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Everything posted by pushbrk
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Current/Future income question.
pushbrk replied to Macguffins's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
The interview is for the visa applicant only. In most cases, you are not allowed in the room. In some cases, not allowed in the building. You can always go back sooner and start working, but you will need to be working long enough to get a paycheck for a full pay period, before filing the affidavit of support. The case will not make progress through NVC without it. -
Desperately seeking hope
pushbrk replied to null0's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Your hope for a future with your intended husband is totally in your own control. If the financial sponsorship seems like an issue now, then you have plenty of time to take care of the major issues at hand at the moment. When you are finally able to meet, and still both want to marry and have him immigrate to the USA, you'll have plenty of time to CHANGE your financial situation with a new job. USCIS and Dept. of State are only allowed to act with sympathy under certain circumstances. Unless those circumstances exist, their feelings are irrelevant. There are always practical (including financial) consideration and sometimes hurdles involved in starting a life together. Consider them together and find solutions together. As you consider and find, you are likely to find hope as you progress. -
You are interpreting that one line as a firm request, but you do not quote enough of the instructions before that to determine proper context. There ARE situations where a female petitioner would provide a prior marriage certificate, as evidence of a name change due to marriage. On the other hand, is getting the marriage certificate a big problem?
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Proof of income requirements (Merged)
pushbrk replied to may1330's topic in Bringing Family Members of US Citizens to America
If you are self employed, your current income is stated based on the "total income" line of your latest filed US Federal Tax Return. There is no way around that. You now know that the year you sponsor an immigrant is not a year to show too little income on your tax return, but too late now. If you have to wait until July, so be it. It's that or get a joint sponsor. AGI and Total Income numbers are sometimes the same, but thinking you use the AGI line means you didn't read carefully enough. You missed everything that told you the one and only circumstance where AGI is applicable. -
A link to the guide has been provided. Start there. 18 to 24 months is the proper expectation for when you will have an immigrant visa and can move to the USA.
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Current/Future income question.
pushbrk replied to Macguffins's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
That would be the solution. It is NOT correct that a job offer will carry the day on this. File the petition. You will state your employment status, but it is not a criteria for petition approval. In about a year, but before the petition is approved, would be the best time to return to the USA and go to work. Returning after the petition is approved is also OK, but that will delay the process, as you will not be able to get into the interview queue until your affidavit of support is submitted and accepted. You need at least one pay stub for a full pay period to document your new current income at that time. -
USCIS is not involved at this stage of the OP's process. An interview is scheduled already. USCIS does not issue visas. That is the Dept. of State's job. That said, a photocopy of a Certified Copy of the divorce decree mentioned should already have been included in the I-130 filing. Taking a copy to the interview is a good idea, as is taking a copy of everything submitted. The OP's question is about whether they need an Apostille in addition to the Certified Copy. The answer is no. Nothing submitted as part of the US visa process, needs an Apostille.
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So YOU are the US Citizen. Your male fiance was married to a Filipina before, and divorced in the USA? For the USA, there is no Federal or National registration of marriage. Your marriage certificate from the State of Utah/Utah County is all you will need as evidence you are legally and lawfully married. The Filipino or Filipina to which you are married, will not be able to get a CEMAR from the PSA showing you are the only registered spouse. The Certified Copy of Divorce Decree obtained in the USA, will be satisfy USCIS and later the Consular Officer.
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If he is self employed, he does not have a "salary" AND he has no "income" that he can count as "income" until it appears on a US Federal Tax return as "Total Income". You "might" get by with this and you might be required to obtain a joint sponsor. His contract would state his payments, which are "business revenue". Income is revenue minus expenses. The self employed have no income until it shows on a tax return. They only have "revenue". Another way of saying it is that his employment ended or will end when he leaves the UK. He will then be "self employed" or "in business".
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I would not do that. It might work, but it might get it sent back. I said it the way I meant it, the first time, but I guess it wasn't clear. Return the first money order and buy one for the right price. You will only pay the cashier's check issuer the difference. The priority is not your convenience. The priority is to make it difficult for them to cause you a problem.
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Mark the first question, then very carefully review every little bit of the form, before resubmitting. That they mentioned you not answering the first critical question, does not mean they even looked further at your submission. Review the whole package. Check the instructions for the I-130 to be certain you submitted all the "required" supporting documentation. Since you are the purchaser of the financial instrument you used for your first payment, the issuer should only charge you the difference for a new one for the increased fee.
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I-130A Document is missing
pushbrk replied to Edwardsori's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Earlier you said I-130a. Please clarify.