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Everything posted by pushbrk
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You don't need a letter from a lawyer to explain. You'll have a receipt notice. If she didn't have sufficient ties to Indonesia, she wouldn't have gotten the visa to begin with. A four month visit pretty much indicates she has no urgency to return to Indonesia. That she's in the process of immigrating to the USA, negates the assertion it is important for her to return to be with her family in Indonesia. I recommend a shorter planned visit with a return ticket date consistent with having a business to attend to. She'll bet a six month stamp anyway. If she decides to extend her stay, that's really no problem, as long as she doesn't try to come back too soon.
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- spouse visa
- b2 visa
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I864 Issue Regarding Income
pushbrk replied to HelloDKS's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Yes, the father CAN BE considered a household member, but since the petitioner has no income to combine with the father, it is more beneficial for the father to be the joint sponsor with a two person household instead of 3. I said there are two purposes. Combining income....OR....joint tax filing spouse. Fathers and daughters do not jointly file taxes, but it is possible Dad is claiming the petitioner as a dependent. I doubt it, since there probably are no taxes to reduce by doing so. -
I864 Issue Regarding Income
pushbrk replied to HelloDKS's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
You thought wrong, if father's income is clearly enough for two people. I already told you what to do. No I-864a. Two I-864 forms, each having only two people in the household. I-864a is for two purposes. 1. Combining income. 2. Joint tax filing spouse. Presumably, Dad's income alone is sufficient for the two person household. Your wife has no income to combine with her father. The way you did it produces a three person income requirement. You would be wise to follow my advice to the letter. -
AGI or Gross income for CR-1
pushbrk replied to james Black's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
You and I know that. Try convincing a skeptical potential joint sponsor of that, after they read the contract and understand it. I'm not a complete loner by any stretch, but before I even got serious with a potential foreign spouse, I checked out the financial requirements to make sure I qualified. If I hadn't, I would not have pursued the relationship. -
I864 Issue Regarding Income
pushbrk replied to HelloDKS's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
OK. That was the wrong way to do it anyway. Your wife should do an I-864 with only you and her as a two person household. Then, Dad provides his own I-864 with only you and him as a two person household. Will that put his income comfortably above the requirement for two people? -
Question on Form I-130 file online
pushbrk replied to tadisaus2's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
As you carefully read instructions, pay special attention to words like "if", "and", "or" etc. They are there for a reason. Interpret literally and answer accurately. You asked about things that do not apply, based on missing an "if". -
His attempts to get a student and visitor visa, will tend to counter your evidence of bona fide relationship. There is a very good chance that at least the fact he is seeking a fiancé visa, will become known by some of his associates, during the security check stage after the visa interview. Very possible YOUR name will be mentioned during the security check stage also.
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Not sure why you think they are at NVC stage. He asked about USCIS. Relationship evidence is definitely advised when filing the petition. It is mentioned in the instructions. "Meeting requirements" apply for proxy marriages and K1 visas only. If not a proxy marriage, the marriage certificate is all the evidence they need of legal and lawful marriage. The other evidence is about the relationship. Instructions list categories of evidence to add, and say the petitioner "should submit one or more....".
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USCIS will not accept anything in Spanish without a certified translation. Boarding passes will be in English. Just translate the rental agreement. The rest you mentioned is not "evidence" or "proof" of anything. With boarding passes, you do not need useless itineraries. Later, at NVC stage, documents in Spanish are accepted.
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I864 Issue Regarding Income
pushbrk replied to HelloDKS's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
This notice should usually be ignored. It's just saying the number from the latest tax return is insufficient. Sounds like the income is mostly or all NOT taxable, so is documented with award letters from retirement income sources. Your wrinkle is that the affidavit is no longer up to date. If the father is unclear about survivor benefits, perhaps that will become clear well before the interview. If so, upload an updated affidavit of support from Dad. You did provide TWO I-864 forms, one from the Petitioner and one from the joint sponsor, right? Start over with new forms and see how the actual income looks now. -
DHL, FedEx, or UPS for Documents to Philippines?
pushbrk replied to Hopeful76's topic in Philippines
I recommend carrying original I-134 to the interview, and for the beneficiary to have a hard copy of everything with them for the interview.- 10 replies
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- philippines
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DHL, FedEx, or UPS for Documents to Philippines?
pushbrk replied to Hopeful76's topic in Philippines
Yes, LBC for Philippines if available. Otherwise DHL is fully reliable and less expensive than FedEx- 10 replies
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I agree their time together in person is critical, but your assertion of a "within two years" requirement to file an I-130 still needed to be corrected.
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I864 Issue Regarding Income
pushbrk replied to HelloDKS's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
The petitioner is the primary sponsor, but does not count in her father's household, even if she lives there. (Unless he's claiming her as a dependent on his tax return). What exactly did you read that lead you to think you were informed your joint sponsor does not meet the sponsorship income requirements? Did your wife complete an I-864 with her parent or parents as HER household members? -
AGI or Gross income for CR-1
pushbrk replied to james Black's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
I get your point. I'm also self employed. However, typing the words "joint sponsor" is "easy". Finding one you are willing to ask to obligate themselves to what seems a pretty daunting contract, is not so easy, particularly for we independent and proud types. -
Good chance you can't add a non-resident, and in most cases, that would be very expensive. Each plan has its own rules and policies. I was able to add my spouse to a corporate plan based on her arrival using a K3 visa in combination with a marriage certificate. Some plans won't add without a SS number. It's not that they "can't". It's just their policy.
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I-130 Grounds to expedite
pushbrk replied to Reynal2m's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Yes, and opens the same can of worms, with little chance of success. -
There is no requirement to have been together in person in the last two years, for a spouse case. That's for a fiancée case. Time together in person is important to show a bona fide relationship, surely, but no two year requirement in this context.
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I-130 Grounds to expedite
pushbrk replied to Reynal2m's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
"A B" ?? -
You seem to be asking if filing the I-130 will impact your UK citizenship process. This forum is not full of experts on that subject. Your UK citizenship process will not impact the US immigration process though. From the US side, I know lots of people seek US Citizenship for their foreign spouse, precisely so that they can become expats elsewhere without worries of losing a green card and the ability to visit or return to the USA. Don't know why the UK would care about your future intentions, if you qualify for citizenship now.
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I-130 Grounds to expedite
pushbrk replied to Reynal2m's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
It's not a matter of "desperate". Most expedite requests are. The issue is that the beneficiary has entered into the marriage for an immigration benefit related to their mother, instead of a bona fide relationship with the petitioner.