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Everything posted by pushbrk
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RFE letter or self printed?
pushbrk replied to Lily A's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
If it is an actual letter and printable PDF file, no need to wait for the mail. -
Total income is the applicable number. You have a shortfall of 4,300. That number times three is 12,900. You have 20k in liquid assets, so you DO qualify MARGINALLY. Consular Officers know a lot of that 20k will be used up getting the two immigrants to the USA and settled. You would be wise to have a joint sponsor. Pay stubs/statements are useless for self employed, as the depict revenue, not income.
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Good plan. The use of the I-864a is often misunderstood. It's for combining income and/or the joint tax filing spouse of the joint sponsor, even if they have no income or their income isn't needed. In your case, Dad would be joint sponsor (probably not needed) and Dad's wife, if any, would provide the I-864a.
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There are no "cosponsors" in immigrant visa cases. You qualify based on current income but would need to wait until you have a pay stub for a full pay period, or maybe you have an offer letter stating annual salary, and a start date that has passed. The I-864a is for a household member combining income with you. I suspect neither of you needs to combine income. If you want your father to be the joint sponsor, submit two I-864 forms, one for you as sponsor, and another for Dad as "joint sponsor. Become an A-Student of the I-864 AND....it's separate instructions PDF.
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Joint sponsor clarifications
pushbrk replied to mr-t-bone's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Since there are two children, best to have 5 times the income requirement in liquid assets. Four regular statements spread over a year will be evidence enough. Notary is useless for this. -
Joint sponsor clarifications
pushbrk replied to mr-t-bone's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
See bold above. The petitioner is the primary sponsor, not a joint sponsor. The petitioner is going to have to provide evidence they intend to re-establish US domicile regardless. Sounds like a spouse and two children. If the petitioner has comfortably more then 3 times the liquid assets, they don't need a joint sponsor. "Assets" sit in bank accounts, not "income". Is this a spouse and two step children of the petitioner? -
Joint sponsor clarifications
pushbrk replied to mr-t-bone's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
No, you cannot contrive evidence. Also, it takes five dollars in liquid assets to cover one dollar of income shortfall. Secondly, just meeting the minimum doesn't cut it. The combination of income and liquid assets should be comfortably over the minimum. You'll need a joint sponsor who is actually qualified. Liquid assets are in the sponsor's name. The number of accounts is not an issue. This is all about a Consular Officer being confident the immigrants will not become public charges. -
Joint sponsor clarifications
pushbrk replied to mr-t-bone's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
The self employed use the "total income" line of their most recent tax return, as evidence of current income. This is because it is only "revenue" not "income" until it shows on the tax return after subtracting applicable business expenses. For business, "income" is revenue minus business expenses. If your prospective joint sponsor is self employed, their income hasn't increased yet. -
Joint sponsor clarifications
pushbrk replied to mr-t-bone's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Quite possible if he can document what he is claiming as employment income with a current pay stub. -
The status of the case is that it is waiting in line to be dealt with. That line is about a year long. What you CAN do is call USCIS with the information you have and ask for another Notice of Receipt to be mailed, or just ask for the case number. You'll need the full names and dates of birth for petitioner and beneficiary and approximate date of filing.
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What qualifies has been answered. Not sure why I thought Taiwan. Egypt is a different story altogether. It's not ultra high fraud, but you need to do some homework and so does she. Homework beyond asking questions. You've got two major issues we know of now. 1. A petitioner who is not a qualified sponsor, and the issue of convincing a Consular Officer your marital relationship is bona fide (Genuine) instead of just for immigration purposes. While it is true that any US Citizen or Lawful Permanent Resident living in the USA can be the joint sponsor, it should be somebody with a plausible reason to want to be. It's a daunting obligation. Check out the I-864 and the wording above where they sign.
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Expedite Request - Valid Reason?
pushbrk replied to General_123's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Doesn't hurt to try but two months is not realistic for results. -
i-130 I-130 address for beneficiary
pushbrk replied to 1234567899's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
They are not going to receive mail from USCIS. All mail from USCIS goes to the petitioner. When asked for physical address, provide physical address. -
My advice is to avoid any affidavits from third parties. At best they do not good and most often make you look desperate. If you've been living together and have evidence of that, it trumps any other kind of evidence you might dream up or contrive.
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- i130
- proof of relationship
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Not only is there no fee waiver, but you will need a qualified sponsor to complete the process. She must be the primary sponsor, but there can be a "joint sponsor" who is qualified. Many other factors to consider when the US Citizen is "financially challenged" and the foreign spouse is not, particularly if they are coming from a country with lots of US Immigration fraud. Fortunately, Taiwan is not one of those.
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Your timing is not going to work. You won't get a student visa if already married to a US Citizen and not already in the USA. If you're already studying in the USA, that's a different question. If you are outside the USA, just get the IR1 visa. Once you have it and enter, you don't need any student visa.
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Online I-130 Photo requirements
pushbrk replied to 1234567899's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
For the petitioner only, unless the beneficiary is currently in the USA, but no harm in submitting for beneficiary. You "upload" as per instructions.