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pushbrk

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Everything posted by pushbrk

  1. pushbrk
    These notices are often misinterpreted. You clearly qualify. Please quote the entire notice, in context without name.
  2. pushbrk
    First, US Citizens never apply for visas. You are filing a petition. When your petition is approved sometime next year, your spouse will be invited to apply for a visa. Where either of you are at any time in the process is just fine. So NO, you do not need to be in the USA when filing the petition. You do have to be in the USA before or at the same time, your spouse eventually enters.
  3. pushbrk
    Is this an actual request for something? If it is, it will say so at the top of the notice and spell out exactly what they want you to send them and how. Please provide full context of the text minus any names.
  4. pushbrk
    You do not have to qualify based on last year's income. If you are making more now, state your current income and document it with a pay stub. Calculate your current income by multiplying y our gross pay for one pay period times the number of pay periods in a full year. You can submit a whole new package. What exactly does your RFE say about the affidavit of support? When did you submit the package?
  5. pushbrk
    Your case will be actively reviewed by a human for less than 30 minutes. Expect that to happen 10 to 13 months after filing. Anything on the website in the meantime is meaningless.
  6. pushbrk
    Correct, and that IS the way to do it if the initial entry was legal and only an overstay. The foreign spouse would adjust status, not seek a visa.
  7. pushbrk
    Are you seeking a spouse visa, or to adjust your spouse's status from within the USA? In a visa case, USCIS does not make the decision about the I-864. That's submitted a year or so later. If it is your plan to sell and move, then you have plenty of time to do it. You also have plenty of time to increase your income.
  8. pushbrk
    You can probably do an even shorter explanation. I don't see a problem.
  9. pushbrk
    The I-130 is the initial petition filed with USCIS. Interviews come much later and are conducted by Dept. of State/Consular Officers at Embassies or Consulates. I presume this is for a CR1 or IR1 spouse visa. Answer, is that interviews can only be held in the country of citizenship, or legal residence. If your spouse actually legally resides in another country, then you can transfer the interview there. Otherwise, no Consulate Shopping.
  10. pushbrk
    Whether sufficient or not, you enter the total income number for all three years, in the tax section. Yes, same even if filed with your ex. If the loss is an outlier, then your current income would be your gross salary for a pay period times the number of those pay periods in a full 12 month period. (bi-weekly times 26, for example). Tax section is about the past. Current income is not about the past. Current income is documented with your pay stub, not your tax return, unless you are self employed. Looks like you are both employed and self employed, but you qualify anyway.
  11. pushbrk
    We all understand the frustration, but if your situation qualified for an expedite, everybody would qualify, so no. For now, you wait, like the others. Note that you have filed a petition. When it is approved, your wife will apply for a visa. You have not applied for anything.
  12. pushbrk
    You can always solve the domicile issue by searching for jobs, finding an apartment etc. Your tax returns are all you need to show you've been filing your taxes. You need to show the "total income" from the past three years when the time comes. That's going to be zero, for all three years. If you are still working abroad, then zero will also be your current income, so you'll need a qualified joint sponsor, unless you come back and go to work in the USA, or have significant liquid assets. (minimum of 3 times the income shortfall, which in your case is the full income requirement times 3).
  13. pushbrk
    You already know she's allowed to stay for six months. You asked if she can leave and come back. Answer to that is yes. She can enter multiple times. There's no limit. However while she can stay six month on one visit, she cannot stay six months, leave for a day, week, or month and come back for another six months. She must be outside the USA more than in, even if only a day more. This is measured during any 12 month period. She has a visitor privilege. Many Canadian Snowbirds actually live in their own homes in the USA six months out of the year, but they go leave for the other six months.
  14. pushbrk
    Correct. In addition, if your spouse is overseas, and will apply for a visa, you never file the I-485.
  15. pushbrk
    The above is correct, but depending on location, there may be more pages. Some offices include and actual copy of the passport style book, and some don't.
  16. pushbrk
    Probably, but if neither are Chinese, they probably don't have one. The proper Police Report is obtained first, then taken to the Notarial Office (Gong Zheng Chu) for a Notarial Translation. It comes in a booklet form, but on A4 shiny white paper. In which country was the interview conducted?
  17. pushbrk
    NVC.....WILL assign it to Taiwan, no matter where you said you wanted it, but you can request that it be changed to HCMC.
  18. pushbrk
    And....Opinions vary. An outlier does not change mine.
  19. pushbrk
    N600 is not "Naturalization". N400 is. It's well established that when children born to US Citizens abroad who do not qualify for CRBA, they are immediately Citizens when they enter the USA into the custody of the USC parent, with IR2 visas.
  20. pushbrk
    They came with IR2 visas, meaning they became citizens upon entry. Apply for their passports. N600 for a certificate of citizenship is a useless piece of paper. They are already US Citizens.
  21. pushbrk
    N600 is superfluous if already a citizen. All they will ever need is US passports.
  22. pushbrk
    Does this lawyer understand that an immigrant visa to the USA for a Peruvian child, means it is not the other parent's choice whether the child ever leaves the USA. The other parent may never see this child again, once they are gone. You need to satisfy both US Immigration requirements, AND international child trafficking laws, with regard to "permission". If you're sure, your plan will do both, carry on.
  23. pushbrk
    Interpret the questions literally and answer accurately. A Physical address is where you live. A mailing address is where you receive mail. Often they are the same but not always. Clearly, he does not currently live in Vietnam.
  24. pushbrk
    From enough to pay incidental expenses between arrival and seeing you, up to whatever amount. Any amount over 10 thousand USD must be declared and explained.
  25. pushbrk
    Spell it correctly at the NVC stage. Not an issue now, but learn from the mistake.
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