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Everything posted by pushbrk
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Overstayed, will he qualify?
pushbrk replied to Don0's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
That link is for those visa applicants (not petitioners) who are currently in the USA. This potential visa applicant has already left the USA. The waiver needed in this case, definitely shouts lawyer, not just any immigration lawyer but one who specializes in waivers of ineligibility. Note also that any waiver based on hardship to the US Citizens needs to be about a lot more than the inconvenience of waiting out the ban. -
1R1/CR1 SPOUSAL VISA
pushbrk replied to XCVii+'s topic in IR-1 / CR-1 Spouse Visa Process & Procedures
They may prioritize a bit but the difference in timeline to petition approval has never been that noticeable. It certainly won't take three years. -
Totality of circumstances is always the key here. If there's a steady employment history with clearly well over the income requirement, and only a short period of unemployment followed by a new job with good income, I would expect success. You can really wait as long as you want during the NVC process but contacting them at least once a year. Of course, in that case, we aren't talking about a short term unemployment.
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1R1/CR1 SPOUSAL VISA
pushbrk replied to XCVii+'s topic in IR-1 / CR-1 Spouse Visa Process & Procedures
By that time, he'll be reminding NVC, not USCIS. Petition approvals are the same timeline for LPRs as for US Citizens. The extra wait is at NVC. -
I-864 Joint Sponsor Tax Return
pushbrk replied to kaifloresk's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Contract yes, and just one most recent pay stub. You are not required to have qualifying income for any of the previous years. Current income is king here. -
It's not all or nothing. I mentioned four separate red flags. The cultural norms are part of the totality of circumstances that will be evaluated. Best to stop trying to explain, and simply arrange to spend enough time together that the time will overcome the red flags. Of course you have excuses. Everybody does. Just get it done.
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I-864 Joint Sponsor Tax Return
pushbrk replied to kaifloresk's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Might be sufficient, but the year you sponsor an immigrant is not a good year to file an extension. That they did so, does not prevent them from filing now though. Note that your current income would be calculated by taking the gross pay for one pay period times the number of pay periods in a full years. 1k a week is 52k, for example. That's how YOU state YOUR current income. It does NOT come from any tax return. Those are separated sections and answers unless self employed. -
Seems the OP disappeared, but definitely do not marry again. You would have to fraudulently state you are free to marry. If this is about shortcutting a name change that wasn't already done, just abandon that idea and get driver license in the name on her passport and green card. Further, a new immigrant does not need a State issued Real ID to travel domestically. Their passport is real ID enough.
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Who logs in to the ceac website
pushbrk replied to RABBITDANCE's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
It didn't matter. You could have logged in as the petitioner each time, with no issues. -
Birth Certificate RFE help please
pushbrk replied to Hank63452's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Correct answer above. It comes in a booklet. Upload including front cover, as a single PDF file. -
Who logs in to the ceac website
pushbrk replied to RABBITDANCE's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
OK. Either of you could have done that, or both. -
Who logs in to the ceac website
pushbrk replied to RABBITDANCE's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Neither the Petitioner or Beneficiary has any dealings with NVC for a K visa. There's no need to assume. Somebody who knows will be along shortly to provide the correct answers. -
Birth Certificate RFE help please
pushbrk replied to Hank63452's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
The standard process, is that a family member with access to your family book, takes it to the Gong Zheng Chu (Government Notarial Office) and a Notarial Birth Certificate is produced. Anything you received at birth would not be a birth certificate in this context. I don't have any idea what that would be, as China uses family books, not birth certificates, unless it's needed for a purpose like this. -
Need Advice on Tax Transcript for NVC Stage
pushbrk replied to Chiemi's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
I meant exactly what I said. Words mean things here. -
Need Advice on Tax Transcript for NVC Stage
pushbrk replied to Chiemi's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Maybe you are confused, because that is not what I said. -
Need Advice on Tax Transcript for NVC Stage
pushbrk replied to Chiemi's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Yes, that is the correct procedure. A complete copy of the federal tax return including all schedules, W2, and 1099 forms. Please note there are several kinds of "tax transcripts". What is relevant here is the Tax Return Transcript. I-864 instructions are clear about return or return transcript. The word or is there for a reason. -
Who logs in to the ceac website
pushbrk replied to RABBITDANCE's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Incorrect. Both deal with NVC. It's also ok, if it is only the petitioner who ever logs in. Petitioner must provide the affidavit of support and supporting documents, and the beneficiary must provide additional documents and an actual visa application. But, it does not matter who logs in. Either or both, is ok. See what needs to be done and make your own plan. It's almost always the petitioner who pays the fees. -
Reestablishing Domicile and I 864 Affidavit
pushbrk replied to KMG's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
No. To combine income you use the "a", the I-864a. No shortcuts. Time to become an A-Student of the I-864 instructions, which make this abundantly clear. Failing to do so, is foolish indeed. -
Reestablishing Domicile and I 864 Affidavit
pushbrk replied to KMG's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
That person files nothing unless their income is needed to qualify. Otherwise the "a". A person supporting themselves and filing their own tax return is also not counted in the Joint sponsors' household. -
Joint sponsor or co-sponsor??
pushbrk replied to RonMari's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
OK then. You've got a start. Now is the time to study those I-864 instructions and learn how to combine income with your household member. Once you've done the homework, you may well have other questions. That's why we're here. -
Joint sponsor or co-sponsor??
pushbrk replied to RonMari's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
The best you can do is the best you can do. If you sell your house, the proceeds are liquid and would need to remain liquid until your spouse's visa is issued. With regard to your sister, you would need to first determine whether she will be combining income with you or acting as a joint sponsor qualifying on her own. From the details you have explained, I would suggest that if there are no additional household members to be counted, that you combine income with your sister/household member and she does the I-864a. You can then qualify now. Become an A-Student of the I-864 instructions (separate PDF from the forms). You don't mention whether the petition is already approved and at NVC or not. My recommendation above is based on the case already being at NVC, and there are no more household members to be counted for you or your sister. Please clarify.