Big Changes and Questions for IR1 (merged topics)

[PIRuby 9]

This is Ruby's mother in law as I take care of all legal stuff for Joe and Ruby.  They applied with I129F in Feb 2012 and received NOA 2 August 2012. At that point Ruby decided she was not ready and they just just ignored the NOA2.  They were later married in a Church wedding but did not do the legal papers.  In December 2019 they were legally married by a judge, no license was needed due to statements of cohabitation over 5 years. My son works in Afghanistan and usually takes his R&R with family in Subic.  His legal residence is his house in Pensacola, Florida.  So NOW:

 

We are getting ready to apply with I 130s for Ruby and 5 kids.  First, 2 birth certificates of 2 kids have to be corrected as her name was listed as her nickname by the midwife and not her legal name.  Rubylyn  vs Ma. Ruby.  I am assuming this must be corrected first, or would some kind of affidavit stating she is the same person work? 

 

Next question, Affidavit of support, do we send this with the I 130s and take a copy to the interview, or how does that work for immigrant visas?

 

Next, Ruby was framed and arrested for selling drugs, the cops knew she had an American husband and were demanding bribes which she refused to pay. She was found guilty, got life and then we brought in a decent lawyer a  retired judge actually.  The case was sent to other judges to review and after 2 years in a hell hole, she was found innocent and the case was basically kicked out.  When she did her police check, forgot what it is called, it no longer showed up.  i TOLD HER SHE STILL HAS TO TELL THEM ABOUT IT AND TAKE THE COURT PAPERS SHOWING INNOCENT STATUS with her.  (sorry caps locked).

 

Will all 5 kids go to the interview with her or will they give them separate dates, hope not, it gets expensive.

 

Thank You Everyone

Patricia, Ruby's MIL

[JeanneAdil 6,405]

Married December 2019 so CR 1 unless she comes after December 2021 

 

next?? are the kids the from the USC your son ? or were they hers alone?

If not products of the USC,  they need an application for each

if he is the father,  need to do the process for their US citizenship

 

she needs to report the arrest on application and get court papers showing innocent (disposition  of the case)

[PIRuby 9]

This is Ruby's MIL again.  2 out of 5 children have Ruby's name as Rubylyn a nickname instead of the legal name of Ma. Ruby.  I know this can be corrected but not sure how, do not understand the affidavit thing.  Has anyone done this, how long did it take.

 

Is it possible to use the BC's with the nickname for immigration, how?

[PIRuby 9]

OK yes CR 1 sorry.  The kids are all hers, so they are step children.  Yes, so I was correct about obtaining the disposition papers.

 

What about Affidavits of support, do we send with I 130?

[PIRuby 9]

This is Ruby's MIL again.  2 out of 5 children have Ruby's name as Rubylyn a nickname instead of the legal name of Ma. Ruby.  I know this can be corrected but not sure how, do not understand the affidavit thing.  Has anyone done this, how long did it take.

 

Is it possible to use the BC's with the nickname for immigration's I 130 and at Manila interview, how?

[PIRuby 9]

This is Ruby's mother in law as I take care of all legal stuff for Joe and Ruby.  They applied with I129F in Feb 2012 and received NOA 2 August 2012. At that point Ruby decided she was not ready and they just just ignored the NOA2.  They were later married in a Church wedding but did not do the legal papers.  In December 2019 they were legally married by a judge, no license was needed due to statements of cohabitation over 5 years. My son works in Afghanistan and usually takes his R&R with family in Subic.  His legal residence is his house in Pensacola, Florida.  So NOW:

 

We are getting ready to apply with I 130s for Ruby and 5 kids.  First, 2 birth certificates of 2 kids have to be corrected as her name was listed as her nickname by the midwife and not her legal name.  Rubylyn  vs Ma. Ruby.  I am assuming this must be corrected first, or would some kind of affidavit stating she is the same person work? 

 

Next question, Affidavit of support, do we send this with the I 130s and take a copy to the interview, or how does that work for immigrant visas?

 

Next, Ruby was framed and arrested for selling drugs, the cops knew she had an American husband and were demanding bribes which she refused to pay. She was found guilty, got life and then we brought in a decent lawyer a  retired judge actually.  The case was sent to other judges to review and after 2 years in a hell hole, she was found innocent and the case was basically kicked out.  When she did her police check, forgot what it is called, it no longer showed up.  i TOLD HER SHE STILL HAS TO TELL THEM ABOUT IT AND TAKE THE COURT PAPERS SHOWING INNOCENT STATUS with her.  (sorry caps locked).

 

Will all 5 kids go to the interview with her or will they give them separate dates, hope not, it gets expensive.

 

Thank You Everyone

Patricia, Ruby's MIL

[K1visaHopeful 2,776]

3 hours ago, PIRuby said:

 

What about Affidavits of support, do we send with I 130?

No those come later at the NVC stage.

[geowrian 22,337]

1 hour ago, PIRuby said:

Next question, Affidavit of support, do we send this with the I 130s and take a copy to the interview, or how does that work for immigrant visas?

The I-864s are provided at the NVC stage (after I-130 approval).

 

Quote

Next, Ruby was framed and arrested for selling drugs, the cops knew she had an American husband and were demanding bribes which she refused to pay. She was found guilty, got life and then we brought in a decent lawyer a  retired judge actually.  The case was sent to other judges to review and after 2 years in a hell hole, she was found innocent and the case was basically kicked out.  When she did her police check, forgot what it is called, it no longer showed up.  i TOLD HER SHE STILL HAS TO TELL THEM ABOUT IT AND TAKE THE COURT PAPERS SHOWING INNOCENT STATUS with her.  (sorry caps locked).

Yes, it must be disclosed. She should provide documents showing the charges, dissolution, etc. Given the complexity of this, it may be best to use an immigration attorney to best advise on how to proceed.

Being later found innocent is good, but the bar for a conviction for immigration purposes is different. Seek professional assistance.

 

Quote

Will all 5 kids go to the interview with her or will they give them separate dates, hope not, it gets expensive.

They can generally be scheduled together.

Process the documents at NVC together - don't just proceed once the first I-130 is approved and sent to NVC. Wait for them all to be approved and do them together. This will also save some money as the I-864 review fee will only need to be paid once.

Edited January 19, 2020 by geowrian

[Ontarkie 14,174]

~~Mived to IR1/CR1 Process and Procedures, from AOS Family K1/K3~~

[pushbrk 12,693]

4 hours ago, PIRuby said:

 

What about Affidavits of support, do we send with I 130?

It will be very helpful and actually critical that you become an A-Student of the I-130 "instructions".  They will tell you what to send with the petition.  You'll have a year or so to learn all about affidavits of support.

[pushbrk 12,693]

1 hour ago, PIRuby said:

This is Ruby's MIL again.  2 out of 5 children have Ruby's name as Rubylyn a nickname instead of the legal name of Ma. Ruby.  I know this can be corrected but not sure how, do not understand the affidavit thing.  Has anyone done this, how long did it take.

 

Is it possible to use the BC's with the nickname for immigration's I 130 and at Manila interview, how?

You need correct birth certificates for all intending immigrants. Ma. Ruby will need to deal with this directly with the Philippine Statistics Authority office near her residence.

[Ryan H 3,810]

~~~Similar topics merged; please ask all questions you have about the process in this thread instead of starting new threads for each question.~~~

[Boiler 45,032]

The Drugs aspect is likely to be the biggest issue, and of course domicile.

[PIRuby 9]

Boiler, Yes the drugs thing is my biggest concern, but it no longer shows on her NBI, and she has court papers showing the judge dismissed the case as not guilty.  What do you mean by domicile being a problem?  My son owns his house in Florida where they will go to live.

[Boiler 45,032]

Drugs is a reason to believe, sounds like he has not been back to the US for sometime?