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Everything posted by pushbrk
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Sorry, I meant I-864a for his wife. It is not technically required, but it is always a best practice in a visa case. It will not solve your problem. You can respond by explaining that the joint sponsor (name) is self employed, and receives no W2 or 1099 forms. This is a common mistake from NVC when using self employed joint sponsors. His 2023 profit and loss, is ok to submit but his current income is the number called "total income" on the first page of his 1040. Is it clearly high enough?
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Information CR1 + children (merged)
pushbrk replied to Tomyy's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Recipe for heartache and despair. If you/she insists, then start by becoming an A-Student of the I-130 instructions and the form itself. Rely on us for the things you don't understand after doing the homework. Relying on questions is not a good idea. Without the study, you don't know what you don't know, so don't know what questions to ask. -
Spouse visa interview question
pushbrk replied to Bobtaylor19931's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Then I don't understand your question. If there was a proposal, and one said yes, then that's when you (both) decided to get married. Presumably a somewhat short time before that is when the one who proposed, DECIDED to propose. -
Spouse visa interview question
pushbrk replied to Bobtaylor19931's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
You must tell the truth, not manufacture an answer. Surely, you can go back to some reference point in time and remember what was going on, even if there was no formal proposal. -
You use assets exactly as described in the I-864 instructions. However, if your income was from summer work, it is not currently flowing to you NOW. That means your current income is ZERO, and you would need something like 75k in liquid savings. You're going to need a joint sponsor. Family can't just put money in your name. You'll need to show it's been "yours" for at least a few months. A fact of adult life and marriage, is that there will always be the practical aspects of life to deal with. What is your plan to actually support yourself and your wife?
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Information CR1 + children (merged)
pushbrk replied to Tomyy's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
You don't have those. She can just enter zeros. She would need her own petition regardless of her age. Why isn't the petitioner asking these questions. She'll be the one filing both these petitions. -
RFE is a USCIS thing. Affidavit of support will be dealt with by Dept. of State. If ultimately you are determined not to qualify, you'll have the opportunity to redo adding liquid assets, or by providing a joint sponsor. Rather than worrying about ghost issues, why not just present the best possible totality of circumstances up front, with the full form and added assets?
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You do not need qualifying income for all three years. It's always safe to use the I-864. You also only need one recent pay stub. It's going to show your year to date income anyway. Your "current income" is the gross for one pay period, time the number of pay periods in a full year. If you make 1k a week, your income is 50k.
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helping my brother petition his wife
pushbrk replied to minions2's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
See bold above. That's what they are looking for when a couple hasn't yet lived in the same country. The passport stamps and boarding passes if he has them are the primary evidence. A couple photos from each visit are all the secondary evidence they'll need. (Yes, really! Yes, I'm sure!) It's the Philippines, not Nigeria. Do NOT send evidence HE is sending HER money. That is not comingling of assets. -
I-864 with foreign income (split)
pushbrk replied to Cleetus Parkway's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
In the tax section, enter the numbers from the total income line of the last three tax returns. For current income, enter last year's investment income. -
Medical after Interview Date
pushbrk replied to Adrian2D's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Discuss these concerns with the Consular Officer during the interview. -
Evidence of Bona fide marriage
pushbrk replied to Skyyy's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Sounds like you have plenty of evidence already. Concentrate on evidence of time spent together. Receipts and passport stamps are "primary evidence" while photos are great "secondary evidence". A few pages of evidence should be plenty. Skip the affidavits. Note you are referencing a list that follows the words, "In addition to the required......" and "one or more", so not required and not All. -
There's no way to really know for certain, why your case is taking longer, but it does make sense that they are looking into your previous case. It's possible that once they got the files together, it was kicked into another queue for a more senior officer to evaluate. The decision will be made based on all the facts they have. We don't have those facts. We don't know what other red flags there may be. Red flags are things like marrying on the first visit, and in that region, the woman being significantly older than the man is a red flag. The bigger the age difference, the bigger the flag.
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They do accept assets. If you are self employed, your "current income" is the same amount as the total income on your personal federal tax return for 2022. Pay stubs mean nothing to the self employed person. It is "revenue" now and will only be considered income when it is on a tax return. You will need a minimum of 3X the income shortfall in liquid assets to qualify. They evidently see that you have the assets. That's why you are DQ. If you feel you are well qualified based on the combination of income and liquid assets, ignore the message.