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Everything posted by pushbrk
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Do kids Residency affect mother's?
pushbrk replied to Biabarida's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Could be, yes. Worse, signing up for Medicaid (a means tested benefit) is likely to trigger a public charge issue related to y our financial sponsorship. If you qualify to put your family on Medicaid....AND...actually DO IT, you've basically declared your family to be likely public charges. Does your wife intend to immigrate to the USA, EVER? -
CEAC Refused
pushbrk replied to SiameseCatLover's topic in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports
Not a new refusal. Unless there's a new "message", or a status change, they haven't reviewed yet. -
IR1/CR1 application after VWP refusal
pushbrk replied to theomicron's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
It's not. Expect no problems. You went back and applied for the correct visa. Expect success.- 12 replies
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- cr1
- spouse visa
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Affidavit of Support Questions
pushbrk replied to HUGOC9999's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
If you were not REQUIRED to file a tax return due to "income below the filing threshold" fine. However if you WERE required to file for 2021, you should do so. Based on your circumstances, I would not worry about a joint sponsor. Any Consular Officer will understand a currently working "Dentist's wife" is NOT a public charge concern. (As long as she's not coming from India. Weirdness abounds.) -
If your notice says the consular officer will make the decision, then NVC is now out of the picture. If you are well qualified based on joint assets well over 3 X the income requirement, simply IGNORE THIS MESSAGE. You MAY does not mean you must or even should. YOU.....decide that based on how qualified you already know you are. If your assets are not WELL OVER the minimum requirement, get a joint sponsor. If they are...IGNORE the message.
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Using a route through Dublin or Shannon sounds like a good idea, but if he is denied entry, you still paid for a ticket that he will not use. Maybe that ticket will be MORE expensive than a more direct route from Paris. I suggest proceeding with whatever the best travel arrangements are, and deal with the issue based on a good answer when asked the purpose of his visit. For example, if he's coming for a month, have a round trip ticket, then answer "I'm coming to visit family expecting my first nephew to be born." (If that is the truth. Otherwise a similar general but specific answer.) No need to mention "wife's family" or "wife" at all. If pressed, "wife's brother" etc. Why isn't your wife with you? She's already here.
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Affidavit of Support Questions
pushbrk replied to HUGOC9999's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Perhaps English is the second language. It would also explain his misinterpretation of how current income is calculated. The KEY piece of evidence here is that USCIS clearly states you can use an Employer Letter. Employer letters will properly state annual income as the/ income the new employee will earn in a full year going forward, from the start date. Using that principle, WORKS EVERY TIME IT IS TRIED. There are SOME exceptions to the X * gross * number of pay periods in a full year. One would be when the employee is paid salary PLUS commissions. In that example, you would take YTD gross income / number of pay periods so far in the year * the number of pay periods in a full year. Effectively you are using the average gross pay for a full pay period. -
Affidavit of Support Questions
pushbrk replied to HUGOC9999's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
In...MY....opinion, that lawyer's opinion is WRONG. -
Affidavit of Support Questions
pushbrk replied to HUGOC9999's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
This is correct only as it relates to calculating current income for the self employed. The public charge decision is based on the totality of circumstances. Generally, current income is king, but not always. For an employed person, current income comes from a pay stub or employer letter, not a tax return. Tax returns are about the past. Current income is the question, not "current year" income. If you made 50k last year and lost your job yesterday, then your current income would be zero. If you got a new job yesterday making 1k a week, your current income is 52k, no matter when "yesterday" falls on the calendar. The OP has been living abroad for 10 years and will only have their new job in the US a few months be the time the actual decision is made by a Consular Officer. The officer is likely to consider ALL the circumstances including the work history while living abroad. For example, if he worked in a career position the vast majority of his time abroad, and simply went back to the US, and continued the same career, there's probably no need for a joint sponsor. That's what "totality of circumstances" means. -
Where do you intend to live?
pushbrk replied to Alex&Nayden's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Yes, then best to choose the address of a trusted relative or friend. -
Where do you intend to live?
pushbrk replied to Alex&Nayden's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
For the I-130 the address for where the immigrant intends to stay in the USA can be "To Be Determined". It is an answer that is required, not an address. -
Proceeding with Criminal Record
pushbrk replied to navd-0's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
You just did a great job of just that. -
I864 Current individual annual income
pushbrk replied to Janay Thomas's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Yes. Note, you do not find current income on a tax return. Tax returns are about the past. Exception is the self employed. -
I think this is a non-issue, but it IS possible that several months from now, WELL AFTER deferred inspection is complete, they MIGHT send an RFE. Not sure what they could ask for if they haven't issued the green card yet. The above may well represent a worst case scenario, but not a reason to delay filing.
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I see no US Immigration related problems with your plan whatsoever. Canada allows US Citizens six months visits, because it is reciprocal. Check what they allow Dutch Citizens. I'm guessing 90 days.
- 13 replies
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- mental health
- i-130
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Question about Document Qualification
pushbrk replied to sidmando's topic in National Visa Center (Dept of State)
If it were me, I'd call them. Again, the income number NVC and Consulates care about is the one called "Total Income". If you submitted a tax return transcript or a complete return with all schedules, they are in error to request additional evidence of income. You fix that most quickly and effectively with a phone call, particularly when you have one case qualified and another not. If your stated and documented self employment income is correctly handled, you should NOT have gotten any message that the income doesn't meet the requirements. I'm confused about that, so asking again if you stated your current income as the number called "total income" which is far different than total revenue. -
Question about Document Qualification
pushbrk replied to sidmando's topic in National Visa Center (Dept of State)
Generally, a tax return showing a positive taxable income on the "total income" line is all the evidence of current income you would need. What EXACTLY does the notice say about submitting evidence of your income? Note that many landlords have a NEGATIVE number in the total income line of their 1040. Do you? If so, you need to provide evidence of more liquid assets. For example, with a 30k income requirement and a minus 10k total income, you would need 5X 40k in liquid assets, not 5X 30K. Note that for the spouse of a US Citizen, the multiplier is actually 3X not 5X, but you need to be well over. -
I-864 N/A even in these blanks?
pushbrk replied to Zin-Zin's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Probably don't need the lawyer, but yes, I would print out the email exchange and upload that with the document. -
Attorney responsibilities at NVC stage
pushbrk replied to Ctavarez90's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
If you have the attorney, then ask the attorney to provide the details of their services. -
I agree with this. If it's a gift, it's a gift. "The source as wedding gifts from family" is the only explanation needed. Note is is common for the Chinese Groom's parents to buy a house for their son and his bride. Since the couple will be living in the USA instead of China, this is absolutely fine. No need to delay for statements. It's a gift. How the money gets to the account is not relevant.
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I haven't read the whole thread, but it's important to understand some information that comes directly from the instructions and is born out from experience. If you are using "liquid assets" to qualify as a sponsor, the assets must be liquid. The definition is in the I-864 instructions, but equity in a primary residence is definitely NOT "liquid". If a petitioner has $150,000 in a savings account and/or other liquid investments, such as stocks and bonds, they should document those in the affidavit. If they want to buy a house with that money, do it AFTER the sponsorship issues are already decided. Unless you have more than a few children or other dependents, the 150k is quite sufficient to deal with the sponsorship issues.