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Everything posted by pushbrk
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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/ -
Yes. There is no requirement to have filed tax returns to file the I-130. However, in order to qualify as your spouse's sponsor, you have to have either filed the last three tax returns, or show you were not required to. The acceptable reason for this is that your income was below the filing threshold. If that's true, then you won't qualify as the financial sponsor. Two choices. Return to the USA and go to work, or have a willing and qualified joint sponsor. The sponsorship issue comes up only after the petition is approved, a year or so after filing.
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If you cannot edit the DS 260 then stop worrying about it. If asked at the interview, just be factual. Clearly, you are not hiding anything. These are not disqualifying issues, but your obfuscating attitude about them could be a problem. Smile, and say, yes, I had some vehicle related violations back then. They can read the dates and do the math.
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Filed I130, got pregnant
pushbrk replied to yuyul's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
The US Citizen can authorize the other parent to appear in their behalf. It is not required they be there. -
You (the OP) keep minimizing and downplaying these offences. The dates don't matter, so get those thoughts out of your head. If asked, explain them directly and concisely without editorial comment. I don't really understand what those offences are. The terminology is not familiar to me. Sounds like you were never arrested or convicted. Please be clear about that. Did you ever go to court and be sentenced? Did you lose your driver license for six months? Personally, I don't consider speeding tickets or failure to have a current inspection to be criminal matters. You are disclosing these because they are on the report. Unless one or more is an actual criminal offence, I would neither worry about them or tick yes to that question. If you do, then see if a question comes up about them. If it does, answer "five traffic related offences, related to insurance and inspection stickers". If you try to minimize and downplay instead of giving direct answers, they are likely to start wondering what else you are misrepresenting.
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Replying to myself after reading more of the thread about having an I-485 denied. Completely different context. Proof of Citizenship is definitely required of the US Citizen as part of an I-485 filing, just as it is for an I-130 (if USC not LPR). But proof of citizenship at NVC stage in connection to an I-864 is not. It is required of non-petitioner sponsors.