Blog Layout

Youtube: How To Change The Address Of An I-864 Sponsor

fickeymartinez • Jul 12, 2016

An I-864 Sponsor, Household Member, Joint Sponsor, and Substitute Sponsor, must always update their residential address with USCIS. This requirement lasts as long as the sponsored immigrant is a lawful permanent resident. To change the address, a sponsor must file an I-865 form. The AR-11 Change of Address form is meant for many other forms, except the I-864 Category of forms. The form is free to file, but may take 30 minutes to complete. If you have questions, speak with a local immigration attorney.

I-865 Explanation Video

All to often, my past clients will call for clarification of this form. Although I am unable to submit the form for them, I hope this video will be helpful. Enjoy!

If you have any questions or concerns, please feel free to call Fickey Martinez Law Firm at (910) 526-0066 or email us at  attorney@fickeymartinezlaw.com.

RELATED POSTS:

 

Disclaimer:  This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Service Areas for Fickey Martinez Law Firm

Fickey Martinez Law Firm, P.L.L.C. happily serves the following locations: Beaufort, Beulaville, Burgaw, Chinquapin, Elizabethtown, Fayetteville, Goldsboro, Greenville, Havelock, Hubert, Jacksonville, Kenansville, Kinston, Lumberton, Magnolia, Maysville, Morehead City, Mount Olive, New Bern, Pink Hill, Raleigh, Richlands, Rose Hill, Seven Springs, Surf City, Swansboro, Trenton, Topsail Beach, Wallace, Warsaw, Whiteville, Wilmington, the surrounding counties: Onslow County, Pender County, Carteret County, Duplin County, Jones County, Lenoir County, Craven County and Carteret County, and the armed forces of: Camp Lejeune, MCAS Cherry Point, MCAS New River, and Fort Bragg.

By Franchesco Fickey Martinez 06 Mar, 2024
This is a simple breakdown of the amount someone pays on their federal income taxes. Math isn't everyone's strong suit, but income and profit need to be understood at a basic level. For starter, when most hear the term "tax bracket," they immediate thing of percentage of taxes they will owe the IRS at the end of the year. Numbers or percentages like the following fill the imagination: 10% 12% 22% 24% 32% 35% 37% If someone earns $100k a year, they fear the 22% tax bracket because that is $22k of $100k. However, simply put, the tax bracket operates is steps or phases. For example, in 2024, a Married Couple that has a household income of $100k, would see the following tax brackets: The first $23,200 would be taxed at 10% (i.e. $2,320) The next $71,100 of income up to $94300 would be taxed at 12% (i.e. $8,532) The next $5,700 (to make $100k) of income up to $201,050 would be taxed at 22% (i.e. $1254) So, the overall federal income tax would be $12, 106 versus the general belief of $22k at 22%. Another example may be helpful, but this time a married couple that that has a household income in 2024 at $250k. The bracket breakdown would be as follows: The first $23,200 would be taxed at 10% (i.e. $2,320) The next $71,100 of income up to $94,300 would be taxed at 12% (i.e. $8,532) The next $106,750 of income up to $201,050 would be taxed at 22% (i.e. $23,485) The next $48,950 (to make $250k) of income up to $383,900 would be taxed at 24% (i.e. $11,748) So, the overall federal income tax would be $46,085 versus the general belief of $60k at 24%. A visual may help understand the bracket layout:
By Franchesco Fickey Martinez 09 Feb, 2024
Sometimes, our pets are like our family. They are our best friends, there are always eager to see us, and they are a part of our family since their birth most of the time. The thought may pop into your head: what is going to happen to my beloved pet when I pass? Is a friend or family member going to take care of them? Are they going to go to the pound when I pass and eventually be put down? In NC, this worry is very common and a law was created to support and address this concern: N.C. Gen. Stat. § 36C-4-408 A "Pet Trust," also known as a "Animal Care Trust," allows for the pet owner to set up the means to care for their pet (dog, cat, snake, bird, lizard, fish, turtle, guinea pig, rabbit, chicken, rats, hamster, horse, etc.), throughout the pets lifetime and then whatever remains from the trust, can be directed to someone else or a charity. The first focus on considering a pet trust is: who do you trust to take care of the pet? and, who would you trust with money after you are gone? A close friend or family member are ideal people to appoint for administering the trust funds. The second focus is how much do you want the trust to cover? A Pet Trust can cover all of the following: Daily food for the pet Daycare costs of boarded for the day or during long vacations Groomer fees Dog or obedience school fees Veterinarian fees even, cremation and funeral services In North Carolina, a pet trust can be set up affordably and be set up in many different ways. The most ideal way is the set it up while alive, so you know all of the details on how the pet will be cared for after your passing. How do you get started? Contact an estate attorney to review your assets, liabilities, and overall retirement plan. The estate attorney can explain the process, assist with creating the trust, they may act as your trustee or help in trustee selection, and explain insurance policies and your ultimate goals. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
By Franchesco Fickey Martinez 08 Feb, 2024
Setting up a trust to take care of your Spouse, Children, and even Grandchildren is quite easy. A Life Insurance Policy is capable of funding a trust when someone passes. A million dollar term life insurance policy may be as low as $100 a month, and a $5 million term life insurance policy can be as low as $300 a month. A common scenario: A husband wants to make sure his wife and child are taken care of, if he was to pass away over the next 20 years. A trust can be created, instructing on how the wife is taken care of, how the children are taken care of, and whether the wife or children receive the remainder of the insurance policy after so many years or after the wife passes away. An insurance trust (aka Irrevocable Life Insurance Trust or ILIT) can be set up today, to be the game plan for tomorrow or sometime within the term of the life insurance policy. Why use insurance to fund the trust? Cost and security. A million dollars or 5 million dollars is extremely difficult to save. Saving thousands of dollars EACH MONTH is not common or possible for most households, and to keep that saving habit for 20 years in order to save millions of dollars, is not feasible for most. If you saved or invested 1k (about 100$ a month) a year at 6% in the stock market or funds, after 20 years, that investment may be around $40k. By comparison, if you have a $1 million life insurance policy paid to the trust, and the insurance payments were $100 a month, if you passed away, the insurance would create that $1 million savings in the trust. The Insurance Premium is possible, the amount is able to be budgeted, and it is generally available for most household income levels. The insurance would create some security. Should I get a new Life Insurance or can I use an old one? There are pros and cons to old insurance. Similarly, there are pros and cons to new insurance. For old insurance policies, the premiums may be lower, but they usually are named to an individual and not initially to a trust. There are some tax considerations when "updating" old policies and directing them to a trust. For new insurance policies that initially name the trust, the tax considerations are reduced, but normally at the cost of higher premiums (as premiums tend to increase the older one is and due to health matters). Should I get Term Life Insurance or Whole Life Insurance? A mixture of both is not a bad thing. A High Term Life Policy would mean more security while you are younger. If you outlive the term life policy (yay living), the Whole Life Policy would still grow and mature. The mixture of both would mean the trust would remain funded. Now, while you are younger, there is an argument for a higher policy. While young, you normally have: Mortgage Payments Car Payments Credit Card Debt Student Loan Debt Medical Bills Tuition for children You may also have: Higher income producing job The money needed to pay the premiums for a Higher Policy are more accessible when younger. Additionally, since debts are generally higher when young, the High Policy may be able to pay off debts and provide a more secure lifestyle for the loved ones. To Note: A Whole Life Policy generally has higher payment premiums. As an example, a $1 million term policy may have a monthly premium of $100, but a $1 million whole life policy may have a premium of $800-$1200. Who pays the Insurance Premiums and Who owns the Policy? The Insurance trust (aka Irrevocable Life Insurance Trust or ILIT) would own the insurance policy, subject to the life of its creator/grantor. Since the trust owns the policy, the trust would have to pay the insurance premiums. The creator/grantor would need to make sure the trust has sufficient capital to pay the premiums. The trust receives money by its creator/grantor gifting the trust the money (essentially filling its wallet with some capital), and the trustee (the person who will help the trust act when you have passed away) would make sure the payments occur annually. How do you get started? Contact an estate attorney to review your assets, liabilities, and overall retirement plan. The estate attorney can explain the process, assist with creating the trust, they may act as your trustee or help in trustee selection, and explain insurance policies and your ultimate goals. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
By Franchesco Fickey Martinez 06 Feb, 2024
A rental usually takes one of three forms. First, it may be a prior home that you lived at, and due to moving, or change of circumstance, or due to opportunity, you moved to another home, but you decided not to sell your first property due to rising property values, sinking property values, possibly a good interest rate on the loan, sentimental attachment to the property, or maybe there was a possibility that one day you would return to that home. Second, you are an individual that views properties as, a form of investment. Third, you are a business, which is similar to an individual, and might be what the individual investor becomes once they collect 2 or 3 or 4 or 10 or 20 rental properties. All of these forms hold the rental property as an income producer. A rental property can be a retirement plan, it can be an investment, it can generate cash flow; however, as most landlords know, a rental can also be a liability. Why set up a trust to manage one or multiple rental properties? Safety. If you have ever had the pleasure of being sued by a tenant, maybe it was a counter lawsuit from an eviction, maybe it was from damage to the rental property that the tenant performed, maybe it stemmed from an accident by a third-party. The owner of a property, the landlord, is able to be sued. Lawsuits carry financial risk. Risks SHOULD be reduced and mitigated wherever possible. A trust is essentially the creation of a new legal entity, "a paper clone" of the landlord. The trust would receive its own FEIN number (a ss# equivalent), the trust would be listed as the owner and some fashion, and the trust can determine what liabilities of the landlord Should be left open to. A trust is a tool that helps create safety. Who can set up a trust for rental property purposes? It is recommended to have an estate attorney set up the trust, the ancillary businesses, possibly be the trustee, and hire a property management firm. This description alone summarizes essentially the creation of three or four invisible barriers between the landlord and the tenant/rental property. The rental property should be free and clear of any loans, as loan providers would not generally permit trusts. Loan providers want to hold the landlord personally liable for the debt on the property, and they would not agree to a trust and its invisible barriers. However, if a landlord owns 100% of the equity, the landlord can deed the property to their trust clone for zero dollars. Although there are templates and packages that can be purchased online, the old adage comes to mind: you get what you pay for. What about a virtual lawyer that was found online? That could be compared to a magic trick, whenever a problem arises: Now you see me, now you don’t. Although, invisibility might be a superpower rather than a magic trick. Again, you get what you pay for. If you pay for a local attorney that has a brick and mortar location, very unlikely that they brick and mortar can disappear when a problem arises. The local attorney would charge more than the few-buck template online or the super cheap virtual lawyer, but they are less likely to be a risk or liability, and more likely to be considerably helpful and a barrier to help promote the landlord financial safety So, how does a trust remove the landlord from the equation? Simple, the landlord is the person or entity on the deed. The trust name would appear on the deed versus the landlord name. The trust name should not match the landlords name, such as John Smith named their trust John Smith Realty Trust, as to help differentiate property ownership. Also, if there was a lawsuit, the landlord personally May Not be able to be named, if a few other things occur. For instance: The rental property has a property management company that is the face and rent collector of the operation A business owns the rental property and that business is owned by the trust An estate attorney is acting as the trustee, being the signature on behalf of the trust If I am no longer the landlord, and my trust clone becomes the owner, what happens to the income and profit? The beauty of a trust is that it is a clone of the landlord, and it follows the guidelines or instructions that it was given when it was created. Put another way, the trust will act like a robot, and will do what it’s creator decided. For instance, a simple set up would be the trust was created to own the property and receive the remainder of any rent checks after the property managers fee. 50% of the profit can be paid to the original landlord once a month as a direct deposit to a personal bank account. The remaining 50% is to be automatically placed into a high yield savings account under the trust. From that account, the trust can withdraw from it once a year to pay property taxes and income taxes. The remainder is to stay in the high yield savings account to pay for any unexpected repairs on the rental property. A more complex set up could introduce CDs, stock ownership/investment, purchasing a certain amount of gold and silver, even purchase more land or rental properties either by cash or by loan. As an investment, the complexities can grow to, as much as can be imagined. The catch, once the robot is created, the instructions of what to do are given, the original landlord may not, or should not be able to alter the set up, as to avoid future risks and the liabilities. After all, the goal is safety. Is a trust able to help the landlord with their taxes? Possibly, it depends on how much money is placed in the landlord’s bank account, as that would be calculated as income attributed to the landlord. In and above example, 50% of the income remains in the trust bank account, and 50% distributed to the landlord, the 50% distributed to the landlord would be counted as the landlord income, and 50% that remain with the trust, would be included in the trust tax return. Even clones need to pay their taxes, but there is a major benefit, the bracket of the clone would likely be much lower than the tax bracket of the human landlord. The trust is able to provide security, but also allow the landlord, through a trust, to maintain or build wealth.  Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
By Franchesco Fickey Martinez 19 Jan, 2024
The common questions regarding USCIS Processing time estimates on the USCIS Online Account are as follows: Why does the USCIS Online Account Estimate differ from the public USCIS Case Processing time Estimator ( https://egov.uscis.gov/processing-times/#mainContent )? Why does the USCIS Online Account Estimate jump from a few weeks to a few months to a few weeks? The USCIS Online Account Estimate stated progress expected in 1 week, and that was a month ago? Is the estimate correct? Yes and No. Yes, for a small percentage of times. No, for almost everything else. Over the last decade, USCIS has used many metrics to estimate their processing time. The current measure is to pick a few cases, and use the start and end time of the case, including fast cases with slow cases, including cases that were filed correctly with cases filing incorrectly, lacking needed information, lacking needed documents, lacking eligibility. The case sample creates the estimate, which may coincide or may be incorrect. This approach may be considered a "processing time methodology." USCIS also has used a different approach cased "cycle time," which breaks the case into individual cycles, like pre-background check and post-background check. From a third-party opinion observing this online system since its use beginning in 2019, generally the USCIS Case Processing time Estimator ( https://egov.uscis.gov/processing-times/#mainContent ) is more realistic and the USCIS Online Account Estimate is idealistic or not the common timeline. It is common for people to follow the countdown timer and then when it hits zero, they become confused and concerned. In my book or my opinion, that is a sign that the estimate is not correct, or an error. It could be off by a few days, a few weeks, and even a few months. The Public USCIS Processing Time Estimator located at https://egov.uscis.gov/processing-times/#mainContent is more accurate, updates weekly and monthly, and states that a good average or 80% of cases happen within a certain period of time, and at a specific USCIS office. The 100% estimate can be found lower in that same page, signifying the longest possible amount of time. People rarely have similar questions and concerns regarding the Public USCIS Processing Time Estimator ( https://egov.uscis.gov/processing-times/#mainContent ). If you process around the 80% timeline or 100% timeline, you generally see movement. If a case passes the 100% time estimate, you can contact USCIS and USCIS will respond with a possible reason for the delay or can provide comfort that helps reduce worry or concern. How can I make my case move faster? USCIS Processes in the order received. First come, first serve. Expedite requests are performed rarely and on a case-by-case basis. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
By Franchesco Fickey Martinez 04 Jan, 2024
SELF-PROVING AFFIDAVIT THE STATE OF NORTH CAROLINA COUNTY OF ONSLOW BEFORE ME, the undersigned authority, on this day personally appeared: Testator’s Printed Name ________________________________________ First Witness’ Printed Name ________________________________________ Second Witness’ Printed Name________________________________________ known to me to be the Testator and the witnesses, respectively, whose names are subscribed to the annexed or foregoing instrument in their respective capacities, and, all of said persons being by me duly sworn, the said ________________________________________, Testator, declared to me and to the said witnesses in Testator’s Printed Name my presence that said instrument is his Last Will and Testament and that he/she had willingly made and executed it as his/her free act and deed; and that said witnesses each on his/her oath stated to me, in the presence and hearing of the said, Testator, that the said Testator had declared to them that said instrument is his/her Last Will and Testament, and he executed the same as such and wanted each of them to sign it as a witness; and upon their oaths each witness stated further that they did sign the same as witnesses in the presence of the said Testator and at his/her request; and he/she was at the time eighteen (18) years of age or over and was of sound mind; and that each of said witnesses was then at least fourteen (14) years of age. Signature of Testator ________________________________________________ Signature of First Witness ________________________________________________ Signature of Second Witness ________________________________________________ SUBSCRIBED AND SWORN TO BEFORE ME by the said Testator, and by the said First Witness and Second Witness, on this the _______day of ___________________________, 20_____. ______________________________________________ [Official Seal] Notary Public Signature Commission Expires: ______________________ Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
By Franchesco Fickey Martinez 11 Dec, 2023
The topic of Co-sponsor Withdrawal may be prompted by many different reasons, such as: the Co-sponsor may have lost a job or source of income the Co-sponsor may have a medical condition that is now consuming a lot of their disposable income the Co-sponsor may have started to receive Social Security the Co-sponsor's spouse may have passed or has new financial obligations the Sponsor may have broken up, seperated, or divorced the immigrant the Sponsor may have passed away the Immigrant may not be pleasant, may have cheated in a marriage, or may no longer be a good fit for the Sponsor Whatever the reason, the topic of sponsorship withdrawal comes to mind. The short answer is: everything depends on timing / when to withdraw. The longer answer is as follows. Can you withdraw sponsorship during the I-485 Process or before an Immigrant Visa is approved? Generally, Yes, you may be able to withdraw prior to a Green Card being issued. The reason it is possible if for the fact that another co-sponsor may still be able to be located. There may be some limitations, for some following situations: A Fiance was married, an I-134 was completed prior to the K-1 Visa being issued, the Spouses married and started the I-485. The I-134 may hold the Co-sponsor liable even during the I-485 process. A Co-sponsor submitted an I-134 for a Parole Program (Cubans, Haitians, Nicaraguans, Venezuelans, Ukrainians, etc.), a spouse is able to apply for Adjustment of Status after entry. The I-134 may hold the Co-sponsor liable even during the I-485 process. Can you withdraw sponsorship AFTER the I-485 Process or Immigrant Visa is approved? No, withdrawal after a Green Card is issued is not possible. Some argument can be made for situations where the underlying Relationship was fraudulent. Example being: A spouse left the Sponsoring Spouse immediately after receiving a Green Card. A complaint to USCIS may prompt a fraud investigation, which may re-examine the Green Card Filing and may prompt a Deportation Court proceeding and removal of the Green Card. If the Green Card is removed/canceled, the sponsorship and co-sponsorship would cease as well. This is not a normal scenario, but anything is possible. When does Sponsorship naturally end? The I-864 commitment ends in one of the following scanrios, which were notated in the I-864 before signing: The Immigrant becomes a US Citizen, which can be in 5 years, 3 years, and even much sooner under some special military/government statutes. The Immigrant pays 40 quarters to Social Security, which could occur in 10 or more years. Essentially, the Immigrant held employment consistently for 10 years could end the Sponsorship Commitment. The Immigrant is Deported. The Immigrant Abandons the Green Card, normally by leaving the US for more than 1-2 years or submits the Green Card to Customs at the border or at a US Embassy or US Consulate Abroad. The Immigrant passes away, that ends the contractual sponsorship.  Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
By Franchesco Fickey Martinez 07 Dec, 2023
This post is designed for the following non-immigrants: F-1/F-2 Student Visa Holders that have a bachelors in Education J-1 Public School Teachers or their J-2 dependant that have a bachelors in Education B1/B2 Tourist Visa Holders that have a bachelors in Education Or, someone who aims to be a school teacher in the US There are two main ways a foreign national can acquire a teaching position in an elementary school, middle school, or high school within the United States, and they are: (1) J1 Exchange Visa and (2) H-1B Employment Visa. However, many schools and teachers overlook the possibility of an R-1 Religious Worker Visa for Teachers at a Private Religious School. If you'd like more information on the H-1B visa option for Teachers, click here: https://www.fickeymartinezlaw.com/h1b-visa-for-teacher-and-professor What does the R-1 Visa Require? The R-1 Visa requires 3 basic requirements. First, the School must be connected/a part of the religious organization. For instance, a catholic or christian school that is immediately next to the catholic or christian church shows proximity. If the Priest or Preacher has a managing role in the school, the students have frequent contact in church programs (i.e. mass or sermons), and the bookkeeping of both entities are managed jointly, a strong connection is formed. Second, the Teacher must be a believer of the denominational belief for a minimum of 2 years immediately before applying for the teaching position. Proof of attendance and beliefs would be required. Third, the Teaching Position must involve some elements of the religious belief into the educational curriculum. Is the R-1 Better than H-1B? R-1 Visas are simpler processes. They also experience considerably less competition since it is religious focused. If you meet the religious belief requirement, and the school is a private religious school, then the R-1 Visa would likely be a better choice. However, if the school has been actively looking for a teacher to fill a position, the H-1B may be more beneficial as it allows for more teacher applicants (meaning a teacher from a different denomination / or a teaching position that does not have an element of religious curriculum can possibly be hired). In summary, a teaching position at a religious private school has options and it is important to know what some of those options may be. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
By Franchesco Fickey Martinez 01 Dec, 2023
This guide is for the US Citizen that is trying to fully understand what are the immigration options/processes. If you have a Venezuelan Spouse or Fiance, this Guide will cover the most common topics and questions. What are the Immigrant Options: There are two common immigration options: Adjustment of Status since in the US after entering with a tourist visa, student visa, or Venezuelan Parole, and The CR-1/IR-1 Spousal (Immigrant) Visa since abroad For Adjustment of Status, USCIS will require the Venezuelan Spouse to have "status" within the United States and be otherwise eligible to immigration. For a marriage to be recognized within the US and Abroad, USCIS will heavily review relationship proof. A breakdown on how to prove a relationship to meet Immigration Standards can be seen here: https://www.fickeymartinezlaw.com/immigration/adjustment-of-status/joint-bona-fide-documents-how-to-start-meeting-the-uscis-i-130-evidence-requirement-for-a-marriage/ Additionally, for any immigration process, the US Government will require proof of Financial Stability. In a nutshell, the US Government needs to review the past 3 years of income, and confirm the past and current income is over the Federal Poverty Level Guideline (link to the guideline found here: https://www.uscis.gov/i-864p ). The Government will normally require: IRS Tax Return Transcripts for the past 3 years (Guidance found here: /immigration/how-to-request-your-irs-transcript-helpful-guide-to-acquire-this-commonly-requested-immigration-supporting-document/ ) 1040 Tax Return Form for the past 3 years W-2 and/or 1099 for the most recent year 12 months of Paystubs or proofs of income Since everyone’s income situation may be different, the following links do a much deeper dive into needed financial documents: Self-Employment: https://www.fickeymartinezlaw.com/immigration/i-864-self-employment-and-business-ownership VA Disability: https://www.fickeymartinezlaw.com/immigration/va-disability-and-us-immigration I-864 Joint Sponsor: https://www.fickeymartinezlaw.com/immigration/i-864-affidavit-of-support-joint-sponsor-guidance SSI/SSDI: https://www.fickeymartinezlaw.com/immigration/i-864-sponsorship-how-is-ssi-and-ssdi-assessed Real Estate Asset: https://www.fickeymartinezlaw.com/immigration/i-864-using-real-estate-as-an-asset Stock and Dividend Income: https://www.fickeymartinezlaw.com/immigration/i-864-using-dividends-and-stock-portfolio-as-an-asset How do common Venezuelan Status affect US Immigration? Visa types matter! For many Venezuelans, they normally entered the US with a B1/B2 tourist visa. However, some may have entered with an F-1 student visa, which may require some information regarding school attendance, or J1 exchange visa, which MUST DETERMINE whether the J1 Visa was restricted or not. (Restricted J1s require 2 years back in Venezuela in order to be eligible of immigration or a waiver would be required). Venezuelans also may have received Venezuelan Parole to enter the United States and may have even received Venezuelan TPS or Temporary Protected Status, both of which create a file with USCIS that would need to be corroborated in any future USCIS Filing. Documents, missing documents, and where to locate them? The Venezuelan Passport has been a longstanding issue as it expired for many, was virtually unavailable for Venezuelan Citizens that are outside of Venezuela for many years, and may have received special extensions. For Venezuelan passport holders living in the United States, the new passport would need to be requested through Servicio Autónomo Integrado de Migración y Extranjería (SAIME) online portal, and, since all foreign offices of Venezuela in the US are currently closed, Embassy of Venezuela in Mexico would be the nearest location to receive assistance. The Venezuelan Birth Certificate would be required for any US Immigration Option. More information can be seen here: https://www.fickeymartinezlaw.com/venezuelan-birth-certificate-for-us-immigration-purposes A Venezuelan Divorce Decree (Sentencia de Divorcio) MUST be issued from the Civil Tribunal of the Court of First Instance (Juzgado de la Primera Instancia en lo Civil). It must contain the stamp and signature of the Court and Judge that issued divorce decree. A copy of the decree can ONLY BE ACQUIRED from the court that performed the divorce. So, the exact court would need to be contacted directly for assistance. What other Documents might be needed? A more expansive list of documents can be seen here: https://www.fickeymartinezlaw.com/immigration/immigration-checklist-what-our-law-office-generally-recommends If you need assistance with an immigration process, you can contact our office to set up a Consult with the Immigration Attorney. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
By Franchesco Fickey Martinez 01 Dec, 2023
NOTE: OUR OFFICE DOES NOT ASSIST IN ACQUIRING FOREIGN BIRTH CERTIFICATES. This is written to provide helpful information on how to acquire it. The Venezuelan Birth Certificate is called a " Partida de Nacimiento" from the Civil Registry (Registro Civil) of the municipality or rural area in which the birth occurred or the National Electoral Council (Consejo Nacional Electoral – CNE). Meaning, you would have to contact that local government office to inquire about acquiring such records. Venezuelan Birth certificates have no security features and are a copy of the book where registered. Each copy must have a note stating “es copia fiel del original” either stamped or as part of the standard wording toward the end of the document. The Birth Certificate is normally notarized by SAREN (Servicio Autónomo de Registros y Notarías, making the copy of the Birth Record Book more official and able to be recognized internationally as being a true copy of the birth certificate. Alternatively, if birth certificate is unavailable, Venezuelans and foreign nationals residing in Venezuela may apply for Datos Filiatorios with Servicio Administrativo Identificacion Migracion y Extranjeria (SAIME). A Dato Filiatorio is a certified document signed by the Director of Central File Fingerprinting and SAIME that contains and verifies identifying information.  Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
More Posts
Share by: