Help filling out form i-864 for my wife. : (

[pushbrk 12,876]

1 hour ago, CitizenWheelz said:

Thank you so much, an administrative correctiom of the original birth certificate could be the best and right path to go unless it takes a long time. Otherwise I will take the risk and just submit a higher resolution scan document with a letter explaining the situation hopefully they will take. 

 

Other question. I also received the following message from NVC:

 

3: No document requested by NVC but just a quick inbox message by NVC:

The petition you have filed does not allow derivative status for family members. This means that any spouse, unmarried child under age 21, or parent will require his or her own petition to immigrate.

 

-- What do they mean by this? When my wife filled out her DS-260 application, when asked for child, she entered our kid's info but there was a question asking if the child is also immigrating to the US and she answered yes because child is currently living with mom in Peru but our kid is a US Citizen, our kid obtained US Citizenship through CRBA in Lima Peru.

 

Should I upload a copy of our kid CRBA certificate just in case as an additional document? or this is irrelevant? 

Just do nothing about the last message.  Your wife should have answered no.  A US Citizen NEVER immigrates to the USA.  But...just ignore the message.  It's not relevant.

[CitizenWheelz 9]

9 hours ago, pushbrk said:

Just do nothing about the last message.  Your wife should have answered no.  A US Citizen NEVER immigrates to the USA.  But...just ignore the message.  It's not relevant.

Thanks I Wil leave this alone.

 

The question was: Is this child also immigrating to the United States? We answered YES because if we answered NO, the next question was: Date in which this child is planning to immigrate to the United States?

 

There was no option in the DS-260 application to enter our child citizenship status or whether the child has his or her own petition, that is why we decided to answer YES to this question, at the NVC interview I will advice my wife to have our kid's documentation just in case they ask for it. 

[pushbrk 12,876]

8 hours ago, CitizenWheelz said:

Thanks I Wil leave this alone.

 

The question was: Is this child also immigrating to the United States? We answered YES because if we answered NO, the next question was: Date in which this child is planning to immigrate to the United States?

 

There was no option in the DS-260 application to enter our child citizenship status or whether the child has his or her own petition, that is why we decided to answer YES to this question, at the NVC interview I will advice my wife to have our kid's documentation just in case they ask for it. 

Not an issue now, but the correct answer was no.  

[CitizenWheelz 9]

On 8/6/2023 at 5:28 PM, pushbrk said:

Not an issue now, but the correct answer was no.  

Just in case I uploaded a copy of my child us citizenship status for the NVC's convience.

 

I was also able to obtain a better copy of my the birth certificate. Hopefully everything works!

 

I will keep you updated and once again thank you for your time and help!

[SalishSea 17,818]

On 6/25/2023 at 4:13 PM, CitizenWheelz said:

Also, besides getting my ssi payments I also get rental assistance and I been living on my own for the past couple years, even though I am physically disabled I am very independent, and I will help my wife take care of our kid. 

 

By the way, does my rental assistance helps? Does it counts as income for me? If so, should I also include it? Thanks.

This will be an unfavorable for your totality of circumstances.

[CitizenWheelz 9]

I would like to thank again all of you who responded to my thread here, all responses were carefully taken into consideration and helped me prepare for this immigration journey. 

 

My wife had her consulate interview abroad several weeks ago and no questions were asked about what was worrying me the most here, the public charge.

 

She is finally here in the United States with my US Citizen Child. 

 

The officer at the interview was straight forward and was focusing more on the bona fide marriage and making sure all the paperwork was filled correctly.

 

My advice to those in a similar situation is to make sure to fill out the right paper work, have enough proof for your bona fide marriage and don't be afraid to file a petition for your spouse or other family member even if you believe you won't income qualify, that is what the co sponsor is for. 

 

Also, upon entry the United States, my wife was stamp under CR1 category even though I instead the CBP officer to stamp IR1 instead since my wife arrived weeks later after our 2 year anniversary (marriage) but the officer refused and I did not want to push it. 

 

My wife immigrant visa was printed as CR1 because her immigrant visa interview was scheduled couple days before our 2 year marriage. 

 

I was doing my research and I see that I can easily correct this by filling i90 after we get the Green Card with the wrong classified category, but I would like to fix this ahead of time before paying for the Green Card to be mail with the wrong category. 

 

What do you guys recommend? Should I wait for the GC to arrive and see if is CR1 or IR1? I believe is going to be CR1 even though others recommend to wait and see what USCIS mails.

 

Can I fix this at my local Deferred inspection site? I tried making an info pass appointment but the site won't let me, I tried calling USCIS but the wait time is too long.

 

Any advice? I don't want to deal with a a removal condition status just because a CBP officer is not well prepared for their task, she even said that a CR1 is a better green card then IR1. 😏

[TBoneTX 45,266]

A hijack post and replies to it have been split into a new thread in this forum.

[CitizenWheelz 9]

7 hours ago, CitizenWheelz said:

Upon entry here to the United States, my wife was stamp under CR1 category even though I instead the CBP officer to stamp IR1 instead since my wife arrived weeks later after our 2 year anniversary (marriage) but the officer refused and I did not want to push it. 

 

My wife immigrant visa was printed as CR1 because her immigrant visa interview was scheduled couple days before our 2 year marriage. 

 

I was doing my research and I see that I can easily correct this by filling i90 after we get the Green Card with the wrong classified category, but I would like to fix this ahead of time before paying for the Green Card to be mail with the wrong category. 

 

What do you guys recommend? Should I wait for the GC to arrive and see if is CR1 or IR1? I believe is going to be CR1 even though others recommend to wait and see what USCIS mails.

 

Can I fix this at my local Deferred inspection site? I tried making an info pass appointment but the site won't let me, I tried calling USCIS but the wait time is too long.

 

I don't want to deal with a a removal condition status just because a CBP officer is not well prepared for their task, she even said that a CR1 is a better green card then IR1. 

Just bringing this up to see any replies or advices regarding my wife's CR1 stamp upon entry to the United States after 2 years of marriage, I was thinking about going to a local deferred inspection and see if they can correct the stamp before paying for the Green Card production, should I go this path first? Or pay first and then wait for the green card to arrive and if is the 2 year GC just file the i90. Any advice helps 👋

Edited January 7 by CitizenWheelz

[powerpuff 6,697]

Personally, I don’t think you should go to CBP deferred inspection. Reason being that ultimately it’s the USCIS that determines which GC to print and it’s a completely different entity. Of course, USCIS also gets it wrong sometimes. I’d pay the fee and see what shows up and then file I-90 it’s it’s still a conditional one. Dont worry, you won’t have to do removal of conditions since by law you’re untitled to a 10 year GC.
 

That’s just my two cents and others might disagree.

 

8 hours ago, CitizenWheelz said:

she even said that a CR1 is a better green card then IR1. 😏

Oh my. Sometimes I do wonder how they get these jobs. It’s baffling 

[CitizenWheelz 9]

1 hour ago, powerpuff said:

Personally, I don’t think you should go to CBP deferred inspection. Reason being that ultimately it’s the USCIS that determines which GC to print and it’s a completely different entity. Of course, USCIS also gets it wrong sometimes. I’d pay the fee and see what shows up and then file I-90 it’s it’s still a conditional one. Dont worry, you won’t have to do removal of conditions since by law you’re untitled to a 10 year GC.
 

That’s just my two cents and others might disagree.

 

Oh my. Sometimes I do wonder how they get these jobs. It’s baffling 

Thanks for the quick reply, I was actually thinking the same, going to the CBP and make the correction there won't make any difference but I read in other places that it needs to be corrected by CBP at the local deferred inspection before the GC is produced by USCIS. 

 

I don't know what to do. I don't want to pay for the GC and get the 2 year GC by mistake and then file for i90, I was trying to avoid this path since is a long wait. 

[powerpuff 6,697]

15 minutes ago, CitizenWheelz said:

Thanks for the quick reply, I was actually thinking the same, going to the CBP and make the correction there won't make any difference but I read in other places that it needs to be corrected by CBP at the local deferred inspection before the GC is produced by USCIS. 

 

I don't know what to do. I don't want to pay for the GC and get the 2 year GC by mistake and then file for i90, I was trying to avoid this path since is a long wait. 

If that’s what you want to do and feel most comfortable with then go for it! There’s no harm anyway in this plan. At least that way you will know you did everything on your part to prevent an error from happening. Good luck and keep us posted.

[CitizenWheelz 9]

9 minutes ago, powerpuff said:

If that’s what you want to do and feel most comfortable with then go for it! There’s no harm anyway in this plan. At least that way you will know you did everything on your part to prevent an error from happening. Good luck and keep us posted.

I will wait and see if others can advice here. I am happy this great community exists to help people. 👋

[CitizenWheelz 9]

On 1/6/2024 at 8:54 PM, powerpuff said:

Personally, I don’t think you should go to CBP deferred inspection. Reason being that ultimately it’s the USCIS that determines which GC to print and it’s a completely different entity. Of course, USCIS also gets it wrong sometimes. I’d pay the fee and see what shows up and then file I-90 it’s it’s still a conditional one. Dont worry, you won’t have to do removal of conditions since by law you’re untitled to a 10 year GC.
 

That’s just my two cents and others might disagree.

 

Oh my. Sometimes I do wonder how they get these jobs. It’s baffling 

Just quick update regarding my wife's green card. Today after 6 weeks of waiting for the green card to arrive we finally received. And guess what? We received the 2 year green card instead of the 10 year green card, even though my wife arrived to the USA 1 month after our 2 year marriage.

 

Looks like USCIS is still making mistakes and they still follow whatever the CBP (port of entry) writes upon arrival to the united states. In this case, CBP did not want to listen to us and decided to process my wife as conditional resident, instead of permanent resident.

 

I guess my only option now is to file for i90, correct? Can i expedite this i90 process? I already took my wife to local motor vehicle and apply for a state ID because we will be returning this green card soon. 

[powerpuff 6,697]

On 2/27/2024 at 9:33 PM, CitizenWheelz said:

Just quick update regarding my wife's green card. Today after 6 weeks of waiting for the green card to arrive we finally received. And guess what? We received the 2 year green card instead of the 10 year green card, even though my wife arrived to the USA 1 month after our 2 year marriage.

 

Looks like USCIS is still making mistakes and they still follow whatever the CBP (port of entry) writes upon arrival to the united states. In this case, CBP did not want to listen to us and decided to process my wife as conditional resident, instead of permanent resident.

 

I guess my only option now is to file for i90, correct? Can i expedite this i90 process? I already took my wife to local motor vehicle and apply for a state ID because we will be returning this green card soon. 

Sorry you’re going trough this. This could’ve been avoided if USCIS did their jobs better.

 

Yes, the only option is to file I-90. You won’t have to pay the fee as that’s USCIS error. Unfortunately it cannot be expedited. You don’t have to include the GC in the submission. They will send you an RFE to send it to them when they’re close to adjudicating it.

Edited February 29 by powerpuff

[CitizenWheelz 9]

4 hours ago, powerpuff said:

Sorry you’re going trough this. This could’ve been avoided if CBP/USCIS did their jobs better.

 

Yes, the only option is to file I-90. You won’t have to pay the fee as that’s USCIS error. Unfortunately it cannot be expedited. You don’t have to include the GC in the submission. They will send you an RFE to send it to them when they’re close to adjudicating it.

Hi, 

 

Thank you for the response. Can you please tell me more about not sending the actual physical green card when filling i90? I was about to send the physical 2 year green card along with a cover letter explaining that my wife had her consular interview just few days before our 2 year marriage celebration, therefor her immigrant visa showed as CR1 but she entered the United States with her immigrant visa about 1 month after our 2 year marriage. 

 

I already took my wife to a local motor vehicle and applied for state ID, my wife does not have a need to travel in the future, even if she does, i guess she can still use her passport stamp that serves as 1 year resident. Other than that, do you think is better to file i90 online and keep the 2 year gc until they send a RFE? Thanks