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pushbrk

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Everything posted by pushbrk

  1. Note, that when people use the word "domicile" in this context they mean "intent to establish or re-establish domicile". Intent is the keyword. There are certainly ways to evidence that intent without relocating ahead of your family. You have plenty of time to research that.
  2. Correct. Parents are shown as immigrants previously sponsored who are still green card holders, not citizens. So household size will be four but the Consular Officer will correctly apply the 6 person household income requirement.
  3. It's ok to hand write. Perhaps it's an newbie at NVC making an error. It wouldn't be the first time.
  4. There are three kinds of copies of "divorce papers". A copy your lawyer gave you, a certified copy from the court or state records, and a photocopy of a certified copy. Any of the three can confuse certain individuals. I was adding to what you said, not correcting you. For my latest divorce, the court requested me to provide four originals. On the spot, the judge signed all four. The court kept one and the clerks certified the other three to give to me. It can be done any way the local court decides to do it. If a person doesn't know the difference, there's room for error.
  5. Not sure why anybody is worried about an old I-130 except to save the fee. Safe approach is a concurrent filing of I-130 and I-485, plus I-765 and I-131 if needed.
  6. Assuming this is a spouse visa case, your spouse should be counted only as the intending immigrant. Properly filled with an Adobe product, on a preceding page, you will have indicated you are sponsoring 1 immigrant. Since that is your spouse, the form will automatically populate a one on the later page for the number of immigrants. You do not also enter a one for spouse, as that will count her twice. Did you count her twice, or not at all? Probably one or the other.
  7. For most documents, divorce decrees included, what is required is a "certified copy". The original is never available. Petitions are filed with photocopies of certified copies, but at interview the actual certified copy can be requested. If "requested" it's "required". Using the correct terminology is important, even if sometimes officials fail to use it.
  8. Point of clarification is that nothing stops the applicant from leaving, but IF they leave before being granted Advance Parole, they will not get back in to complete the process. This knowledge usually prevents them from choosing to leave, but not always.
  9. Visiting and residing are not the same thing, but it sounds like she meets the "residing" definition. Not that it matters, but in the Philippines (back when Direct Consular Filing didn't require special circumstances) a person could "reside in" the Philippines on a tourist visa, because you can keep extending for up to three years at a time, with only a day of absence before starting the new three years. Lots of folks did it. A "temporary permanent resident" is a contradiction in terms but since it's a real thing, it's a real thing.
  10. If the Filipino spouse is a legal resident of Costa Rica, at the time of the interview, the interview will be there. Otherwise, Manila.
  11. To be clear, you will need a passport for the travel, and if your visa is approved at interview, you will have to ask for it back and delay the visa issuance, or cancel your trip. No way to get you passport with visa back the same day as the interview.
  12. I would say it's fine to just let your spouse carry current pay stub and account statements to the interview. One "year end" pay stub will do nicely, as it will show your full year's income. If the raise shows on that statement, even better.
  13. The petition does ask if he's in the USA. If you file before he leaves, say yes and complete his entry related question. Also, make sure you do NOT indicate a location where he will adjust status. Only indicate he will apply for a visa in Santiago. If it's a short wait until he leaves, go the other way and say he's not here, then wait until he leaves to file.
  14. Your questions indicate perhaps you left out doing the part I advised about becoming an A-Student of the form and its instructions. That's how you got in this spot to begin with. I gave suggestions about the most likely mistakes. There could be more. You'll only know if you do the homework. Also, read questions carefully, interpret literally, and answer accurately. If your answer isn't true, it's wrong. If your household size wasn't right, you made a mistake. This is the most difficult form in the process to complete correctly.
  15. What I said was not to to both, and to enter zero for spouse. Yes, do enter 1 for the number of immigrants being sponsored.
  16. Six months is an artifact from decades ago. 1 pay stub showing year to date earnings is sufficient. When is the last time you saw a pay stub that didn't show YTD income. A late December stub is as good as year of individual stubs unless there was a job change during the year. An early January stub plus the December one, shows more than a year.
  17. FPU means Fraud Prevention Unit. FPU interview would happen because fraud is suspected. Best guess is you already know why.
  18. I'm not usually a belt and suspenders guy. Without seeing the affidavit though, it's my recommendation to do it again right this time.
  19. I'm not Family's aspirin supplier but I did notice three things in the RFE that got my attention. "Properly completed" and "proper household size, and then the mention of which numbers to enter from the tax return. I would start over, by becoming an A-Student of the I-864 and it's separate instructions. Then use an Adobe product, like Adobe reader to complete the new form. Get the household size correct, by not entering a 1 as the number of people being sponsored, and then another 1 for spouse. If you are sponsoring your spouse, they are already counted as the immigrant. Enter 0 in the spouse blank, and let the form calculate the household size properly. In the tax section, enter the "total income" number from any/all tax returns that have been filed in the last three years. If there are only one or two, that's ok. It is year end. Any ONE current pay stub will serve to show current income and year to date income as well. Calculate current income buy using the gross income number for a full pay period, times the number of pay periods in a full year. Example, every two weeks is 26 pay periods, not 24. The most important of the three things actually covers the other two as well. "Properly completed" is the key. I would say there are two or three errors in completion that are causing the problem. It's not that the sponsor doesn't qualify. The problem is they can't make a decision because the improperly completed form.
  20. Nothing like that required at this stage, but if you have evidence of another or more visits or additional relationship evidence not already submitted, it's OK to do so. We call that "side loading".
  21. You can also take the actual printed forms to a business center and ask them to scan to PDF at 100dpi, and put it on a USB drive for you. It's not usually practical to do these things using a phone. Hotels usually have them but they are not difficult to find. They are in business for a reason. Internet Cafes can also often do this for you.
  22. Your marriage took place where you certificate say it did. Provo is in Utah County, Salt Lake City is not. You were married in Salt Lake City, Utah. Yes, screen shots are fine. The evidence you mentioned is fine to use screen shots. Your strongest evidence is you are living together. Document that, but stating it on your forms makes it clear too.
  23. I would think that's good enough, since the visitation is not being interrupted.
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