KevinNelson
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Posts posted by KevinNelson
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We finally got all the required documents online for my stepson (post-21 but still single). Does anybody have any idea what is currently happening for family immigration visa interviews at this point?
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When filling out the I-864 and I-864A, the amounts I should put for income confuse me. We are married, filing tax returns. Should I mark in:
- I-864 Page 5 Part 6 #24
- I-864A Page 2 Part 4 #2
the same numbers/dollar amounts?
My wife is the sponsor for the I-864. I am the "household member" required to get the income over the top, so I am filing the I-864.
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Your choice - it's not clear that the earlier returns would help, but they wouldn't hurt either, especially if they indicate a more stable source of income.
Ironically, my last one is a conglomerate of 8 different W-2s... I'm a substitute teacher registered with five different school districts and my wife left two jobs part-time jobs in January of 2019 to take on more substantial hours at a job started in 2018.
However, I can't send a 2019 Tax Return Transcript because Covid-19 has killed the ability of the IRS to produce such documents for the time being. I'm told they won't be doing that until mid-July or later because we had to pay taxes.
Do you think it is worth getting an immigration lawyer involved because of how convoluted the political situation has become? I'm afraid of failure... in which case my 6-year marriage may also fail.
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Item Number 13. Sponsor’s USCIS Online Account Number (if any). If you (the sponsor) have previously filed anapplication, petition, or request using the USCIS online filing system (previously called USCIS Electronic ImmigrationSystem (USCIS ELIS)), provide the USCIS Online Account Number you were issued by the system. You can find yourUSCIS Online Account Number by logging in to your account and going to the profile page.
I have tried looking for a USCIS number there. We have filed three applications over the past six years, all of which show up on the system. But the profile page does not list a number. Is it possible that number system is being phased out?
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Situation: We are petitioning for my step-son to finally come over. We have waited five years... and assuming politics doesn't go south on us, we hope he will be here by Christmas.
On the I-864 (where my Chinese wife is the sole petitioner) and I-864A (which I have to file to up the income and because we filed joint taxes), our combined income is roughly $45,000 for 2019. Ironically, spite the economic closure, we might have a higher income this year (but mostly through independent contracting work). But for 2018, it was roughly $30,000, and for 2017, only about $7,000. (I was a full-time graduate student in 2017 through early 2019.)
So, should we try to get by on just 2019's income alone, which is well above the 125% poverty rate, or should we do all three of the most recent tax years?
Thanks
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I'm a bit confused here. What is the USCIS number? I have seen a LOT of numbers being used, such as the Social Security number, the A(lian) Number, and Receipt numbers. The space on the I-864 form has room for 12 digits (part 4, #13). Does every immigrant have such a number? Is it at all related to the A-Number? It does not seem available at https://egov.uscis.gov/casestatus/logon.do, nor in any documentation we have received.
Thanks
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Table B proved to be the correct one. We just received notice my step-son's application was accepted!
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My wife now has her permanent green card, and we have been married for nearly six years. My step-son's I-130 has just been approved, and we are awaiting the formal letter from USCIS for the next steps.
Unfortunately, the coronavirus has had both of us unemployed since February 3 and return to any normalcy here in California doesn't look like it will happen for a few more months (or more). Both of us were planning on going to China anyway to bring our son to the United States once everything has been approved.
I do need a visa for China. I should have one anyway since my step-parents are both in their 80's. Question is this: I do not live anyway near any Chinese embassy. In the past, I used a Chinese visa service, but that was many years ago, and I forgot which one it was. Most likely, I'll get a Q2 visa, though if we stay in China for any length of time, I might want to change that later.
We do not have a definite date for going to China, which seems to be a problem for some types of Chinese visas.
Any recommendations on a visa application service?
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I ended up using Xoom for a transfer of $1500. My wife's phone (using a phone number in China) gave a text message the money was in her Bank of China account only about 30 seconds later. Ironically, it took my bank two days to acknowledge the withdrawal.
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Has there been any updates on this issue to this point? Do people coming into the States right now have to prove they have insurance before their interview?
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The wording in the Shusterman page seems to simply be a carryover from when it was split up into two tables.
You can file according to Table B. The visa numbers become available - i.e., action taken - according to Table A.
Filing "early" in that way allows them to process the application beforehand - before his visa number is available, but so that it may be awarded when the time comes.
So are we supposed to get a letter from the USCIS sometime soon after the date on Table B stating what documents are needed before the decision date?
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Anyone try using Xoom? It seems as if the dollar to RMB is competitive and the cost per transaction is quite low... but really not sure.
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I need to know the best, most efficient way to send dollars to China. We specifically want to send several thousand dollars. A lag of a few days is no problem. We want the money to remain denominated in US dollars. (Any cons to that? Exorbitant exchange fees later?)
I had one set of idea, she has another, and we're both at odds about those, since it seems difficult to get direct answers from the services and nobody in our rural area in the States has experience sending money anywhere other than to Mexico.
My wife was told by Bank of China to use an app.. which doesn't work.
TIA
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The suspension on the Presidential Proclamation is for only 28 days. It started November 3rd... That court order expires December 1st. It was "never in effect" only because the court halted the proclamation before November 3rd. Unless we see further court action this week, or on December 1st, we will be on a roller-coaster.
I suspect we will see a far more reaching restriction on that declaration this week. But I would like to hear about it happening first, before merely assuming it will happen. Most likely this will be affected by some of the stuff the Supreme Court is looking at right now.
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An interesting case came up locally with immigrant Chinese we know from Taiwan. The son was born in Taiwan, but came over at an early age. He is a bit of mess. He has had a green card for nearly two decades. He is in his late 20's. He applied for citizenship. About three weeks before his citizenship interview, he was involved as the driver in a DUI crash. His application for citizenship was denied. That was also about three weeks ago. His parents immediately got an immigration lawyer, but we still do not know what the final verdict will be. Will he be deported? Will he keep his green card? Will he be allowed to legally remain in the States?
You would need to know the details of his case. Googling it only got news articles from Taiwan for me.
Deportation vs. Inadmissibility After a DUIThis is entirely local, with the interview having been done somewhere in northern California. No news will likely hit the papers on this case, since it is a loss of face to those involved, and the people are personally known to my wife.
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Shusterman's immigration bulletin that came in today stated, "For the month of November 2019, the USCIS announced that they would let applicants file for Adjustment of Status using the Filing Dates Charts rather that the Final Action Dates Charts. Stay tuned for USCIS’s announcement for December." https://www.shusterman.com/statedepartmentvisabulletin/
My step-son is in China. My wife has always maintained that because he is not in the United States, chart A applies. This notice from Shusterman seems to imply that chart B may apply.
I like chart B better... but it will put more stress on us getting ready to have him here potentially six months earlier.
What is your take?
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An interesting case came up locally with immigrant Chinese we know from Taiwan. The son was born in Taiwan, but came over at an early age. He is a bit of mess. He has had a green card for nearly two decades. He is in his late 20's. He applied for citizenship. About three weeks before his citizenship interview, he was involved as the driver in a DUI crash. His application for citizenship was denied. That was also about three weeks ago. His parents immediately got an immigration lawyer, but we still do not know what the final verdict will be. Will he be deported? Will he keep his green card? Will he be allowed to legally remain in the States?
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Public charge is taken into account on citizenship, and if denied, the green card is then vulnerable to revocation. The tone is that the administration, in much the same way they handled banning Muslims by banning Muslim predominant countries from being allowed in the country, are moving to challenge the original decision on the 2 year LPR....
To clear up a misunderstanding... President Obama had originally set up the ban on those countries, and President Trump simply restated it... then people claimed President Trump was discriminating against Muslims. Wrong.
Next point: All of us who have spouses from China had to have our spouses background-checked, in China by Chinese officials before they could apply for their greencard. All the countries that President Obama first singled out, then President Trump re-announced bans on, at that time did nor have functioning governments with functioning legal systems with functioning police forces capable of providing credible certification of individuals from those countries being law-abiding citizens within their own countries. The fact that most of them were primarily Muslim countries was secondary to the point they had no functioning internal security mechanisms to show that travelers from those countries were law abiding citizens.
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Judge blocks Trump rule requiring prospective immigrants have health insurance
WASHINGTON (Reuters) - A federal judge in Oregon ...
Judge Michael Simon in U.S. District Court in Portland, Oregon, granted a 28-day temporary restraining order that prevents the rule from taking effect on Nov. 3. The legal challenge against it will continue....
As I have researched this, all the defendants are Hispanic. There are several organizations with the same name supposedly doing legal work on behalf of the Hispanics.
Does anybody know who is doing what? Considering that Chinese are not politically-cherished minorities (as contrasted to those who illegally cross the Mexican boarder or who are either of African-American or native-American descent), I have no idea how this thing will play out. Any additional word?
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Kevin, you need to just wait and see how it all comes out in the wash. If you are uncomfortable with what you may find yourself committed to when the time comes, perhaps you will need to postpone the interview until you are more comfortable.
My stepson is in China. What flexibility is there in China once we get the notice for him to come? Six months? Three months? a year?
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This whole thing is really stressing out my wife and me.
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But again, wait and see. The proclamation states only that the intending immigrant be able "to demonstrate that they will be covered by health insurance within thirty days of entering the country".
I don't think there's any possible way that they will be required to show a purchased plan.
Then, once they are in the country, I don't think that there is any possible way that this proclamation will still apply. They will NOT be able to change Obamacare eligibility requirements.
The proclamation does NOT address insurance requirements once you are in the country, except for the "within thirty days of entering the country" stipulation.
If you really want to purchase insurance in advance, purchase a short term traveler's insurance policy, and then wait and see what he will be eligible for when it comes time to renew.
This policy needs a LOT of shaking out to be done, beginning with the interview, and exactly what you will be expected to show.
"Sec. 3. Implementation and Enforcement. (a) An alien subject to this proclamation must establish that he or she meets its requirements, to the satisfaction of a consular officer, before the adjudication and issuance of an immigrant visa. The Secretary of State may establish standards and procedures governing such determinations."Have you ever heard of consular officers being within the United States?"(vii) a visitor health insurance plan that provides adequate coverage for medical care for a minimum of 364 days — or until the beginning of planned, extended travel outside the United States;"Is 364 days "short term" to anyone here? -
Actually, the proclamation directly states that allowable health plans are "(ii) an unsubsidized health plan offered in the individual market within a State;" This excludes any Obama-plan health insurance, which is practically the only type offered to anybody earning less than $70,000 per year. Every commentator has called attention to this fact.
I don't see how this excludes all Obamacare plans. Anybody who is legally present in the US, regardless of income, who does not qualify for premium-free Medicare, is allowed to get an Obamacare (marketplace) plan, although some will qualify for subsidies (premium tax credits) and some will not. Those who get Obamacare plans who do not qualify for subsidies are clearly getting an "unsubsidized health plan". Those who get Obamacare plans who do qualify for subsidies can, I believe, decline to claim the subsidy, so it would be "unsubsidized".
The problem will be this: "What is a subsidized plan?" ACA is clearly a subsidized plan that even heavily advertises as such. They are always emphasizing how much you are saving through government subsidy each time you go through the annual enrollment process.
Only unsubsidized plans will qualify.
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I agree with Randy. The entrance officer has wide leeway to make determinations but they must be grounded in regulatory mandates, albeit all are written by blindfolded monkeys. (Believe me, I had to work with them. Government "regulations" publications are so poorly written as to be useless.) It usually turns out that the officer makes his own determination. If it goes bad for you, I advise being ready with a lawyer. I had one and we almost sued.
I seriously doubt those regulations will stand up in court by the time your son hits the border. Just be ready, as Randy says, to demonstrate how he will be insured.
According to how the proclamation is worded, my stepson will not have the opportunity to step up to the border. He will have to show his ability in China, probably in Shenzhen. The entrance officer does nothing more than check for the visa.
My wife and I will have had to purchase the insurance before he sees that officer, then we will have to pay until he gets his own job-based insurance or student insurance.
I don't know about you, but when I filed my tax return last year, I had to file for evidence of insurance. When the United States dropped its mandate, the State of California decided it will impose its own mandate: insurance will still have to be minimally proven through the state tax return.
So, how would they know my stepson didn't have health insurance? Two ways: His first visit to the emergency room which causes us to lose everything, including him through deportation, or through living in California.
Change of American address prior to Guangzhou interview
in General Visa Discussion & First Steps
Posted
I'm wondering how to change the address recorded in the DS-260 for my stepson. He'll be having his interview soon. During the seven years we have had to wait for the interview, our American address has changed. I can't find any USCIS phone number to call. I haven't been able to use https://ceac.state.gov/IV to change the address either. Any suggestions?