frank1538

David gave some good references, but I'll try to expand on the difference between "household member" and "sponsored immigrant". A "household member" generally is someone who has been living in your residence for at least the last 6 months who is related to you by birth, marriage, or adoption, or is a dependent for income tax purposes. Your household size (and poverty threshold) is determined, in part, with reference to your household members. A "sponsored immigrant", your spouse in this case, is the person for whom you must file the I-864. A sponsored immigrant may also meet the definition of a household member. If you will be using the income/assets of a "household member" other than the "sponsored immigrant" to satisfy the tests, the household member should execute the I-864A. Otherwise, you don't need the I-864A. If you need someone else, other than a household member to satisfy the test, that person should complete another I-864 as a joint sponsor. A special rule applies if your spouse is both the "sponsored immigrant" and a "household member". If the sponsored immigrant is also a household member (married and residing with you for at least 6 months?), you can include his income and assets in determining whether you meet the poverty thresholds . He does not need to file a separtate I-864A or a second I-864 for you to be able to do this. Confused? Yeah, me too. Think of it this way. If you are going to use the assets/income of your husband, just do it. If you need the assets/income of another household member, do the I-184A. If you need the assets/income of someone who is not a household member, do another I-864 as joint sponsor.

Welcome back and welcome to America.

At one time, the Service Centers were very picky about the divorce documents. I remember TSC kicked out a lot of RFEs like there was no tomorrow. Apparently, someone over there didn't like divorce certificates/decrees unless they showed the judge's signature and had the appropriate seal affixed. Maybe someone at your Service Center feels the same way about your marriage certificate. Hopefully you can turn this around quickly and not lose too much more time. But, hey, what's a few weeks in a lifetime of happiness?

I tend to agree that a prior petition should not, in and of itself, cause a problem. There are actually several people on this board for whom the first go around did not turn out as planned, and I believe one fiancee actually came to the US. As David suggests, you want to avoid the appearance of a "serial petitioner", but I would hope that two cracks at the bat does not a serial petitioner make.

whats the website for DynaSky? 160638[/snapback] http://www.dynasky.com

Same here. Just signed up with Dynasky.

Jesse, you probably know more about USCIS security checking than they do. I'd expect the NOA2 to pop out any day now. Good luck.

Jingwen couldn't get through to China last night. The website is up but I can't log in ("maintenance"?).

Hearty congratulations!!!

I am a little confused. When you say she has 11 months to stay in the USA before her visa runs out, are you referring to her conditional green card which is good for 2 years? I assume so since the K-1 visa is only good for 90 days. This suggests that she got married within the alotted time, adjusted her status (2 year conditional green card), but divorced her husband before the expiration of the 2 year period. There are situations that might allow her to remove the conditions and get the normal 10 year green card even though she got divorced. Seeking the advice of a good immigration lawyer is probably the right choice here.

Welcome aboard. Looks like you've got you're bases covered with the possible exception of recognizing the value of a good bag of Cheetos. DirecTV also has Chinese programming, and if you click on the CFL Links at the top of the page, you can navigate to a website that has a selection of Chinese TV on the net. I used TransWhiz in my earlier days, but Jingwen told me it was harder for her to translate my "Chinese" e-mails than my English e-mails, so I stopped using it. Chinese machine translation is notoriously poor, but it can at least get the point across. Jingwen's principal language is the local variation of guangdonghua, but her putonghua is good enough for her to understand my butchered pronunciation. Like many people here, during the wait to get the visa, Jingwen and I developed our version of Chinglish.

Looks like you've already gotten the skinny from Ty - the V visa is only available for the spouse of a legal permanent resident (not a US citizen) and only available if the I-130 was filed before 12//21/00. If you are a legal permanent resident, you will not be able to file for the K-3 visa which is only available to spouses of US citizens. What this means is that, if you are a LPR, you'll be stuck with filing just the I-130. If you are an LPR rather than a USC, your spouse will not be an "immediate relative" and will be subject to the annual limitations on the number of visas that can be issued. I hope you're a citizen rather than a legal permanent resident.

If the divorce decree states that the mother has full custody of the child, I don't think you'll need anything else related to this although others have also provided a permission letter from the ex.. This question was recently asked here: http://candleforlove.com/forums/index.php?showtopic=13167

Oh Hunter, take heed of Cardinal Frank's words regarding the sacrad Cheetos; least he punish you to even more time. 159193[/snapback] Did I say dorritos were better than cheetos? ummm..... I ment to say cheetos were better than dorritos, yeah... really.... hehe. 159364[/snapback] You are forgiven my son.

Actually, the changes switched TO passport/full face pictures. Take a look at: http://travel.state.gov/visa/temp/info/info_1287.html

Thank you so much. This is so helpfull. I am so glad I found this site. Now one more question. Since I am filling for my step child also, Should I treat his application the same, (As far as documents etc.) and should I send both applications together in one packet to the center? Can you please tell me how to do this? Thank's again 159356[/snapback] Just a couple of thoughts. As ty stated, if you are going to rely on the K-3/K-4 visa, you don't need to file the I-130 for the child, but I would recommend that you do so. If you want to use the "dual track" for the child (either K-4 or CR-2/IR-2, you should go ahead and file the I-130 for the child as well. Incidentally, how old is the child? I use the rule of thumb that visa applications (filed by the alien) for children should be treated in the same way as for the parent so that separate applications and supporting documentation would be supplied by them when they actually file, even though it may be redundant. For petitions (filed by the US citizen/resident), I would follow the same rule for petitioning for non derivative visas such as you would do with the I-130. For derivative visa petitions, it is usually sufficient to supply the information for the principal and make sure the derivative is listed. So, if you are going to file the I-130 for the child, I'd probably provide a complete set even if the information is redundant. In filing the I-129F for the K-3/K-4 I think you just have to list the child's name, etc. on the form. This is what I did when I filed the I-129F for Jingwen and the kids (K-1/K-2). Maybe others who have filed for K-3/K-4 can confirm this. As far as how to prepare the submissions, USCIS actually has some guidance on this. Take a look at http://uscis.gov/graphics/fieldoffices/scnational/index.htm and http://uscis.gov/graphics/fieldoffices/scn...nal/index.htm#H

Welcome to CFL. Here's a good overview of the process: http://www.visajourney.com/forums/index.php?pg=guides I agree that filing both the I-130 and I-129F is a prudent thing. On the issue of using a lawyer, that's a personal choice and may well turn on your comfort level. I will say this though. For the vast majority of petitions/applications, a lawyer is not really needed and with so much knowledge on this board, we sometimes end up having to educate the lawyers on the process. Good luck.

Welcome to CFL. This is from http://guangzhou.usconsulate.gov/iv/kvfaq.html : "What documents should I bring to the visa interview? ...Notarial marital status certificate. If divorced before, previous divorce certificates for each marriage are required. If any child from previous marriage will also apply for visa, a divorce decree showing the child's custody is needed." Where the divorce decree was silent, others have used sole custody/permission letters from the ex. The more critical question is how you are going to explain this to your fiancee. Good luck.

Sweet indeed. It makes good sense to push both the I-130 and I-129F through the system. Good luck. It is blasphemous to suggest that Doritos are better than Cheetos during the wait - add fifty days to your processing time as punishment.

Our TSC portion took 6 months. But, there was a silver lining in this. It prepared Jingwen for having to deal with the government once she arrived. Now she no longer complains about how slow the US government is. She just expects it, and when something happens sooner, she is pleasantly surprised.

Gross or adjusted gross income is used to determine whether the thresholds are exceeded: This is from http://uscis.gov/graphics/publicaffairs/fa...eets/affaqa.htm : 18. Which income line from the federal tax return is used for income determination? The line for gross (total) income on IRS Forms 1040 (line 22 in 1996) and 1040A (line 14 in 1996) is used to determine income. The line for adjusted gross income is used for persons filing IRS Form 1040 EZ (line 4 in 1996).

As the others have said, 21 is the age for K-2 - the unmarried child must be under age 21 when the K-2 is issued. But, I believe that the I-485 must also be filed before the child turns 21 (with a minor exception) in order for the "derivative" status of the K-2 to continue. Both my step kids came over on a K-2. One was 19; the other 20 at the time they arrived in the US. We filed their I-485's after Jingwen and I were married and before KK (the 20 year old at the time) turned 21. She received her green card after she turned 21. The I-130 rule is a little different. You can file the I-130 for a step child , but you must have become the step parent before the child turned 18. Here's the post Gene was thinking about that discussed some of the child/step child and 18/21 issues: http://candleforlove.com/forums/index.php?...topic=11771&hl=

Good news and good luck.

No problem with Aetna other than having to give them 000-00-0000 so they could fill the Social Security field in the computer.

I'll take a stab at this. The principal purpose of the AOS invertivew is to validate the marriage as bona fide. Upon the successful conclusion of the interview, the alien's passport will likely be stamped with an I-551 stamp indicating the he/she is now a legal permanent resident. The actual green card will arrive in the mail later - hopefully before the stamp expires (If I recall, the stamp is good for a year). Depending on the length of marriage at the time of the AOS interview, the actual green card will be either a 2 year or 10 year card. If the green card is of the 2 year variety, your spouse will have to file to remove the conditions 90 days prior to the expiration of the card. I don't think a second interview is required. Once the conditions are removed, your spouse will receive a 10 year green card. The I-551 stamp, the 2 year green card, and the 10 year green card are all evidence of being a legal permanent resident of the United States. As such, your spouse will be able to travel outside of the US and return without the need for any advance parole or other document. And, as a legal permanent resident, your spouse will no longer need an EAD.