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Everything posted by pushbrk
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I-864 Updates and Expiration
pushbrk replied to may5's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Expiration dates of forms don't mean what you think. You used the current one when you submitted. Not an issue. If you need to submit an updated one before interview, use the new one. It is a comment period that expired, not the form. -
If you asked for a certified copy, and that's what they sent, it's probably correct. You could google "certified copy of divorce decree county name Texas, and see what it says. Superior court in my county instructed me to print the decree 4 times. One was for the judge during the hearing. The others were signed by the judge and certified by the court clerk on the spot. Procedures can be different for each county.
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A certified copy is something you ask for, usually after the fact. You "order it". However, I have a certified copy of my Texas Divorce decree, that I carried out of the courtroom. Actually three certified copies. That you have a paper with a stamp may or may not be a certified copy. For Texas, it is the entire decree, usually multiple pages. It will say on it's face that it is a certified copy. Is that what the stamp says? Please describe the stamp and exactly its wording. Edit: I do see the stamp on the page in your first post. It does not indicate anything about it being a certified copy. I cannot tell if all the pages are there. I don't see any signatures.
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Joint Sponsorship anxiety
pushbrk replied to DevinB's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Either way, it is enough. Is it 26 pay periods or 24? Count the days between start and end date of the pay period. If it's 14 days, multiply by 26. -
Joint Sponsorship anxiety
pushbrk replied to DevinB's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Probably right, but remember if a person is paid every two weeks, that's 26 pay periods. Twice a month is rare nowadays. -
I-864 Sponsor Self-employed evidence
pushbrk replied to Paul Board's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Good idea. When a Consular Officer sees a self employed sponsor filed the EZ version, big alarm bell should start ringing. -
Joint Sponsorship anxiety
pushbrk replied to DevinB's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Financial documents need not be original. Civil documents need to be original certified copies. Original civil documents are owned by the government agency that holds the records. -
I-864 Sponsor Self-employed evidence
pushbrk replied to Paul Board's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Yes, if one files the EZ version they use the AGI as the number in the tax section. However, any Consular Officer knows your joint sponsor's tax return is filed using the wrong form. As such, expect problems. -
I-864 Sponsor Self-employed evidence
pushbrk replied to Paul Board's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Disqualified from filing the EZ version on multiple grounds. Unless he files a proper return, you'll need to find somebody else. -
I-864 Sponsor Self-employed evidence
pushbrk replied to Paul Board's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
AGI is correct for a sponsor who files a 1040EZ, but the EZ version is hardly appropriate for a self employed person. What kind of self employment is this? Who Should File a 1040EZ? File as single or married filing jointly. Be under the age of 65. Not be visually impaired. Not have dependents. Total taxable income should be under $100,000. Income should only come from wages, salaries, tips, unemployment, or taxable scholarships and fellowship grants. -
About sponsorship
pushbrk replied to Rogueabed's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
She has no income, so is not required to file. There's box to check to indicate this is the reason she has no returns. The petition has an employment history, that shows she hasn't worked in the past five years. No need for US Federal tax returns in this case. -
You don't. Just use the married name going forward at NVC. Your marriage certificate is all you need as evidence of name change, but adding the new passport scan would be good. Truth is, you could have filed under the married name to begin with, if you knew that was your intention. Same goes for if the beneficiary intends to take a new married name. File under the name they intend to use.
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CR-1 After Returning Home
pushbrk replied to csh2020's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Definitely consult appropriate legal counsel. I can assure you of two things. One, you do not need to withdraw the petition. If she leaves the USA without advance parole, notify them she will now be seeking an immigrant visa instead of adjusting status. Second, while asylum policy may change, regular spouse immigrant visa processes did not change under 45, so no reason to think they will under 47. Trump is 45, and 47. -
I-864 Sponsor Self-employed evidence
pushbrk replied to Paul Board's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
One of the biggest problems with self employed sponsors, is confusion about how to state their income. People who are NOT self employed also get confused about this and confuse "revenue" with "income". In this context the self employed sponsor's current income is exactly the number on the "Total Income" titled line of their most recent 1040. In this case, that is presumably from 2023. If the total income (in this case it's pretty important it be all three years) is well above the minimum, income requirement, then there's no big issue. Even better would be to use an Tax Return Transcript, but still the number comes from the total income line. If the joint sponsor is married, provide an I-864a from their spouse, even if the spouse has no income. You will also need evidence they are currently living in the USA, like a utility bill, etc. -
About sponsorship
pushbrk replied to Rogueabed's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
What I would add at this stage, is that if the wife's income was below the tax filing threshold, she does not need to file any tax returns. No is the time for you both to forget about what you read elsewhere and become A-Students of the I-864, and it's separate instructions. Sounds like Mom needs to be the joint sponsor. Petitioner is going to need to provide some kind of evidence, not that they currently live in the USA, but that they have taken actions to show their clear intent to re-establish US Domicile. One would think that filing the I-130 petition would be evidence enough, but it isn't. -
overstayed visa (merged)
pushbrk replied to caregiver4ever's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Crew member visa is an exception to the practice of forgiving overstays for spouse of US Citizen.