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Everything posted by pushbrk
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People do get "approved" and the interview, but not all interviews result in an immediate decision. Nobody walks out of the interview with a visa in their passport. Many, but not all Consular Officers have the authority to actually approve immigrant visas, but if some flag comes up before the visa is printed and sent out, that decision can be overturned. In some cases, the Officer is too junior, and needs their decisions reviewed and confirmed by senior staff.
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You will provide information from 3 tax returns but just the latest, 2022 tax return transcript or complete copy with W2s etc. You then provide evidence of current income. 2023 is not current. Use a current pay stub. If you want to also include your year end pay stub, that's fine. Current income is gross for current full pay period times the number of pay periods in a full year. If you lost your job last week, it doesn't matter what you made in 2023. You have zero "current income".
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Can you get a family member to take the family book to the Gong Zheng Chu to get you a current Notarial Birth Certificate? Typically, the document they are looking for will be more than two pages. It's in booklet form, with a cover page. Continuing to submit the same, already rejected document, is futile.
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Unless USCIS will agree to expedite the child's I-130 process, you can expect it to take as long as your wife's did. Sometimes they will expedite in cases where the child was born AFTER the mother's I-130 was filed, but it's worth a try. This situation was under your control, so be prepared for them to not give consideration for you not doing your homework. As an aside for any reader, it is situations like this that come to MY mind with other members blindly tell people they don't know anything about, that they should do it themselves. It takes the right aptitude, attitude, and skill set to do this yourself. It's not for everybody.
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She can interview in her country of citizenship or where she resides, not where she's "visiting". She is not applying for a green card. YOU are filing a petition in her behalf. When YOUR petition is approved, she will be invited to "apply for"....a spouse immigrant visa. When she USES the visa and the final fee is paid, she will receive a green card. No matter which country or Consulate you put on the I-130, NVC is going to initially assign the case to the country shown as her current physical address when you file the petition. If she has residence elsewhere by the time the case gets to NVC, she can request the case be transferred. Whether Frankfort will accept it or not, depends on her status in Germany at the time.
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Filling in the I130 form
pushbrk replied to vogueverve's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
I recommend typing "No Middle Name". Note, that some questions are applicable, even if the answer is none. They don't mean the same thing. Never type NA. You cannot type N/A, so type Not Applicable instead. -
Second child born after I-130 filed
pushbrk replied to cinn-sugar's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Just update that information by including it during the NVC process. No worries. -
For the visa and green card to be issued in the married name, the passport must be in that name...AND.....use it on all the forms going forward. Aside, not sure why people are saying fire the lawyer. He gave the same advice I and others are giving here. Sure, it would have been better if he gave the advice to get a new passport sooner, but it is not too late. It is only needed in time for the interview. It's ok if the current passport is scanned and uploaded to NVC.
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If she intends to use a married name, then she should do what is necessary in the Philippines with PSA and Foreign Affairs to get a new passport in the married name. That way, the visa and green card are issued in the married name. Doing it LATER after she's in the USA is far more complicated and costly. Do it now. She must have the new passport before the visa interview, not necessarily before NVC. Still, the sooner the better.
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Which I-864? [split topic]
pushbrk replied to ChelseaW's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
3 does not mean what you describe. You do not need to be over the income requirement for all three years. What it is saying is that if the qualifying income is as an employee, rather than any other source, you would meet condition 3. Essentially, if your sponsor is employed and has employee income, ok. If self employed or retired, not ok. -
Should have told your accountant that the year you sponsor an immigrant is not the year to file taxes late. Seems he STILL has not filed 2022 taxes yet. You might get by with a most recent pay stub, and the end of year pay stub, and skip the joint sponsor. File that 2022 tax return NOW. Remind the accountant you can amend that tax return later. He's just being prudent, but not knowing or thinking of how that impacted your immigration.
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Not sure what you mean by "net profit". I told you the only number they look at. In some cases, I suppose that may be the same number as what you hare calling "net profit". It typically matches the income you pay taxes on. Don't confuse revenue and income. In this context no revenue numbers are considered until they appear on the total income line of a US federal tax return. As you work on your 2023 tax return, watch that number. Sometimes the self employed will forget about some deductions in a year they need to sponsor an immigrant. They can always remember those deductions later and file amended returns.