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Everything posted by pushbrk
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I-864 Question – Using Assets to Qualify
pushbrk replied to Reynal2m's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Yes, I think it is worth trying, but I also like S2N's answer. -
I-864 transcripts
pushbrk replied to Uriensf5's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Yes, information from three years, but since there is no qualifying past income to document, only the latest transcript is required. No problem including all three though. -
I-864 transcripts
pushbrk replied to Uriensf5's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Pay stubs are only to document current income. If you don't have current income, sounds like you will also need a qualified joint sponsor. -
I-864 transcripts
pushbrk replied to Uriensf5's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
You are going to need information from three past tax returns, but are only required to provide the latest year's transcript. Pay stubs are used as evidence of current income. What you will need depends on the full circumstances you have not mentioned. -
Bona Fide Evidence for Visa Appointment
pushbrk replied to KMG's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
The most crucial evidence is the evidence you were staying together long term. You entry and exit stamps in your passport are primary evidence of that, as are airline boarding passes. Photos are secondary but include if you have. Leave out the wire transfers. They are evidence of money going one way, not comingling of finances. Evidence you are supporting the foreign spouse are not helpful to the foreign spouse showing a bona fide relationship with a US Citizen Petitioner. Skip the chats. Your time together is far more important. -
I-864 Question – Using Assets to Qualify
pushbrk replied to Reynal2m's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
I understand the belt and suspenders mind set, but I don't subscribe to it in this context. Avoiding obligating a joint sponsor when not absolutely necessary would be my priority. YMMV -
I-864 Question – Using Assets to Qualify
pushbrk replied to Reynal2m's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Everything has a context. The reason you would file an I-864 with no income or assets is that the petitioner is required to do so in that circumstance. In such a case, a joint sponsor would be required. In the OP's situation, they clearly qualify, and the home equity would be considered within its context as part of the totality of circumstances. By your logic marriages fail often, so why would anybody try it? Qualifying as sponsor using assets is allowed. It requires properly completed affidavit and properly documented qualifying assets. Anything marginal is risky, but those will clearly qualifying finances are routinely successful using assets to sponsor an immigrant. -
I-864 Question – Using Assets to Qualify
pushbrk replied to Reynal2m's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
This is an example of documentation and completion errors. They qualified, but what they presented did not make that clear enough. -
I-864 Question – Using Assets to Qualify
pushbrk replied to Reynal2m's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Easier for me, as I primarily hang out in the spouse visa forum. However it is not correct that USCIS or Consular Officers "do not allow" equity in a primary resident to be used as an asset. What's true is they don't consider it liquid. In this case, they will know the sponsor has lower expenses because they pay no rent, and they have sufficient liquid assets to make up for the income shortfall. -
I-864 Question – Using Assets to Qualify
pushbrk replied to Reynal2m's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Too general. When done properly, this should be fine. It's the D/R, not India. -
I-864 Question – Using Assets to Qualify
pushbrk replied to Reynal2m's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
USCIS will not be involved in the financial part of the decision on a spouse visa case. That is all submitted to NVC and the Consulate. -
I-864 Question – Using Assets to Qualify
pushbrk replied to Reynal2m's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
The 90k in the bank can carry the day. Just a few statements with the oldest being at least a year old will do. With regard to the apartment, sure listing it as an assets and documenting the equity is certainly allowed, but when evaluated, the equity will not be considered liquid. What it's good for is to show you don't pay rent, and are solvent. USCIS has nothing to do with evaluating an Affidavit of Support in a spouse visa case. That will be NVC and a Consular Officer. -
The question relates to the children being biological children of the US Citizen petitioner. If the US Citizen petitioner was a USC at the time of each child'e birth and meets the physical presence requirement, they don't need visas. They need Consular Reports of Birth Abroad, and US Passports. Please clarify whether the petitioner was a US Citizen when each child was born, and whether they lived in the USA at least 5 years, one year of which was after turning age 14. If so, they are US Citizens and cannot be issued immigrant visas. You take the CRBA, and US Passport route.
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The actions you did not take (filing the childrens' petitions when you filed for your spouse) are the reasons for any separation. What you can do to avoid separation now, is to delay your spouse's interview until they can all go together. Are these the petitioner's step children or their natural children?
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Cairo, Egypt (Split)
pushbrk replied to AI.Wonderz's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Be cautious of any advice from others about whether you should do it yourself. They know nothing more about your aptitude, attitude, or capability to do homework, read carefully, interpret literally, and respond accuratly, than that you found the wrong forum on this website and hijacked a post in the wrong forum. Make your own decision based on those factors. The partner page is there for good reason. https://www.visajourney.com/partners/ -
Notice of Intent to Deny just received
pushbrk replied to Rasputin's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
The above suggestions are great for an initial submission, but mostly would look contrived, if done at this stage. Anything created after receiving the NOID, is weak, at best. Seems there is plenty of non-contrived evidence available that was not submitted initially. -
Can, yes, but in 20 years I have not seen any reports of visa denials based on tax filing status. What I...HAVE....seen is many visas issued when the petitioner filed single in a spouse visa case. I'm one of them. After 20 years here, I see it as extremely low risk. Yes, bonafides are best demonstrated with other primary evidence, like time together in person.
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In my twenty years here, I've never seen filing as single be an issue in the visa process. Many do exactly that, then amend their return after their spouse arrives and is assigned a Social Security number. In reality, NVC won't care at all, and the Consular Officer doesn't either. Just have your spouse explain, they don't have an SS number and you'll amend the returns after she arrives. Works every time it is tried. Unless you are an IRS employee, this is a non-issue, and if you were, you would have done it correctly. For rank and file taxpayers, there is no penalty for overpayment of taxes. That's the result of your filing choice. A later choice to amend, will cancel out the overpayment.
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Notice of Intent to Deny just received
pushbrk replied to Rasputin's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Exibiting such an attitude in your response, would be counterproductive.