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| AOS Form: divorce certificate needed from my husband? |
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10:06 pm November 30, 2021 | |
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LJVotolato

Read 1588 Times 3 Replies
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I am applying for the AOS (I-485) based on my K1 fianc visa, and have read the instructions and looked at the sample form provided on this website. Unfortunately, I can't seem to find an answer to this question: My American husband (who is the sponsor) has been married before (3-4 years ago). Do I need to include his divorce papers? The instructions are a bit confusing as it states this but I'm not sure if it's talking about "either party" as in the derivative applicant spouse and the principal applicant (which would NOT be me, since I have never been married), or "either party" as in the principal applicant (me) and the American I'm marrying (not an applicant). -
Marriage Certificate and Other Proof of Relationship If you are filing Form I-485 as the derivative applicant spouse of the principal applicant, you generally must submit a photocopy of your marriage certificate issued by the appropriate civil authority where the marriage took place. Refugee derivative applicant spouses do not need to submit a photocopy of the marriage certificate. There are also some immigrant categories that require the principal applicant to submit a marriage certificate (for example, K-1 nonimmigrants (person admitted to the United States as a fiance (e)), abused spouses and children under the CubanAdjustment Act (CAA), Haitian Refugee Immigration Fairness Act (HRIFA) dependents, and abused spouses and children under HRIFA). See the Additional Instructions for more category-specific information. If either party to this marriage was previously married, you must also submit evidence to prove the legal termination of any prior marriages, typically a divorce certificate or death certificate. I don't want to include more documents in my package than necessary, so any advice on this--I'd be forever grateful. Thank you in advance!
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| Stocks & Primary Residence Sale in Emigration Year (Canada) |
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6:07 pm November 30, 2021 | |
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genghee

Read 627 Times 6 Replies
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Hi there, My parents will land in the US and activate their green cards on 4/1. Their primary concern is minimizing taxes on the sales of their stock portfolio and primary residence. My understanding is that they would become US tax residents on that day, and deemed non-residents in Canada on the same day. Would appreciate feedback on my proposed plan, which is to: (1) Sell their portfolio before 4/1, as this would have no tax impact in the US, and would be taxed as resident income in Canada without any non-resident surtax. Is this assumption correct? (2) Sell their primary residence before 4/1 if possible, as this would have no tax impact in either US or Canada. Selling their home later in 2022 would also be ok, as it would still have no tax impact in Canada but require more paperwork to avoid withholding, and no/minimal tax impact in the US. Also, my parents want to return to Canada after landing, to stay in Canada 183 days next year to qualify as full year residents for tax-filing. I don't think this makes sense because (a) There is no significant tax benefit in doing so if we already liquidate as resident income before 4/1 (b) They would still be deemed non-resident for time after 4/1 even if they log 183 days for the year Is my reasoning sound or am I missing something? Thanks!
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| Is joint sponsor still necessary? |
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10:35 pm November 28, 2021 | |
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Maizie

Read 1071 Times 9 Replies
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Hey everyone, so when I submitted my documents with NVC my husband was only $100 off of making the minimum amount to not require a joint sponsor. The documents submitted and approved were from 2019 and now on his 2020 tax form he makes well over the amount required. I will be bringing both forms from 2019 and 2020 along with me to my interview. They had requested that I get a joint sponsor since he originally wasn't making enough, but to speed up the process they DQ'd me before I was able to submit my joints sponsors info and told me to just bring it with me to the interview. This makes me nervous just incase there is anything I am missing and I really do not want to be declined my visa. My joint sponsor is self employed so making sure I have everything they will want is just a bit more difficult. I think I have everything I need for my joint sponsor and of course will be bringing it since they requested me to, but I guess my question is, if for whatever reason I do not have all the information they need will it even be a problem since my husband makes enough money now anyway? Thanks
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| Questions re: I-864 |
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8:30 pm November 26, 2021 | |
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Sparkey

Read 355 Times 1 Replies
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Getting ready to file AOS on a K1 visa and have a few questions: 1 - The sponsor has a full time job but not much in his bank account. Do they need to see all activity in the account for the past 12 months, or just the balance remaining in the account for each month? 2 - I (the intending immigrant), have a lot in my savings account. Should I provide all the pages of the statements for the past 12 months, or just the balance for each month? 3 - The sponsor makes just over the requirement and does not have much in savings or assets. However, I have way over 5 times the requirement for our household size. Since I am the spouse, I know I am allowed to include my assets and savings on the I-864 (they are all liquid assets that can be converted within a year). Given that he is employed, and I have enough assets to push us way over the income requirements, will we be able to avoid an RFE or will they only be looking at his income? (joint sponsor is not an option for us)
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