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Everything posted by pushbrk
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I'm not clear on your income. If you are employed and your income will continue from the same source in Canada, then your current income comes from a pay stub. Formula is gross for a pay period times the number of pay periods in a full year, then convert to US dollars. US income sources are calculated the same way. Please clarify your income. The way I read it, you are making 110k USD. Or has the 80k stopped. You and your kids are not counted in your brother's household.
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You won't get a receipt notice unless they cashed your check. Check your online banking to confirm. At intake, your file gets a cursory look. If something is wrong, there will be no receipt notice. In a month or so, you get your whole package back telling you what was wrong. (Not necessarily a clear explanation, but something.)
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Prior Marriage Certificates
pushbrk replied to CVN Dallas's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Read more carefully. For petitioner, it's marriage termination documents only. For visa applicant (foreign spouse) it's marriage certificates and termination documentation. In practice though, the need for marriage certificates for prior marriages relates to tracking name changes, so it's best to provide them. If you submit a birth certificate for Mary Smith, who later became Mary Jones, but when she divorced Mr. Jones her maiden name is not mentioned in the divorce decree (sometimes yes and sometimes no) and Mary is now Mary Adams (wife of John Adams, petitioner) the marriage certificate is how the name change gets tracked. Petitioners don't have that problem at the NVC stage, but sometimes they do at the petition stage. It depends on the details in the Documents. -
When to file I 130? Best route?
pushbrk replied to BrokenWings's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Immigrant visas for immediate relatives of US Citizens usually takes about two years. Naturalization should be faster than you get your wife's I-130 approved. Being a citizen has no impact on the I-130 adjudication timeline. The impact is at NVC. You can file for your parents the same day you hold your Naturalization Certificate.- 9 replies
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- immediate relative
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Clarity about I-864
pushbrk replied to ajoman84's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
No, and I wanted to add, that "using" your husband's income is not a "thing" in this context. If your income was over the threshold, you would need to file because you are a US Citizen. Your husband is not a US Citizen, or Permanent Resident yet, so he is not required to file. Only foreign income that will continue from the same source is considered for the affidavit of support. You do what is correct and proper under the circumstances. There is no choice left to you to use or not use any income. Joint sponsor or not, your husband should be ready to explain how the two of you are going to support yourselves once in the USA. I'm sure you already have a plan, so be ready to articulate it. -
IR1/CR1 - Two year question.
pushbrk replied to CowokPintar's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
It is neither "theoretical" or "theatrical". IR1 and CR1 are both visa categories and resident status categories. You can be issued a CR1 visa after for example, after 23 months of marriage, and enter the USA after 24 months of marriage and receive IR1 resident status. Depending on the actual timing, the correct visa will be issued, and the correct status will be granted. Sometimes there are mistakes, but they can be corrected after the fact. -
IR1/CR1 - Two year question.
pushbrk replied to CowokPintar's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
The correct immigrant visa will be issued, based on how long you have been married on the date it's issued. Then, the correct green card will be issued based on how long you've been married when the immigrant enters the USA using the visa. CR1 and IR1, are both visa categories, and resident statuses. -
Is one time visit enough
pushbrk replied to Byndimge00's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
I'll just chime in and say there is no point in your wife even filing the petition until she can come spend some significant time with you there in Nigeria. It's useless to even count all the red flags. Nobody can see through them anyway. People do what is important to them. They find a way. That she hasn't even found a way to start the process in four years, is really all that matters. -
Affidavit of support
pushbrk replied to Ashley HR's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
In this context, your grandmother is irrelevant. No need to mention her in any way, assuming your pay from your job is how you are qualifying as sponsor. -
Montreal IR1 interview: Original I-864?
pushbrk replied to hayride0's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Wet signature is not required for I-864 at interview. -
I 864 tax returns
pushbrk replied to mawguzheng's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
US Citizens are required to file US Federal tax returns on their worldwide income. However, there is a filing threshold. If your income is below that threshold, you are not required to file. Determine whether you were required to file or not. If you were, file the back tax returns. You sponsor qualification WILL BE determined by your current income which is entered in a different section of the affidavit, but that is not a substitute for dealing with the tax section. Come back when you determine whether you were required to file or not. Even if you were, it's unlikely you will owe any back taxes. -
Moving to US with Partner (Split Topic)
pushbrk replied to Jasper69's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Start by clicking on the word Guides at the top of any page here, and start your homework. We are here to answer and help with remaining questions. This is a "do it yourself" with emphasis on "doing". There's a lot to learn, and a lot of it is already prepared for you to study. -
Malaysia CR1
pushbrk replied to peaceful techie's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
A person applying for a CR1 visa better not be single. Please clarify. -
I need clarification. Please help
pushbrk replied to Kabar's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Can't open the image. Please just past the wording into your post, but leave out the personal information. -
This is a visa case, (I presume since it's posted in a visa forum) so USCIS won't see or deal with the affidavit of support. You are correct as to recommending a tax return transcript but incorrect as to how to complete the affidavit. The total income from the three tax returns gets entered in the tax section, even if it's combined income. This is very straight forward. What you quoted above is about what to submit, not how to complete the form. If this person is self employed, it's a bit more complicated, but assuming they are employed, they will state only their own current income where they are asked what their own current income is "that they are using to qualify....". If the person is self employed, say so, and I'll provide the necessary information. NVC and Consular Officers deal with affidavits of support in visa cases, not USCIS. I just want to add, that "asking for a friend" noble as it is, is a bad idea overall. There is no "solution" to this situation. No timeline is given. If the "friend" hasn't filed the petition yet, then they'll file another tax return as married filing separately before the affidavit of support is even needed.
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Any "RFE" is "at this stage", meaning between filing and decision. It's for something they want that was not included in the package. Nobody here could accurately speculate on what it might be, without far more information about your case and what you DID include with your initial filing. You could entertain yourself reading "The stupid RFE" thread pinned at the top of this forum.
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When to file I 130? Best route?
pushbrk replied to BrokenWings's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
You notify USCIS that you've naturalized. When the petition for spouse gets to the National Visa Center, it will proceed right away. As a US Citizen, you'll file a separate petition/I-130 for each parent.- 9 replies
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Change of consulate
pushbrk replied to Sammy2026's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
No.