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Everything posted by pushbrk
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As already indicated, there are no derivative beneficiaries for the families of US Citizens. Now is the time for you and your spouse to become A-Students of the I-130 instructions. If you had done this to begin with, you would not be in this pickle. And....if there was another way, I would have told you the first time. I've been a member here 19 years. I've seen this same mistake countless times. It is what it is.
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I'm very sorry to be the bearer of bad news. First, the older child has no path to immigrate as your husband's step child. Later you can start a process for that child that will take a very long time. Unless you want to leave your younger three children behind, you stop everything now, and the petitioner files three more petitions. (One for each step child) When they catch up in a year or so, you continue at that time with immigration process including visa applications, affidavits of support for each, and supporting documents at NVC Stage. Make sure you keep in touch with NVC at least once a year in the meantime, so your case stays alive. Evidently, you and/or your husband thought one petition was enough. This happens often when people fail to study the instructions before filing. Kits 2, 3, and 4 all need petitions. Number two was under 18 when the marriage occurred.
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The petitioner is the one who is stating how many others are immigrating with each Beneficiary. The petitioner is well advised to become an A-Student of the I-864 instructions. If they are a US Citizen, then the answer will be zero. The children will simply be listed as dependent children so the household size properly populates. You say your children range from age 23 to 16. Is the petitioner a US Citizen. If so, were five petitions filed? Were all children under 18 at the time of the marriage. You are posting in a forum for spouse of US Citizen. If the spouse or petitioner is NOT a US Citizen, the answers will be different.
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Transferring Case to another embassy
pushbrk replied to shah2014's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Ok for you to go there, but it would be against policy to accept Consular Processing in a country where the applicant is only a visitor, not a resident. -
I received a phone call. Any help?
pushbrk replied to FreeBird265's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Correct. No agency is named US Immigration. The closes is USCIS, which has nothing to do with your case at this stage. No legitimate reason to call you before you have an interview date, and extremely rare for the Immigrant Visa Unit to call ever, for any reason. Assuming this call was to your mobile phone. If it's urgent, they'll call back. I expect it was a scam or you simply misunderstood. -
Transferring Case to another embassy
pushbrk replied to shah2014's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
He's wrong. Your wife can interview only in her country of citizenship or her country of residence. She would need to live in Oman have any such request honored. They don't transfer consulates because you are becoming impatient. -
"Active Review" does not mean what it sounds like. It means you are in the queue for a human to spend about 20 to 30 minutes with your case, when it gets to the front of that queue.
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Carry the letter to the interview. As for the family size, the "income requirement" in your case is five times the petitioner's income shortfall. To know the shortfall, you would count the four of you plus the petitioner's household size. That will give you the total income requirement. Then subtract the petitioner's current income, to find the shortfall. Shortfall times five would be the minimum. It's best to be well over that. The immigrants' assets are used to supplement the petitioner's affidavit of support. The do not stand alone. Study the I-864 instructions on how to use the intending immigrants' assets to supplement.
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No need to notify NVC. If that was needed, I would have said so. Best if you have a letter from the joint sponsor, but no, not mandatory. Yes half a million is well over 5 times the income requirement for a family of four. If the family, is petitioner, spouse, and the two immigrants, great. Otherwise the actual income requirement includes all immigrants plus everybody in the petitioner's household count.
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Nobody has promised anything. It's too late for DCF. You could try an expedite request through USCIS, but even if that works, "expedited" doesn't mean what you would naturally think it means. At this stage, it's unlikely to save time. You do not have any special circumstance to justify an expedite, (to jump ahead of others in line ahead of you). It's free to try, but I expect it will be a waste of your time.
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Submit updated petitioner and applicant related financial forms and supporting documentation. Ask that the Joint Sponsor be withdrawn, or even take a letter from the joint sponsor asking that their I-864 be withdrawn. If you have well over the 5 times the income requirement in liquid assets, you should be fine.
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Help filing out form I-864 (Merged threads)
pushbrk replied to Jahra's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
See bold above. You have that backwards. He cannot use the I-864EZ because he can't answer all three questions yes. Further, anybody CAN use the I-864. Nobody "has to" use the EZ version, ever. -
Help filing out form I-864 (Merged threads)
pushbrk replied to Jahra's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Use total income, unless you filed the 1040EZ form. -
That would be a proper expectation, but for some countries there is a long wait for the interview due to backlogs. Check your backlog for more information.