Separately and Single. There is, a big one. If you're married by law you legally have to file as MFJ or MFS. My wife and I filed MFS for this tax year and as Geowrian says, USCIS don't care about MFS/MFJ. They do however care about filing as Single when you're married. 

"Let us not seek the Republican answer or the Democratic answer, but the right answer. Let us not seek to fix the blame for the past. Let us accept our own responsibility for the future." - John F. Kennedy

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Filed: AOS (pnd) Country: Philippines
Timeline
Just now, Balamban said:

Verbosity Warning! (Leave now if you don’t like long-winded posts)

 

If I were the adjudicator, your case would cause me to wonder.  Please note that I am not judging you in any way or making accusations but a story will show you how the adjudicator who reviews your case might think:

 

Around 2010 I struck up an online relationship with a woman who lived in Northern Mindanao, Philippines.  We chatted on and off for a week or so and one day she came right out and asked me: “I have an Aunt that wants to come to America to work in a cannery in Alaska with her relatives.  She is willing to pay you $4,000 US.”  She went on and explained that I could marry this woman and then she would be gone and after some time we could divorce and I could keep the money.  This is a true story.  I explained that was illegal and I would never do that and never talked to her again.  I also promptly filed an online complaint with all pertinent data at ICE.gov (US Immigrations & Customs Enforcement.).  ICE never contacted me.  Whether this case was investigated or not, I do not know, but I hope that it was.

 

That this occurred to me says that it occurs and USCIS knows this.  In this case a woman was willing to pay to come to America.  The women told me that her relatives had also done this.  Therefore, I would advise you to proceed very carefully and get what you need in order to absolutely prove your case.

 

Your husband is on SSD.  You either file taxes or do not.  If you do file you would file as “married-joint.”  It would be a huge red flag if your husband had filed as single.  It would not be a red flag if he had not filed at all and was delinquent.

 

That you live entirely of-the-grid is amazing, double thumbs up.  It can be done and is done but very rarely.  Loren Y pointed out most that use solar power are still connected to the grid.  It is possible to be unconnected.  Generally, it is not cheap.  I would suggest that you prove this with photos of your set-up (inverter, collector units on the house, battery storage, etc.) to remove doubts.

 

Even if you do not file taxes, you are required to have health insurance.  Do you, or does your family have health insurance.? That would give solid data as to where and who you live with.  Having children without health insurance may be construed as a negative thing.

 

Are your children school age?  Utilize the school records, get record of communication between mom and teachers?   Do you go to church, or social gatherings?  Get signed (preferably notarized) letters attesting to the fact that they (priest/teachers/school officials even neighbors) have known you, the husband and the kids. Have your kids been immunized, get copies of your medical records, they will show your family status.  Ask for a copy of your medical history and hubbie's as well as te kids for they will prove status.  A medical cover sheet is enough and you can black out sensitive information.

 

As Orangesapples stated: “Having kids and taking care of them together is the strongest evidence there is.  I will agree with this as long as you show solid evidence that you and your husband care for the children together.

 

As for credit: If his credit is terrible having a savings account together will not hurt you.  I suggest that you do not have him put you on a credit card that has problems.  I do suggest that you (just you) try to get a store credit card, many are very easy to get.  Then buy some stuff monthly, even $10 and pay it off each month—in one year you’ll start getting VISA credit card offers.  The credit machine wants to see reliability and buying $10 each month and then paying it off for a year shows that.

 

I see that you attained a BS in Nursing from the Phils, consider doing a LNA or CNA (Nurse Assistant) class.  In many states classes are free or will reimburse you making the cost zero.  You can have a job the day you get your LNA license and most employers will pay for the classes you need for an ADN (Associates Degree in Nursing) then your income will jump from $~26,000 to over $40,000 if you worked full time.  Your credit score would soar.  You’d glide through an ADN program because you know all that stuff—just a thought from one nurse to another.

 

I hope that there is something helpful here and wish you all the best.

Thank you for the long but great opinions and advice.

 

Believe me, I have heard a lot of stories like that from the Philippines.

 

1. No, since being eligible on SSDI, he has not filed any taxes and isn't required to do so.

 

 

2. We are completely of-the-grid. Solar powers, no meters, no bills, nothing. To tell you honestly I had no idea about solar powers before I came here. But it is possible, since that's what we've been using for the past 4 years I've been here. I would try to take photos of this set-up like you said and it might help as proof.

 

3. Yes, we do have health insurance. All the four of us. I probably get that in papers too as proof.

 

4. They are not school-age but yes, the doctors, dentist, pediatrician know my hubby and I as a couple and family and I can get records from them as well.

 

5. We plan on going back to the bank tomorrow and have them put me in his savings account as well and if they tell us otherwise, I'll put a fight this time for sure.

 

6. I am in the process of taking my exam to be a registered nurse and pharmacy tech and hopefully get a job soon before the interview so I can get credit cards as well and help my husband build his credit.

 

Again, thank you so much for the helpful opinion and ideas. Have a great day.

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