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Everything posted by pushbrk
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I-130 Name Change [merged threads]
pushbrk replied to Ekto Oktan's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
You are right there to do it, so sign the form and provide the passport style photo. To be perfectly clear, your wife, the petitioner, should file using the married name. She can complete the change and get new ID and Passport later, in the USA. -
He entered with a work visa to work. While he's here, if you want to get married and adjust status, that's perfectly fine. Be aware though that until about six months after you file, he should not leave the USA. If he does before getting advance parole, he'll be stuck and you'll have to start over with an immigrant visa process. He won't be able to work between the time his work ends and getting the new work authorization. Any "overstay" is simply forgiven. His status changes to "pending adjustment of status" once you file.
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Questions about I 485
pushbrk replied to Alexi08's topic in Adjustment of Status from Work, Student, & Tourist Visas
You must disclose tax return information from three years, but that does not mean you must have qualifying income all three years. It is current income that qualifies you. Tax returns are about the past. No matter how much an employed person made last year, if they don't have a job now, their current income is zero, but if they have qualifying income NOW, you state and document that to qualify. Look at a pay stub for a full pay period, then multiply the gross pay times the number of pay periods in a full year. That's the current income for an employed person. If your husband's current income is enough, you DO NOT NEED a "joint sponsor". -
Regarding I-485
pushbrk replied to Varshitha0798's topic in Adjustment of Status from Work, Student, & Tourist Visas
Of course an affidavit of support is required to adjust status based on marriage. You do not qualify for an exemption. -
Your US immigration status and travel plans don't match. You could marry civilly now, and start the process. You would have advance parole in about six months. Or, stay with your initial wedding plans and delay the religious ceremony in India until you at least have advance parole, or better, the green card.
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AGI is not the relevant number, as she will have filed a 1040, not a 1040 EZ. Her "current income" will be the amount shown as "Total Income". Don't be surprised if that number is the same as the AGI, but "total income" is the correct number. If she is not well over the required amount, you might want a joint sponsor. On the other hand, if you are applying for EAD (work authorization) you may well be working by the time of the interview, and can bring a new affidavit showing both incomes.
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I-130 paper version & service center
pushbrk replied to HKJ's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Assuming you provided an email address, your first notice of approval, will be by email. It will be followed by a paper notice by mail. You don't need an "online account" with USCIS to check the status of your case using the case number, but don't expect any updates. It's a black hole. -
Use their full names. You are being asked a simple question about their names. You know the correct answer, so provide it. You will not be required to document it. If a name on a birth certificate was going to be meaningful, it would be you parents' names on YOUR birth certificate. Even if there is a discrepancy there, provide the correct and accurate answer to the questions asked.
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Your wife's affidavit is NOT less important. If her income was below the filing threshold during any of the years, she just checks that box, and hand writes which years, if not all. Your petitioner is always the primary sponsor. The joint sponsor is also needed, but both forms and sets of supporting documents must be correct and sufficient. If your wife is currently employed then you state her current income. Here's the formula. Take the gross income from a full pay period and multiply it by the number of pay periods of that length in a full year. So 1k a week is 52k a year, etc. That's her current income. Tax returns are about the past. No need to state and document liquid assets in this case.