
Family
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Everything posted by Family
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No, the officer does NOT have discretion at this stage . If there is a current tax year return ( simply backed up by tax return, W-2 and paystub) , that show the Poverty Guidelines are MET ( NO MATTER that number is simply threshold) , those numbers do NOT have to be ABOVE guidelines by any fraction or percentage or dollar amount. Not a penny more is “ required “ . If USCIS wants to argue’totality” , that too will require non discretionary baselines. ..yup, they all have to be spelled out. You know, I love your input and Dang! your generosity with so many posters. Your most admirable quality is the willingness to take USCIS to task, sometimes with humor but always with earnest intent. ‘A storm is A Coming…YOU are one of the few not pulling the ladder for those behind you. ..and I-864 issues are pretty black and white .
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Bingo! Paystub was missing in original post, though even if sent it often happens that these vague /non specific RFE templates are issued….and as an aside assets based I-864 s are a For Sure RFE that always resolve with a concise response and updated states. Rant here..please indulge 😂, but another VJ myth ( not OP s case) is that an owner occupied home’s equity does not qualify. Pure myth …at any stage, consular or US based adjustment…though it often requires back and forth arguments, it IS a qualifying asset.
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You understood correctly. Only CURRENT income is used to qualify, thus only ONE ( most recent tax year for you is 2023) is REQUIRED…be it at adjusting in US or consular overseas. Therefore , it’s ok for you to resubmit a new I-864 , indicate OPTION that you are not submitting 3 years as I assume you did and include once again ALL financial docs : 1. Current paystubs ( cover 3 months ) 2. Verification of Employment Letter ( optional, if you can get it..otherwise don’t stress) 3. W-2 for 2023 4. IRS tax transcripts for 2023 ( free online and usually instant ) 5 Copy of 1040 Federal Tax Return as filed Draft a simple Cover Letter As Response to RFE . Use their own template as guide . State RFE was issued in error as Petitioner /Sponsor meets ALL income qualification criteria and complete financial documentation was originally submitted at filing. Say you are enclosing newly executed I-864 , updated employment and tax records , in an abundance of caution. I confess , I get a mild headache every time I read people propagating the 3 year myth ..just cause some rogue consular officer “ said so” and that person did not push back! ‘Where is @pushbrk when I need an aspirin 😂 ‘Current income is King and rules…
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Yes, I have read the Penny effect on Good Samaritans. Personally, I agree with the jury’s verdict: Not Guilty. That said, the fellow who died was having a mental episode . He was schizophrenic, homeless and long arrest record ..witnesses in link below recount him saying he is “ hungry ..” and will do anything ..even “ go to Riker’s”. A while back, an acquaintance who made a modest living by being an informal mobile mechanic. Tall , white man with some bone aches he laughed off as he dropped to the ground to get under the hood. He had a small beat up pick up truck and would show up on your driveway , or parking lot if one was stranded and tackle anything from alternator, brake , suspension.. I learned he was a veteran and had worked as a mechanic..on the Humvees . He once showed up with his 8 year old son and so I learned that after a long struggle with “ life” he managed to convince family court to grant him sole custody. ..and proudly showed me the big envelope with all the Achievement and Treatment Certificates , letters that persuaded that family court Judge . ‘He was in the process of fighting for a second, younger child from a different relationship. Out of the blue, I got a call from an unknown woman. It was his current girlfriend. She pleaded with me to help as I lived close to the hospital he was at. Apparently he had lost his apartment, had been sleeping in his broken down truck . He missed his VA medical appointments , as VA hospital was over 50 miles away. I got through by phone and briefly spoke with him…he was shouting he was hungry and was pulling out his IV. Hospital said he was “ belligerent “ and they told him they are calling the police . He walked out of the hospital…no phone, no car, no money and it’s a cold-rainy late night. Hospital confirmed his blood tests were clean..negative for street /prescription drugs . .. ‘I called the police and pleaded with them to at least help locate him. A sympathetic officer, a veteran himself , promised to try. I drove out towards ..the vacant land where girlfriend described he kept his truck …I saw him walking. There was no talking to him ..he disappeared in the dark. He was railing at the hospital for not giving him food, four letter word Police and me..and disoriented The officer finally showed up…but he didn’t want to off-road with the cruiser so he left. I left . It rained nonstop that night. A few weeks later, the pandemic hit. ‘I don’t know what happened to this fellow…or his 2 young boys. ..but I know there was no one I could call to help him. ‘’Daniel penny is NOT GUILTY but our mental health system is GUILTY of not getting people help ..’’
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Only question I ask myself is What the Fudge ! is going on with all the bystanders who “watched” passively. Including idiot who filmed and narrated on his phone , instead of trying to help. Human cruelty, be it rooted in mental illness or pure evil …knows no bounds and being sick or deranged does require immigration status. https://nypost.com/2024/02/10/news/coroner-never-saw-homicide-like-lacey-fletcher-woman-found-melted-to-couch/ Coroner ‘never’ saw ‘homicide’ scene like Lacey Fletcher, woman found ‘melted’ to couch: ‘It still bothers me today’ The coroner called to examine Lacey Fletcher after her body was found “melted” in a waste-filled crater in her family’s couch has “never seen a homicide like this” — and is still disturbed by what he saw. Fletcher, 36, was found covered in urine and feces and “fused” to the maggot-ridden couch at her parents’ East Feliciana, La., home in January 2022 — and this week, Sheila and Clay Fletcher pleaded no contest to manslaughter over her horrifying death. https://www.wwltv.com/article/news/local/father-indicted-for-fatal-house-fire-that-killed-his-3-children-pleaded-guilty-da-says/289-6250bb73-ef85-49dd-bd67-3559f77d2a46 Father attacked in court after pleading guilty to killing 3 children in fire The Orleans Public Defender's Office said Washington pleaded guilty to avoid the death penalty. https://www.miamiherald.com/news/nation-world/national/article287273085.html A family squabble spiraled into a double murder when a Georgia father set his car on fire with his children inside, according to the Georgia Bureau of Investigation. Read more at: https://www.miamiherald.com/news/nation-world/national/article287273085.html#storylink=cpy
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Russia..Russia..Russia https://ukandeu.ac.uk/the-romanian-2024-elections-a-test-for-democracy/ the Court’s decision to annul the elections was largely welcomed and was ‘particularly necessary in this case’. The Court underlined that ‘the electoral process for the election of the President of Romania was marred throughout its entire duration and at all stages by multiple irregularities and violations of electoral legislation’. This unique episode also raises some questions on the EU agenda. The documents declassified by the Romanian President underscores the country’s vulnerability as an EU and NATO member in the context of Russia’s war in Ukraine, but also shows that no state is immune to such attacks. It also raises the EU-wide issue of regulating disinformation and imposing stricter obligations on platforms like TikTok.
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He did not have his sea legs 😂…but hot diggidy..with Project 2025 and ready swarm legion…he gonna make your dreams come true , day one. Heck , even with a Matt Gaetz -type sprinkled here and there! Gaetz tried suing ethics committee to block release of naughty boy report…but couldn’t even get the basics right so his court filing got tossed before it could even be considered. https://www.nbcnews.com/politics/congress/former-rep-matt-gaetz-seeks-restraining-order-halt-release-house-ethic-rcna185209
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Holy Mother of ! For a moment I thought you were looking to strike /smite my down 😂. ..! I only have one strike left before being banished. As for title of thread…I humbly point out it was bestowed upon me. 😂book cover was a punny , on return from one of my VJ holidays ..but Humor, Irony and Satire are part and parcel .
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The upcoming changes noted by the 3 lawyers are strictly the 2.0 version of the policies put in place ( via more than 400 executive orders on immigration ) on the 1st round. This time with the control of the trifecta Branches and Supremes, a great deal more will become reality. Will need to watch Jim again…he is still the only one I know that has real callers on camera . ‘Where is @Rocio0010..when I need her for tips on liveliest episodes 😂
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Adjustment of Status from DACA
Family replied to Carlitos4life's topic in Deferred Action for Childhood Arrivals (DACA)
You can add the AP ..and make sure to include copies . It’s ok to hand write additional info, but don’t crowd fields, so a better option is to put additional info on last page of form Make a complete copy of ALL forms /docs exactly as filing …and since you have not sent it in yet…try doing the I-130 ONLINE. They will process everything faster as they are pushing hard to ho all digital. You upload evidence of joint life . ‘Once you successfully do the online I-130 . you get an immediate case # , so print receipt and include w i-485. It counts as concurrent filing And you MUST complete the I-864 W w proof of SS credits -
Adjustment of Status from DACA
Family replied to Carlitos4life's topic in Deferred Action for Childhood Arrivals (DACA)
Assuming typo and you meant I-485 Do not send in I-765 W worksheet is only for DACA….so only I-765 w a C 09 category. ..and make sure you do not say “renewal “ ..even though you may have current work permit w DACA. Make sure you have sealed medical exam (I-693) Yes, send everything and the kitchen sink to prove up your marriage…even if assets /liabilities are owned solo, statements should reflect shared address. -
Naturalization for VAWA Derivative Child Beneficiary
Family replied to curios's topic in US Citizenship General Discussion
The qualifying relationship ( parent -child) was established at the VAWA derivative grant and subsequent LPR adjustment. It makes no distinction between biological and step child …as long as the derivative minor met the criteria and immigration definition of “ child” ( parents marriage before child turned 18) as @Demise brilliantly points out. So, yes, s/he can apply under 3 year rule with you. https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-6A. Children Subjected to Battery or Extreme Cruelty In general, the spouse of a U.S. citizen who resides in the United States may be eligible for naturalization based on his or her marriage under section 319(a) of the Immigration and Nationality Act (INA). On October 28, 2000, Congress expanded the naturalization provision based on a family relationship to a U.S. citizen. The amendments added that children of U.S. citizens may naturalize if they obtained lawful permanent resident (LPR) status based on having been battered or subjected to extreme cruelty by their citizen parent.[1] 1. Eligibility for Special Provision A child[2] is eligible for naturalization under the spousal naturalization provisions[3] if he or she obtained LPR status based on: An approved Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360) as the self-petitioning child of an abusive U.S. citizen; An approved Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360) as the self-petitioning child of an abusive LPR, if the abusive parent naturalizes after USCIS approves the petition;[4] An approved Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360) as the derivative child[5] of a self-petitioning spouse of a U.S. citizen who was battered or subjected to extreme cruelty by a U.S. citizen spouse;[6] or Cancellation of removal where the applicant was the child of a U.S. citizen who subjected him or her to battery or extreme cruelty.[7] -
Oh dear! Not at all. I was trying to bring a smile to both of us as there was indeed confusion between what you intended and what i pieced together from your previous post. Stay and keep posting . Enjoy your research am happy to withdraw
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Adjustment of Status from DACA
Family replied to Carlitos4life's topic in Deferred Action for Childhood Arrivals (DACA)
1. You need to submit I-864 W along with PEBES report/record from Social Security that shows 40 credits . 2. If a biological parent is listed on your birth certificate, then copy that name. If only one parent is listed and you don’t know the other parent or any details, then put UNK ( unknown). Do not leave blanks ..try using either N/A or UNK 3. ULP is ok as you are immediate relative 4. put DACA 5. You can do Unkn 6. YES you did enter without inspection which means without being “ admitted “ , this was the 1st entry. 7. Say NO to 245(i) question -
😂 Ah..I see! “asking for a friend “ certainly clears that up.
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A woman in a hot-air balloon is lost, so she shouts to a man below, "Excuse me. I promised a friend I would meet him, but I don't know where I am." "You're at 31 degrees, 14.57 minutes north latitude and 100 degrees, 49.09 minutes west longitude," he replies. "You must be a Democrat." "I am. How did you know?" "Because everything you told me is technically correct, but the information is useless, and I'm still lost. Frankly, you've been no help." "You must be a Republican." "Yes. How did you know?" "You've risen to where you are due to a lot of hot air, you made a promise you couldn't keep, and you expect me to solve your problem. You're in exactly the same position you were in before we met, but somehow, now it's my fault."
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CSPA Age
Family replied to valkyri3's topic in Bringing Family Members of Permanent Residents to America
CSPA calculations on linked site does show he should be F-2 A..but their cut/copy function is disabled , so write it out and reference your format when you contact NVC ..and looks like VJ itself won’t alllow link to site..so GOGGLE is your friend for sourcing a calculator 😂 https://www.***removed***/cspa-calculator/# -
You are reading too much or too little into your research. Am assuming you are attempting to coagulate an argument that K-1s going through ROC should not have the same burden of bonafides as other conditional residents. .. Previous posters have correctly addressed that issue , same rules apply to all conditional residents ( repeatedly , politely and gently 😂) whether you accept it or not..your call. Don’t clutter your RFE response with baseless claims. Instead, put your focused effort into responding in excruciating detail to every point in your RFE. Go to town on THAT verbiage , stand your ground and declare under oath This is How WE choose to manage our LIFE, all finances . I know you explained it to them at time of original filing , now do it again with abundant minutiae and detail: who pays for what , show receipts and cross reference account statements. It’s OK that you have separate accounts, assets and liabilities..but show they ALL go to shared residence and in your statement ask USCIS to accept your evidence and clarification OR schedule an person I-751 interview for you and wife so that you may have the opportunity to demonstrate the validity of your marriage. OH, and PLEASE be nice to all who engage in your posts…they are not the adversaries / bad guys😂..even criticism is helpful.
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1. You are right about the 90 days as presumed intent .. ( only immediate relatives adjusting in US have an all clear) so do your school transfer and secure I-20 first 2. Prioritize F-1 status and transfer ( not I-130) in place before new administration starts restrictive policies 3. After you’re all clear w school, on I-130 you need to select Consular process , not adjustment in the US …first because priority date is not current and your future status when it will be current is a hypothetical, second to align w I-20 that you will return to home country. 4. When filing date or PD becomes current, revisit the immigration landscape and determine then , IF you can file adjustment. I-130 w consular designation won’t be an impediment. …