Jump to content

pushbrk

Members
  • Posts

    38,696
  • Joined

  • Last visited

  • Days Won

    41

Reputation Activity

  1. Like
    pushbrk got a reaction from OldUser in Does the NVC accept PayPal?   
    You've made two contradictory statements above.  Never heard of NVC accepting anything but direct from a US checking account.
  2. Like
    pushbrk got a reaction from Dashinka in i-864 Capital Gains Income Question   
    You already have your answer.  That's why others aren't answering.  If you study the I-864 instructions, you'll see that my answer is consistent with those instructions.
  3. Like
    pushbrk got a reaction from R&OC in Divorce from non-immigrant (out of status) and financial responbsibility   
    Of course he did.  He had to.  Whether she kept a copy, we don't know.  Assertion quoted refers vaguely to it, but does not actually mention it by name.  That's why I think the court does NOT have a copy.
     
    I say often "Words mean things."  It's also true that words not used, mean things too.
     
     
  4. Like
    pushbrk got a reaction from R&OC in Divorce from non-immigrant (out of status) and financial responbsibility   
    Referring to the I-134, the wording of the earlier statement from the court refers to papers filed to get her here.  THAT would be the I-134.  The I-864 was filed to keep her here.  She may not even know about that one.  Any good immigration attorney would pick up an that verbiage, and any good divorce attorney would advise against volunteering information.  Like many decisions by judges, it could come down to which lawyer has (really "presents") the most persuasive argument.
  5. Like
    pushbrk got a reaction from R&OC in Divorce from non-immigrant (out of status) and financial responbsibility   
    Yes.  Both the divorce and Immigration Lawyers can collaborate to fight this but it's still the judge's decision.
     
    I'm not either of those things but my first question would be to see her copy of the I-864.  I doubt she has it, but it could be demanded in discovery motions.
  6. Like
    pushbrk got a reaction from R&OC in Divorce from non-immigrant (out of status) and financial responbsibility   
    You say the I-485 was denied.  A properly filed adjustment package would have included the I-864, but it would not be enforceable by immigration related means, if the I-485 was denied.  Why was it denied?
     
    There ARE cases where the I-864 was used as grounds for spousal support in divorce cases though.  You signed a contract I-864 with the government though, not with your wife.
  7. Like
    pushbrk got a reaction from Dashinka in i-864 Capital Gains Income Question   
    None of the above matters in the context of the affidavit of support.  This sponsor is a self employed investor.  His current income will be the "Total Income" figure from his latest (should be 2023) US Federal tax return.  AGI (might be the same number) is irrelevant to a self employed person.  Self employed never file a 1040 EZ.
     
    Two sections of the affidavit to enter income.  The past tax returns section, and the current income section.  Unique to the self employed is that the most recent income reported in the tax section is the same as the "current income" as it is not "income" (again, in this context) until it appears on the tax return.  In this situation the total income will be the capital gains minus applicable losses.  It doesn't matter whether the gains were long term or short term.  If they are included in the plus side, then the plus minus the minus, is the "total income".

    A "Self Employed Investor" with ample capital gains income, would also declare and document the underlying investment capital in the asset section of the affidavit, further supporting their qualification to sponsor the immigrant.
  8. Like
    pushbrk got a reaction from Boiler in Foreign Partner Coming to U.S. on Tourist Visa B2, Marriage, Returning to Home Country for CR1 Process - IS THIS OKAY?   
    Critical question as from many Asian countries she may not be able to GET a tourist visa.  Does she have the visa already, and if not, what country is it?
  9. Like
    pushbrk got a reaction from OldUser in Expired J1 visa and and AOS/CR1   
    This time, "I was told", a notoriously unreliable source, was correct.
  10. Like
    pushbrk reacted to guyintex in Interview instructions asking for petitioner prior marriage divorce AND marriage certificates   
    I was the referenced person the OP  noted in this thread. I just got my CR-1 approved in Feb. (Bangkok). I got the same email as the OP and it was the first time anything was mentioned about the petitioner having to submit original or court certified copies of marriage certificates. I never saw this requirement in any of the instructions anywhere. I did not have the time (I was in Thailand at the time) to try to locate my old marriage docs so I pretty much ignored this one-off request. I did of course supply original or certified copies of my divorce. It did not become an issue and was never requested again. I think that it is a poorly crafted email and is not an official requirement per se.
  11. Like
    pushbrk got a reaction from Crazy Cat in How to cancel i130 petition online?   
    You write a letter to USCIS to "withdraw" the petition.  Use the case number and both full names and dates of birth.  No reason is needed.  Sign the letter.  No need to notarize.  Mail to service center address indicated on your receipt notice.
  12. Like
    pushbrk got a reaction from SalishSea in Spousal visa - DNA testing?   
    When you have the exact wording and status of any petition filed, please post that, with enough context for us to understand.  Do you mean she previously sponsored HER ex husband?  What's the timing associated with the two filings?
     
    If she is truly suspected of misstating who the father of her children is, that's a major issue.  One I've never seen here in 19 years.
  13. Like
    pushbrk got a reaction from OldUser in IR1/IR2 visa process - started in beneficiary country of residence, can we finish it in the states?   
    No.  Visas are issued outside the USA, not inside.  You can leave Israel and go anywhere.  You only need to return for the medical and interview.
  14. Like
    pushbrk got a reaction from mr-t-bone in IR1/IR2 visa process - started in beneficiary country of residence, can we finish it in the states?   
    No.  Visas are issued outside the USA, not inside.  You can leave Israel and go anywhere.  You only need to return for the medical and interview.
  15. Like
    pushbrk got a reaction from milimelo in Spousal visa - DNA testing?   
    When you have the exact wording and status of any petition filed, please post that, with enough context for us to understand.  Do you mean she previously sponsored HER ex husband?  What's the timing associated with the two filings?
     
    If she is truly suspected of misstating who the father of her children is, that's a major issue.  One I've never seen here in 19 years.
  16. Like
    pushbrk got a reaction from RICARDO4EVA2 in Expired J1 visa and and AOS/CR1   
    This time, "I was told", a notoriously unreliable source, was correct.
  17. Like
    pushbrk got a reaction from TBoneTX in NVC affidavit of support and financial docs   
    Just deal with it in person by using the new passport at medical and interview.  However, the beneficiary will need to ALSO carry id in the previous name used, so they know XYZ is now ABC.
  18. Like
    pushbrk got a reaction from R&OC in 2 K1 denials to IR1 interview soon, questions   
    If you include a letter, make it something positive about your relationship, including what she has done to contribute to your mutual happiness.
     
  19. Like
    pushbrk got a reaction from R&OC in 2 K1 denials to IR1 interview soon, questions   
    Your time together will probably carry the day, but I was asking about things she's done that would be clear evidence to a Consular Officer, not just to you.  I'm optimistic.
  20. Like
    pushbrk got a reaction from R&OC in Foreign Partner Coming to U.S. on Tourist Visa B2, Marriage, Returning to Home Country for CR1 Process - IS THIS OKAY?   
    I hope you'll note that it is wiser to make your decision based on something other that "majority rules".  Just because opinions vary, does not make your decision "democratic".  The guide doesn't mention what you're doing because it presumes the visitor visa has been obtained for "visiting".  Your partner will use it to "visit".  That you will marry during a visit, is not relevant.  Once married, you follow the applicable immigration process.  The visit and visit visa are not part of any immigration process.
  21. Haha
    pushbrk got a reaction from Jasmine John in Beneficiary changing jobs after submitting ds 260   
    Do nothing unless asked.  If asked, verbally respond with accuracy.  Beneficiary will soon quite the job and immigrate to the USA anyway.  It's not really relevant, unless they went to work building bombs.
  22. Like
    pushbrk got a reaction from TBoneTX in Foreign Partner Coming to U.S. on Tourist Visa B2, Marriage, Returning to Home Country for CR1 Process - IS THIS OKAY?   
    I hope you'll note that it is wiser to make your decision based on something other that "majority rules".  Just because opinions vary, does not make your decision "democratic".  The guide doesn't mention what you're doing because it presumes the visitor visa has been obtained for "visiting".  Your partner will use it to "visit".  That you will marry during a visit, is not relevant.  Once married, you follow the applicable immigration process.  The visit and visit visa are not part of any immigration process.
  23. Like
    pushbrk reacted to TBoneTX in Foreign Partner Coming to U.S. on Tourist Visa B2, Marriage, Returning to Home Country for CR1 Process - IS THIS OKAY?   
    (1.) and (2.) are correct -- but if the CBP agent checking her upon entry doesn't ask, avoid volunteering information.  Answer only what is asked.
     
    (3.) is inaccurate.  The K-1 and CR-1 visas now take approximately the same time, and CR-1 is far superior.
     
    Regarding (4.), there are countless threads in which the illegality of "entry with use of Tourist Visa, not leaving, and staying to adjust status" is discussed.  Conversely, your plan -- she visits, you marry, she returns before her tourist visa expires, and you file the I-130 toward the CR-1 visa -- is completely fine.
     
    Depending on where she's from, multiple visits (she to you, you to her, meet in third country, or all) will help to build evidence for the eventual consular interview for the visa.
     
    The above answers are all consequent to years of posts containing the accumulated wisdom and experiences of hundreds of members here.
  24. Like
    pushbrk got a reaction from JKLSemicolon in Denied at interview   
    Six months is a proper expectation, for receipt and then some months for the Notice of intent to Revoke NOIR to arrive.  You will then have the opportunity to respond.  
     
    In these situations, the actual reasons for denial you already know about, should be used to determine whether to wait and respond, or to withdraw and file again now.  Without knowing those facts, no further meaningful advice can be provided, except to have the applicant write a detailed report (verbatim) of everything that happened or was said (both ways) by anybody, while at the Consulate.
     
  25. Like
    pushbrk reacted to Dan and Akari in Interview instructions asking for petitioner prior marriage divorce AND marriage certificates   
    I know. Consequently I rearranged my travel plans so I am not leaving today for Thailand. I will stay in the states until I have the necessary documents. We’ve done this throughout the process and it has paid dividends. I’d rather have it and not need it then need it and not have it. 
     
    Thanks again for your insight. 
×
×
  • Create New...