US Immigration from Australia

My wife and I were planning to go overseas for the holidays this year. We had to cancel the trip yesterday while we were at the airport because she had left her green card at home and we could not check her in for her flight. (She still has a Singapore passport and isn t going to pursue U.S. citizenship.)

Although we initially had the airline reschedule the trip to today, we ended up canceling the trip. Her green card has an expiration date of over a year ago (September 2021). The I-751 NOA, which we received in July 2021, says her conditional permanent residency is extended for 18 months from the date which is on the card (not the date which is on the NOA, so March 2023). She originally moved to the U.S. in November 2018 under the K-1 visa. Her original EAD/AP combo card expired in 2020.

Two employees at the airline check-in, who are immigrants too, told us that the airports in Europe would not allow her to board the flight and she would be stuck in Europe. They also said the airline would be fined $15,000 for letting an illegal immigrant back into the U.S. After we found this thread, we were no longer confident that she could travel abroad even with the green card and the original of the NOA. If she is deported, that is a criminal offense which would kick her out of the U.S. and cancel her Australia permanent residency (which she also has). We want to move back to Australia, so a 10-day vacation to Europe is not worth the risk of losing that.

So this raises several concerns for us (aside from trying to get a refund on our expensive travel)

1. USCIS processing times at YSC for I-751 are now 26 months. Our extension was only 18 months, and the USCIS case inquiry said we could not even ask them about the case until October 2023. How can my wife still legally be in the United States and be able to work while we are still waiting for USCIS?
2. Why don t the extension letters cover this entire lengthy processing time? We filed the correct papers and paid all of the fees why would she be treated like an illegal immigrant?
3. How do we get an extension that the airlines and customs people will actually, consistently, honor? With the documents we currently have, it s luck of the draw and we can t travel abroad without worrying about this.
4. If she had a family emergency and had to go back to Singapore or Australia, how can she do even that travel without running the risk of not being let back in to the U.S.?

Good morning!

Sorry if this has already been asked but I am quite an anxious person when it comes to important things such as this and thus I want to be sure that I understand correctly. For AOS my K2 had her own complete application that was filed with mine. However, am I correct in understanding that for ROC she does not need an application at all and is just listed in the correct section in my application?

Thank you!

We received the dreaded RFE - This case does not meet the minimum income requirement to sponsor the intending immigrants at NVC stage.

After researching, it seems the intending immigrant spouse can use their assets to make up the financial shortfall. Which form is the way to do this, do we have to resubmit the I-864 with the additional information at or does the intending immigrant who is the spouse of the petitioner able to be added as a household member therefore file a I-864A????

I don't know which way to go so I thought i'd ask here. The NVC portal does not have the option to re-submit a new updated I-864, it only has options for add a joint sponsor or add a household member. The Travel state website says you can

Can the immigrant visa applicant count assets that he or she owns that are outside the United States, such as real estate or personal property?

Yes, under the following conditions:

• The assets must be convertible to cash within 12 months.
  
• The applicant must show that the assets can be removed from the country where they are located. Many countries have limits on cash or liquid assets that can removed from the country.
  
• The net value of assets must be at least five times the difference between the sponsor's income and 125 percent of the poverty guideline for the household size.

The visa applicant needs to file a Form I-864A to have his or her assets included in the minimum income level calculations.

but the I-864A instructions say

Confused, would appreciate any suggestions

My fiance had two part time jobs when he filed our I-129f in January this year. He also listed his third source of income, which is leasing out properties he owns.

Since then, one of his jobs let him go and he quit the other last month. His income from the rental properties is more than we require for 125% of the poverty line - but only slightly over.

When he fills out the next form, his change of employment will obviously have to be addressed, and his bank statements will show his rental income.

He put his rental income on I-129f as an employer, as he manages them himself through an LLC. Does he need to write himself a letter of employment as he obtains income through this or does he just rely on bank statements and tax?

When it comes to his assets, should he list his properties he leases or is it best not to count them because they are where his income comes from?

We will not be living in a property that he owns when I move over there. We will continue to live on his family's property.

Helping a friend here...

US Citizen is petitioning for her husband, her mother and her father. US Citizen lives with husband (do not know his exact status, but he may be on a business visa...) and their 1-year old daughter here in the US. Mom and Dad will be immigrating from another country.

She needs to prove 125% of Poverty Level for a family of five, correct? She wasn't sure if she needed income for five once, or, since she is sponsoring three people, she needs income for five 3 times. Pretty sure it's just once, but wanted to make sure before I replied to her. She's dealing with an RFE, and I am trying to guide her as to her response.

Sorry if it seems a stupid question, but it isn't something that came up during our own journey...

Sukie in NY