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Everything posted by Redro
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Congrats! How was the drive home? Did you get her snacks? Did she nap in the car? Did you hold hands the whole drive home. So great to hear she is home safe~
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Paging @Mike E
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Use the family home address. This is the address you knew you could return to at anytime and you had mail coming to that address (if your bank still mails out bank statements like mine does). I assume you had no real ties to the address in the US (mail, bank accounts, a lease). You were vacationing in the US and intended on returning to the UK.
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Here is the list of documents required at the US Embassy in Thailand. It states the petitioner needs to provide evidence of financial support but does not include (at the interview) like other items on the list. You should be fine. But, you might want to doublecheck with others who interview in Thailand to see what they took to the interview.
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Where did you move to after your trip in the US? What was your last address in the UK before you lived abroad? Did you maintain any bank accounts in the UK while you were living overseas/traveling in the US? I used my parents' home address while I was living overseas as my "home base" and used that address for any gaps in addresses on my DS260.
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1. How old are your siblings? You can petition your parents and siblings but they will all be separate petitions. Your parents (depending on the embassy they interview at) will be able to move to the US about 18-24 months after you petition them. The waiting period for your siblings (depending on their age and country of origin will be longer). Currently they are processing petitions from 2007. Check F4 category. Your parents will also be able to petition your siblings if they decide to come over. If they are able to work, they can use their earnings to sponsor them (and the waiting period will be shorter). 2. Which embassy will your family interview at? The Korean embassy requires the applicants take the I-864 and supporting documents to the interview- your family members would then be able to see how much you earn. Other embassies do not require the physical paperwork but instead are fine with the uploaded documents. You are responsible for uploading the documents and once uploaded they cannot be accessed by anyone else as they contain sensitive information. Your family might be able to guess the ballpark of how much you make if they look at the poverty guidelines and know your household size. So, if there are currently 4 members in your family and you are sponsoring one of your parents, they'll know you make at least $44K.
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For specific travel plans... who is the entity paying for the travel? You or your company? Where will you be staying? Do you have specific travel plans? If you are self-sponsoring this might be the reason behind rejection. You should talk to your company about the details of your application: you are traveling for a specific purpose- to meet with your team on specific dates. If the reason for traveling to the US is to frequently go over there to work, they should consider sponsoring you for a work visa...
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How soon after she arrived to the US did she leave to go back to her home country? I’ve read USCIS is aware when LPRs leave the country and this sometimes “pauses” the issuance of the green card if the LPR is not in the country. I’ve read this has happened to several people over the years… calling USCIS won’t resolve the issue as the people working at the call center know next to nothing about individual cases…
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Instructions on I-864 state you can use the immigrants assets if there is a shortfall: Part 7. If your total household income does not meet the requirement, you may submit evidence of the value of your assets, the sponsored immigrant’s assets, and/or assets of a household member that can be used, if necessary, for the support of the intending immigrants. The value of assets of all of these persons may be combined in order to meet the necessary requirement. But, I'm not sure how strict the embassy in SA is, how old the intending immigrant is... and other factors that might impact a request for joint sponsor.
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On one hand, this is great you've been DQ'ed because this means the CO interviewing your mom will make the decision and you don't have to complete another I-864 for NVC review. But, you'll only find out at the interview. You will have to complete a new I-864 with wet ink signature and include your mother's assets. Then you need to show the value of her assets in US dollars and paperwork showing she owns the house, how much the house is worth, and proof you'll be able to move the money to the US within a year. (Moving money out of SA can be extremely difficult sometimes though & you will want to research how to move that money to the US). All that being said, the CO might decide they don't want to accept your mom's assets towards the affidavit of support so I would line up a joint sponsor as your Plan B. I would also schedule your mom's medical now (before her interview date) as that is another factor that slows done the process for SA beneficiaries (There are only 2 doctors and they get booked up quickly). ETA: Don't transfer the money over until after the interview. You can show proof of assets in the SA bank account, you just have to convert the amount into USD.
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Canceling visa
Redro replied to derrickmd18's topic in Bringing Family Members of US Citizens to America
Send a letter to USCIS include the case number. State you are withdrawing the petition. Alternatively wait until the i130s have been approved and pause the process (don’t pay any fees or complete the affidavit of support or DS260s) work on your relationship. Using her children as a bargaining tool might not be the best way forward for your relationship though. You can also consider waiting until your wife becomes a US citizen. Have her petition the children and when they arrive they will be US citizens. Unless you are worried about supporting the children FULL STOP and the i864 is not the main issue. -
Canceling visa
Redro replied to derrickmd18's topic in Bringing Family Members of US Citizens to America
How far into the process are you? Is the i-30 still pending? Has it been approved and have you completed the i864 and DS260? How many children did you petition and how many I-130s did you complete? -
From your telling of your contract it appears you do not have to inform your sponsor of your change in marital status or the fact you are going to adjust status. Unless you want to continue working with your current employer/ sponsor after you receive your EAD I do not see the need to inform them. It would just be a courtesy thing... You can probably continue working until the end of your contract and then wait for your EAD before seeking different employment. I will wait for others more knowledgeable about J1 and their employment practices.
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Adding to this… depending on where you currently live your partner might not be able to drive or go to school until they receive their EAD (permission to work)… and they might have issues getting health insurance through your job or through the exchange. You should research what your partner will be able to do and what you can afford if you live in the US together but you are the only one working and driving for up to one year.
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I’m so sorry to hear your relationship is undergoing difficulties after such a long wait. There should be no impact on future travel or work to the US as long as you left before the 90 days expired.
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You can tell us your plans and intentions… because your English is great and you are writing not speaking… the issue is so many of us think CBP won’t believe your fiancé and she could get into big trouble… you are explaining the situation to us… but will your fiancé be able to explain herself to CBP with her limited English after a long flight? It has the potential to go very wrong if she misspeaks because she is tied and nervous and they think SHE IS planning on staying in the US and marrying you…
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Citizenship trough Vawa
Redro replied to plaviot's topic in Effects of Major Family Changes on Immigration Benefits
VAWA GC holders can apply under the 3 year rule… But, you are not divorced (unless your spouse divorced you in absentia). @plaviot I would check records in the county your married OR in the county your spouse last lived in and then file for divorce if you are still married. -
K1 will take at least a year…. Right now I know you think she will be happy with only staying in the US for 3 months with you after so much turmoil. But, it would probably be cheaper if she started online English classes (consider a 1-1 tutor) she can then start lessons with someone in her home country and continue them until she moves to the US on her K1. You will probably want to have her continue studying English (and she will probably want to improve after her first 3 months). This time apart might seem difficult but it is nothing if you are planning on spending the rest of your life together. Concentrate on getting your business together while she stays in her home country and maybe you’ll be able to leave sooner than your planned 3 months… Be careful about any ceremonies you perform that might be seen as “marriage ceremony” in the eyes of the CO…
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Confusion after interview
Redro replied to Vonvon's topic in Adjustment of Status Case Filing and Progress Reports
Oh… I didn’t realize this was for AOS not K1 interview… you probably have a name that is similar to someone else convicted of a crime.