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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 107633
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Hi I have a couple Question.

Resolved Question:

Hi I have a couple Question.
Submitted: 5 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 5 years ago.
Yes, what would you like to know?
Customer: replied 5 years ago.
This is my background: I'm a US citizen by birth (and now I'm living in the United States working) while my father used to be a permanent resident here in the USA. We moved back to Thailand since I was young and his green card expired. When he was here in the USA, he used to work in some Insurance company, restaurants, etc. so he had been paying tax and now as he is at the retirement age, we want to get him back as a permanent resident to get his Social Security tax return.
1. I know I need to file the I-130 form with some documents to the USCIS and they will send the petition to the National Visa Service and send it along to the US Embassy in BKK. and then what's the next process? They will ask my dad for an interview?
2. As now I'm still single, but in the next couple months I will get married with my boyfriend. Would that effect anything with the petition I'm going to file for my dad (I haven't told my family about the marriage thing yet)? As the date i file my petition I will still be single and my status in the document will say I'm single but during the process I might get married already, will i be considered that i give false information to the USCIS?
3.My boyfriend that I'm getting married is an A-2 visa, working at the embassy, We planned to file the petition for him to become a permanent resident, probably in the next year or two, but after the marriage, he would need to go back to Thailand due to business thing for a year, would there be any problem filing the form? and would it also effect my dad's?

Thank you, it's a long story,...
Expert:  Guillermo J. Senmartin, Esq. replied 5 years ago.
How old are you? What is your annual income?
Customer: replied 5 years ago.
I'm 27 years old and my annual income is around $30000-$40000
Expert:  Guillermo J. Senmartin, Esq. replied 5 years ago.

Then I don't see any issues. You make more than enough money to sponsor each of them. So as to your 2nd and 3rd questions, you don't have to worry.

 

As to your 1st question, there process is here:

 

http://travel.state.gov/visa/immigrants/types/types_1306.html

 

After you file the I-130, the next step after approval is that USCIS will transfer the case to the National Visa Center (NVC). Then a few months later you will get a letter asking for some fees to be paid, around $400 for an I-864 Affidavit of Support and then $70 for biometrics. Once you pay that, then you will get another letter asking to fill out an I-864, provide supporting evidence, and submit other documentation listed on the letter. Once you send all of that in, they will forward the file to the U.S. Embassy or Consulate nearest to your father and they will schedule him for an interview. If that goes well, then he will get an immigrant visa to come to the U.S. and when he enters, they will give him a new Residency in the mail. The process should take around a year or so. It may take a little less. There is no reasonable way to speed it up, but you can try. Here is a link:

 

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=16a6b1be1ce85210VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

 

Please let me know if you have any additional questions. I would be happy to answer them for you without additional charge, if not, please do not forget to click ACCEPT. I am not paid a salary. Clicking accept is the only way that I can get paid for helping you. When you click accept, you are not charged again and we can continue to communicate without additional charge if you have a few follow-up questions. If there is a delay in getting back to you it is either because I am answering other questions or I had to log off, but I will be back with you as soon as possible. If you would like to request me in the future, just put my name on the subject line. Positive feedback for my service to you (not the state of the law as it is) is always appreciated as well as any bonus if you think I deserve it. Thank you.

Guillermo J. Senmartin, Esq. and other Immigration Law Specialists are ready to help you
Customer: replied 5 years ago.
Actually what's the minimum amount of annual salary I should have to sponsor my father and boyfriend?
Expert:  Guillermo J. Senmartin, Esq. replied 5 years ago.

Here is a link:

 

http://www.uscis.gov/files/form/i-864p.pdf

 

$23,862 or more per year. Please let me know if you have any additional questions and please do not forget to click accept. Thank you.

Customer: replied 5 years ago.
And also, for my boyfriend, if nt living together for a year would effect anything if we file the petition for him? But we aren't going to file anything for him soon... like i said may be in the next couple years...
Customer: replied 5 years ago.
And even if I have $23,862, I can support both of them? (This is just for my knowledge, thank you very much)
Expert:  Guillermo J. Senmartin, Esq. replied 5 years ago.

If he is still legally in the U.S. under A-2, I would just marry and then wait until you start living together to make things easier. If not, then you better have some very good explanations as to why you are not living together and lots of evidence of flights, buses, etc. to see each other.

 

And yes, that's what the minimum is. You aren't supposed to support them, but you are supposed to show that you have enough money so that just in case they cannot support themselves, you can support them if you have to. Please let me know if you have any additional questions and please do not forget to click accept. Thank you.

Guillermo J. Senmartin, Esq. and other Immigration Law Specialists are ready to help you