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pushbrk

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Everything posted by pushbrk

  1. I will just second that for Texas, you need a certified copy of the complete divorce decree. There are no short versions.
  2. Probably right, but remember if a person is paid every two weeks, that's 26 pay periods. Twice a month is rare nowadays.
  3. Good idea. When a Consular Officer sees a self employed sponsor filed the EZ version, big alarm bell should start ringing.
  4. Financial documents need not be original. Civil documents need to be original certified copies. Original civil documents are owned by the government agency that holds the records.
  5. Yes, if one files the EZ version they use the AGI as the number in the tax section. However, any Consular Officer knows your joint sponsor's tax return is filed using the wrong form. As such, expect problems.
  6. Disqualified from filing the EZ version on multiple grounds. Unless he files a proper return, you'll need to find somebody else.
  7. AGI is correct for a sponsor who files a 1040EZ, but the EZ version is hardly appropriate for a self employed person. What kind of self employment is this? Who Should File a 1040EZ? File as single or married filing jointly. Be under the age of 65. Not be visually impaired. Not have dependents. Total taxable income should be under $100,000. Income should only come from wages, salaries, tips, unemployment, or taxable scholarships and fellowship grants.
  8. No need for a new affidavit, and no need for wet signature. Scan and email is fine for this.
  9. She has no income, so is not required to file. There's box to check to indicate this is the reason she has no returns. The petition has an employment history, that shows she hasn't worked in the past five years. No need for US Federal tax returns in this case.
  10. You don't. Just use the married name going forward at NVC. Your marriage certificate is all you need as evidence of name change, but adding the new passport scan would be good. Truth is, you could have filed under the married name to begin with, if you knew that was your intention. Same goes for if the beneficiary intends to take a new married name. File under the name they intend to use.
  11. Definitely consult appropriate legal counsel. I can assure you of two things. One, you do not need to withdraw the petition. If she leaves the USA without advance parole, notify them she will now be seeking an immigrant visa instead of adjusting status. Second, while asylum policy may change, regular spouse immigrant visa processes did not change under 45, so no reason to think they will under 47. Trump is 45, and 47.
  12. Good plan, but scan and email her your latest pay stub too. That's evidence you are still employed and your current income.
  13. One of the biggest problems with self employed sponsors, is confusion about how to state their income. People who are NOT self employed also get confused about this and confuse "revenue" with "income". In this context the self employed sponsor's current income is exactly the number on the "Total Income" titled line of their most recent 1040. In this case, that is presumably from 2023. If the total income (in this case it's pretty important it be all three years) is well above the minimum, income requirement, then there's no big issue. Even better would be to use an Tax Return Transcript, but still the number comes from the total income line. If the joint sponsor is married, provide an I-864a from their spouse, even if the spouse has no income. You will also need evidence they are currently living in the USA, like a utility bill, etc.
  14. If instructed to upload, no need to mail. Correct, no such thing as an original tax return transcript.
  15. What I would add at this stage, is that if the wife's income was below the tax filing threshold, she does not need to file any tax returns. No is the time for you both to forget about what you read elsewhere and become A-Students of the I-864, and it's separate instructions. Sounds like Mom needs to be the joint sponsor. Petitioner is going to need to provide some kind of evidence, not that they currently live in the USA, but that they have taken actions to show their clear intent to re-establish US Domicile. One would think that filing the I-130 petition would be evidence enough, but it isn't.
  16. Crew member visa is an exception to the practice of forgiving overstays for spouse of US Citizen.
  17. No, I would not suggest that. First, you cannot enter without your spouse preceding you or traveling with you. But, as long as you meet the together part, it's only money. It will work or it won't.
  18. If you have qualifying income for 2024, you do not need to wait for a transcript. You can upload a new affidavit and a complete copy of your federal tax return, including 1099's and/or other applicable evidence of the income.
  19. Sounds to me like you have been self employed, from home, as a "freelance something" the whole time, or any time you were not directly employed during the last five years.
  20. US Immigration officials will not care about why you want what you want. You can't have it. Best to abandon your visa and start over when you are ready to immigrate. The purpose of these visas is to unite the family in the USA. Since that is not your current intention, you have proceeded too early. Had you asked about this a year ago, we could have advised you on how to delay the process until you are ready. Now it's too late for that.
  21. Your plan sounds good to me. Nice addition.
  22. Probably, but if you are cutting it close enough to matter, it's too close.
  23. Respond with an explanation like you gave above, and include the quote and its URL, to remind them of their own policy. They are imperfect humans.
  24. I would just indicate you lived together at the Canada address for the last period you did so. Otherwise, do not include it in MORE of your address history. No need for that.
  25. For planning purposes, expect the requirement to go up by the same 2.5% as the Social Security COLA.
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