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pushbrk

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  1. Like
    pushbrk got a reaction from Cndn in Extra job to qualify for income requirements?   
    You can't do anything about the fact he hasn't filed a tax return lately.  He can file at least the last three returns, or you can just forget about that as an option.
     
    All you can do is the best you can do.  Get a better job or a second job.  You're family is not coming to the USA until a few months after you get this sorted out.  I expect you knew this when you started the process.  There are always practical/financial concerns when deciding to marry and move a family to the USA.
  2. Like
    pushbrk got a reaction from NikLR in Extra job to qualify for income requirements?   
    You seem to be grasping at straws here.  You must qualify as sponsor or have a qualified joint sponsor, in order to get past NVC to an interview appointment.  If your relative has plenty of cash in the bank, as you suspect, give that a try.  The worst that can happen is the relative will decline or you find out their "assets" are mostly real estate, making it a lot of work and perhaps a lot of expense to document them sufficiently.
  3. Like
    pushbrk got a reaction from Mollie09 in Extra job to qualify for income requirements?   
    You seem to be grasping at straws here.  You must qualify as sponsor or have a qualified joint sponsor, in order to get past NVC to an interview appointment.  If your relative has plenty of cash in the bank, as you suspect, give that a try.  The worst that can happen is the relative will decline or you find out their "assets" are mostly real estate, making it a lot of work and perhaps a lot of expense to document them sufficiently.
  4. Like
    pushbrk got a reaction from geowrian in Extra job to qualify for income requirements?   
    You seem to be grasping at straws here.  You must qualify as sponsor or have a qualified joint sponsor, in order to get past NVC to an interview appointment.  If your relative has plenty of cash in the bank, as you suspect, give that a try.  The worst that can happen is the relative will decline or you find out their "assets" are mostly real estate, making it a lot of work and perhaps a lot of expense to document them sufficiently.
  5. Like
    pushbrk got a reaction from Lucky Cat in Affidavit of Support Income Sufficiency for Sponsor with New Job and Salary   
    The above is correct, except that, you can only reflect changes in future pay, if they can be documented.  For example, a person might have scheduled raises as a part of their employment agreement.  If they do, they would document current income, not just with a pay stub.  They would add the employment agreement, highlighted with a note where to look.  Even then, if employment income is sufficient anyway, I would avoid the confusion and extra documentation and just annualize the current income shown on the pay stub.
     
    Not sure where the OP gets their "general interpretation given consistently in the immigration law blogosphere" but in the 15 years I've been around the process, annualizing current gross income has worked every time it has been used.
  6. Like
    pushbrk reacted to Paul & Mary in Is There A Flowchart For the I-130/I-485 Process   
    Other than the guide: 
    There isn't a flow chart per se.   You can use the K1 for the AOS guide.   The I-130 gets processed when it gets processed.  The path you have chosen can take between one and two years.  However getting the EAD usually takes less than 6 months (precpvid).  The green card can not be issued until the I-130 is adjudicated.
     
     
  7. Like
    pushbrk reacted to geowrian in Extra job to qualify for income requirements?   
    What happened to the wealthy joint sponsor last week?
     
    If your current income is below the minimum requirement for consideration, and you don't have suitable assets to make up that gap, then - unless NVC makes a mistake - they would have to reject it and send a checklist.
    If your current income/assets are above the minimum, they would probably proceed through NVC and let the CO make a decision.
    You could present a new I-864 at the time of an interview, or add a joint sponsor.
     
  8. Like
    pushbrk reacted to geowrian in Extra job to qualify for income requirements?   
    Strictly speaking, you only need to be working there long enough to provide evidence of current income. So one paycheck would be long enough to be able to count the annual income from it with your current income on the I-864.
     
    Practically, the CO will look at the totality of the circumstances to determine the likelihood of becoming public charge. A brand new part time job may or may not sway them. If they believe the job is not stable yet or you intend to stop it once the visa is obtained, they will make a decision on the public charge side of things with that in mind (and likely not favorably IMHO).
     
    Some factors considered, for reference: https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2
  9. Like
    pushbrk got a reaction from beloved_dingo in When to disclose Lien(s)   
    IRS tax liens will be known of by the Consular Officer.  The impact is that current income is reduced by the amount of the lien.  Justification is that the IRS can enforce the lien against the current income and against liquid assets.
     
    This can be overcome by having a tax remediation agent negotiate a settlement and payment plan with IRS, then show that the person is actually keeping the payment arrangement.
     
    My statements apply only to IRS tax liens.  No other liens are relevant unless using lienable assets to qualify.
  10. Like
    pushbrk got a reaction from beloved_dingo in When to disclose Lien(s)   
    Missed this error.  You guess incorrectly.  One does not deduct child support or alimony from their current income, but the children for whom the child support is paid, are counted in the household size.  All unmarried children under 21 no matter where they live.
     
    This is where your lack of understanding the big picture and how things fit together, causes errors in your interpretation and subsequent advice.
  11. Like
    pushbrk got a reaction from Mezyan in When to disclose Lien(s)   
    Missed this error.  You guess incorrectly.  One does not deduct child support or alimony from their current income, but the children for whom the child support is paid, are counted in the household size.  All unmarried children under 21 no matter where they live.
     
    This is where your lack of understanding the big picture and how things fit together, causes errors in your interpretation and subsequent advice.
  12. Like
    pushbrk got a reaction from Jorgedig in When to disclose Lien(s)   
    IRS tax liens will be known of by the Consular Officer.  The impact is that current income is reduced by the amount of the lien.  Justification is that the IRS can enforce the lien against the current income and against liquid assets.
     
    This can be overcome by having a tax remediation agent negotiate a settlement and payment plan with IRS, then show that the person is actually keeping the payment arrangement.
     
    My statements apply only to IRS tax liens.  No other liens are relevant unless using lienable assets to qualify.
  13. Like
    pushbrk got a reaction from laylalex in When to disclose Lien(s)   
    IRS tax liens will be known of by the Consular Officer.  The impact is that current income is reduced by the amount of the lien.  Justification is that the IRS can enforce the lien against the current income and against liquid assets.
     
    This can be overcome by having a tax remediation agent negotiate a settlement and payment plan with IRS, then show that the person is actually keeping the payment arrangement.
     
    My statements apply only to IRS tax liens.  No other liens are relevant unless using lienable assets to qualify.
  14. Like
    pushbrk got a reaction from NikLR in When to disclose Lien(s)   
    An employee's SS contributions definitely ARE deducted from gross income.  You'll see that on an employee pay stub and on W2 forms.
  15. Like
    pushbrk got a reaction from NikLR in When to disclose Lien(s)   
    IRS tax liens will be known of by the Consular Officer.  The impact is that current income is reduced by the amount of the lien.  Justification is that the IRS can enforce the lien against the current income and against liquid assets.
     
    This can be overcome by having a tax remediation agent negotiate a settlement and payment plan with IRS, then show that the person is actually keeping the payment arrangement.
     
    My statements apply only to IRS tax liens.  No other liens are relevant unless using lienable assets to qualify.
  16. Like
    pushbrk got a reaction from geowrian in When to disclose Lien(s)   
    IRS tax liens will be known of by the Consular Officer.  The impact is that current income is reduced by the amount of the lien.  Justification is that the IRS can enforce the lien against the current income and against liquid assets.
     
    This can be overcome by having a tax remediation agent negotiate a settlement and payment plan with IRS, then show that the person is actually keeping the payment arrangement.
     
    My statements apply only to IRS tax liens.  No other liens are relevant unless using lienable assets to qualify.
  17. Thanks
    pushbrk got a reaction from Lemonslice in When to disclose Lien(s)   
    An employee's SS contributions definitely ARE deducted from gross income.  You'll see that on an employee pay stub and on W2 forms.
  18. Thanks
    pushbrk got a reaction from Lemonslice in When to disclose Lien(s)   
    IRS tax liens will be known of by the Consular Officer.  The impact is that current income is reduced by the amount of the lien.  Justification is that the IRS can enforce the lien against the current income and against liquid assets.
     
    This can be overcome by having a tax remediation agent negotiate a settlement and payment plan with IRS, then show that the person is actually keeping the payment arrangement.
     
    My statements apply only to IRS tax liens.  No other liens are relevant unless using lienable assets to qualify.
  19. Thanks
    pushbrk got a reaction from Mintosman in When to disclose Lien(s)   
    IRS tax liens will be known of by the Consular Officer.  The impact is that current income is reduced by the amount of the lien.  Justification is that the IRS can enforce the lien against the current income and against liquid assets.
     
    This can be overcome by having a tax remediation agent negotiate a settlement and payment plan with IRS, then show that the person is actually keeping the payment arrangement.
     
    My statements apply only to IRS tax liens.  No other liens are relevant unless using lienable assets to qualify.
  20. Like
    pushbrk reacted to payxibka in Passport and NBI clearance   
    Your fine.  Visa and green card are issued in the passport name used for the ds260.  If you want the green card in certain name, then that's the passport to use at the time of the interview 
  21. Like
    pushbrk got a reaction from NikLR in NEW INCOME REQUIREMENTS FOR K1 VISA 2020   
    I have no anecdotal data on Nigeria and K1 cosponsors, but Manila and Bangkok have long had issues with joint sponsors if K visa cases.  
     
    Unless the petitioner's income from a new job is going to qualify them as sponsor, just "having a job" is not an issue.  It's better, but not required.
     
    That said, what "she wants" is not a criteria in the financial judgment call a consular officer will make, and it isn't a factor in whether the visa will be granted.  Have you both carefully looked into the specific issues that make fiance OR spouse visas problematic for Nigerians?  If not, get over to the applicable regional forum and get educated.  It's quite possible you have other more important issues that you are late addressing.
  22. Like
    pushbrk got a reaction from Troy B in I-864/I-864a Important Questions (merged threads)   
    Exactly.  However, for many fields, checking a box a certain way prevents any entry in following related fields so leaving blank is OK.  Also, once you've indicated one "NONE" for former spouse, names of children, or other immigrants, the rest of the related fields can be left blank with no issue.  Common sense and clarity will win the day.
  23. Like
    pushbrk got a reaction from Lucky Cat in I864   
    The form asks specific question that determine household size.  Your children that are not immigrating are not technically part of your spouse's household unless already counted as dependents on a previous tax return.
  24. Like
    pushbrk got a reaction from nanaaalex in A Warning To Green Card Holders About Voting   
    (From my blog)
    A Warning To Green Card Holders About Voting
    Do not register to vote in any election until you have officially been granted US Citizenship.
    Going into this election season, it is very important to understand that for a Green Card holder, (Lawful Permanent Resident) to register to vote is not only improper, but can have severe consequences in the future.
    Even though there are States that have instituted policies that do not require evidence of US Citizenship when registering to vote, the voter registration documents do ask whether the person registering is a US Citizen. Many have simply checked the box and gone ahead and registered, knowing that even if the State Law requires showing government issued identification, their driver license will suffice.
    While this is not legal advice, the publicly searchable “9 FAM” (Foreign Affairs Manual) is quite clear regarding the potential consequences of falsely claiming US Citizenship. There is no more serious a misrepresentation, based on the consequences, dealt with in 9 FAM. The potential consequence of registering to vote or for any other federal or state benefit afforded only to US Citizens includes Deportation and a LIFETIME BAN from entering the USA.
    If any reader who is not a US Citizen, has registered to vote in any official State of Federal election, I advise them to seek competent legal advice as soon as possible, to discuss minimizing or eliminating the risk of any future deportation and ban.
    The law is, what the law is. Regardless of whether this particular or any other immigrant related law is being consistently enforced today, that can change at any time.
    False claims to US Citizenship are taken very seriously by Customs and Border Patrol Officers. Some years ago, I was traveling with my step daughter, when we encountered a border check station on Interstate 10 in West Texas. My step daughter was quite proud of passing her citizenship test just the day before, and proudly answered yes, when a CBP Officer asked if she was a US Citizen. I quickly corrected her, so the officer would hear me, saying, “You WILL BE a US Citizen after your swearing in ceremony, but you’re aren’t a citizen yet.” Fortunately, the officer was understanding and we were soon on our way without incident.
    Many have registered to vote, somewhat “innocently” because of the misrepresentations or ignorance of well meaning officers at the DMV (Driver License Offices) or even a campaign worker.
    * * DO NOT REGISTER TO VOTE IN ANY ELECTION UNTIL YOU HAVE BEEN OFFICIALLY GRANTED US CITIZENSHIP * *
  25. Like
    pushbrk got a reaction from Lucky Cat in Forma I -864 Affidavit of support (merged threads)   
    Shopping for different answers will not help you.  Your current income is zero.  You can delay until you go back to work, or you can find a joint sponsor.  If you have enough liquid assets to equal more than 3 times the income requirement, that's an option too.
     
    Are you petitioner or acting as joint sponsor?  You mentioned spouse not working.  Unless the foreign spouse's income will continue from the same source, their income is meaningless.
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