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Rc123rc

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Posts posted by Rc123rc

  1. 2 hours ago, samack said:

    I still don't even understand WHY it happened so late. Shouldn't an RFIE happen when they start working on your case? And wouldn't that mean that it had just been sitting around for almost three months before they even bothered to look at it? I'd really love to put an angry call in to someone but you can't reach a person who actually knows anything by phone (which, in this situation, is likely for the best, haha).

    I think they review the case in it's entirety first and send any RFE or RFIE at the end of the review. This is why most people get a quick approval after USCIS gets the response back and they have a chance to check it.

  2. You can try it but USCIS is probably going to take the position that it was your choice to move forward with a house purchase before you had an EAD in hand. They are not responsible for your risk taking. Financial loss is usually reserved for dire income issues and there is a job offer on the table. You don't have a SSN already? We applied for an SSN  day 2 of my fiance's arrival and she had it in hand within 3 weeks.

  3. Enter the US in April with the K-1. The K-1 expires immediately. You have 90 days from entry date to get married. I suggest a quick civil wedding and then you can have your planned July ceremony. Apply for AOS, EAD and AP as right after your civil marriage and get your marriage certificate. Once he receives the AP then he can travel outside the US and return. OK, so far? OK the bad news. You're going to have to rethink the whole live in Sweden thing for 2+ years. If you are serious about this then you might consider scrapping the K-1, get married overseas, live in Sweden to your hearts content. Forget about green card for the time being. 

  4. The guidelines for K-1 said you should apply for SSN shortly after entering country and then change name after marriage. I took my wife to the Social Security Office the day after she arrived. She then went back after we were married. It saved us a lot of problems. Regardless of whether you work or not, you should applied for a SSN. 

  5. 7 minutes ago, Chardon Ne' said:

    I honestly do not think they will even bother to do the math to make the calculation which may be what happened to OP. They just want to look verify and move on. The letter lets them see what u make annually and the paystubs show what it amounts to on a monthly basis without them having to think too much.

    I would tend to agree with you but I have seen stranger things. With such close scrutiny happening with immigration now anything is possible. Some overeager person at USCIS might decide that if you are too close to the poverty line then maybe you're not the right person for the United States and make you jump hoops to prove it. Or, like us, someone lost a couple of documents and decided to blame it on us and give us an RFE. I know they had the documents they wanted and the names on them were accurate because it was part of the package we sent. We had 4 exact sets of the same package and I took pictures of the actual documents sent for backup and proof. Like I said, I tend to agree with you but with USCIS, anything is possible. 

  6. The affidavit of support requirement and proof can be a little tricky. If you file an I-864 in the year of 2016 then the current tax year will be 2015 as the previous poster said. It has to be latest full tax year that you actually filed taxes and can get a transcript for is what I am thinking. That means, a potential failure for proving adequate support without additional assets to make up the difference. Consequently, for 2016, a complete history of pay stubs and an employment verification letter would have to be submitted. Even though an employment verification letter is sent it still might not be enough if your pay stubs include overtime. USCIS might only consider base pay average hours worked and extend that to the rest of the year to figure out if you are going to make enough. Overtime is not guaranteed. This is some guesswork on my part but working in finance related positions for 30+ years and doing my own taxes, you get a feel for what might be allowable or not. In the case of I-864s I would rather have too much evidence then not enough to help them make up their minds. I get worried for people on here that are close to the poverty line. It gives USCIS too many chances to generate an RFE

  7. I am curious to what you are going to do if the Border Agent at POE only gives you a month. Just because you say you want to stay 5 months or 2 months. It's not up to you how long you get to stay. They can even deny you entry completely.

  8. As a reminder, you will get a 10% tax penalty for using a retirement account to pay off your taxes. That might not be good either. You will be asked where you got the money from to pay the taxes. Also, why do you have money for retirement but not money to pay taxes? Your call. Seek an attorney. I think you might have to hold off on reapplying for a while. You can accelerate the payment plan but I would not use retirement money. That's what they call robbing Peter to pay Paul. Paying your taxes off should help you in the long run but you have shown that you are willing to break the law by not paying taxes and you may do so again if you find yourself in a tight situation. 

  9. 2 minutes ago, otmy0023 said:

    Does treated as resident alien change the nature of the joint filing? I certainly hope not, since my refund doubled, with the lower margin, and double deductions/exemptions

    Since my wife does not have a green card yet she is a non-resident alien. For tax purposes, I can file "Married, Filing Jointly" as long I manually file taxes with a written statement that we both want her to be treated as a resident alien. 

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