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

[pushbrk 12,877]

2 hours ago, CitizenWheelz said:

I'm sorry for the late response but I was doing my homework and looking for more information on my own. I am really thanksful to people like you and others who take some of their time to respond here. 

 

Regarding your point about the decision making process at the NVC, I'm not ignoring it. Actually this is what is keeping me busy and maybe over thinking it. At first I thought about finding a better joint sponsor but if my niece is good enough even for her age and only one year of income, I will just go with her. 

 

At the interview, my wife will simply just tell the truth, always the truth, she is no comming here to be a public charge, since what I get from SSI won't be enough for the 3 of us, so her plan is to find a job as soon as possible. 

 

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. 

Does she have good work experience and skills?  What is the housing plan?  When I say totality of circumstances, that's exactly what I mean and what the Consular Officer will be evaluating.  If you are looking for information that disagrees with what I'm telling you, you are wasting your time and effort.

 

[CitizenWheelz 9]

44 minutes ago, pushbrk said:

Does she have good work experience and skills?  What is the housing plan?  When I say totality of circumstances, that's exactly what I mean and what the Consular Officer will be evaluating.  If you are looking for information that disagrees with what I'm telling you, you are wasting your time and effort.

 

Wife speaks and understand basic English language, is young less than 28 years old. Previous job skills can be as a secretary doing office job and computer skills. Housing plan is for my wife and child to live with me in the meantime while we find a better place to live.

 

I'm currently studying to finish my career in computer network so I can find an office job, I am also about 30 years old and I know I should had finish my studies before but I guess is never too late. 

 

Should I continue with my plan and submit the i864 along with the DS-260? Or should I wait and find a better sponsor with a higher and 3 year income history? Thanks! 

[CitizenWheelz 9]

57 minutes ago, pushbrk said:

Does she have good work experience and skills?  What is the housing plan?  When I say totality of circumstances, that's exactly what I mean and what the Consular Officer will be evaluating.  If you are looking for information that disagrees with what I'm telling you, you are wasting your time and effort.

 

Regarding the information that I was looking for, nothing that will disagree with you. I totally respect your advice here and I am also thankful again to you for helping me here in my immigration journey. 

[pushbrk 12,877]

2 minutes ago, CitizenWheelz said:

Wife speaks and understand basic English language, is young less than 28 years old. Previous job skills can be as a secretary doing office job and computer skills. Housing plan is for my wife and child to live with me in the meantime while we find a better place to live.

 

I'm currently studying to finish my career in computer network so I can find an office job, I am also about 30 years old and I know I should had finish my studies before but I guess is never too late. 

 

Should I continue with my plan and submit the i864 along with the DS-260? Or should I wait and find a better sponsor with a higher and 3 year income history? Thanks! 

Changing joint sponsors will not really help, in my opinion.  Having a more specific plan for supporting yourselves is what I think you need.  You say, they will live with you.  Do you have a place to live of your own, with only your SSI income to support that life, or are you living with family that is supporting you?  All this is relevant.  It's not that it's any of MY business or the business of the members here, except that we are trying to advise you, without knowing enough about your circumstances.

What is the specific job your wife will be qualified for, looking for, and has reason to expect she will find upon arrival?

[CitizenWheelz 9]

5 minutes ago, pushbrk said:

Changing joint sponsors will not really help, in my opinion.  Having a more specific plan for supporting yourselves is what I think you need.  You say, they will live with you.  Do you have a place to live of your own, with only your SSI income to support that life, or are you living with family that is supporting you?  All this is relevant.  It's not that it's any of MY business or the business of the members here, except that we are trying to advise you, without knowing enough about your circumstances.

What is the specific job your wife will be qualified for, looking for, and has reason to expect she will find upon arrival?

Hi 

 

As I mentioned earlier, I am currently living on my own, I have my own apartment for which I currently receive rent assistance, section 8. I been living on my own for the past couple years. 

 

Having my apartment even though is subsidize, helps at all? Can this be considered income? I monthly receive rent payments for my apartment as well. 

 

How will NVC could consider my wife a public charge without giving her the chance to arrive here in the US? I mean I am the one who is disable and getting the benefits, my wife won't be getting any disability payments or any cash payments at all she is not physically or mentally disabled and is still young and can easily find a job. 

[pushbrk 12,877]

1 minute ago, CitizenWheelz said:

Hi 

 

As I mentioned earlier, I am currently living on my own, I have my own apartment for which I currently receive rent assistance, section 8. I been living on my own for the past couple years. 

 

Having my apartment even though is subsidize, helps at all? Can this be considered income? I monthly receive rent payments for my apartment as well. 

 

How will NVC could consider my wife a public charge without giving her the chance to arrive here in the US? I mean I am the one who is disable and getting the benefits, my wife won't be getting any disability payments or any cash payments at all she is not physically or mentally disabled and is still young and can easily find a job. 

You on SSI and section 8 means you are already a public charge.  The taxpayer is already your full support.  NVC is not your hurdle.  You have a qualified joint sponsor.  It's the Consular Officer who makes the decision about how likely your wife is to become a public charge.  Once she's here, she cannot be deported for being a public charge.  If she is deemed likely to become a public charge, by the Consular Officer, the visa will be denied.  Is this getting through to you now?  Please interpret what I'm telling you LITERALLY, not simply in a way that is convenient for your agenda.

 

[pushbrk 12,877]

To summarize, the Consular Officer will KNOW your wife's primary sponsor is and has long been a public charge.  That's all on paper.  They will also know your joint sponsor is not actually planning to support your wife.  So, they will need a clear understanding of how she both CAN....and.....WILL support herself and/or how (immediately) the two of you will support the three of you.  "She will look for a job." is not enough, in my opinion.  

Have you checked with the section 8 people there to see if they will even ALLOW your wife and daughter to live in your subsidized housing?  If not, what is your plan?  Does your wife KNOW that plan?

 

[CitizenWheelz 9]

32 minutes ago, pushbrk said:

To summarize, the Consular Officer will KNOW your wife's primary sponsor is and has long been a public charge.  That's all on paper.  They will also know your joint sponsor is not actually planning to support your wife.  So, they will need a clear understanding of how she both CAN....and.....WILL support herself and/or how (immediately) the two of you will support the three of you.  "She will look for a job." is not enough, in my opinion.  

Have you checked with the section 8 people there to see if they will even ALLOW your wife and daughter to live in your subsidized housing?  If not, what is your plan?  Does your wife KNOW that plan?

 

You are totally right about this. In order for my wife to live with me, she needs to meet certain income requirements, meaning she will need to earn little income which is not the goal here since we our child living with us, my ssi payments won't be enough to cover expenses, family can help support us in the meantime but that's not also the goal here. In this case, I will eventually need to give out my rent benefits and find another place to live with my wife and kid, a place which won't be subsidize. 

[pushbrk 12,877]

6 hours ago, CitizenWheelz said:

You are totally right about this. In order for my wife to live with me, she needs to meet certain income requirements, meaning she will need to earn little income which is not the goal here since we our child living with us, my ssi payments won't be enough to cover expenses, family can help support us in the meantime but that's not also the goal here. In this case, I will eventually need to give out my rent benefits and find another place to live with my wife and kid, a place which won't be subsidize. 

And the Consular Officer making the visa decision knows all that.

[CitizenWheelz 9]

4 hours ago, pushbrk said:

And the Consular Officer making the visa decision knows all that.

Thank you for all your information and please correct me if I am wrong. I'm just trying to learn as much as possible here and once again am thanksful for all the info. 

 

I just called my benefits case manager to ask her some questions and she told me the following:

 

1: In order for my wife to be able to live with me under my housing program, she needs to be a US Citizen or green card holder for at least 5 years besides having a low income requirement or been disabled. 

 

2: I called my local social security office and they told something similar, my wife won't be elegible for any cash assistance benefits unless she qualifies on her own as a disabled individual and low income plus been a US Citizen or green card holder for at least 5 years.

 

If everything goes fine at the interview, most likely my wife will be getting a conditional green card not even a permanent green card and by been married to me, does not mean my wife will automatically qualifies for public benefits. 

 

In conclusion, how can she be considered a public charge if she doesn't even qualifies for any type of benefits on her own? Once again, please correct me if I'm wrong. I am just trying to gather as much information as possible and hopefully this info helps other people in my situation. I don't believe I'm the only one in this situation trying to apply for a family green card. 

 

[pushbrk 12,877]

6 hours ago, CitizenWheelz said:

Thank you for all your information and please correct me if I am wrong. I'm just trying to learn as much as possible here and once again am thanksful for all the info. 

 

I just called my benefits case manager to ask her some questions and she told me the following:

 

1: In order for my wife to be able to live with me under my housing program, she needs to be a US Citizen or green card holder for at least 5 years besides having a low income requirement or been disabled. 

 

2: I called my local social security office and they told something similar, my wife won't be elegible for any cash assistance benefits unless she qualifies on her own as a disabled individual and low income plus been a US Citizen or green card holder for at least 5 years.

 

If everything goes fine at the interview, most likely my wife will be getting a conditional green card not even a permanent green card and by been married to me, does not mean my wife will automatically qualifies for public benefits. 

 

In conclusion, how can she be considered a public charge if she doesn't even qualifies for any type of benefits on her own? Once again, please correct me if I'm wrong. I am just trying to gather as much information as possible and hopefully this info helps other people in my situation. I don't believe I'm the only one in this situation trying to apply for a family green card. 

 

From what you wrote, your wife does not qualify to live with you, so you will need other living arrangements before she comes.

 

She is NOT  a public charge until she IS.  The visa decision is NOT about her BEING a public charge NOW, or on day one.  It is about (Pay attention to every word and interpret it literally.) how likely it is she WILL BECOME a public charge once she's here.  From the information you have given, it seems VERY likely, even though it would not be related to section 8 or SSI.  That's the assistance YOU receive, but it is a very small part of the possible list of means tested benefits out there.

Of course, you can all be housed temporarily with family members.  You still need a REAL plan for how you and your wife will live and support your family.

 

Nothing you wrote is "wrong".  You are just pushing aside the real issues I'm bringing up, by interpreting my words in ways convenient to getting what you want, instead of interpreting them literally.

 

Yes, IF IF IF your wife arrives before your second wedding anniversary, she will receive conditional LPR status.  Has nothing to do with what we're talking about.  She has to get the visa first.

 

Edited June 26, 2023 by pushbrk

[CitizenWheelz 9]

3 hours ago, pushbrk said:

From what you wrote, your wife does not qualify to live with you, so you will need other living arrangements before she comes.

 

She is NOT  a public charge until she IS.  The visa decision is NOT about her BEING a public charge NOW, or on day one.  It is about (Pay attention to every word and interpret it literally.) how likely it is she WILL BECOME a public charge once she's here.  From the information you have given, it seems VERY likely, even though it would not be related to section 8 or SSI.  That's the assistance YOU receive, but it is a very small part of the possible list of means tested benefits out there.

Of course, you can all be housed temporarily with family members.  You still need a REAL plan for how you and your wife will live and support your family.

 

Nothing you wrote is "wrong".  You are just pushing aside the real issues I'm bringing up, by interpreting my words in ways convenient to getting what you want, instead of interpreting them literally.

 

Yes, IF IF IF your wife arrives before your second wedding anniversary, she will receive conditional LPR status.  Has nothing to do with what we're talking about.  She has to get the visa first.

 

Thank you so much for your help and information. I will follow the rules and continue with the paperwork to the best or my knowledge since I cannot afford a lawyer now. I will have a talk with my wife about all this. Thanks again for taking the time to respond to my inquiry and giving me a clear idea of what to expect. 

[CitizenWheelz 9]

Hi,

 

There is one more question that I completely forgot to ask regarding this topic.

 

If I was married before here in the United States, should I upload my divorce decree or certificate to NVC? 

 

I am asking this because according to NVC website, they are asking for the civil documents for the immigrant visa applicant and not the petitioner. Of course it will be a good idea if my wife can provide a copy of my previous marriage to NVC at the time of the interview in case they ask for it but my question is, should I upload my divorce certificate to the NVC portal now?

 

Thanks!

[Chancy 6,241]

58 minutes ago, CitizenWheelz said:

I am asking this because according to NVC website, they are asking for the civil documents for the immigrant visa applicant and not the petitioner.

 

Upload a scan of your divorce decree now.  It's listed under "Petitioner Documents" on the NVC website's general checklist of civil documents for upload -- https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-5-collect-financial-evidence-and-other-supporting-documents/step-7-collect-civil-documents.html

 

"If you are applying for an IR1, CR1, or F2A visa as the spouse of a U.S. citizen or Lawful Permanent Resident and your petitioning spouse was previously married:  You must obtain evidence of the termination of EVERY prior marriage your petitioning spouse has had. This evidence must be an original or certified copy of one of the following documents:  FINAL legal divorce decree, death certificate, or annulment papers."

 

[CitizenWheelz 9]

Hi and thanks to all of you who responded but I haven't be back here since I submitted my documents and I just received some news from NVC.

 

2: Wife's birth certificate:

NVC Response:
Part of this document is missing or is difficult to read. Please replace this with a scan that shows the complete text of the document. Please ensure all sides of every page are scanned and visible.

 

- Birth certificate is well scanned in color, but since this is a birth certificate before the year 2000, some info was written by hand and is hard to read.

I don't think submitting a new copy of the birth certificate will fix the issue since it will look the same. Can an english translation and certification (by me) of the birth certificate fix the problem? (even though this is not required by NVC since the original document is in the same language of NVC's location) or my wife need to contact her municipality who issued the birth certificate and try to get a digital copy or another format.

 

2: Petitioner previous marriage in Peru, divorce decree

NVC Response:

Please replace this with an acceptable divorce, annulment, or death certificate from a correct issuing authority.

 

- I previously married in Peru, and I also got divorce in Peru. The document that I uploaded was an original document that shows my previous marriage info and second page shows my divorce info, the divorce info is very limited, maybe 2 or 3 lines. This document was obtained from the *Reniec* in Lima, Peru which is the National Registry of Identification and Civil Status. I got divorce through a notary in Lima, Peru so my thought is that they are requesting the divorce decree or resoluction from the notary office which is about 5 pages? and not just the simple document from the (Reniec)? Because I don't have any other document to upload.

 

3: No document requested 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 should my wife ignore this message and explain this at her interview at NVC?

 

Thanks!