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Everything posted by K1visaHopeful
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RFE i-864
K1visaHopeful replied to Caitlyn03's topic in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas
No. If you do not live together he is your Joint sponsor and not your COSponsor and you CANNOT COmbine income on an I864a. He'll have to amend his own I864 form with the correct address (and I'd provide proof with a photo copy of his photo ID with the current address stating he DOES NOT live with you) to prove he is that type of sponsor since your error suggests he is a different type of sponsor that requires a different form and calculations. ID with address will verify he isn't a co-sponsor and rectify your suggestion that he is but you filed the WRONG FORM initially correcting your error. -
RFE i-864
K1visaHopeful replied to Caitlyn03's topic in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas
Annual salary, employment start date on company letter head at least. No less than 6 months current paystubs. No. That would make your Joint sponsor a CO sponsor and mean you filed the wrong form entirely. CO sponsor's are parents, siblings or children of the sponsor who live with the sponsor. They CANNOT be joint sponsor's nor can they file I864s if they meet that familial relationship AND live together. They MUST file I864a's and MUST COmbine income with the sponsor so your calculations and forms would be wrong entirely. Is your FIL a Joint sponsor or a COSponsor? No. You should file in time to remain in status. Find a new joint sponsor instead. -
Because it is not an immigration issue but rather a legal one. Not possible. That is correct. 1. Change your name legally by filing and paying for a legal name change in court which could take some time and then you'd be out of status because you didn't file AOS. Not recommended. 2. File for AOS as recommended using your legal name. Once approved, file and pay for legal name change as above. Apply for I751 when eligible in two years in a new name with proof of name change. Not recommended. 3. File AOS as recommended using your legal name. Once you become eligible to file for citizenship, apply for it in any name you wish as Cotizenship allows name changes. Recommended. Not possible unless you file late.
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That is correct. A CO-sponsor MUST BOTH: 1. Live with the original sponsor (or joint sponsor) AND 2. Be either a parent, sibling, or child of the original sponsor or joint sponsor. (Any other relative LIVING in the household is not a co-sponsor if they do not meet specific family relationship above. They are a JOINT sponsor instead.) JOINT sponsors do not even have to be related to any sponsor. JOINT sponsors are standalone sponsors while CO sponsors COMBINE (CO=COmbine) their income with OG or Jnt sponsors JOINT = I864 CO = I864A
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RFEs are never sent for stupid reasons. Ensure you are understanding what yours asked of you. The I864 asks for how many kids EITHER of you has to compete the household number question. It doesn't mean how many you have together. I'm assuming that's what you're referring to as your details are scarce as to what form you received an RFE for. Leaving a question blank is not allowed either. Ensure you've read the instructions for all forms. No you should not unless you FILED the form you are referring to online instead of on paper originally. (Paper filed forms are paper filed RFE responses. Online filed forms can be responded to online if an RFE comes). Again, unsure of what form you are talking about as you haven't mentioned it. They may or may not do that and that's none of our business.
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They quoted you the scenario for USCs. Correct. No. Rare to be approved unless you get someone who knows the policy correctly. Yes. If you have an SSNumber, you want a replacement card. Answer yes to the questions regarding a REPLACEMENT card. Your VJ timeline is BLANK. Please fill it out in reciprocity.
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To HER? No. To USCIS? Possibly if she uses public benefits. Pull up the I864 form and reread the few reasons that financial responsibility ends for a sponsor. Divorce is not one of them. In states where there is no legal separation, final divorce date is what is relevant. You are either married or divorced unless a state offers legal separation. The memo as indicated above explains when one can and should apply with D waiver. The language of it clears up the time period inbetween married and divorced statuses. OP doesn't fit criteria to do so at this point. Unless well into the divorce process, it is acceptable to file jointly and amend to a D waiver. Amendment to a waiver can occur at I751 interview even and by then, Final DD should be avaliable. If not available, peti goes into deportation proceedings (which can take years) but can refile with waiver once DD available.
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#1. You need to be divorceD to be approved with D waiver as they will eventually ask for a final DD and when she can't produce, she'll have to refile with a waiver afterwards and will be deportation pending until. Read the instructions of the I751 and the USCIS Divorce waiver Memo (googlable) for the exact reasons why #1 is the way to go. Or you can join an I751 Divorce Waiver group on FB for the discussion.
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Moving this thread to the correct forum as you've posted it in the K1 AOS forum and filing an I130 indicates you are not a K1. It cannot be determined that you ARE a K1 either because your VJ timeline is absolutely blank. Please fill out your timeline now and post in the correct forum in future to both, receive the correct answers and to not confuse other members. Thanks!
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As above, if your DS3025 is marked complete and IS complete nothing further is needed. Submitting a copy of any vaccine records completed after DS3025 completion could trigger an adjudicator inexperienced with the K1 medical redo exception to call for a new I693 by a US Civil Surgeon at a cost of possible more than $1k. I'd leave it out to avoid possible confusion being your DS3025 is marked complete and IS complete as is.
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If your DS3025 is MARKED complete and IS complete, that's all you need (and a PHOTOCOPY of your DS3025 copy should be submitted NOT your original personal copy). Any vaccines received AFTER your DS3025 are personal and have nothing to do with immigration UNLESS your DS3025 is NOT COMPLETE. If DS3025 NOT COMPLETE, then your copy of vaccination record received after your panel physician appoint abroad is useless. It must be transcribed to an I693 by a US Civil surgeon in the US if you did not complete your vaccines abroad and your DS3025 is MARKED incomplete OR IS incomplete. You can learn how DS3025s are supposed to look when complete by inserting that word into the VJ search bar. You can also look up the vaccination policy in the USCIS policy manual for understanding. Explain why you think you need to provide a copy of your recent Covid19 vaccination for clarity.
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Vaccinations are a choice. If you weren't immigrating to the US, you'd choose whether or not to be vaccinated. Other organizations like school or employment in some countries require vaccines too. My issue is not understanding what you aren't understanding because when I ask a direct question I get no response to be able to help you. If you are asking about school vaccines, I can move this post over to a forum where you can get answers about everyday life in the US as an immigrant. I am answering from the K1 AOS IMMIGRATION perspective as that's where you've posted this. I485 instructions state when anyone applying for a AOS would have to submit their medical documents. It also explains the K1 exception to having to do that. Other AOSer who are not K1s OR who ARE K1s who have not completed their vaccinations (which still could be you but you haven't answered clearly) are required to complete a medical in the US by a civil surgeon and to submit an I693. WHEN that is to be done is clarified in the I693 instructions. That MAY BE YOU so after you've examined your DS3025 for completeness and read through the policy manual on how DS3025s are evaluated to ensure yours IS or ISN'T complete, AND determined IF you need an I693 or not, it would be wise to read through the I693 instructions too to know WHEN to complete and WHEN and HOW to submit. As we can't see your records, you're going to have to do the researching.
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Please read the checkbox on your DS3025 for self clarity. First page. Bottom left. "K visa applicant voluntary completed vaccination requirements" will be checked if complete. What you have explained/extra pages (the DS3025 Vaccination record has 2 pages)/disclaimer needing to do more vaccines could simply be a doctor's RECOMMENDATIONS and have nothing to do with immigration. Only your adjudicator will be able to clarify whether your Panel Physician completed the form adequately. They do have guidelines that they must adhere to when judging the PPs ability to fill it out correctly. You can read through those guidelines in the USCIS manual for vaccination requirements. Please also indicate clearer if you are asking about immigration or everyday life living in the US (school vaccinations) so your thread can be moved to the correct forum.
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Also ENSURE the financial data you enter into your I864 MATCH WHICHEVER of the two options of tax documents you chose to submit. That's likely why you got an RFE too. They aren't going to fish through a pile of unnecessary financial documents to figure out where you got your numbers from on the I864. Submit the EXACT documents that you used to fill in the boxes on your form. The LESS proof the better. QUALITY over quanity.