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Everything posted by pushbrk
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File with the name she intends to use going forward. She can complete the name change and get the new passport during the process. That it doesn't match yet at filing doesn't matter. There is no wait for a work permit with an immigrant spouse visa. She is authorized to work upon arrival. So, that is not an issue. The most important evidence of relationship will be passport stamps and/or boarding passes showing time spent together in the same country, and some photos from your visits. No need to complete any laundry list of evidence categories. Newlyweds living in separate countries are not expected to have joint bank accounts anywhere.
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Don't pit websites against each other. Use this sight and pay attention to the senior members' advice. You do not mention the country your future spouse is coming from, but to my knowledge only Philippines and Thailand US Immigrant visa units do not allow co-sponsors for a K1 visa. All accept for an immigrant spouse visa (CR1 or IR1). Download the I-864p and see the minimum required income from that official source. If it's just the two of you, it's $27,050. Just meeting the minimum assures nothing, but not meeting it certainly does. Your two jobs complicate things. You are considered both employed and unemployed. For an I-864, you will complete the tax section by entering the "total income" number from the tax returns, and then also state your current income from both jobs. If you are not taking any business deductions from the 1099 job, then your current income will be the total of both. Otherwise it will be the income from the W2 job, plus only the taxable income from the 1099 source. You posted your question in the spouse visa process forum here. You'll need to make a choice whether to bring a fiancee or to bring a spouse. You cannot bring a spouse unless you are married. Is that your plan?
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I like Crazy Cat's answer and advise you to stop thinking in terms of what you will use, and instead think in terms of answering the questions on the form itself. Unless it is your intention to quite the second job, then it is part of your current income. It might work to ignore it, but if it's part of your ongoing life, why play games. A current pay stub from either or both jobs is fine, without an employment letter, but the stub is actually better evidence than the letter. Further, it serves no purpose to provide things not required, like more than the one tax return transcript. The form asks for information from three forms, but only one return. Six months of pay stubs is an artifact from more than twenty years ago. One current one from each job, that shows current gross, the frequency of paydays, and year to date income, is plenty.
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K1 Visa, Financial Requirments?
pushbrk replied to FamilyGuy330's topic in K-1 Fiance(e) Visa Process & Procedures
USCIS does not evaluate the I-134 in a k1 visa process. The Consular Officer does that. Your W2 is not relevant to your stated current income. For an employed person, current income is calculated by taking the gross income for a full pay period times the number of pay periods in a full year (going forward). You then document the income with that same pay stub. Later, when you adjust status and provide an I-864, current income is calculated and documented the same way. At that time, yes, USCIS can and will do the same calculation and recognize the correct current income. -
Canceling the K1 visa process
pushbrk replied to aaad's topic in K-1 Fiance(e) Visa Process & Procedures
This is the most prudent way to go. It assures your obligations are ended you are clear to petition another in the future. Nobody knows their future. -
The foreign physical address issue is not a problem for the I-130. After it is approved, your wife will apply for a visa and you will provide an affidavit of support. It is at that time you need to show your US Income and US intended address. That you own a home in the USA and intend to live in it once your wife is able to join you, will satisfy the domicile requirement. You were right not to hire that person or follow their advice to lie. That they thought your address now is a problem, and their suggestion you lie, is clear evidence they are not qualified to be of proper assistance to you.
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Marriage and divorce certificate Poland
pushbrk replied to 1442's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Never US Chat GPT for this kind of thing. Read the official information from the official site, then interpret it literally and follow the instructions exactly. Complaining isn't going to help. -
Marriage and divorce certificate Poland
pushbrk replied to 1442's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Was it exactly this? Document Name: Divorce Sentence (Certidão de Sentença or Sentença de Divórcio) from a court. Issuing Authority: Civil Registry (Cartório de Registro Civil das Pessoas Naturais). -
Understand that passport copies fill two separate requirements. Bio page is evidence of US Citizenship. The stamped pages, are evidence of being in the other partner's country so used as primary evidence of meeting in person. Neither of those requirement are required to be evidenced by a passport. A birth or Naturalization Certificate fills the citizenship evidence requirement and boarding passes can be used for evidence of meeting and time together. Any combination will work.
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Marriage and divorce certificate Poland
pushbrk replied to 1442's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
No way for us to know what is wrong here without more details of the exact document, it's format, how it was obtained, and what exactly was uploaded. You get the exact document in as "original" form possible, then scan it and submit it with a translation certified by the translator. Your descriptions are your assessment of and how you feel about what happened. Please be more specific. -
Marriage and divorce certificate Poland
pushbrk replied to 1442's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
So, the sentence and translation are separate document with no apostille? If so, submit that. It's exactly what is described. A photocopy of a certified copy, plus a translation of it. You can combine those in a single upload, but they must be distinguishable as two separate documents. -
An approved I-129f is definitely not a K1 visa. It may lead to one, but USCIS does not issue visas. IMBRA addresses the petitions, not the visa. A "K-1" "visa petition is an I-129f. A K-1 visa comes from Dept. of State, and is affixed to a page of a passport. It's not semantics. It's correct terminology. An approved I-130 is not a visa either.
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Marriage and divorce certificate Poland
pushbrk replied to 1442's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
The apostille may have confused them, but you are confusing me. What are the actual documents you have as divorce and marriage decrees, prior to translation. They have names as described on the reciprocity site. The divorce decree was not originally obtained from the source with an apostille. Submit exactly what is described on the reciprocity site along with a certified (by the translator) translation of that document. As already stated, nothing needs an apostille for this process. -
So, yes two visas issued. I misremembered his explanation. Still there never has been a limit on K1 visas. IMBRA requires asking for a waiver for a second I-129F petition filed within two years, but it's best to make the waiver request no matter how long it's been. I'm one of the few members who was here and became fully versed on IMBRA when it was enacted in 2006.
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I meant exactly what I said. His clarification indicated he filed two petitions. One visa was issued and used but the fiance left the USA before marriage and before 90 days. Requiring a waiver for the second petition within two years is not a limit of two K1 visas. The limit IS on petition filing/approval. You responded to your RFE and the waiver was approved BEFORE petition approval. USCIS does not issue visas.
