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Everything posted by pushbrk
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Self-employed income on I-864
pushbrk replied to Deang6's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Kind of, but specifically, it is a "Tax Return Transcript". (there are at least two other "tax transcripts", and a Complete copy of the federal tax return with 1099/W2. For many, and for all the self employed, a complete copy of a federal tax return is more than a 1040. There could be several other "schedules" included. -
Self-employed income on I-864
pushbrk replied to Deang6's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
A complete copy of your latest federal tax return...or....a Tax Return Transcript. Your current income AND the number you will enter in the tax section, is the same for the self employed. See the lined named "Total Income". This is clearly explained in the I-864 instructions. It's critical you become an A-Student of that document AND the form itself. -
I-130/Proof Of Marriage (Merged)
pushbrk replied to mopekmez's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
The issue will be that she must interview in her country of citizenship. -
And if you documented that with a pay stub or employer letter, then simply ignore the notice and carry on.
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Correct. It is the 18k number from the "total income" line of your 1040 that triggered the notice. Your W2 is totally irrelevant to how you complete the I-864 properly. If your income is TODAY 5,000 every two weeks, your "current income" should have shown 130k. THAT is how you calculate "current household income" in the complete other section. Perhaps you are also interpreting "current income" to mean 2023 income. For self employed, that's correct, but not for the employed. It's also not what you are going to make in 2024. It's what you will make at your current pay rate during the NEXT 12 months.
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I-130/Proof Of Marriage (Merged)
pushbrk replied to mopekmez's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Correct. Regarding your wife's UK visa though. The 20 months could be an issue, if the interview does not happen while she is legal to reside there. When you say the visa expires, do you mean she has to leave at that time? Lots of confusion on this kind of thing. Sometimes the visa expiration, just means you cannot use it to enter after the expiration date. For example in for a US visitor visa, you could enter the day before the visa expires and stay six months. It's not that WE need to know the details, but the two of you DEFINITELY need to know. -
There is no "adding" involved. The number from your tax return they looked at was not AGI. There is a line on the return titled "Total Income". That's what they used. Anytime that number is under the requirement, you will get that message. But, your "current income" (as an employed person) does not come from a tax return and is not stated in the same section as the info from past tax returns. It comes from taking your gross income, from a recent pay stub, and multiplying by the number of pay periods in a full year. Example: Every two weeks is times 26. How did YOU calculate YOUR "current income"?
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Form I-130 questions for IR1 Spouse Visa
pushbrk replied to Deang6's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
1. Yes 2. Keep it simple. Employer is the name of the store and her occupation is "store clerk" or something to that effect. If the start date is more than five years ago, you're done with that section. As you move forward, just tell the truth in the simplest way possible. -
Yes, the pay stubs should work fine, but your pay stub should also have been used to calculate your "current income". Current income, from the employed does NOT come from any tax return. Further AGI is not the number you use. While it is often the same number as Total Income, it is not always. AGI is the number used when you file a 1040 EZ, which you certainly did not, if you used the foreign income exclusion.
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While the submitted form remains valid, certain changes can disqualify the sponsor. Consular Officers very commonly ask for updated affidavits and supporting documentation. Not having already uploaded an updated affidavit, when there are significant changes, can cause delays of several weeks or months in visa issue. That's why I gave the advice I gave. It's based on current and past actual knowledge. OP is wise to follow the advice already given.
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You keep reading thing in that are not there. She should NOT stay gone a year. Each entry is a judgment call. If she came in for a few days and left for 364 days, then she never made the US her place of residence at all. It's a temporary green card until the real one comes. It's certainly allowed to use the visa before it expires, and then return to resolve remaining affairs before returning to establish the USA as her permanent residence. She's also free to come and go, but being IN the USA more than OUT is the primary concern.
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Certificate of citizenship number...a must?
pushbrk replied to Osee's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
I agree. The only situation I can think of where USCIS would be justified in asking for a Naturalization Certificate (when a US passport is in hand) is if they have actual reason to believe the passport is a forgery. -
Certificate of citizenship number...a must?
pushbrk replied to Osee's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Not sure why you would think that. I suppose anything is possible, but the US Citizenship is already established with a copy of the passport. USCIS knows they issued a Naturalization certificate to that passport holder, when, where, and the number. -
Form I-130 questions for IR1 Spouse Visa
pushbrk replied to Deang6's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
No you are not. You are filing a petition. When it is approved, your wife will be invited to apply for a visa. It will not go faster by filing online except for the days it takes for DHL etc. to deliver to the USA. Either is fine. Not needed for the initial filing. No. No such thing for the USA anyway. Evidence of time spent together, like passport stamps, boarding passes, and photos together over time. None of this is required. I wouldn't bother with any of it. The above and below are in a list of possible items that appear after the words, "In addition to the required....." meaning NOT REQUIRED. Leave those out. Weakest possible evidence. That's the golden ticket In your situation, I would leave those out. Not needed with 13 visits. Not helpful. Don't include. Not needed. Your marriage certificate is sufficient. Irrelevant. See other answers inserted above. -
Certificate of citizenship number...a must?
pushbrk replied to Osee's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Not a bad idea, but not a requirement for filing the I-130.