Jump to content

pushbrk

Members
  • Posts

    39,946
  • Joined

  • Last visited

  • Days Won

    45

Everything posted by pushbrk

  1. The best you can do is the best you can do. If you sell your house, the proceeds are liquid and would need to remain liquid until your spouse's visa is issued. With regard to your sister, you would need to first determine whether she will be combining income with you or acting as a joint sponsor qualifying on her own. From the details you have explained, I would suggest that if there are no additional household members to be counted, that you combine income with your sister/household member and she does the I-864a. You can then qualify now. Become an A-Student of the I-864 instructions (separate PDF from the forms). You don't mention whether the petition is already approved and at NVC or not. My recommendation above is based on the case already being at NVC, and there are no more household members to be counted for you or your sister. Please clarify.
  2. While your feelings are understandable, expressing them is not helpful to you. Answering questions I already asked, and providing details would help us help you. You mention a sister who lives in your house but only has social security as her income. If you plan to combine income with her, she would not be a "joint sponsor". She would be your "household member". Words mean things and details matter. Please clarify so we can provide meaningful advice. OK?
  3. Equity in the primary residence is not considered liquid. If you can document significant equity, that's a positive thing, but will not be considered liquid in terms of qualifying. Did you plan to combine income with your sister, or does she have enough to qualify on her own?
  4. No, it doesn't. It's natural to think that, but all experience indicates NVC assigns the case based on the current residence address on the I-130 with no regard whatsoever to the Consulate Requested. The clear reason, from experience, is that they don't yet have any justification (evidence or residence or citizenship) to send to a Consulate in a country where the applicant does not live.
  5. A "joint sponsor" never files an I-864a. That's for a household member, and even then only when it's a joint tax filing spouse or a household member who is combining income with the petitioner. If the petitioner and her same house living sister are combining income, then sister is "Household member" not joint sponsor. (Note the term "co-sponsor" does not apply anywhere in this context.) If the sister qualifies on her own, she should be the "Joint Sponsor" and provide an I-864. The Petitioner and anybody she doesn't directly support will not be counted in her household. This kind of situation can get quite complicated depending on how many people live in the same house, as just living there and being related in a certain way, does not necessarily mean they count in the household. Typically, no letter from the IRS is needed. Just check the box that says they were not required to file. NVC and the Consular Officer know people with only SS income don't need to file a tax return. Presumably, if the sister's only income is Social Security, she would not be my first choice as a joint sponsor. More information is needed for better advice.
  6. Correct but you do not need to delay paying fees or anything else. The change can happen in the background. Not sure what evidence you have or what a SOFA card is but you probably have what is needed. Guessing the SOFA card is enough, as it is in lieu of a visa. Perhaps she also has a visa or at least an entry stamp to go with the SOFA card.
  7. Absolutely. Reading through this I see three huge red flags and maybe 4 but the OP has not been clear about how many visits and for how long. First flag is the reverse age difference in a country where that is not culturally accepted. Second is the Egyptian husband's family not knowing about the marriage of four years. Third is the reason they don't know, which speaks to red flag number one. Consular Officers do not have "love radar". That's why the term "bona fide" is used in connection with the marital relationship. Behavior speaks louder than words. People in bona fide relationships do what is necessary to spend significant time together. That CAN overcome pretty much any red flag. If that has not occurred, that's red flag number 4. For me and other senior members here, it's also a red flag that this discussion is with only the visa applicant, with petitioner absent.
  8. Case number for Jakarta will be assigned first thing. It requires action to change it.
  9. Not exactly. NVC will assign a case number and Embassy/Consulate as stated on the beneficiary's current address at the time the petition was filed. They will ignore that the petition indicated Frankfort. The petitioner needs to directly request the transfer through the pubic inquiry form, and provide any documentation needed for the transfer to be accepted. Don't expect them to notice the DS260 address and change it on their own. Nothing more from USCIS is correct though. You should have an email from NVC soon.
  10. Correct. Unfortunately this homework is best done before the exam. While you may have had grounds to file directly with the Consulate in your country, you now probably don't have grounds for any kind of expedite. Everybody's children grow up fast. Nothing unique about your situation at this point. At least not based on anything you wrote.
  11. I see this as a non-issue, the way you described it. No need to do anything.
  12. My first sentence applies to you. The second sentence is extra information about the USA. You need a birth certificate from Libya. Here's how to get it. https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Libya.html Birth Certificates Available Fees: 500 Libyan Dirham = 0.5 LYD Document Name: “Chahadat AL Milade” in Arabic. Issuing Authority: The Civil Status Office Special Seal(s) / Color / Format: Printed on A-4 white sheet paper and has a vertical barcode and a stamp. Rectangular red stamp bearing the following transcription: Department of Civil Status, 500 Dirhem, In exchange of civil status services. Round blue stamp with the following transcription: Ministry of Interior, Agency of Civil Affairs, Name of the Civil Status Office’s branch. Issuing Authority Personnel Title: Civil Status Officer on Behalf of the municipality. Registration Criteria: Registration is not required Procedure for Obtaining: To obtain a Libyan birth certificate, non-national applicants must send all pertinent information (including name, date and place of birth, and full names of parents) to their respective Embassy in Tripoli. That Embassy will then make a formal request to the Ministry of Foreign Affairs to obtain the certificate from the appropriate municipality. Libyan applicants, or a friend or relative of the applicant, must appear in person at the appropriate municipality office. One must provide his or her family book. Certified Copies Available: Certified copies are not available. Alternate Documents: None Exceptions: None Comments: None
  13. Previous responses are correct, but incomplete. You are the primary sponsor no matter what, but if your spouse has either clearly sufficient liquid assets that can be documented, those assets can be used to meet the requirements. Further, if your spouse has a job that will continue once in the USA from the same source, their income can be used as well. If neither of those is true, you will need a qualified joint sponsor, or to return to the USA and get a job with enough income before proceeding. Now is the time to download and become an A-Student of the I-864 instructions.
  14. Just reconfirming, birth certificates must come from the country of birth. In the USA, each State, issues birth certificates, but they are States of the USA.
  15. Correct, but by the time the petition is filed, your now fiancé will be your spouse. Marry first, then spouse files the petition. I always advise giving a generic but truthful answer to the purpose of your visit. That a wedding, even your own, is one of your agenda items, is irrelevant. You'll face more scrutiny if you say you are entering the USA to get married.
  16. And thanks for typing all three words Tax Return Transcript. However, that is not "always" available. A complete tax return with all schedules, W2 and 1099 forms is also acceptable. That's why the word "or" is in the instructions. I agree a Tax Return Transcript is preferrable, but it is not "always" available.
  17. Whenever we see any transcript reference, it means Tax Return Transcript. We have quite a few lazy typists though.
  18. It's only correct if the sponsor is paid $25 per hour and is paid weekly. Hopefully the petitioner speaks and understands English Sentences. Get them involved. Your husband is the sponsor providing the affidavit. Get his help. Not in a sentence but as a formula for a person paid hourly is hourly rate X 2080=Current annual income. 2080 = 40 X 52
  19. There is no such reference, because the assertion is false. The K3 and K4 visas have been virtually unavailable to anybody since February 1, 2010, more than 15 years. People still file the I-129f for spouse in the hopes their I-130 will be pulled out of line when the I-129F is administratively closed. It happens sometimes. Totally unpredictable. My only explanation for the handful of K3 visas issued each year, is that some politician intervened. Read last sentence of first paragraph here. They used to be more specific indicating they close the I-129F in favor of the I-130, which is actually what they do. https://www.uscis.gov/family/family-of-us-citizens/k-3k-4-nonimmigrant-visas A portion of my own explanation follows. On December 21, 2000 the Legal Immigration and Family Equity Act (LIFE Act) was signed into law. One of the provisions this legislation is the creation of K-3 and K-4 non-immigrant visas for spouses of US Citizens who are outside the US, and the children of those foreign spouses. These visas were created to allow reunification of families of US Citizens, by allowing the spouse and children to enter the United States as non-immigrants, and filing for Adjustment of Status inside the United States, rather than waiting for Consular immigrant visa processing. Provisions for processing for the K-3/K-4 became effective on August 14, 2001 after coordination required between USCIS ( then the “INS”) and the State Department. Until November 2006, USCIS adjudicated petitions for CR1-2 and IR1-2 visas separately from the K-3 petition and at different service centers. In November 2006, USCIS changed its policy and began adjudicating the petitions together and with rare exceptions, completed adjudication or approved both petitions the same day. Effectively, this did away with the previous far shorter timelines for the K-3 and K-4 processes. The February 1, 2010 changes in National Visa Center procedures (Administratively closing the K3 spousal visa case when both approved cases arrive together as the virtually always have since early 2007), make these visas virtually obsolete. Note, sometime a few years later, USCIS got the message that NVC wasn't continuing the I-129f petition for spouse processing, they simply stopped approving and forwarding them to NVC.
  20. Evidence of "concrete steps" must be real/actual. You decide the steps and provide the associated evidence.
  21. A month is longer than normal, but be assured, you don't ever need the hard copy receipt notice for anything. No need to stress about it. They have your case and it's in the queue. You have your case number. There's no new information on the hard copy.
  22. You have it right as to 1 to 3. 4. Yes, submit the evidence.
  23. I already gave you the formula. That formula works for people who are paid weekly. The last calculation depends on the frequency of pay. First check the dates on the pay stubs to see if the pay is every 7, or 14 days, or is it twice a month, or once a month. You multiply by 52, 26, 24, or 12. Correct for weekly pay only. See above post.
  24. Yes, on the current income. A tax return for 2022 that only shows adjusted gross income REALLY would be because he filed the 1040EZ version. In that case you enter the adjusted gross income. This also is clear from the instructions.
  25. Quoting myself, I want to add that your question itself raises a red flag. I presume there's a reason you want to use a different number. Usually, that means there are significant deducted expenses (example being a landlord) that reduce the total income well below the total salary or wages. This would be a complication to deal with based on specifics. Many "landlords" or others with money losing side businesses, are both employed and self employed, which bring their "current income" into question, in that it is likely their actual taxable "total income" is going to continue to be less than their employee income. Depending upon how much less, they may not qualify.
×
×
  • Create New...