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pushbrk

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Everything posted by pushbrk

  1. pushbrk
    The petitioner is the one who is stating how many others are immigrating with each Beneficiary. The petitioner is well advised to become an A-Student of the I-864 instructions. If they are a US Citizen, then the answer will be zero. The children will simply be listed as dependent children so the household size properly populates. You say your children range from age 23 to 16. Is the petitioner a US Citizen. If so, were five petitions filed? Were all children under 18 at the time of the marriage. You are posting in a forum for spouse of US Citizen. If the spouse or petitioner is NOT a US Citizen, the answers will be different.
  2. pushbrk
    The above is correct, but let me clarify. Each immigrant needs their own petition. Any child already over 18 when the marriage occurs, has no path to immigrate to the USA based on the marriage, so needs no petition. They would not be coming.
  3. pushbrk
    Yes, your approach of referring to the last page is fine. Carry on.
  4. pushbrk
    Ok for you to go there, but it would be against policy to accept Consular Processing in a country where the applicant is only a visitor, not a resident.
  5. pushbrk
    I don't see a problem. His status is pending and he has evidence of that. Presumably, while his status/application is pending he would not be deported. He can only interview in Malaysia if he is still living there legally.
  6. pushbrk
    Correct. No agency is named US Immigration. The closes is USCIS, which has nothing to do with your case at this stage. No legitimate reason to call you before you have an interview date, and extremely rare for the Immigrant Visa Unit to call ever, for any reason. Assuming this call was to your mobile phone. If it's urgent, they'll call back. I expect it was a scam or you simply misunderstood.
  7. pushbrk
    He's wrong. Your wife can interview only in her country of citizenship or her country of residence. She would need to live in Oman have any such request honored. They don't transfer consulates because you are becoming impatient.
  8. pushbrk
    Please clarify. This is a spouse visa specific forum. In the context of filing for a spouse and step child, the marriage must have occurred before the step child's 18th birthday. Are you the US Citizen? If so, what is YOUR relationship to the person you are wanting to bring to the USA?
  9. pushbrk
    "Active Review" does not mean what it sounds like. It means you are in the queue for a human to spend about 20 to 30 minutes with your case, when it gets to the front of that queue.
  10. pushbrk
    But K1 is, and so is THIS case. In this context, AOS stands for Affidavit of Support. The dual meaning of AOS requires one pay attention to the context. 😉
  11. pushbrk
    That would be the wrong forum, but still a visa forum. USCIS still doesn't ever see affidavits of support in any visa case, because they don't issue visas.
  12. pushbrk
    Carry the letter to the interview. As for the family size, the "income requirement" in your case is five times the petitioner's income shortfall. To know the shortfall, you would count the four of you plus the petitioner's household size. That will give you the total income requirement. Then subtract the petitioner's current income, to find the shortfall. Shortfall times five would be the minimum. It's best to be well over that. The immigrants' assets are used to supplement the petitioner's affidavit of support. The do not stand alone. Study the I-864 instructions on how to use the intending immigrants' assets to supplement.
  13. pushbrk
    No need to notify NVC. If that was needed, I would have said so. Best if you have a letter from the joint sponsor, but no, not mandatory. Yes half a million is well over 5 times the income requirement for a family of four. If the family, is petitioner, spouse, and the two immigrants, great. Otherwise the actual income requirement includes all immigrants plus everybody in the petitioner's household count.
  14. pushbrk
    Nobody has promised anything. It's too late for DCF. You could try an expedite request through USCIS, but even if that works, "expedited" doesn't mean what you would naturally think it means. At this stage, it's unlikely to save time. You do not have any special circumstance to justify an expedite, (to jump ahead of others in line ahead of you). It's free to try, but I expect it will be a waste of your time.
  15. pushbrk
    Submit updated petitioner and applicant related financial forms and supporting documentation. Ask that the Joint Sponsor be withdrawn, or even take a letter from the joint sponsor asking that their I-864 be withdrawn. If you have well over the 5 times the income requirement in liquid assets, you should be fine.
  16. pushbrk
    You are the one confused. This is a visa case, so in this context AOS means "Affidavit of Support". USCIS never sees the affidavit of support in a visa case. It's NVC that let the case proceed to an interview.
  17. pushbrk
    See bold above. You have that backwards. He cannot use the I-864EZ because he can't answer all three questions yes. Further, anybody CAN use the I-864. Nobody "has to" use the EZ version, ever.
  18. pushbrk
    Use total income, unless you filed the 1040EZ form.
  19. pushbrk
    That would be a proper expectation, but for some countries there is a long wait for the interview due to backlogs. Check your backlog for more information.
  20. pushbrk
    There are regional differences to what is considered an issue with age differences. A man marrying a woman thirty years his junior in the Philippines is culturally acceptable in the woman's culture. A man from Morocco, who has never been married before, and in his twenties, marrying a divorced woman with children who is too old to HAVE children is extremely unusual. So no, age differences are not "looked at the same". In the context of US Immigration matters, very consideration takes totality of circumstances including local customs and accepted behavior into account. This discussion and my assertions are all in that specific context. All that said, in this case, the age difference is probably not an issue.
  21. pushbrk
    You point out a valid issue but it's pretty rare that USCIS challenges the validity of relationships, when reasonable evidence of relationship is presented. The issue you speak of is far more common with Consular Officers at the interview stage. USCIS doesn't issue visas. That's Dept. of State's responsibility.
  22. pushbrk
    Correct decision. You could also carry a letter from the joint sponsor withdrawing their affidavit of support. It can't hurt, as they no longer qualify anyway.
  23. pushbrk
    Yes, that is a required supporting document in this situation, as clearly stated in the I-485 instructions.
  24. pushbrk
    It's definitely possible to upload your updated affidavit of support though.
  25. pushbrk
    Yes, just file the I-485. USCIS will retrieve the approved I-130 from NVC.
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