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Everything posted by pushbrk
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When you respond, a senior officer will be the one reviewing your response. Add a respectful but direct explanation of why you qualify based on liquid assets.
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Then make sure they are all properly stated and documented. I agree it's time to get your congressman involved. I recommend contacting the office of the Senior US Senator from your State, unless you already have a relationship with another member of Congress. You do NOT need a joint sponsor, but I cannot testify as to the correctness of your affidavit of support.
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My millionth clarification regarding and original public record. Any "original marriage certificate" a person might have would be a souvenir only. The original marriage certificate is a public record owned by a government entity. What is needed at interview is an actual certified copy. When filing the petition, you need only a photocopy of a certified copy.
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You have a brokerage account and an IRA. How old are you? How many times the income requirement do you have in liquid assets? Enough means well over three times the assets, as the income shortfall. Please provide more details before concluding your assets are being ignored, or that the Consular Officer is not following policy. If you DO have well over the income shortfall in liquid assets, you can explain and appeal. If you don't, you need a joint sponsor. Details matter. If you are under the age to make tax free withdrawals from your IRA or 401k accounts, those cannot be considered at full value, do to early withdrawal penalties. Sure, the easy solution is a joint sponsor, but details matter.
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That assets are ignored is a false conclusion. People are regularly approved using liquid assets only. The assets need to be well above the minimum of three times the income shortfall, must be liquid per the definitions in the I-864 instructions and well documented. Well documented means statements showing the assets have been in accounts owned by either the petitioner or beneficiary for a year. Four total statement is enough. One each from 12, 8, and four months ago, plus the most current one for each account will do nicely. If you are no well above the minimum, like 5 or 6 times the income shortfall, get a joint sponsor. Just because some people do not properly present and document their assets, they aren't liquid, or they make mistakes in completing their affidavit, does not mean assets are ignored. They simply are not "ignored".
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You don't have a green card to abandon. You have an immigrant visa that will expire and be meaningless, if you don't use it. You are dealing with this too late, to save any value to this visa process, unless you go ahead and immigrate. Abandoning the current immigration process, means only that the petitioner will need to file a new petition and start over at a later date. Expect the process to take about the same time this one did. On the other hand, an employer in the USA, is very likely to accept that the reason you left your previous job was to immigrate to the USA. Any future job will be in the USA, not Pakistan. People get new jobs in the USA frequently, without positive recommendations from their former employer, particularly if they have good reason to leave. You do have good reason. But still, your US Citizen Spouse must enter the USA before you, or with you. They can leave again, but you need to maintain your permanent resident status. That doesn't mean you can travel internationally. See here about maintaining. https://www.uscis.gov/green-card/after-we-grant-your-green-card/maintaining-permanent-residence
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Any advice please! Ir1 visa
pushbrk replied to James1998's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
I would consider this a non-issue, but be prepared to explain, if asked. Misrepresentations that matter would be on the DS260, so misrepresentations by the visa applicant. This is a petitioner mistake. -
2024 Federal Tax Return needed?
pushbrk replied to Gaiden79's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
She can take a copy of a current pay stub and the W2 to the interview. -
How up to date do documents need to be?
pushbrk replied to Gaiden79's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
So, a year to date pay stub from both first and second job, but calculate current income based on a current pay stub. It is not necessary for the numbers to be the same. You are not stating a 2024 income anywhere anyway. You cannot, until you file a tax return later. Your spouse will take that tax return to the interview with even more up to date pay stubs from both jobs. -
"Not Required" doesn't mean "don't do it". Note that your year end pay stub for 2024, will show year to date income, so only one from 2024 plus a current one from the latest pay statement is needed. You will also be entering your current income, which is the gross pay times the number of pay periods in a full year. Sure, if you have a stash of money in a checking account, state the amount and provide a bank statement to document it. That will strengthen your case.
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Start by clicking on the word "guides" at the top of any page here. You have lots of homework to do.
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Very risky idea. If you don't already have the IR1 visa, it would be best to postpone the interview, so your contract is over before you enter. Your plan plays fast and loose with the rules, even if the US Citizen is in the USA or enters with you. If the US Citizen is not ahead of you or with you, you will likely be denied entry. You can try entering again before the visa expires, but trying to do things against the rules is a crazy risk. Play it straight or don't play, is my advice.
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And your point about not being able to use the assets because the box was not ticked is simply wrong. Do a new I-864 properly, by stating and documenting the assets. One or both of you is an unemployed investor, so your income stated is the number called "total income" on the 1040. The form does not tell you not to enter assets. It says it's optional, if your income is sufficient. What NVC did or did not do is irrelevant. It is the Consular Officer that makes the decision. They didn't tick the box about assets because they didn't know about them. You think they should have and maybe you're right, but it doesn't matter. You neither stated or documented the assets. Start over, and do it the way I told you will work, and it will.
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You haven't even done enough homework yet to read the first three questions on the I-864EZ. Unless you can answer all three questions yes, you cannot use the EZ version. Become an A-Student of the I-864 and its separate instructions. You will show zeros in the tax section and check that he has NOT filed the last three tax returns. Then you state "Disabled Veteran" as his occupation and enter the annualized tax free income as his current income. Document the income with the applicable award letter or letters.
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There are not enough details presented here to form an opinion on whether the assets are sufficient. Just because use of assets was not "ticked" does not mean you cannot use them. What IS clear is that your affidavit of support was not correctly completed, in a way that the assets could be considered. You entered income that cannot be used. If your assets are liquid, and are well over three times the income requirement, they can and will be considered in London. You mention "income" from the assets. That would only count if it shows on the US Citizen's Federal tax return, consistently being above the income threshold. Is that the case? If it is, then your current income comes from the "total income" line of the 1040. You can then state and document the value of the liquid assets, in the asset section. Armed with that information (exactly as stated above) do you still think you qualify?
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Do we need a new i864?
pushbrk replied to hope00012's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
And, if employed, a copy of your year end pay stub and a current one. 2023 tax returns are about the past. Pay stubs are evidence of ongoing current income. Current income is king in this context. -
Filing I-130 for spouse and stepchildren
pushbrk replied to dapacoba's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
18.