adarkenigma

does cash value of life insurance count as asset? 

I guess I can use "tax returns + 1099s + all tax schedules" for 2021 and upload transcripts for 2020 and 2021. I also saw some YouTube videos saying bare minimum income might not be good enough. I can show cash value assets of around $50K-60K, if someone with low income has tried it without a joint sponsor. Please advise, (I can try getting one but,..) 

(I drove to the local IRS office, and the law enforcement agent wouldn't let me pass without an appointment. I said I couldn't make it on the phone as it said to call some other time,  just gave me a leaflet with the same number on it. I guess they want me to drive back. I need my wife's passport back)

I am a petitioner and filled for my spouse; we married last May. (I-130, priority date 10/15/2021)

On September 19, I received an email from NVC stating that they were ready for me to begin applying with the National Visa Center. I paid, and now I can see steps online on what to do next. However, I do not have the tax transcript for last year yet.

Background:

I filed joint taxes in April. Account Informed me that I could not file electronically. I mailed in my taxes. I work as an independent contractor, so 1099 & for my spouse ITIN. I got a letter from IRS on August 8th stating they need more information to process the W-7 (for my spouse). It said if you send a passport, no other documents are required. I got my spoused passport, and It was delivered with documents they sent me on September 1st. I have been trying to reach IRS, but they are no way to reach them via phone. There is a local office about 90 minutes from here. I am thinking of driving there, I can't even make an appointment, so I will just see if I can talk to someone there.

Last 3-year income.

2019 = 27K (IRS transcript)

2020 = 30K (IRS transcript)

2021 = 24K (estimated)

So my questions are

Can I file I-864 without 2021 IRS transcripts?

I don't have pay stubs or anything like that; what else can I do?

I have no dependents. Do I need to find a joint sponsor?

Can I file I-864ez?

okay thank you, much obliged.

so she will automatically get green card? can she work here before she gets green card? 

I filed I-130 for my spouse 9 months ago. I have read "Step-by-Step Guide on Filing an I-130 for a Spouse Inside the US"  guide on here and it has a section about I-485 and how to file for it.
I have read online that I could have filed for I-485 and I-130 together but in some places, it said the spouse has to be in the US 

So, can I file for I-485 if my spouse is not in the US? or I can only file once she gets here?  

Forgive me if this question answered already. (I just need someone to tell what is correct route) 

okay, thanks all. Will update it after I get reply from USCIS.

@milimelo apologies, I can see my formatting has led to some confusion.

I should have used "petitioner" and "beneficiary" to properly elaborate my queries.

I am the petitioner and my spouse is the beneficiary.

Quote

here is what we got from my previous post 

late night posting, wasn't paying proper attention. should have just said "my previous posts"

and 

when I say 

Quote

I think you might be right, in my K1 package in one of the photos we both had garland around our necks.

I mean, K1 application I filed for my fiancé back in 2018 and she was denied visa by CO.

(can't find "my I-130" use in this thread otherwise)

Sorry, English is not my primary language.

Thanks for clearing that up Chancy,

few follow up questions, you said 

Quote

14. Scan of two signed sworn affidavits -- Weak evidence, but allowed.

should I not attach it? If USCIS would dig up my past application they would know that I applied for same beneficiary, only difference now in CR-1 application that she adopted my last name. 

what else can I use it as evidence? 

@carmel34, My time with my wife very limited as marriage was not intention of my visit, I have already booked return tickets before I left. My trip duration was 55 days and she was with me for 53 days helping with emergency (spent most our time together in hospital and home) and lock down didn't help. In fact we arranged traditional wedding in 4 days. Luckily everything worked out. since we just got married haven't filed joint taxes yet and open bank account week before I left for US. I don't have POA, living will, etc except life policy, on that I have already added her.

can I use her health policy where she added me as beneficiary? does that count as joint responsibility? 

Should I make POA or Living will now? do I need her inked signature on any of that? 

I think you might be right, in my K1 package in one of the photos we both had garland around our necks.

So following PDF in package

1. Cover letter

2. Form I-130

3. Form I-130A 

4. Scan of my Naturalization Certificate 

5. Scan of credit card statement (proof of residency)

6. Scan of marriage certificate (it says “marriage certificate” on title)

7. Proof of joint bank account in spouse’s country (Scan of Bank Passbook)

8. Scan of my boarding pass and Scan of passport stamped pages

9. Scan of wedding Invitation card

10. 9 photos of our traditional wedding (3 Photos per page)

11. 9 photos of our engagement (2018) (3 Photos per page)

12. 9 photos of our court marriage (3 Photos per page)

13. Link to Wedding video

14. Scan of two signed sworn affidavits

15. Scan of my life Insurance policy (showing I have added my spouse as beneficiary) (as proof of joint responsibility? maybe)

Pay USCIS fees online via card or bank account?

What about sending 2 copied of passport photos of me and my spouse?

also what about form I-130A do I have upload that online too? or mail it in?

last time I made 3 physical copies of package and sent one to my wife (fiancé back then), so this time (when she gets to the interview stage) have her print out of PDF I create for upload?  

is that correct?

3 hours ago, Chancy said:

Why was the K1 visa denied?  If you have not overcome the reason for visa denial, you may have the same issues going through the CR1 process.

"the beneficiary of the petition is not entitled to the accorded status" (whatever that means)

I think visa was denied by CO at time of an Interview.

here is what we got from my previous post  

1]

2] 

and 

I need advice on how to proceed and how to avoid RFE.

We got engaged in 2018 and were planning a wedding in 2019 in the US, but due to covid, our plans changed. In April, I was granted a special entry visa due to a family medical situation and after the emergency resolved we decided to do a court marriage and after that our family decided we should also do the traditional wedding (in May).

I understand that I can do I-130 application online, what I don’t know is if I can upload photos, wedding invitations, etc online?  

I was thinking of front-loading the application (provide as much proof of our legal union as possible? As far as I understand it). So it would better if I mail in the package instead?

Preparing to send in the following-

1. Cover letter

2. USCIS fees (cashier’s cheque) 

3. Form I-130

4. Form I-130A 

5. Copy of my Naturalization Certificate 

6. Copy credit card statement (proof of residency)

7. Copy of marriage certificate  (it says “marriage certificate” on title)

8. My 2 passport photos in a clear plastic bag

9. Spouse’s 2 Passport photos in a clear plastic bag

10. Proof of joint bank account in spouse’s country (Copy of Bank Passbook)

11. Copy of my boarding pass and copy of passport stamped pages

12. Wedding Invitation card

13. 9 photos of our traditional wedding 

14. 9 photos of our engagement (2018)

15. 9 photos of our court marriage 

16. Link to Wedding video (maybe a USB drive with the entire video?)

I was thinking of maybe also do a sworn affidavit from 2 people who attended the wedding as the guide suggests. 

Also, a letter stating (pleading) that I am getting married to the same person whom I was engaged to 3 years ago, so please grant her a visa so I can be with my loved one or something to that effect. 

Should I also file form I-864 and form I-864A with this package?

Do I need to add anything else? 

10 minutes ago, Paul & Mary said:

You won't hear from the consulate.  And you won't hear from the NVC.  You may eventually hear from USCIS.  If you don't hear from them by the time you marry you need to withdraw the petition at USCIS.

 

You don't need to spend a lot on a wedding.   You need to get married, spend face to face time together and have a strong front loaded petition.

okay will do, Thanks.

2 hours ago, Paul & Mary said:

I would make sure you deal the issues of why you k1 was denied, get married, spend more time together and file a front loaded CR1 petition.  Do everything you can to present the best case.

they are not giving answer at embassy and I don't want to wait till case comes to USCIS (likely 4 months now), I am gonna file for CR-1 in 40-50 days document everything about my trip and wedding. do I need to have huge wedding to convince them we got married or just present marriage certificate is proof enough of wedding? I was thinking save money on wedding and spend it on honeymoon if I am not gonna see her for some time after we get married. 

2 hours ago, Jorgedig said:

You will want to find out the reason why your fiancé is not eligible for the visa before submitting any new petition.  Did you by chance have an 'engagement ceremony' which could be perceived as a wedding?  Only one visit prior to filing?  Arranged marriage or first cousins?

It was arranged by our parents and only one visit prior to filing. Yes we did have engagement ceremony wish was lavish I also sent pictures of us exchanging rings of that with package at interview fiancé said we will get married in US. Fiancé keeps calling embassy but they said refer to letter but I told her to keep trying and see if she can speak to someone at higher level.

13 hours ago, JeanneAdil said:

Just go and marry

Denied my K1 in 2009 and i still wait on a denial letter

maybe they are better about getting it out these days but in the past ,some embassies just gave the 221 to the beneficary and sent the packet to the US

the letter picked up at embassy is probably the only correspondence anyone will get

 

Not really too much a congress person can do as immigration is not under control of Congress /  if they send any inquiry,  they get copy of the same letter you got

but since they are all Republicans in your state,  you can try 

Congress writes the laws and rules for immigration but according to the lawyer i hired,  they have no control over the visa process as immigration is no funded by federal money but by the fees we all pay

 

 

makes me more sad, I hope everything is going well for you now. 

2 hours ago, Jorgedig said:

How do you imagine they would help?  They cannot influence consular decisions at all.

uneducated wishful thinking on my part but I figured it won't hurt to try.  

4 hours ago, carmel34 said:

CR-1 sounds like your best path forward in this case, but before you file the I-130 petition make sure you include lots of additional evidence that the relationship is bona fide, such as passport stamps and boarding passes showing trips you took to be together, hotel receipts, photos, and lots of financial co-mingling evidence like joint bank accounts and credit cards, will, living will, power of attorney, beneficiary on life insurance and retirement accounts, US tax returns filed as married filing jointly, basically any documentation you can get that can be done while living in separate countries.  The officer may have suspected the validity of your relationship, so pay attention to this or the CR-1 could be denied for the same reason.  Do more research on what others have done to file a spousal visa successfully, here on VJ threads.  Good luck with the CR-1 process!

for K-1 I did all this even had RFE which I replied to promptly with more evidence of relationship and  was accepted by USCIS, finally allowed case to pass but now it looks like CO just didnt like my fiancé on personal level.  

12 hours ago, payxibka said:

You need to be certain to cure the reason for the denial or you may simply end up in the same situation 

How once does go about to inquire that, if its looks like they might not even reply or send letter. I initially had RFE letter in which I provided more proof of relationship and then USCIS forwarded case to India. 

Oh well that does it, I am gonna do CR-1 now. This entire K-1 process in last 12 month gave me IBS. 

Thanks guys. 

so sure thing to do now is just get ready for CR-1 (if I do k-1 again it might get refused again). 

if I am gonna CR-1 I don't need to request congressman/senator assistance?  

okay, I found side said that I have to wait for letter of denial from USCIS? 

does USCIS send those letter? how long it usually takes  

still contact congressman/senator?  okay saw geowrian's response. 

should I try to arrange meeting with  USCIS immigration officer when I get letter of denial? 

yea found website. we only waited this long because 221(g) said we will contact you and ceas site it was "soft refusal". 

will contacting them yield any result at this point? can I start another petition or I have wait till it expire?