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pushbrk

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Everything posted by pushbrk

  1. You need to start over. Petitioner/sponsor provides I-864. No I-864a forms are associated with that I-864 unless the parents together don't qualify on their own, Then, parent with most income provides an I-864 as joint sponsor, and the spouse provides an I-864a whether they have income or not, and whether their income is needed to qualify or not. Then produce a new list for comment.
  2. Your problem is you ignored this part. (the address and proof of residency must be submitted.) A COVID test with her address in France on it should do nicely.
  3. What do you mean by "tickets"? I haven't seen an actual paper ticket in a lot of years.
  4. First, file the 2021 tax return. A year one is sponsoring an immigrant is not a year to delay filing a tax return. She DOES need to file, so you can't explain it away. Since the petitioner has no income to combine with anybody, you'll use those folks you're calling "household members" as Joint Sponsors instead. Preferably, just use the one with the most income as the joint sponsor and, if they are married, their spouse provides an I-864a to go with their I-864. Petitioner provides affidavit of support too, regardless of their income.
  5. Letters are not evidence. Sometimes they work for some things, but if you can provide actual evidence of WHERE she lives, like a rental agreement of ID with the address on it, that would be much better.
  6. This is the issue. They want evidence she is actually living in France, in addition to evidence of her citizenship. Provide it and then carry on, is my advice to the OP.
  7. OK. I wouldn't know. I'm an immigration person, not a tax expert. Still, in 17 years...... The OP has no immigration issue. Any tax issues can be resolved with an amended return after the spouse is in the USA and has an SSN.
  8. In the 17 years I've been involved with family based immigration, I've never seen tax filing status be an issue in any way, with NVC, Consulates, in a spouse visa process. On the contrary, I've seen many cases of filing single, that had not only "no issues", but in which it was never even mentioned by NVC or a Consulate. Consular Officers understand your primary reason for doing this and either don't notice or don't care. Yes, it is improper to file as single when you are married, but there has never been a penalty for overpayment of taxes. I financed my second visit to China with my tax refund, by filing early and as single. Later, we amended the return. Do not do this if you are employed by the IRS, but if you were, you'd already know that.
  9. You can file online OR by mail, but not directly to the Embassy. The process ends maybe 18 months later with a visa interview at the Consulate/Embassy in Manila.
  10. For Montreal, the only sure thing to deal with the Domicile issue is for the US Citizen to actually move to the US before the interview. Many have been successful with other measures though. It's still a judgment call each time. No need to notarize a letter from parents. It's just a plan. Doesn't really carry much weight without other evidence. No need to explain the primary sponsor's work situation. She's working and you'll indicate that accurately, but the income number will still be ZERO.
  11. Just X the box number 25 on page 5 if your income was below the threshold. No need for any letter in that circumstance.
  12. Nonsense. Liquid assets are liquid assets. They contribute to the totality of circumstances, which is very important in a marginal situation like this. It might even be enough to get DQ'd. Ultimately though, a new US job before interview or a qualified joint sponsor is what will carry the day. To the OP directly, unless the Canadian income will continue in the USA, her current income would be stated as ZERO. Read the applicable question carefully, and note the words "that you are using to qualify" are part of the question.
  13. There's a pinned thread all about traveling during the process. Maybe start there.
  14. Yes, and while it is correct it's ok to file while the beneficiary is in the USA, you must be careful not to confuse USCIS by naming a location you'll adjust status. Complete that location as "Not Applicable" and only provide the location of the Consulate where you will actually apply for and interview for the visa. Be sure also to complete the specific information required about beneficiaries who ARE in the USA at the time of filing. Study the guide but also the form instructions.
  15. VJ projected timelines are based on data about other members. VJ knows nothing at all about what's going on with your actual case.
  16. There's so much more to consider here. It's Nigeria. You've met ONCE (how long a visit makes a difference) then you'll marry before seeing each other again and she'll visit after (how long a visit makes a difference). Your respective ages makes a difference. How much scrutiny any case gets depends on many factors including the country and how much immigration fraud the Consulate there sees. We have long rated consulates based on the amount of fraud they see regularly. Here's the system. 1. Low fraud. UK, Canada, EU, etc. 2. Medium Fraud 3. High Fraud 4. LAGOS Learn first what it takes to convince a Consular officer (using only truth) that your relationship is bona fide (genuine) instead of just for immigration purposes, BEFORE you make your plan. They care much more about how much time you spend together than they care about any reasons why you don't or haven't.
  17. Active review is a meaningless status. Literally, a case is "actively reviewed" by a person for less than 30 minutes, on average. It's a positive thing with no discernable meaning in terms of a timeline.
  18. OK. I've reported the thread so an organizer or moderator can move it to the correct forum. You are getting visa related answers here instead of adjustment of status answers, because it's a visa forum. If your brother is claiming Mom as a dependent on his tax return, then she will show as a dependent on the affidavit of support he submits for you, but YOU would not appear on the affidavit he submits for Mom. If Mom is not currently his dependent, both forms will be completed showing only a household of 3. Even so, when you get to the interview stage, the Officer will know to apply the requirement for a household of 4.
  19. DV, Domestic Violence, is a BIG ISSUE, in life, but not to a spouse visa process. Maybe to the intending immigrant this past behavior is a red flag, but not to USCIS or a Consular officer, in terms of whether to approve a petition or issue a visa. A USC petitioner could be in prison for murder and as long as that crime didn't fall under the Adam Walsh act, the crime itself would not be grounds for denial. It just is what it is.
  20. This is what I mean. If you are going to advise people about the process, you need to understand it first. Sure, THEY SAID they filed a CR1, but to advise them, you must know what that actually means. There is no CR1 to file. They filed a petition for alien relative. CRI is not something you file. It's (in this context) a visa you hope to apply for AFTER the I-130 is approved. You don't need a NEW I-130 to switch from a hoped for visa, to a hoped for adjustment of status. In the broader context CR1 is both a visa category and a residency status. If they switch to adjusting status and complete THAT process before their second anniversary, the beneficiary will receive a green card marked with the STATUS of CR1. If you are going to advise people on a topic, know it first.
  21. Are you seeking a spouse visa and brother seeking visa for mother, or are both your husband and your mother adjusting status from within the USA. Affidavits of support are NOT sent in at the petition stage for a visa process.
  22. The problem is your first and foremost advice was wrong, dead wrong. Here's the right direction. They didn't file a CR1. They filed an I-130 that can be used for any alien relative whether seeking a visa or adjusting status. There is no "CR1" to withdraw. Withdrawing the petition for alien relative would be unnecessary in terms of wait time AND expense. The correct direction for you is to actually know the processes you are advising others about, BEFORE you give advice. I get that you don't like my tone, but do I have your attention now? That's MY purpose.
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