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Everything posted by beloved_dingo
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Perhaps OP is from Texas so they were using that as a comparison? That if the wife had committed the same crime in the U.S. it would have been considered a petty offense? To OP - I understand you want to be in your wife's country with her and that her support helps you. But it sounds like it also causes it's own host of issues (the lack of work and mental health services). I think you need to accept that being separated from your wife for a period of time is going to be necessary for this process. Also...just food for thought. Making your wife basically 100% responsible for your mental health is not good for the relationship. I know you both want to be together. But you need to look at the big picture regarding her immigration journey AND your relationship. Perhaps being back in the U.S., getting treatment for your mental health issues, and working again would actually benefit your relationship greatly in the long run?
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Just want to add that a) income requirements increase every year based on the HHS poverty guidelines and b) the K-1 income requirements are not as strict, with 100% over the poverty guidelines being acceptable, but for AOS and the I-864, at least 125% is required. The I-134 for the K-1 is also not enforceable, whereas the I-864 is. We have also given guidance to people here on VJ repeatedly that having at least 125% at the K-1 stage is advisable, to help avoid income issues at the AOS stage. So for example, for 2023 you need to make at least $31,075 for a family of 3 to satisfy the requirements of the I-864. In contrast, if your K-1 was processed in 2021, you would have only needed to make at least $21,960 to satisfy the requirements of the I-134. If your income is below (or very close to) $31k and you have no joint sponsor - the advice here is correct. You need to increase your income ASAP. It seems like you disagree about the decision regarding your income, based on your initial response to the RFE. What assets did you try to use to qualify? What is your actual income?
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How to handle these situations is regularly a topic of debate and discourse here because separating from your spouse puts you in a gray area as far as immigration goes. Perhaps answering a few questions can shed some light on the best advice for you: Is the relationship definitively over? Or are you both willing to work on the relationship (therapy, trial separation, etc.)? Is there a timeline for when you plan to move out? If the relationship has broken down to this degree, why hasn't divorce been discussed yet? You aren't sure if your spouse will cooperate with your continued immigration process but would she at least be willing to write an affidavit regarding the validity of your marriage? Can you get an affidavit from her parents regarding the living situation? (if so, I would do this ASAP before you move and/or they become uncooperative). Basically, my take is that if you are both still working on the marriage, then you leave USCIS out of it unless you reach a point of no return and divorce is inevitable. However, you will still have to file the AR-11 within 10 days of moving to a new address. You need to be very proactive to gather every scrap of new and ongoing evidence of your bona fide marriage in the meantime. On the flip side, if your relationship is over and irretrievably broken, it would be best to file for divorce ASAP. How quickly can you get divorced where you live? It varies quite a lot from state to state. You can switch to a divorce waiver. Just so you know, you will almost certainly receive your 10 year green card. Even if the worst case scenario happened, and your jointly filed I-751 was denied, you can refile with a divorce waiver (or with another joint petition, if the relationship improves and the marriage continues). Something to keep in mind though - you very likely will need to file for citizenship under the 5 year rule instead of the 3 year rule regardless of how this plays out, unless your marriage miraculously recovers and you don't move out. Citizenship is also one reason why you need to be careful/diligent with how the I-751 is handled, because you don't want to be suspected of misrepresentation or fraud.
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Your situation isn't unusual but it puts you in an "everything but the kitchen sink" scenario where you need to provide every scrap of evidence you can pull together. Some pointers and other ideas for things to provide: For the photos, put them into a Word doc where you can add a description (we did 4 to a page). In the description, put the date, location, and names of everyone in the photo. For evidence of trips together, include any reservations, tickets, confirmations, etc. that show your names. Are you both on the same car insurance policy? If so, use the policy documents listing both of your names Are you both on the same health insurance? If so, provide proof Do you have any joint memberships? Gym, Costco, etc. Are you on the same mobile phone plan? If so, provide proof Are you listed as beneficiaries on any accounts (retirement, life insurance, savings account, etc.)? If so, provide proof Have you received any invitations or cards addressed/written to you both (wedding, holiday, etc.)? If you are each other's emergency contacts for work, school, doctor, etc., see if you can get documentation of it
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Spouse of a U.S. citizen trying to get a B-2 visa
beloved_dingo replied to Mingtao1's topic in Tourist Visas
The purpose of an I-130 is essentially for family re-unification inside the U.S. The petitioner has to establish domicile (or show adequate evidence of "intent to establish domicile") before the interview. Usually this involves the petitioner moving back to the U.S. beforehand if the petitioner is currently overseas. -
@Mike E is My Favorite VJ Contributing Member..Who is Yours ?
beloved_dingo replied to Family's topic in General Polls
Gonna go with @Crazy Cat for this one -
Where do I get the W2/1099? [split thread]
beloved_dingo replied to sc_queens's topic in National Visa Center (Dept of State)
If they are asking for these, that means they want ALL schedules that were used when completing your tax return (1040). As already stated, a W2 comes from an employer. If you did contract work, you may have also received 1099(s) from any company you contracted with (this often includes gig work). -
EAD approved but pending Green Card
beloved_dingo replied to Mirella PS's topic in Tax & Finances During US Immigration
You are a resident alien, not a nonresident alien. Though the wording doesn't really matter - your are authorized to work. Filing jointly was the correct choice. -
I agree with others - try the ESTA first and if denied, apply for the B2.
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If you did not send any other evidence of meeting in person, then yes this would likely be a problem. One of the main requirements for the K1 is meeting in person within the previous 2 year period. USCIS has no way of knowing whether photos were taken 1 day ago or 5 years ago. And honestly, it wasn't a good choice to only send pictures regardless. Adding dates with the photos helps, but additional evidence to substantiate that you were actually together on those dates is better. Passport stamps are considered one of the best evidences of meeting in person. Then you can also include boarding passes, hotel reservations, etc. (whatever is relevant/applicable to your situation to prove you spent time in person).
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He can reapply but there's really no point in doing it right after he was denied. Then it will just look kind of desperate. Perhaps he could reapply after he is actually married, as that would at least be a chance in his circumstances and be a stronger tie to home than a fiancé. Having family in the U.S. will always be a hurdle though. It increases the odds of someone overstaying their visa.
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BPD is a very, very difficult mental illness to struggle with. I have a family member that suffers from it. This is not addressing the immigration aspect, but the thing about BPD is that the person suffering from this condition must be willing to get therapy/treatment/etc. and admit that they have a problem if there is any chance for a happy, healthy relationship. Unfortunately, these are 2 massive hurdles for those with BPD, because they are often in denial about their condition and any effort from loved ones to encourage treatment is often met with feelings of betrayal from the person with BPD. This issue is compounded in your situation, because it sounds like her family is enabling her and you are the only voice of reason. Therefore, you become the "bad guy" and lose every time. Mental health issues are not the fault of the person suffering from those issues, but they still have to be held accountable for their actions. BPD causes extreme issues with emotional regulation (or more like, emotion regulation is simply non-existent). They cannot help these extreme emotions, but they must learn that their actions still have consequences. You have spent very little time in person with your wife, and she has already displayed extremely concerning behavior towards you. Threatening to hurt herself (throwing herself out of a car), calling 911 on you, throwing tantrums - these things will only continue to escalate if she is not willing to get help. You do need to spend more time in person if this relationship is going to continue, but I strongly encourage you to be very careful and make sure to protect your own wellbeing while you decide what to do and see if your relationship has a future. This may include documenting episodes she has, especially if they involve threats of harm (to herself or others). I wish you well going forward. I hope your wife is able to get help.
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There is no benefit to the K1 over CR1 now. Things were different 6 years ago.
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