themandalorian

My wife received her IR1 visa back in June. She had until Dec 25 to go to USA to get the entry stamp and 'move'. We went together before that date.  We visited for 10 days and are preparing to move officially because the local embassy in Hong Kong said that is fine if we need a bit more time before the actual move.

My questions are:

1) How long do we have to officially 'move' with the current visa she has? The border agent said 6 months. The local embassy said 1 year. I'm not sure what to believe.

2) She received a new social security card in the mail at the address we are moving to. Does this mean the green card process is starting and in the system or is that separate?

Thanks for the information in advance!

Good news! Finally was able to schedule the interview for mid July! Seems there are only 2 days available as of today. 

We started the process in March 2021 and after 15 months it is a huge relief. 

If you're still waiting, consider requesting them to expedite due to psychological stress due to Hong Kong covid laws. It seems to have worked in our case. 

2 minutes ago, pushbrk said:

I would just wait until you have your 2021 return.  Immigration year is not the time to get an extension on filing.  Then, provide a whole new I-864, with information from 2019 and 2020 returns, plus a complete copy of the 2021 return.  For current income calculate the gross per pay period times the number of pay periods in a full year and state that as your "current income".  If it is not obvious, provide documentation the income will continue from the same source.  I know my recommendation will cause a delay but it is a necessary one for your ultimate success, in my opinion.

 

Thank you I appreciate you sharing your obviously vast knowledge with a newbie. 

We received an update today that said:

• please submit 1099 / W-2 for 2020
• you do not financially qualify based on 2020 tax returns

So at this point we should wait for 2021 tax returns and resubmit I-864 along with the most recent pay stub OR can I just show that currently the income that I'm making now meets the requirement + what is in the US bank account? Appreciate any response from anybody thanks! 

11 minutes ago, pushbrk said:

The reason 2020 matters is because you chose to include the 2020 return, instead of just information from it.  Then, you submitted a copy of the return, without the W2 form.  A complete copy of a tax return includes everything including the W2.

 

You have not stated whether your current income will continue from the same source, once you're in the USA.  If it will, just submit a current pay stub and anything else they ask for.  No arguments or "whys".  Just do it.

 

It's 2022 now. How is it possible your income is better now than in 2022.  Do mean better now than in 2021?  You file the 2021 tax return in 2022.

Appreciate the response! I'm completely new to talking to anyone about this visa matter other than with NVC / HK embassy every few weeks and months so please bear with me. I just found this website earlier today...

They requested 2020 tax returns which I provided as requested, but I do not have W-2s or 1099s. 

I meant that the income now in 2022 is better than 2020. Mistyped in my anxiousness of finding this website after waiting on NVC for months today. 

Income will continue from the same source once I'm in the USA. My 2021 return has been extended but I hope to receive it from the firm in the next week or two. 

Is the best bet at this point to submit my current payment stub in the additional documents section? If I need to update my I-864 should I just add that to the additional documents section? 

3 minutes ago, Crazy Cat said:

If that income is going to continue after re-location, I would upload them along with the correctly annotated I-864s.  They are important supporting documents. Of course, you must also submit the latest tax return package or transcript.  

Thanks

Just now, arken said:

You start with reading I864 instructions and filling it out where you can combine your income and assets to meet the financial requirements.

Thanks

18 minutes ago, Crazy Cat said:

CURRENT income which continues after re-locating to the US is the best way.  That can be determined by latest pay period gross income multiplied by number of pay periods per year (CURRENT ANNUAL INCOME).  If self-employed, the last tax documents can be a source.  Of course, sufficient assets can be used also.

What's the best format (PDF bank account statement, pay stubs, a certain form, etc.) for showing current and ongoing salary from the US + assets? 

20 minutes ago, Mike E said:

Your thresh hold is not $22K. 
 

Per https://www.uscis.gov/i-864p for a household of 4 people your thresh hold is $34,687

 

Also you need evidence of current income that is USA based as well as evidence of USA domicile.  

Thank you! Is current income and assets more important than what was going on in 2020? I am really curious as to why 2020 even matters. My financial situation has changed greatly for the better. Appreciate your clarification and info! 

15 minutes ago, Crazy Cat said:

CURRENT income which continues after re-locating to the US is the best way.  That can be determined by latest pay period gross income multiplied by number of pay periods per year (CURRENT ANNUAL INCOME).  If self-employed, the last tax documents can be a source.  Of course, sufficient assets can be used also.

Thanks! What is the best way to prove that income and should I upload pay stubs into my file with CEAC or wait for them to question things? 

On 5/2/2022 at 8:52 AM, Immiwait said:

I 130 - Filed March 29, 2021 - USC filing for spouse - Nebraska service center - shows as "your case is being actively reviewed by USCIS since april 20, 2021. 

 

I 765, 131 & 485- NBC - filed July 9, 2021- all of these show as " case is being actively reviewed by USCIS since December 7, 2021. 

 

 

Finger prints- December 7, 2021

 

I 130- waiting for >13 months. Had a chat with USCIS ask emma about 3 weeks ago and was told that my application was transferred from Nebraska to california service center. However, processing times show that i am atleast > 5 months beyond average processing times for my case regardless of nebraska or california center. 

 

When i try to file for submit a query for case outside normal processing time, it keeps telling me that i cannot do that. So same issue described by a lot of folks here. USCIS has no answers, and say keep waiting. Immigration Lawyer has same suggestion. 

 

If I 130 is taking this long then i am not even daring to think about I 765, I 131 and I 485!!!!

 

Thank you. 

 

 

Interesting! We have basically the same timeline then. Let's keep in touch. We're applying from Hong Kong though. They just started interviews up again on April 4...

I am an American with two children in Hong Kong. My spouse is from Hong Kong and we have been married more than 7 years. We started our application in March 2021. We received the I-30 letter in September and started submitted documents. We had a response in October for more documents for financial obligations and all that. Had a response in February requesting more information. We provided it. Today we received a note that says that based on 2020 tax returns that I filed I do not meet the threshold. The threshold I thought was just $22k which it clearly shows on my 2020 tax returns was exceeding this. 

My question is, what is the best way to prove that you CURRENTLY meet and exceed the threshold? They asked for a 1040 form from 2020 which I just pulled from my tax return and submitted today with a letter explaining that my financial situation now is much better than it was in 2022 and I'm happy to provide more information to prove that. 

I am hoping I don't have to wait months for the same request for a 1099 or 1040 (I've seen other posts saying this has happened). Anybody currently experiencing applying for IR-1 in Hong Kong with the closures (they just opened April 4 apparently for interviews) 

Thanks in advance! 

11 hours ago, ZackyV said:

Hello, We are basically on the same boat. I just got dq in March and im still waiting for the interview to be scheduled by the NVC. We should keep each other posted. Wish for the best

Yes definitely want to see when you get your interview if you were just DQ'd in March and they just opened in April! 

12 hours ago, Lingqu said:

You will receive an email and notification from NVC after your documents are submitted and accepted by NVC. 

Thanks! 

Finally heard back from NVC for the first time since February. As a self employed person for over 12 years they are asking for W-2s or 1099s. Otherwise I will not meet the minimum income level I guess. I am over the minimum amount but I guess the W-2s need to show that? Also they're asking for 2020 which is strange since my situation has greatly changed in the last year. Should I just attach as much information to the file as possible? 

On 1/4/2022 at 11:09 PM, Lingqu said:

Hi Ben450:   Any news for interview? Nothing for me. 

How do you know if you've been "DQ'd"? 

I filed in March 2021 from Hong Kong. Anybody else in the same / similar boat?   

4 hours ago, SpL01 said:

The consulate only reopened in April, so I am guessing four months is more likely. My case also just turned DQ, great it if you could keep us posted when you receive your interview schedule!

Hey there! What does DQ mean? The status for my wife is that everything is with NVC. Since the HK consulate just opened April 4, do you have any idea on the queue? We last heard back from NVC in January saying they received our application, had questions, we answered them and everything is with them now. That being said when I check the "status checker" it says I was supposed to email them the documents? So confused! 

Finally found this website so need to dig. Any help would be great!!!