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pushbrk

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Everything posted by pushbrk

  1. Correct, and the 5 year bar still stands. He's at least 3 years from a visa.
  2. Not actually false. Your statement above IS false. Truth is that neither the petitioner or joint sponsor need to "submit" three years of tax returns. They both need to provide INFORMATION FROM three tax returns and submit only the latest. Further, the joint sponsor has MORE required supporting documentation than the petitioner, in that they must document their status in the USA and that they currently reside in the USA.
  3. 1 Yes 2 Tell them the truth about the business trip. That is your primary purpose. You are no more obligated to mention a wedding (even yours) will be one item on your agenda, any more than you are required to mention you will visit a public library. There's nothing wrong with marrying and leaving, but it is not necessary to mention either.
  4. Yes, 300k USD in cash will do nicely for your wife and even three or four children. State your income in the tax section by entering the number on the "Total Income" line of your past three tax returns. You will get a notice "suggesting" that you "MAY" want to use a joint sponsor. Just ignore that message. You are a self employed investor, in the present tense, so your job offer is meaningless. If you want to use the income from a future job, go start working now, so you can state the full 70k as your current income. You do not "estimate" but if your salary is 70k that's your current income. (again, only if you are actually working at that job presently) Presumably you have other assets producing investment income. State and document those assets too. It's time to become an A-Student of the I-864 and it's separate instructions. You are at NVC. Your wife is still a few months away from a visa.
  5. No negative repercussions for leaving it off the affidavit of support.
  6. Yes, in which case they use their pension award letters as evidence of current income. They count all the income sources, even if some are not taxable.
  7. Agree that is the problem. However, this is just a note. If you cannot correct the DS 260, simply ignore the note. The children need their US passports only.
  8. Scan and email the documents to her. Marriage certificate is what is needed. Sometimes a marriage license and certificate are on the same page, but they are not the same thing. Marriage license is before marriage. Marriage certificate is after.
  9. I-864a is not needed from the foreign spouse, under any circumstances. Become an A-Student of the I-864 instructions before completing the form.
  10. Yes, 40k USD would probably carry the day. I would provide five statements. One from a year before, 9 months, 6 months, 3 months and one current.
  11. After that, you wait for a response. Google the email address.
  12. Your liquid assets can be used. Since this would no longer be your primary residence, once you're in the USA, then yes it "could be" considered liquid. Liquid assets like savings are treated much better. The savings would need to be 3 times the income shortfall, technically, but they will consider the thousands you'll spend relocating will NOT be available to support you, so much more is better. Best scenario, is sell the house in the next year BEFORE submitting the I-864.
  13. These notices are often misinterpreted. You clearly qualify. Please quote the entire notice, in context without name.
  14. First, US Citizens never apply for visas. You are filing a petition. When your petition is approved sometime next year, your spouse will be invited to apply for a visa. Where either of you are at any time in the process is just fine. So NO, you do not need to be in the USA when filing the petition. You do have to be in the USA before or at the same time, your spouse eventually enters.
  15. Is this an actual request for something? If it is, it will say so at the top of the notice and spell out exactly what they want you to send them and how. Please provide full context of the text minus any names.
  16. You do not have to qualify based on last year's income. If you are making more now, state your current income and document it with a pay stub. Calculate your current income by multiplying y our gross pay for one pay period times the number of pay periods in a full year. You can submit a whole new package. What exactly does your RFE say about the affidavit of support? When did you submit the package?
  17. Your case will be actively reviewed by a human for less than 30 minutes. Expect that to happen 10 to 13 months after filing. Anything on the website in the meantime is meaningless.
  18. Correct, and that IS the way to do it if the initial entry was legal and only an overstay. The foreign spouse would adjust status, not seek a visa.
  19. Are you seeking a spouse visa, or to adjust your spouse's status from within the USA? In a visa case, USCIS does not make the decision about the I-864. That's submitted a year or so later. If it is your plan to sell and move, then you have plenty of time to do it. You also have plenty of time to increase your income.
  20. You can probably do an even shorter explanation. I don't see a problem.
  21. The I-130 is the initial petition filed with USCIS. Interviews come much later and are conducted by Dept. of State/Consular Officers at Embassies or Consulates. I presume this is for a CR1 or IR1 spouse visa. Answer, is that interviews can only be held in the country of citizenship, or legal residence. If your spouse actually legally resides in another country, then you can transfer the interview there. Otherwise, no Consulate Shopping.
  22. Whether sufficient or not, you enter the total income number for all three years, in the tax section. Yes, same even if filed with your ex. If the loss is an outlier, then your current income would be your gross salary for a pay period times the number of those pay periods in a full 12 month period. (bi-weekly times 26, for example). Tax section is about the past. Current income is not about the past. Current income is documented with your pay stub, not your tax return, unless you are self employed. Looks like you are both employed and self employed, but you qualify anyway.
  23. We all understand the frustration, but if your situation qualified for an expedite, everybody would qualify, so no. For now, you wait, like the others. Note that you have filed a petition. When it is approved, your wife will apply for a visa. You have not applied for anything.
  24. You can always solve the domicile issue by searching for jobs, finding an apartment etc. Your tax returns are all you need to show you've been filing your taxes. You need to show the "total income" from the past three years when the time comes. That's going to be zero, for all three years. If you are still working abroad, then zero will also be your current income, so you'll need a qualified joint sponsor, unless you come back and go to work in the USA, or have significant liquid assets. (minimum of 3 times the income shortfall, which in your case is the full income requirement times 3).
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