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Everything posted by pushbrk
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K-1 NVC Processing Delay and NOA2 Expiration
pushbrk replied to Nidoe's topic in K-1 Fiance(e) Visa Process & Procedures
No need to concern yourself with the expiration of the approval. It will be automatically extended in four month increments until you fail to attend the interview or denied at interview. -
Is Uploading Documents to CEAC for MIV Required?
pushbrk replied to Modest's topic in K-1 Fiance(e) Visa Process & Procedures
You do not upload documents in a K1 visa case. That's for Immigrant visas. Follow the instructions from the Consulate. -
VA 100% perment disability. K1 visa
pushbrk replied to FriendlyFriend's topic in K-1 Fiance(e) Visa Process & Procedures
Assuming your VA disability income is clearly sufficient, you simply state it and provide the latest award letter. No reason to expect a problem. -
The W2 itself is not relevant to the affidavit of support, even if some of the numbers may be the same. I'm using the I-864 criteria, which is what the Consular Officer will consider. When asked about any number from a past tax return, it is the Total Income number unless you filed using the 1040EZ. In that case it is AGI. It is often true the Total Income and AGI are the same number but use the Total income number.
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Your current income is king here. In my opinion, no need for a joint sponsor. Your AGI is not the number shown on the I-134 though. While the number is often the same, you use the "total income" not AGI. For current income, state your current income of way over 100k. Calculate it using gross pay for a full pay period, times the number of pay periods in a whole year. Add those two figures together and that is your current income. Document it with the copies of the pay stubs you used to calculate it. Once you file to adjust status, you do the same. Perhaps you will have filed a new tax return by then. "Joint sponsor" takes about two seconds for me to type, but securing one, asking them to disclose the information, then complete and sign an I-134 is a much bigger deal. Even a bigger deal for the binding I-864. Expect success based on your actual current income.
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The logistical problem is complicated by her desire to be in a different country. She can request her passport back, and they can get it back from her when they are ready to issue, but she will need it to do any border crossings in the meantime. It might be a tough choice to make, but she either requests her passport back or waits where she is.
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- administrative processing
- k1
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assistance filling out i-129f
pushbrk replied to visajurney20.26's topic in K-1 Fiance(e) Visa Process & Procedures
Note that sometimes a question is applicable and the answer is "none". For example if there's a place to list 4 children and you put NONE in the first available space, that's good enough. Move on to the next section. -
Change of Citizenship
pushbrk replied to Devoted 5976's topic in K-1 Fiance(e) Visa Process & Procedures
The key is that from the first post in this topic, neither the spouse or child are any kind of "resident" in Canada. As such, they must interview for the visas in Guangzhou. -
Change of Citizenship
pushbrk replied to Devoted 5976's topic in K-1 Fiance(e) Visa Process & Procedures
And that's the real answer. Misinterpretations and failed attempts at reading breed misleading advice. -
Change of Citizenship
pushbrk replied to Devoted 5976's topic in K-1 Fiance(e) Visa Process & Procedures
Incorrect. It's country of Citizenship or country of legal residency. Best to read carefully before misinterpreting. -
K-1 Visa, Status is Refused on NVC CEAC site?
pushbrk replied to Modest's topic in K-1 Fiance(e) Visa Process & Procedures
No interview has even been scheduled yet, per the OP's post. -
Yes, if you married in the Philippines, you'll need the PSA Marriage Certificate for the filing. If you use the local civil registry certificate instead, you'll get an RFE. Deal with passport name change later. The I-130 asks for her current passport information, but it's ok if it changes during the process. You just provide it again at the NVC and visa application stage.
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File with the name she intends to use going forward. She can complete the name change and get the new passport during the process. That it doesn't match yet at filing doesn't matter. There is no wait for a work permit with an immigrant spouse visa. She is authorized to work upon arrival. So, that is not an issue. The most important evidence of relationship will be passport stamps and/or boarding passes showing time spent together in the same country, and some photos from your visits. No need to complete any laundry list of evidence categories. Newlyweds living in separate countries are not expected to have joint bank accounts anywhere.
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Don't pit websites against each other. Use this sight and pay attention to the senior members' advice. You do not mention the country your future spouse is coming from, but to my knowledge only Philippines and Thailand US Immigrant visa units do not allow co-sponsors for a K1 visa. All accept for an immigrant spouse visa (CR1 or IR1). Download the I-864p and see the minimum required income from that official source. If it's just the two of you, it's $27,050. Just meeting the minimum assures nothing, but not meeting it certainly does. Your two jobs complicate things. You are considered both employed and unemployed. For an I-864, you will complete the tax section by entering the "total income" number from the tax returns, and then also state your current income from both jobs. If you are not taking any business deductions from the 1099 job, then your current income will be the total of both. Otherwise it will be the income from the W2 job, plus only the taxable income from the 1099 source. You posted your question in the spouse visa process forum here. You'll need to make a choice whether to bring a fiancee or to bring a spouse. You cannot bring a spouse unless you are married. Is that your plan?
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I like Crazy Cat's answer and advise you to stop thinking in terms of what you will use, and instead think in terms of answering the questions on the form itself. Unless it is your intention to quite the second job, then it is part of your current income. It might work to ignore it, but if it's part of your ongoing life, why play games. A current pay stub from either or both jobs is fine, without an employment letter, but the stub is actually better evidence than the letter. Further, it serves no purpose to provide things not required, like more than the one tax return transcript. The form asks for information from three forms, but only one return. Six months of pay stubs is an artifact from more than twenty years ago. One current one from each job, that shows current gross, the frequency of paydays, and year to date income, is plenty.
