pushbrk

The instructions you need to become an A-Student of will tell you two things. One, it's the Total Income number that you enter, unless you filed a 1040EZ. Two, you enter that number in EVERY situation, including the one you describe. In a separate area, you will indicate your "current income". Unless you are self employed, that does NOT come from a tax return. What is your "current income" as THAT will determine whether you qualify or not, unless you are using liquid assets to qualify. Current income is MOST important, but I already answered the ACTUAL question asked....plus.

The question was whether she spent a year in China after she turned 16. You seemed unsure of her age "when she moved there".

You need to ask specifically if she lived in China for a year after her 16th birthday. If she didn't, then no Chinese police report is needed. Details matter in this situation.

Upload the 2023 tax return complete copy or Tax Return Transcript and a recent pay stub once you are near the interview date.

Did she live in China more than a year after her 16th birthday? Does she have a Czech birth certificate?

You "look up" the information mentioned by studying the I-864 instructions. Your liquid assets will carry the day, but your wife will probably need to re-establish domicile in the USA. That's a separate issue, you can work out later, but no reason not to get started by her filing the petition. Financial forms and documents will come about a year later.

No. It's not a problem. Answer the questions that are asked. For current employment enter Unemployed and the date you became unemployed.

Safe bet is to arrange a joint sponsor. You might not be asked if he is currently employed or something to that effect. Worst case would be to lie. If you're not asked, usually no problem.

That much visiting does tend to take away relationship validity concerns. But they will still ask your current wife questions about your previous case.

Yes, it will. They will be asking the kind of questions you say you don't remember the answer to. Expect them to ask these questions not to YOU, but to your wife. My advise is to get your memory back and inform her fully about the previous case.

How many visits have you made for how long, to your current spouse?

To be clear, if your mutual cousin was a first cousin to each of you, then yes, you are cousins, but maybe not first cousins. Whether that would be an issue or not depends on what, if anything, it has to do with you meeting each other.

Updated information is fine. Boarding passes can be printed several to a page. Emails from airlines are useless. That should cut down size considerably.

If status says returned to NVC, then NVC returned it to USCIS, and you got a NOIR (Notice of Intent to Revoke) giving a reason or reasons for denial and an opportunity to tell your side before USCIS made any ultimate decision to revoke their approval of the I-130. She had a regular interview followed by what we call a Stokes interview for both of you. They do this when they do not believe the marriage is bona fide. Surely, you know why they thought that. Maybe you have a copy of the NOIR somewhere. Did you respond to it? Note that visa interviews are not tests, you pass by "answering correctly". Sometimes the truth (Correct answers) are the reason for the denial.

The USA does not require women to change their name when they marry. However, if she wants to do that, you should file in the married name even if she hasn't done the change yet. She would then complete the change, ID, and passport, before the visa interview. Plenty of time for that. If she's in Pakistan and Pakistan requires it, then she does in anyway, so no brainer.

For others reading and commenting, here's the situation as I see it and also a couple things I do NOT see, as they have not been mentioned. The foreign spouse Ukrainian, which is pretty much irrelevant. The father of her children is Namibian. Why they are not also Ukrainian is irrelevant, as they are in Africa, and the petitioner indicated all would apply for visas in S.A. where they live. The children do not have approved I-130s yet, so aren't part of the current issue except being counted in the household size. To really understand more, we would need to know answers to questions I've asked that have not been answered yet. The OP may not wish to answer those questions in this forum, but it limits our ability to assist and advise. We need to know exact wording in the denial letter. All that has been quoted are from form instruction. We need verbatim reasons given and exactly what the officer indicated was needed. Since there is no such thing as a co-sponsor, clearly that is not what was asked for. Perhaps they gave the option of a "joint sponsor". That would be a positive, and indicate it's less likely there are other issues besides the financial.

I drew NO conclusions. I'm describing things the Consular Officer would have considered. I don't have an opinion about the relationship.

You're going to need to enhance your evidence. Are their bank records showing these deposits? What kind of business is this? How will her absence impact future profits (from which her income will continue)?

OK. @Boiler asked about the 75k, and whether that's the amount she paid income tax on ie Profits. I mentioned other potential problems for you to consider. I still don't think the I-864a is the real problem. It's something else. Probably something Boiler or I mentioned. Given the children haven't reached NVC, they are definitely NOT considered to be "accompanying" her.

I asked if you filed three I-864 packages, one for each immigrant. I presume you did or you wouldn't have cleared NVC.

Right. Sorry. I neglected to consider the children. I'm not certain here children are CONSIDERED accompanying children, as they have their own petitions. Did you submit three sets of financial forms? I do NOT think the 864a is the actual problem though.

Another consideration in this kind of case is that the Consular Officer may not have said, but may have believed that BECAUSE the immigrant is the breadwinner, they entered into the relationship primarily for the immigration benefit, instead of a bona fide relationship. This also is part of the "totality of circumstances".

If you do that, submit a new properly completed I-864 with the wife's business income included. Don't use an I-864a. That was a mistake you made. Then, provide plenty of enhanced evidence that income will continue with her in the USA. An immigrant absolutely CAN effectively "self sponsor". It happens frequently, when the breadwinner is the immigrant, and their income will continue, or when the immigrant's liquid assets are used to qualify. Understand also, you are reading USCIS instructions. Consular Officers have similar guidelines but it is always a judgment call. In the situation you describe, an officer is going to consider the impact of your wife's absence on the continuing profitability of the business. Remember also, it is not the business revenue that counts. It's the profit. Officers are trained and required to consider the totality of circumstances in all cases, not just what you want them to consider.

First, you might be right about April, but any prediction of when in April is useless. Second, I advise filing the tax return as soon as possible, and take either a complete copy of the Return or Tax Return Transcript to the interview along with a more current pay stub.

I concur with the consolidated description of the relevant issues above. Do note though, there's no guarantee on the DCF part. I suspect your ultimate course, will simply be to wait to file anything until the child is adopted, and you have had legal custody for two years. Note also that the child becomes a citizen upon arrival as an immigrant, but husband gets a green card. (Lawful Permanent Resident Status).