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apples20

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Posts posted by apples20

  1. Same-day stamps are now usually not done (although they still happen sometimes). Even if you receive on the spot approval at your interview you will have to wait for the GC to arrive in the mail (usually 1-2 weeks from the date of approval).

    The GC will have a "resident since" date on it; this date is usually the date of your interview (if you receive instant approval) or shortly afterwards (if not).

    Thanks for this!

  2. Hi there,

    I'm on an A2 visa and my American wife and I have the GC interview coming up. At what point does my status change to LPR? I've heard that sometimes at the end of the interview things are stamped as LPR and that is the point in time it happens?

    I need to know this because based on my A2 status I've been exempt from taxes on my income and this will change as soon as my status does.

    Thanks

  3. Note that the instructions for question 23 asks for the "income that you are using to meet the requirements of this form". Your adjustment won't be complete until after she resigns, so there's no way you could use her income to meet those requirements.

    Since the U.S. citizen spouse is resigning so soon (i.e., well before the adjustment is complete), I would just leave her income off I-864. The instructions for question 23 say that you should put just the income that you are using to satisfy the requirements, so her income won't count. My advice would be different if (1) the adjustment might be complete before the U.S. citizen resigns, or (2) the immigrant doesn't have enough income on his own to satisfy the requirements. In that case, you'd have to file the form as is now and hope that you can get another sponsor before the interview, if necessary.

    I appreciate your comments. After some reflection I would not be comfortable listing my income (intending immigrant) on line 23 because it states "My current individual income is" - my, being the petitioner. So if I was to exclude her income then that should probably be $0.

    I think I will include her income and pertinent evidence along with my income and evidence. I will also include a letter from her stating that she plans to resign in August to attend law school and will note that this won't be a problem for qualification seeing as the intending immigrant's income is included, and will meet the requirement on its own standing. I'll attach the law school acceptance letter as evidence.

    My reasoning for doing it this way is that she will continue to earn a salary after the filing date, and it seems strange not to include the petitioners income when there is some to include. I see this as being completely honest and transparent. I don't see this method having a negative impact on the process. Thoughts?

  4. Hi there,

    My wife and I are getting ready to file I-130 + I-485 + I-864 etc. She is the American Citizen and we've both been living together in the US for the past four years. I'm on a diplomatic visa at present (Filing I-508 and I-566 too).

    We have completed the I-864 form with both of our incomes and have included her tax returns. My income thus far has been exempt from US taxation so I have included evidence of this and a letter from my employer stating that my employment situation will not change once I become a lawful permanent resident. We have both included six months of pay stubs.

    My wife will be resigning from her job to start law school in mid August, and we plan to file in the first week of next month. Are we doing this the right way? I'm slightly paranoid!

    Should we attach a letter stating that she will be resigning in mid August to attend law school? We have other financial assets we could include to quality under the asset category though we easily qualify based on my salary. We also have people we could ask to sponsor us. Based on the instructions for I-864 I am allowed to include my income and I have proof that it will continue from the same source once I'm an LPR. I'm mainly concerned about whether we should disclose that she will be resigning, because we could get to the interview stage and she may be in school.

    Also. We have been dating everything in advance to 6 July as we expect to be able to mail everything off then. If for some reason it doesn't get mailed until say, the 15th, I'm assuming this won't be a problem?

    Thanks in advance!

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