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aless

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Posts posted by aless

  1. I just received the notification of the Green Card interview date for my dad. In the list of things you must bring with you it says: "If you have children, bring a birth certificate for each of your children". I am the petitioner and included my birth certificate with the original submission and will bring another copy to the interview. But I have two brothers who live elsewhere in the world and have had nothing to do with this process. If they have their birth certificates, they are foreign and they will need to get translations done and then get them sent to me quickly. Is this really necessary? Seems like it probably refers more to marriage green cards where children are relevant. But two sons in their 50s who have nothing to do with the US? Anyone who has sponsored parents know anything about this? Any advice appreciated.

  2. Hi. I just received the notice that my father's AOS interview has been scheduled and we will receive the date in the mail. From what I've read, typically the interview date is 4 to 6 weeks after receiving the email notice. In 5 weeks I (his sponsor) have to go to London because my mother, who is being treated for cancer, has to have a surgery and she is all alone. If my father's interview clashes with this trip, will that be a problem? Or is the sponsor not required to attend a parent's interview? Is it recommended that they do attend, if able? Thanks for any information.

  3. Hi. I was all done with filling out I-765, with (C)(9) as my eligibility category, when I came across an official USCIS page that says if I want a combo card for EAD and AP I should perhaps use (c)(9)(P) as my category instead. Everything else I read online says just filing the two forms concurrently with my I-485 would do the job. I can find very little other mention online of using (c)(9)(P). Can anyone here please confirm whether I use (c)(9) or (c)(9)(P) for question 16 on I-765? Here is the USCIS page I mentioned, about filing I-765 with other forms, and if you scroll down you'll see what I mean. Thanks for any help.  https://www.uscis.gov/forms/filing-form-i-765-other-forms

     

  4. Hi. Question about supporting evidence for a concurrent filing for a parent. I rarely see the documents I mention below suggested but I have seen them in a couple of places, such as this checklist apparently prepared by USCIS for the embassy in Rome, so I want to be sure. https://it.usembassy.gov/wp-content/uploads/sites/67/2017/01/DHS-I-130-parent-jan-23-2017.pdf

     

    My father divorced my mother, remarried, and then his second wife recently died. Do I really need to provide the marriage certificate for that second marriage and the death certificate of my stepmother? And also is the divorce certificate for my mother and father necessary? Like I said, in the many checklists out there I have almost never seen these asked for, and I fail to see their relevance, but now I just read this official-seeming site I wonder if I need to get hold of these things. Thanks.

  5. Apologies for asking many questions. This I-864 is confusing and I don't want to make any mistakes. I own a few properties which I rent out. That is my income. I have no W2s. My wife and I file a joint tax return and she is filing an I-864a because we are using jointly-held assets. Based on advice in forums I am entering the full amount of our current annual income in my box and entering $0 in my wife's box and on her I-864a. Is this correct? Most advice on this matter suggests using W2s to differentiate each person's share of the income on an I-864, but I do not have W2s. Should I just explain in the cover letter that I've attributed all the income to myself and have simply included my wife because we file a joint return and hold bank accounts jointly that I am using as assets? But on her I-864a for Total Income for the three years I'll enter the same amount as I enter on my I-864. Or am I doing something completely wrong?

  6. Another I-864 question! My wife and I are self-employed and we are filing both the I-864 and I-864a because all our accounts are jointly held. As a self-employed person I must send a full photocopy of the tax return plus all schedules, 1099s, etc. The instructions for the I-864a say I must do the same thing and that the I-864a must be filed with the I-864. Do they want me to include two copies of the exact same joint return, schedules, etc., basically back to back, with the I-864 and I-864a? Or since the I-864 and I-864a are filed together do I only include one copy of the return?

  7. I guess the bottom line is, everything is incredibly simplified if I can just not include my wife at all and I sponsor my father alone. But will I have problems because some of the mutual fund accounts I am using as assets are in both our names and the tax return is a joint one? Or does it not matter...is an I-864a not necessary just because her name is also on accounts/tax return?

  8. 2 minutes ago, Damara said:

    Theres no apparent reason why you are adding everything twice.

     

    Does your wife also own the business? I suspect not. So she has no income. If she did own it with you what is her share? That is how you would divide up the income or loss.

     

    For the bank account you can only count the account once even if its joint.

    My worry was that our having a joint tax return meant that we both have the income, since the return doesn't stipulate whose is what. Is that not right then? I can just put $0 for her current individual annual income and for her Total Income? And do the same on her I-864a? Which I am only filing so I can use our jointly held mutual funds that have substantial assets. I was thinking it would seem odd to the person reading our file to see I've filed an I-864a for someone who has $0 income.

  9. In Part 6 of the I-864 for Sponsor's Employment and Income I am including my wife, with whom I file taxes jointly. I will file an I-864a for her. On our tax return we have a huge negative number due to a Net Operating Loss carryover from a previous year. I will be able to combat this with substantial assets. My question is this though. I have to enter my individual annual income, which on Line 22 of the tax return is, let's say, $-200,000. I also have to enter my wife's current income, which since we share a joint return is the same exact figure. At the end of that, in question 15, I am supposed to total all the amounts, thereby making my loss $-400,000, which is incorrect. So what do I enter in the current income for my wife? Anyone filing jointly would have this problem. It's a shared return but you are asked to add two figures that should not be added as that incorrectly duplicates the figure. But if I write "$0" for my wife's current income that is not what appears on the tax return and so that might cause an issue. And in fact on the following page I find a similar problem. I have to enter my assets and her assets and add them together. However, we share the bank accounts in which those assets lie, so again it would end up with a figure double the size of what it is. Confused.

  10. I'm confused on a couple of the Eligibility and Inadmissibility questions on the i-485 which I am filling in for my father. He had two years of compulsory military service in Italy, during peacetime, as a driver and in an office. I said yes to 49 - "Have you EVER received any type of military, paramilitary or weapons training", and explained he had military service in the additional pages at the end. But then there are a couple more questions a little further on, clearly among a group of very negative questions regarding admissibility, which look like I would have to say yes to, based on the Italian military service. Are these two, copied below, indeed a YES? And if so, do they get their own explanation in the back, which would be identical to the explanation there for question 49 about his having done military service? He never used a weapon against any person but the Italian army certainly did at some point. And saying yes to questions relating to vigilantes and insurgents certainly seems negative. Here are the two negative sounding questions:

    54. Have you EVER been a member of, assisted, or participated in any group, unit, or organization of any kind in which you or other persons used any type of weapon against any person or threatened to do so?"

    55. Have you EVER served in, been a member of, assisted, or participated in any military unit, paramilitary unit, police unit, self-defense unit, vigilante unit, rebel group, guerilla group, militia, insurgent organization, or any other armed group?

  11. Thanks for that answer. I have one further question I'd like to add, regarding Beneficiary's Physical Address, questions 11-13 of Part 3. My dad came here to the States for a visit after the loss of his wife and we have decided to have him stay and apply for a green card. For now he still has his house in Europe. So for number 11, which asks for his physical address, do I enter his European address and then say SAME for question 13 or do I enter my address where he is now and will remain after he gets his green card and enter SAME for question 12?

  12. Hi. I am in the process of filling out the I-130 to apply for my father to get a green card. There are a few questions I'm having trouble with and I wanted to get suggestions here.

    Part 2, Question 20 - Names of All Your Spouses
    Do I give my wife's maiden name or her married name?

    Part 4, Question 21 - Names of Beneficiary's Spouses
    Same question here. He has had two wives and it seems odd to give his last name which is fairly self-evident.  I suspect they want the wives' maiden names, but I'm not sure.

    Part 4, Question 22 - Date Marriage Ended
    His wife died. I'm assuming they want that date but not sure if that's what they mean by a marriage ending.

    Part 4, Question 51a - Name of Current Employer
    He's an 84-year old retiree. It says to type "Unemployed" if the beneficiary is currently unemployed, but is retired the same thing? Which should I use in this box?

    Any help is appreciated. Thanks.

  13. I am going to petition for my father to get a Green Card. He lives in France. I've been going through everything he needs to get and the State Department website suggests that one of the civil documents he will need to bring to the interview is a police certificate. I just wanted to verify that this is correct before I have him do this. Here is the link to where I found out about it:  https://travel.state.gov/content/visas/en/immigrate/immigrant-process/interview/prepare/interview-preparation-required-documents.html

     

    Thanks

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