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Old Feb 16th 2009, 12:00 pm
  #16  
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Default Re: Spouse visa

Originally Posted by koolguy
yeah, I think I am not going for K-3 anyways...

I got married in India.

I am about to get my Australian citizenship in few months time so I want Aussies citizenship first.. In mean time, hopefully i will get my USA visa...

I got one more question in my mind... At present, I am holding Indian passport and by the time I get my USA visa, I might get my Australian Passport ... Will it create any issue or not ?

Thanks guys for your great support...
That should not create any issues that I know of.

Rene
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Old Feb 16th 2009, 1:38 pm
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Post Re: Spouse visa

i hope so ...
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Old Feb 16th 2009, 10:14 pm
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Post Re: Spouse visa

Any of you guys have any information related to form I-864? I have already started filling out this form so whenever I get response from immigration, I can submit this form without any delay... I've few confusion in this form so wondering if you guys have any material related to this, would help me a lot...

Someone could tell me which form do we need to fill out for interview ? Can you give me form number please ?

As we have got case number from immigration, I have checked status on the website and it say that it can take up to 6 months to process I-130... I belive I-864 wont be that long enough to process..

thanks...
Sam.
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Old Feb 16th 2009, 11:03 pm
  #19  
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Default Re: Spouse visa

Originally Posted by koolguy
Any of you guys have any information related to form I-864? I have already started filling out this form so whenever I get response from immigration, I can submit this form without any delay... I've few confusion in this form so wondering if you guys have any material related to this, would help me a lot...

Someone could tell me which form do we need to fill out for interview ? Can you give me form number please ?

As we have got case number from immigration, I have checked status on the website and it say that it can take up to 6 months to process I-130... I belive I-864 wont be that long enough to process..

thanks...
Sam.
Hi Sam,

You don't fill out the I-864. Your USC wife fills that one out. She can go to www.uscis.gov, Immigration Forms, and find I-864 and I-864P there. She should carefully read the instructions and start filling out the form. The instructions are all very detailed, and all questions regarding how to fill out I-864 are there.

What is your confusion with this form?

I'm not sure what you mean by your last sentence. Yes, it could take up to six months for the I-130 to be approved...or it could be less. When the I-130 is approved, the USC will receive correspondence from NVC, one of which is the request for the I-864. She cannot submit the I-864 until NVC asks for it.

Rene
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Old Feb 16th 2009, 11:04 pm
  #20  
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Default Re: Spouse visa

Originally Posted by koolguy
Someone could tell me which form do we need to fill out for interview ? Can you give me form number please ?
Check the US Embassy website where you will be having your interview. They usually list the forms needed for the Immigrant Visa interview.

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Old Feb 17th 2009, 5:17 am
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Default Re: Spouse visa

Originally Posted by koolguy
... I belive I-864 wont be that long enough to process..
I believe you are confused. The I-864 takes about 5-10 minutes to 'process'.

After the I-130 is approved (about 6 months), the case is forwarded to the NVC/National Visa Center. They will begin your visa application including collection of DS-3032, DS-230, I-864 and all your civil documents.
Then they'll schedule your interview.

This link has details;

Instructions for Immigrant Visa Applicants
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Old Feb 17th 2009, 10:01 am
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Post Re: Spouse visa

I know that my wife needs to fill out I-864.. She is filling out but I am also checking that form as she has few problem with some questions...
I though that if we have any example of that form then i can have a look and solve that question...

Nyways I will ask you guys that question here and hopefully you will solve it soon...

Yeah I am not sure about I-864 process...
as meauxna mentioned in the response that I-864 hardly takes 5-10 mins that means my wife will have to organise an interview with immigration once I-130 form gets approve.. and if I-864 is fine then immi approve that form on the spot...

am i right ?

thanks,
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Old Feb 17th 2009, 10:42 am
  #23  
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Default Re: Spouse visa

Originally Posted by koolguy
I know that my wife needs to fill out I-864.. She is filling out but I am also checking that form as she has few problem with some questions...
What are the problems? Which questions?

I though that if we have any example of that form then i can have a look and solve that question...
It's hard to put up an example of that form, because everyone's case will be so different from one another.

Nyways I will ask you guys that question here and hopefully you will solve it soon...
Sure, no problem. What's the question?

as meauxna mentioned in the response that I-864 hardly takes 5-10 mins that means my wife will have to organise an interview with immigration once I-130 form gets approve.. and if I-864 is fine then immi approve that form on the spot...am i right ?
The person reviewing the forms at NVC just checks to make sure all the required documents are there. They might do a pre-approval which gets it over to the officer at the embassy. It's actually the officer doing your interview who has the final authority to approve the I-864. Your wife does not organize the interview...NVC does that, when all the documents are at NVC.

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Old Feb 17th 2009, 10:43 am
  #24  
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Default Re: Spouse visa

kg,

I-864 is not something to be approved. It is something that summarizes a person's financial situation so as to demonstrate whether or not that person has adequate resources to house, feed, and clothe an immigrant so as to keep that immigrant off the public dole after the immigrant arrives in the USA.

It is one of several factors that goes into determining whether or not the visa applicant qualifies for the visa.

Regards, JEff


Originally Posted by koolguy
I know that my wife needs to fill out I-864.. She is filling out but I am also checking that form as she has few problem with some questions...
I though that if we have any example of that form then i can have a look and solve that question...

Nyways I will ask you guys that question here and hopefully you will solve it soon...

Yeah I am not sure about I-864 process...
as meauxna mentioned in the response that I-864 hardly takes 5-10 mins that means my wife will have to organise an interview with immigration once I-130 form gets approve.. and if I-864 is fine then immi approve that form on the spot...

am i right ?

thanks,
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Old Feb 17th 2009, 10:48 am
  #25  
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Default Re: Spouse visa

Originally Posted by jeffreyhy
kg,

I-864 is not something to be approved. It is something that summarizes a person's financial situation so as to demonstrate whether or not that person has adequate resources to house, feed, and clothe an immigrant so as to keep that immigrant off the public dole after the immigrant arrives in the USA.

It is one of several factors that goes into determining whether or not the visa applicant qualifies for the visa.

Regards, JEff
Maybe a better word would be "accepted", rather than "approved". It's up to the officer at the visa interview to accept the I-864 or not. At that time, Samir will be told whether he needs to provide more documentation for the I-864, whether he needs a joint sponsor, whether the I-864 is accepted as is, or whatever the outcome might be.

Rene
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Old Feb 17th 2009, 12:31 pm
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Default Re: Spouse visa

Originally Posted by koolguy

Yeah I am not sure about I-864 process...
as meauxna mentioned in the response that I-864 hardly takes 5-10 mins that means my wife will have to organise an interview with immigration once I-130 form gets approve.. and if I-864 is fine then immi approve that form on the spot...

am i right ?

thanks,
Here's a brief outline of the Immigrant Visa process.

The USC submits I-130 and its attachments. You have done this.
Wait 4-6 months for approval of the I-130.
Case is forwarded to the NVC/National Visa Center & visa application begins.

NVC contacts beneficiary (you) & petitioner asking you to select an 'Agent' (form DS-3032).
NVC sends Agent I-864 fee bill. Agent pays
NVC sends I-864. Petitioner completes and returns to NVC.
NVC sends visa fee bill. Petitioner pays.
NVC sends DS-230 + civil document instructions. Agent gathers & returns.
NVC sees that everything is in place, declares "case complete" and assigns interview date.

Beneficiary interviews. Documents are given final review by Consular Officer who approves or not.
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Old Feb 17th 2009, 1:52 pm
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Default Re: Spouse visa

Rene,

Maybe, but it's really the Sponsor who is 'accepted' as having adequate financial resources or not?

The point I'm trying to get at is that the public charge requirement is just one of several requirements that must be met to qualify for an immigrant visa. It's one of several components of the visa application process, not a process unto itself, and the I-864 is the required piece of paper that documents compliance with the requirement (or not). Much as a police certificate is required to demonstrate compliance (or not) with the good moral character requirement, and various documents can be used to demonstrate compliance with the bona fide marriage requirement (in the case of marriage-based visas).

Regards, JEff


Originally Posted by Noorah101
Maybe a better word would be "accepted", rather than "approved". It's up to the officer at the visa interview to accept the I-864 or not. At that time, Samir will be told whether he needs to provide more documentation for the I-864, whether he needs a joint sponsor, whether the I-864 is accepted as is, or whatever the outcome might be.

Rene
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Old Feb 17th 2009, 10:19 pm
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Post Re: Spouse visa

hi,

My father in-law is also sponsoring me along with my wife... Does he need to fill out I-864 form only or he needs to fillout any other form too... I am bit confuse about this thing...

Also, my wife's father is sponsoring me so is that be okay or it will weaken my case... My father in-law has his own business so I would prefer him to sponsor me along with my wife.

Please give me your thoughts..

Thanks,
Sam.
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Old Feb 18th 2009, 12:08 am
  #29  
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Default Re: Spouse visa

Originally Posted by koolguy
Also, my wife's father is sponsoring me so is that be okay or it will weaken my case.
You seem to think that having a joint sponsor is somehow a bad thing and reflects poorly on you. It doesn't. USCIS doesn't care. All they care about is whether or not the joint sponsor is qualified to *be* a joint sponsor. Even though your wife is your sponsor, if she doesn't qualify financially, you need a joint sponsor. That's all there is to it. It's not a bad thing!

Ian
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Old Feb 18th 2009, 1:16 am
  #30  
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Default Re: Spouse visa

Originally Posted by koolguy
hi,

My father in-law is also sponsoring me along with my wife... Does he need to fill out I-864 form only or he needs to fillout any other form too... I am bit confuse about this thing...

Also, my wife's father is sponsoring me so is that be okay or it will weaken my case... My father in-law has his own business so I would prefer him to sponsor me along with my wife.

Please give me your thoughts..

Thanks,
Sam.
Do your wife and her father currently live in the same house together? If so, this can be done a couple of ways. If your father in law lives with your wife, he can do an I-864A and just contribute his income on her I-864. If he lives separately from your wife, he will need to do his own separate I-864.

It's OK to have a joint sponsor, in fact if your wife does not qualify by income or assets, having a joint sponsor is the only way to go.

Remember that your father in law, being self-employed, cannot use the BUSINESS income on the I-864. It must be his own PERSONAL income.

Also remember that your father in law will also need to provide the required backup documents...proof of USC or LPR status, proof of income, and his most current tax return.

Rene
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