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pushbrk

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Everything posted by pushbrk

  1. pushbrk
    Correct, but the Manila IV unit knows this and won't issue the visa without the ROM and PSA Certificate of Marriage. This is a recent change.
  2. pushbrk
    While that is correct, she needs clearance from the Philippines Commission on Filipinos Overseas to leave using a spouse visa. This is a fairly recent change, and the Immigrant Visa Unit won't issue the visa until the Report of Marriage and CFO clearance is complete.
  3. pushbrk
    Should work great. Report of Marriage would be done through the Philippines Consulate in San Francisco.
  4. pushbrk
    The OP in this thread is not the one who got a K1 after the online marriage. The case of the person who did is irrelevant to the OP, and they have not clarified whether USCIS and the Consulate was aware of THEIR online marriage. The case was of interest to me on that score but not related to this actual thread. Nobody is suggesting anybody is adjusting status based on an online marriage that took place before filing a fiancee petition.
  5. pushbrk
    The question is whether USCIS and the Consular Officer were aware of the Utah marriage taking place, when the petition and visa were approved?
  6. pushbrk
    If you are already living in the USA, that's sufficient. If you are not living in the USA, is where the domicile issue comes into play. Please clarify.
  7. pushbrk
    Best guess is the proxy marriage was not disclosed. OP, please clarify.
  8. pushbrk
    Agreed. Green card holders from any country are only denied entry for specific reasons. Usually, it's for failing to maintain their permanent resident status. See here for your homework. https://www.uscis.gov/green-card/after-we-grant-your-green-card/maintaining-permanent-residence
  9. pushbrk
    I would submit the I-864a for your spouse and a new one for you. Your current income is what transfers to the 1040 from the schedule C. Your spouse's current income is calculated using her gross pay for a full pay period times the number of pay periods in a year. Document it with a current pay stub. AGI does not apply to you. Total income is the number used in the tax section. That need not match anything stated in current income, except as I explained what to enter for your personal current income as a self employed person.
  10. pushbrk
    I went back and read your initial post again carefully and noticed only a one day difference between the two divorce dates. I think I would leave it alone. If asked at interview, she can explain.
  11. pushbrk
    NVC reviews documents within a few weeks of them being uploaded. You can delay sending things for up to a year, but documentation of prior marriages and divorce were required when you filed the petition.
  12. pushbrk
    Yes, and the location of the marriage will be the location indicated on the marriage Certificate. It's actually the location of the officiant, usually a judge. Although Utah County is the entity dealt with, sometimes the judge is in another county. To reiterate, the petition cannot be filed unless there is evidence of consummation included. Unless the couple is physically together during the ceremony, they must have evidence of being together in the same country between the marriage date and petition filing date.
  13. pushbrk
    Probably no need to address these typos at all except to not repeat them at NVC stage.
  14. pushbrk
    Yes, at least the same scrutiny you are seeing here, which is a few minutes to get the answer to the necessary questions, checking dates of previous marriage, immigration, and divorce in addition to the normal.
  15. pushbrk
    Correct that the case will get extra scrutiny. How much, or whether they would call the US Citizen for an interview at a local USCIS office is unpredictable. It could be an extra minute of the adjudicator's time or more. It would depend on the timing of all events. They will notice anything that causes them to suspect the first marriage was immigration fraud. (Entered into for the sole purpose of obtaining an immigration benefit for the foreigner, instead of a bona fide marrital relationship.
  16. pushbrk
    It's possible but usually not necessary. You say you provide divorce decree for that spouse. Did you provide for all previous marriage terminations.
  17. pushbrk
    Yes, but since the required documents are not available, you might end up being denied and have to file again. They will likely send an RFE. If they do, and you already have the required documents from the Gong Zheng Chu, they will proceed. Otherwise, your petition will be denied, and you'll need to start over.
  18. pushbrk
    Correction. Total income below the minimium on most recent tax return triggers this message.
  19. pushbrk
    This is a message anybody whose "total income" on their most recent tax return will get. However, if your income from your current "employment" is clearly sufficient, simply ignore this note. Keywords are "Consular Officer will decide..." Further advice depends on the details of your income, I mentioned but you did not provide.
  20. pushbrk
    Yes, your current income is 36k a year. It comes from the offer letter and pay stub, not a tax return. With clearly qualified current and past income, NVC should have no problem. I meant "in case" the Consular Officer requires it.
  21. pushbrk
    All previous marriages and divorces must be documented. "I didn't know" is the truth, but in reality, you didn't know because you weren't told. Maybe you didn't ask the right question. Maybe this information was concealed from you purposefully. WHY you didn't know needs to be part of your explanation, and certainly part of her explanation at interview.
  22. pushbrk
    Your income is marginal but above the minimum for a household of two unless you live in Hawaii or Alaska. Having a joint sponsor arranged and available, if necessary would be a good idea, just in case.
  23. pushbrk
    It's blurry but seems like a little different message than we most commonly see. Can't really provide advice without details of your income.
  24. pushbrk
    The "My progress" is not "random" but it IS "meaningless and unreliable".
  25. pushbrk
    Apply your own priorities in making this decision. My additional advice is for neither of you to rely on what you've heard. Get the facts. When it comes to what she has heard, make sure she has your opinion on the same matters, and do it in a way she trusts what you say more than some random things she heard from who knows whom.
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