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Tomell

Public Charge Thanks To Hubby / Good "Piecemeal" Lawyer? [merged threads]

By Tomell in Adjustment of Status from Work, Student, & Tourist Visas

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Boiler Grand Master

Boiler   45,445

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Filed: K-1 Visa Country: Wales
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2 minutes ago, EmilyW said:

I'm glad she was honest at the point of entry that she was acting as a caregiver.  That, at least, won't come back to bite her.  They record everything, so she is covered, from what you've said.

 

Get that co-sponsor in place, and adjust status.  As for fee waivers, not sure how that works, but - either way - both you and her are in for a wait when it comes to processing. 

 

You'll have plenty of time to save up.

There is not a fee waiver, see link above.

“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.”

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SteveInBostonI130
SteveInBostonI130

Filing the I-130 is not an issue.  There is no bar on filing a family based immigration petition.   Filing the I-485 could be an issue depending on what CBP asked and what she told CBP about

Tomell
Tomell

I just went back and read this, for some reason I had it in my head that we needed to do an I-130 AND AOS, so simply AOS and shes good to go?

pushbrk
pushbrk

Sometimes these emergency visas directly indicate Adjusting Status is forbidden. Check for any such notation on the visa or stamp next to it.

pushbrk Grand Master

pushbrk   12,870

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Filed: Other Country: China
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7 hours ago, jan22 said:

To be precise, the I-130 is not a petition for a spouse visa.  It is petitioning for approval to bring a spouse (or other qualifying family member) into the US to live once the proper process is completed.   Once the I-130 is approved, it allows the beneficiary of the approved petition to apply for either an immigrant visa or adjustment of status. 

 

Correct but the best way to go about adjusting status is to file the I-130 concurrently with the adjustment of status related forms.

 

To the public charge issue, yes they'll need a qualified joint sponsor, AND a plan of actual support for two of them.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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Jac16 Apprentice

Jac16   6

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Filed: IR-1/CR-1 Visa Country: Indonesia
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12 hours ago, Tomell said:

I am an American here in Indiana US and my lovely Filipina wife is here with me on a 6 month tourist visa (It was granted so she could be my caretaker after a super grueling heart operation which I am recovering from now) The officials from the get-go were told that we would be filing an I-130 at some point, so no big fears of her being called a "tourist visa fibber", just fyi...

 

My question (s) are:

 

These health challenges are quite bad, and have taken my income down to around 20K per year, I am on Medicaid and other public assistance programs (I do have a friend worth about 400K USD who will "co sponsor" though. My wife is not and has not collected any US benefits of any Kind, so my first question is, Is ME being  a public charge a problem?

 

Second question: My wife has a HS diploma, and decent minimum wage work experience in the Philippines, but no savings, she can likely get a $15 per hour or so job offer for once her change of status takes effect from the hospital we go to though. How worried of public charge does she need to be personally?

 

Third question: We are scraping together the $1600+ for the I-130 and I-485 petition , but don't have it yet, I read somewhere that if I go apply in person, there might be a "fee waiver" program A: Is there? and B, would THAT complicate the Public Charge rulings?

 

Last question (and THANKS for reading this far) Any recommendations on a good lawyer versed in these topics who is willing to work one hour at a time?

 

Thanks Much everyone.

 

Tom

 

P.S. One more question, sorry about that. Shes 4 months in on her 6 month visa, when is the :latest" we should do the I-130 / I-485 thing to avoid risk of her having to leave (With my heart operation recovery, this would be a VERY bad thing)

If you want to go for adjustment of status you will need

535 for I-130

1225 for I-485,I-131 and EAD

medical check up I-693

 

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TBoneTX Grand Master

TBoneTX   45,259

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Filed: Citizen (apr) Country: Ecuador
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Posted (edited)

Related threads are merged again.  Please restrict further posts to this thread only.

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Tomell Apprentice

Tomell   8

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I am looking to file an I-130 and I-485 soon (Working on putting together the money, a bunch of health problems have taken us pretty close to zero)

 

The process and options confuse my medication addled brain pretty good, and I really think we need a lawyer or some other kind of expert. Problem (as with a bunch of areas of our life) is money.

 

Is there such thing as a lawyer out there who has a reasonable hourly fee and can do "an hour here, and an hour there" as finances allow?

 

My wife is here in an emergency tourist visa and it is up on Sep 6th, So I am hoping to get something going soon.

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Timona Experienced

Timona   4,207

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Filed: Citizen (apr) Country: Kenya
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If money is and issue, file yourself.  Guide is in top right 

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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Boiler Grand Master

Boiler   45,445

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Filed: K-1 Visa Country: Wales
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There are VJ partners

 

https://www.visajourney.com/partners/

“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.”

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  • TBoneTX changed the title to Public Charge Thanks To Hubby / Good "Piecemeal" Lawyer? [merged threads]
 
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