carmel34

Best advice I can give you is to focus on your education, technical training, anything you can do in the next 2-3 years while waiting to become qualified in a career field. This will significantly improve your job prospects and pay once you arrive in the US. Maybe ask your parents in the US to help you financially with your education in the DR. Good luck!

11 degrees yesterday morning in Atlanta. There were crazy power surges at our house in the early hours around 6 am, many appliances not working, lights very dim, power on but weird things happening. No heating system. Electric company finally came at 11 am and discovered a corroded connection in the main panel that was causing the problem. It also explained the flickering lights and strange power issues over the last year and half, since buying the house. Full power restored at about 1 pm yesterday, heat finally on after the temperature inside fell to 40 degrees. This morning heading to the gym it was 5 degrees outside. This is not normal at all for the South. Thankfully things will warm up in the next few days to 60 or higher. Now we're talking about a move to Brazil in the coming years. Tropical weather sounds very good right now. Stay safe everyone!

Did you include recent paystubs and a letter of employment for your current job with your initial I-864? Did you include your assets on that same I-864? Using assets is only risky if they cannot be easily/quickly converted to cash. It is much better if the assets are already cash in a bank account. Using the cash value of the equity in a home that you own, for example, is not as liquid as savings or investments. Equity in a home or car are also weak assets to use because you need a place to live and transportation to get to and from work. If you have evidence of significant cash savings, and your current salary is well above the minimum, I would suggest doing a new I-864 with the assets and documentation to show that they are liquid, and also include the last six months of paystubs from your current job and a letter from your employer confirming your annual salary, and send all of that in response to the RFE. If your current income is marginally higher than the minimum, and/or if your assets are not liquid, then I recommend finding a joint sponsor in response to the RFE.

Your spouse should get a response to the I-130 petition very soon if you've been waiting 9 months already. The advantage of returning to Canada (Montreal) for the spousal visa interview is that you will be able to enter the US as a lawful permanent resident (LPR), and will be immediately able to work in the US or travel back to Canada as needed for short visits. If you choose to stay in the US on your current visit and file an adjustment of status package, you won't be able to leave or work for a very long time. It's your choice at this point, but consider very carefully all the pros and cons before making a decision. Good luck!

OP filed an I-485, I-765, and I-131 in April following marriage to a USC, was out of status before that. OP received EAD in November and is still waiting for AP. I-485 is pending (From OP's previous posts.)

You received an NOA, I-797C back in April for filing the I-485, which is proof of your authorized stay until the I-485 is adjudicated, so you are not illegally present in the USA. You can get a driver's license in the State of Georgia with the NOA I-797C for the I-485, plus your foreign passport. Georgia calls it "lawful status," and your status of authorized stay is lawful because you have a pending I-485. See attached for the official list from the Georgia Department of Driver Services. Ask for a supervisor, show them the list of documents from their own website, and point out that an acceptable document is an I-797C for a pending I-485 adjustment of status application. Real ID Non-U.S. Citizens 122021.pdf

This comment plus your earlier questions about a limit on the number of I-129F petitions that a USC can file make me wonder if you are really committed to your current relationship. If you are a world traveler, and your current attempt fails, you would be looking for a third country where you can both live together, to be with this person that you say you love. If you submitted the documents regarding your many years old criminal background when you filed for your ex-spouse 15+ years ago, you should either find them in your files or get them the same way you did last time. No need for an attorney if you in fact got the documents before on your own. Respond to the RFE, and give them exactly what they are asking for, or the petition will be denied. Finding a solution to the visa interview in Russian problem, whether in another country or with a translator, should be the least of your worries right now. Send them the documents they requested, nothing more, nothing less. Good luck!

If you're at the NVC stage you still have lots of time before the visa interview, depending on the embassy/consulate and the backlog there. If you start your new job in the US in January, and your husband's visa interview is in February, March or later (very likely), it may be enough to satisfy the officer if he takes evidence of your new job and current income (letter from employer stating annual salary, plus recent pay stubs or similar). Ultimately, a decision will be made by the officer at the interview, based on the totality of the circumstances. Current income is the most important, and you have time to build a case for that. Some members here on VJ will recommend that you find a joint sponsor in case they ask for one at the interview, with an I-864 completed with supporting financial documents, to be ready if needed, but it's up to you. Good luck!

Do what you decide to do, it's your life after all. Sounds like you still have doubts about the marriage. This is really more of a marriage and relationship issue than immigration. If you really love him, go back and try to salvage the marriage. If it doesn't work out, you can file for divorce, move into your own place anywhere in the US, get a job, and submit the paperwork for a 10-year green card with a divorce waiver. Or, you could decide to go back to the UK. I would not stay in a bad marriage thinking that it would be easier to apply for the 10-year green card, because it isn't true. Start to compile lots of evidence that you entered into the marriage in good faith--shared finances, property, utilities in both names, joint IRS tax return statements, etc. You have options, do what is best for you. Good luck!

Your husband can add you to his VA health insurance by completing form VBA-21-686c. No green card is needed to do so. https://www.vba.va.gov/pubs/forms/VBA-21-686c-ARE.pdf Your husband can complete the form online. He can contact a VSO for assistance as indicated on the form. More info here: https://www.va.gov/find-forms/about-form-21-686c/

Is she getting treatment for her condition? If not, you have plenty of time for her to find a good psychiatrist and a good therapist for diagnosis and care before the medical exam. She should take documentation of her treatment to the medical, so if asked, she can show it to the doctor. Depression/anxiety can be treated successfully with the guidance of good health professionals plus effort on the patient's part. Hopefully you have good health insurance in the US so she can continue treatment after arrival. Sometimes moving from one country to another exacerbates depression/anxiety. Good luck!

Congratulations, great to see this update! By the way, your patience with the long ROC process was an inspiration to all of us.

The process for a non-Brazilian citizen or resident to marry a Brazilian in Brazil is a long and bureaucratic headache. I did it, so I'm very familiar with how to do it, prior to filing an I-130 petition to begin the CR-1 spousal visa process. You will need to get all US civil documents such as your birth certificate and divorce decree (if any), apostilled by the state in which it was issued (a hassle and expense) before you go to Brazil in February, and take them with you. Those documents will then need to be translated in Brazil by an official translation service that is recognized by the Brazilian government (more time and expense). Once all the civil documents are ready, you and your intended spouse will go to the local cartorio where you want to get married and fill out a marriage application and both sign it. After that is done, there is a one or two month waiting period before you can actually get married. If you will be in Brazil for at least 3 months, it may work out. If not, I suggest doing a Utah Zoom marriage while you are in Brazil, as it is fast, simple, and much cheaper. Feel free to DM me. Good luck!

I would recommend that you use an express delivery service like FedEx or DHL to get the requested original documents to the embassy, from both your parents and you, so that the documents arrive before the second interview in 6 days. Include a photocopy of the originals as well. Hopefully your father will get the originals back at the interview. If the requested documents do not arrive until after his interview, it could delay a decision even more. Your father should email the completed DS-5535 as soon as possible, today if he can. For many, a DS-5535 request leads to a long, extended administrative processing, so be prepared for that and hope for the best. Find a qualified translator for the interview. Good luck!

This isn't a DIY case. An experienced immigration attorney, who has filed and been successful with I-360 situations should be consulted for legal advice.

I researched this question last year and asked a tax accountant for advice. The IRS considers adding a spouse to a deed as a gift, 50% of the market value of the house. For situations where both spouses are US citizens, there is a very high lifetime maximum, $12.06 million for 2022, that is exempt from the gift tax, so unless your house is worth more than $24.12 million there is no gift tax to add a spouse to your deed. However, if a US citizen adds a non-US citizen spouse to the deed, the gift tax exemption is only $164,000 in 2022. So if your house is worth more than $328,000, there will be a gift tax, and you should ask a tax accountant for advice. We decided not to add my husband to the deed on our house because it is worth much more than $328,000, and the tax liability would be in the thousands of dollars. See below for more details from the IRS, form 709 instructions. https://www.irs.gov/pub/irs-pdf/i709.pdf

I'm not an expert on an exemption of the meeting in person requirement for a K-1 because of cultural/religious reasons, but in reading through this thread, the whole concept doesn't make sense. Theoretically, even if the exemption was approved by both USCIS for the I-129F petition and then later by the consular officer and a K-1 was issued (both seem unlikely), how would the beneficiary be able to travel to the US and marry their intended husband/wife without meeting each other in person prior to marriage? Would they have to live separately and never see each other until the moment of the ceremony? I'm genuinely interested in how this would work if anyone knows.

Correct, enter the date you last left the US. USCIS case processing time is 2 months for an I-407. I would file by mail per the I-407 instructions. Leave it blank or write "N/A."

If you selected Part 6., Item Number 2. that you are self-employed, you should have completed one of the following forms with your Federal income tax return: Schedule C (Profit or Loss from Business), Schedule D (Capital Gains), Schedule E (Supplemental Income or Loss), or Schedule F (Profit or Loss from Farming). You must include each and every Form 1040 Schedule, if any, that you filed with your Federal income tax return. Total income is the correct number, not AGI. Did you include Schedule C? For self-employed sponsors, the most recent tax return is what they use to determine if the sponsor's income was below the minimum, hence the RFE. This is because self-employed individuals can say whatever they want in a letter of employment regarding "current" income, but it is not relevant because what counts is the tax return plus schedules showing how the self-employed income was calculated at the end of the year, and yes, they will review everything to make sure it was done correctly and that the income was not overstated. I recommend a qualified co-sponsor.

Looks like finding a different financial co-sponsor will be another issue that you need to figure out.

It's up to the CBP officer at the port of entry. They could be allowed in with no issues, or they could be let in but their case sent to an immigration judge (takes years), where they would need to present evidence that they did not violate the terms of their LPR status. An attorney would be a good idea in that case.

An SSN will make no difference, good or bad, when applying for immigration benefits. Many foreign students on F-1 student visas get SSNs for example, so that they can work on campus. If they later go through the process of applying for an immigrant visa, having an SSN will not influence the IO's decision one way or the other.

This is likely the issue in your case. Spend more time together, as much as you can, document everything, get married, and then start the spousal visa process by including all of that evidence. If you can't spend much time together, in person, you will have a difficult time convincing the immigration officers that your relationship is bona fide. Some evidence of financial co-mingling, as much as you can get while living in different countries, would help immensely as well. Many others in your situation have been successful with a spousal visa, but it takes time, work, and effort. Patience will help as well. Good luck!

As a Canadian citizen, you should be ok, it will be up to the CBP officer. Just make sure you are completely honest when asked the purpose of your visit and how long you plan to stay. A short trip of a few weeks for tourism would likely not be a problem. Are you going to the US to visit a boyfriend/girlfriend? How long do you plan to stay?