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pushbrk

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  1. Like
    pushbrk got a reaction from geowrian in Am I still responsible I-864 - ex getting married   
    Not an expert on that.  If both work for 5 years, that's 40.   The other combinations are not in my knowledge set.  I'm just saying that satisfying 40 quarters does not keep them from entering the previously sponsored person as part of the household count, because one must interpret the question literally and answer accurately.
     
  2. Like
    pushbrk got a reaction from NikLR in When should we apply for my new husbands Green Card/ Visa?   
    A year and a half before your retirement date is the time to start the process.  Since you, the US Citizen's income will stop, unless one or both of you will have ongoing income from some non-employment source, you would either need to qualify as sponsor based on assets or have a joint sponsor.  You're adults, so you know the practical aspects of living after retiring.  People have mentioned "healthcare".  You are not required to show evidence you have that in hand, as part of the immigration process.  
     
     
  3. Thanks
    pushbrk got a reaction from Karim2018 in questions about I-864 (merged topics)   
    Note also that the self employed cannot use the I-864EZ form.  You are no longer self employed, so no problem, unless your last tax return includes self employment income.  If it does, I would advise you to use the I-864 instead of the EZ.
  4. Like
    pushbrk got a reaction from cbro in I-130 filed 9-10-2018 told process will be 11-2019!   
    "Processing time" is usually less than an hour per case.  The rest of the time is just waiting for your turn to be "processed".  (Adjudicated)
  5. Thanks
    pushbrk got a reaction from Karim2018 in questions about I-864 (merged topics)   
    Bad equation writing on my part.  Your calculation is correct.
  6. Like
    pushbrk got a reaction from Eugenia2017 in I130 from Florida   
    Really bad advice.  K3 is dead, and they've been joining the two petitions and dealing with them the same day for the last 13 years anyway.
  7. Like
    pushbrk got a reaction from lady3jane in I-864 - just how necessary are the last THREE tax returns?   
    Since you don't qualify, one tax return will be fine. Note on the form where it says three would be optional. You do, need to enter the information from those other two returns, just the same.
  8. Like
    pushbrk got a reaction from lady3jane in USCIS letter says petitioner doesn't meet poverty guideline?   
    The Consular officer will look for the line titled "total income" on your transcript. What you're failing to do is look for that line and see that it matches line 22.
    Tax transcripts don't "use" anything. They simply show all the relevant line items. The line item that matches line 22 on the 1040 form says "Total Income". Find it, look at it and compare it to line 22. Yes, AGI will match line 37 but that's not the line the Consular officer is looking for.
  9. Like
    pushbrk got a reaction from lady3jane in USCIS letter says petitioner doesn't meet poverty guideline?   
    The number they look at on the Federal income tax return is line 22 of the 1040. His "current" income may be more or less than that but they are speaking only of line 22 on the most current return.
  10. Like
    pushbrk got a reaction from Diane and Chris in Here We Go Again   
    It matters that you tell the truth.  It matters that any and all prior marriages were terminated, and that you provide the appropriate documentation that they were.
  11. Like
    pushbrk got a reaction from Diane and Chris in Here We Go Again   
    This is incorrect.  Evidence of income is at or above 125% OF the poverty line.  For example if the poverty line is 20, you need 25, not 45.  125% above 20 is 45.  125 OF 20 is 25.  Using correct terminology and language is critical here.
  12. Like
    pushbrk got a reaction from Halo Bule in Here We Go Again   
    You will file your petition by mail or courier to an address in the US.  SHE, will apply for a visa AFTER your petition is approved.  YOU will "apply for" nothing at all.  There is one route available to you to be together in the USA.  One and only one.
  13. Like
    pushbrk reacted to LilyJ in Here We Go Again   
    It always has been, and always will be, that you have to prove you have enough current income and/or assets to show your spouse will not become a public charge. You will have to prove your income is 125% above the poverty guideline, or find a qualifying joint sponsor. If you use assets, the assets must be 5x the 125% guideline. They will not consider your wife's income at all unless it will be continuing once she moves to the US (and should she receive a green card, the US will HAVE to stay as her main residence, or else she will lose the green card. She can travel. But the US must be her main residence). Whether you file before October or not makes no difference. You will always have to prove that you have enough income to prove to the consular officer that she won't become a public charge, as others have already said this is nothing new. Even IF it was how it worked, it will be way past October before you reach the NVC stage where you will submit your income information.
  14. Like
    pushbrk got a reaction from Halo Bule in Here We Go Again   
    This is incorrect.  Evidence of income is at or above 125% OF the poverty line.  For example if the poverty line is 20, you need 25, not 45.  125% above 20 is 45.  125 OF 20 is 25.  Using correct terminology and language is critical here.
  15. Like
    pushbrk got a reaction from SusieQQQ in Complete I-130 while in the USA?   
    It's always helpful to use the correct terminology, and I often see people confused when we don't.  When we say "Embassy" people who know Embassies are only in Capital cities, will be thinking they will have their interview in the Capital City, but for China, India, Canada and others, that misleads them.  So, my point is that to avoid confusing people, we should say Consulate, OR even Consular Immigrant Visa Unit instead of Embassy.  We're here to help people, not confuse them.  Correct terminology is critical to that end, IMO.
  16. Like
    pushbrk got a reaction from Eugenia2017 in I130 from Florida   
    Yes, but you have no control over this.  File and find out where it goes.  That's the process.
  17. Like
    pushbrk reacted to Nitas_man in Relocating for Job Offer   
    There is a possibility that this will look like you used your wife for a green card, then used the green card to go on with your life, move away, and work.
     
    Which is what ROC is specifically designed to look for.
  18. Like
    pushbrk got a reaction from geowrian in Complete I-130 while in the USA?   
    Correct.  To be succinct, Completing the process and the US Embassy (Actually the Consulate Immigrant Visa Unit) in Bogota is the ONLY possible way for him to have EITHER resident status upon entry OR Citizenship upon entry.  If he enters before his 18th birthday, he becomes a Citizen.  If he enters AFTER 18, he gets a green card and would be eligible for US Citizenship in five years.
     
    No way to complete the process from within the USA.  He should depart when he needs to, not when he is scheduled to.
  19. Like
    pushbrk reacted to saladboye in I-130 A Form Guidance   
    Yes do that. I provided a chronological order of history in a tabular format. I also mentioned the date format used (MM/DD/YYYY).
     
    Yes this too. Just follow the instructions.
  20. Thanks
    pushbrk got a reaction from pinano in I-184 Affidavit of Support: yearly income or expected income this year?   
    Current income does not track with any calendar or tax year.  It's the income you will make in the next 12 months, at your current pay rate.  The I-864 requires "information" from three tax returns, but that has nothing to do with "current income".  It's current, not "current year".  Because the public charge concern decision is ultimately a judgment call based on guidelines and the totality of circumstances, even though you DO qualify based on current income, it would be wise to have an affidavit of support package from a qualified joint sponsor, ready to submit at interview, should it be required.
    There are no questions about current year income on the I-864.
  21. Like
    pushbrk got a reaction from msantanna in I-184 Affidavit of Support: yearly income or expected income this year?   
    I can see how it might seem to mean that, but current income is not current year income.  If you lose your job today, it doesn't matter what you made already this year.  Your current income is zero.  If you got your first job today at salary X, salary X is your "current income".  Based on your described circumstances, you don't qualify to use the I-864EZ anyway.  Become an A-Student of the I-864 instructions.  Interpret the questions and instructions literally.
  22. Like
    pushbrk got a reaction from Rosemichelle in Name change   
    Correct, but use the married name going forward, such as on your affidavit of support, etc.  Your marriage certificate is all you need.  No need to submit documentation to USCIS or NVC about your married name.  However, having your husband carry a copy of any new ID you have in the married name can be good relationship evidence.
  23. Like
    pushbrk got a reaction from ES0603 in New salary job and financial requirements to be a sponsor   
    Not much immigration fraud coming from Japan.  Just study the process and follow it.  No need to worry about a denial for another second.
  24. Like
    pushbrk got a reaction from EllyLilia in divorce decree/divorce certificate difference?   
    Correct, except what's contained in a certified copy of divorce decree ordered after the fact can vary widely by State. Mine only contains the vital statistics, and nothing about settlement or child support. It's one page, certifying a divorce decree was issued to whom, when and by whom and contains the signature block.
    Regardless, the OP is asking a question about the foreigner's divorce certificate or decree, so a Canada specific answer is in order.
  25. Like
    pushbrk got a reaction from EllyLilia in IMBRA   
    I've never seen any reports of it making any difference at all how you answer the IMB question. The enforcement is related to assuring that if there ARE applicable criminal records, they are submitted and the beneficiary is aware of them. This is at most. Making sure needed records are submitted before petition approval is pretty consistent. Asking the beneficiary if they are aware of the criminal record is more spotty.
    In light of this, I doubt your poll question will make any sense to many.
    Make sure you read the exceptions before you conclude you used an IMB. Dating websites are NOT IMB's.
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