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Everything posted by pushbrk
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CRBA steps after NVC DQ'd
pushbrk replied to MattplusNoemi's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Update the I-864EZ to add the child, so they are included in household size. CRBA and Passport application instructions are on Embassy's website. -
Now that I understand the situation, a married petitioner whose immigrant spouse is already living with them in the USA, should always have a signed I-864a from the spouse, whether they have income or not. It's just because they are married and filing a joint tax return. In this case, the spouse of the petitioner is also the parent of the immigrant. Had you come here first and explained the situation, and number of the senior members here, including me, would have advised including the I-864a. The good news is that once you do, things will proceed in a positive way. Affidavits of support are not just ways to show somebody is willing and able to support an immigrant. They are also a contract, and they want joint filing spouses to both be under contract.
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My answer is pretty much the same, but this doesn't sound like an exceptional circumstance, to me. It sounds like a choice, and also pretty obviously, the couple is not in a hurry. Living together a few years is the positive issue. Having filed before and not proceeded is neither negative or positive.
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A new job with a new employer, would not qualify for DCF. DCF, (too late now anyway) would work if your current US Employer was transferring you. You choosing to find a new job is highly unlikely to qualify. I see you haven't adjusted your attitude yet. The sooner you do, the sooner you'll be able to make the right decisions for you and your family's future. This is the IR1/CR1 visa forum. It's about US Citizens bringing foreign spouses to the USA. The participants here, particularly the senior ones here have already been through the process, and helping others for years. We are all trying to help you, so please drop the attitude. OK?
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Affidavit of support down the line.
pushbrk replied to hsolis's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
It won't change if you follow my advice and do your updating AFTER you already have an interview date. If your hours fluctuate, then take the average of your pay at the end of December, by dividing the total income earned so far, by the number of pay periods, then multiply by the number of pay periods in full year. If it's well above the minimum, you're good. -
I've not seen that claim. If I did, I will explain, as now, that it is not true. The low issuance of K3 visas since 2010 has been the result of first, changes in USCIS policy to approve both petitions together. NVC later adjusted their policy to deem the immigrant visa was now available when they received both petitions together. They started cancelling the I-129F for spouse in all those cases. Later, USCIS adjusted their policy to cancel the I-129F for spouse as soon as they detected the two cases. What rarely, but sometimes happens is that they pull the I-130 and while it's in front of them, go ahead and approve it. That rare thing has nothing to do with the death of the k3 visa, effectively February, of 2010.
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Affidavit of support down the line.
pushbrk replied to hsolis's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
If your income still qualifies, wait until the interview is scheduled, then upload an updated I-864 and supporting documents. If your income no longer qualifies, do that plus upload a complete package from a qualified joint sponsor. -
Sounds like you are getting your wake-up call now. This site is here to help people do it themselves, but you came here only after starting without doing the homework part. You are going to have some hard decisions to make, and must get your head around accepting a path and timing you don't like. The sooner you drop the "I'm not going to...." from your mind, the sooner you can move ahead productively.
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Address History on I-130a
pushbrk replied to AndrazZ's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
I understand. I'm telling you the correct interpretation of the question. People visiting the USA on ESTA, Canada Visitor, or B1 B2 visas don't live in the USA. They visit. The question is about where you live, not where you slept. If it was about where you slept, you would need to list every hotel, or one night stay with a friend, as separate addresses. That said, it won't harm anything to list the four month stay, but it might give the adjudicator a chuckle.😁 -
Address History on I-130a
pushbrk replied to AndrazZ's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
This is incorrect. One does not live in the USA, while visiting on a tourist visa. The form asks for the foreign spouses residence address. If they went home to the address from which they left, then their residence was the address the lived before and after their tourist visit. That it was four months is no different than if it was two weeks. One does not "live in" the USA as a tourist. -
Dependent questions (split)
pushbrk replied to Sage11's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
No. She is not a dependent. -
Dependent questions (split)
pushbrk replied to Sage11's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Of course he counts his child living with you in Canada. No, he does not count his ex wife as a part of his household, unless he's also planning to claim her as a dependent on his 2024 federal income tax return. -
I-130 filing questions (Merged threads)
pushbrk replied to Mizuki00's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
The I-130 instructions are clear on what constitutes a "certified translation" and what the translator "certifies" about the translation. If you aren't an instruction reading following kind of person, hire somebody who is. You'll be glad you did. -
Draft I-130 online before marriage?
pushbrk replied to S2N's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Could be a problem. Why not do your draft using the PDF version? Doesn't really take long to retype using the online form. -
Your brother would be the only joint sponsor. He qualifies on his own, and does not need to combine income from you. You are at the same address, but that does not dictate that he act as a household member. An I-864 from each of you. Brother is single, nobody but himself and the immigrant(s) he's sponsoring are counted in his household size. Only you, your dependents and any immigrants your are sponsoring are counted in your household size.
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Filed I130, got pregnant
pushbrk replied to yuyul's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Yes, it certainly is ok to use a tourist visa to seek medical care. Not sure I agree that visiting to give birth is "medical tourism". Presumably, there would be additional valid reasons for visiting. -
You have far more than is necessary. Certainly no need for anything more. Expect maybe 10% of that to even be looked at. The most important is the primary evidence of time spent together in person. Primary evidence is passport stamps and boarding passes. Photos and similar are secondary evidence. My advice is to pare it down by at least half.
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Got DQ along with a Case FE Review Note
pushbrk replied to meg127437's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Ignore the case note and be sure your spouse takes a current pay stub with them to the interview. -
Filed I130, got pregnant
pushbrk replied to yuyul's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Study here. I used the word study for a reason. https://sg.usembassy.gov/consular-report-of-birth-abroad-crba/