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Edward and Jaycel

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Everything posted by Edward and Jaycel

  1. Understood.... I just want the others be prepared for a rejection because the lockbox has to reject it. Sorry everyone. If you checked the "Spouse of a US Citizen" box and you came on a K-1 visa it's gonna get rejected. Unlike the actual USCIS Adjudicating Officers who have some discretion for interpretation, the lockbox employees are contractors who have no latitude.
  2. It is not a "person Adjudicating" thing. If you check "Spouse of US Citizen" they then are required to have an approved or concurrently filed underlying petition for immediate relative of USC (Like an I-130) in order to process you under that category. When you check "Person Admitted as a fiancé(e) of a US Citizen...." they know that you already have an approved underlying petition for your non-immigrant entry (The I-129F)
  3. The PDFs of the tax transcripts you download from the irs.gov website are the “Originals”. The embassies love to use blanket language for requirements so they can just use this same language for multiple documents
  4. Yes…. You will correct the mistake and refile the whole package. Make sure you reprint the signature page as well and sign it anew. There should be a bright, neon colored piece of paper included in the rejection package that you will put on top of your new submission.
  5. if they reject your submission, they will em return your checks or money orders with your packet and if you paid with the credit card form they will shred it
  6. This is the reason for the rejection
  7. Did you check “Spouse of a US Citizen” in Question 3a under “Family Based” for your adjustment category?
  8. Yes... You should receive a receipt notice for the I-765. If it has been more than 30 days since it was received, you can make an inquiry with the lockbox. https://www.dhs.gov/sites/default/files/2022-06/Tip Sheet - When to Contact a USCIS Lockbox_0.pdf
  9. No way to tell how long they will take to adjudicate.... When USCIS / DoS asks about charges, they don't care if summons were never issued, if the case was closed, record expunged, case sealed, etc. If you had charges, they should have been disclosed and the disposition of the charges disclosed as well. I am shocked that your attorney would recommend not being 100% truthful for the reason "to not confuse them". That is some horrible advice. When it comes to immigration, you should always be 100% truthful in your answers, especially to a question regarding material circumstances about your history of charges.
  10. If you had charges in India and in the interview you said no charges, they may consider that misrepresentation. If you got an RFE to submit your PCC from India, then that is your next step. If you don't respond to the RFE then your I-485 will likely be denied as abandoned.
  11. Same here... My income was well above the requirement and did not list any assets at all.
  12. ok wish you the best of luck… but what your lawyer said in waiting to pull the I-130? Zero benefit in waiting for the divorce… it’s your application and you can pull it any time you are inclined to do so
  13. I’m sorry if this seems blunt, but with this last post it has to be asked… Did you send the withdrawal request for the I-130 to USCIS?
  14. You should have had her served with the divorce papers when you met yesterday
  15. This is from the instructions on the form for that section NOTE: You MUST attach a photocopy or transcript of your Federal income tax return for only the most recent tax year and complete Item Number 16.a. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years and complete Item Numbers 16.a. - 16.с. Type or print the most recent tax year and your total income for that most recent tax year. If the amount was zero, type or print "zero" or if you were not required to file a Federal income tax return type or print "N/A" for not applicable. Type or print "N/A" for not applicable for Item Numbers 16.b. - 16.c. if you do are not submitting any additional tax returns. So type N/A in b-c if not including those tax years… my mistake
  16. You are only required to list and provide tax return transcripts or returns for the most recent tax year. If you choose not to supply all 3 years then you leave 16.b. - c. blank. Just remember, current income is king.
  17. Yes 100%.... Don't redact anything. This is all going to USCIS which hold all information in your A-File. Access to this information is classified.
  18. Item 12 is the sum of your individual income in line 7 (which is your current income derived from the proof you provide from your paystubs and employment letter) plus lines 8-11. You should not have anything 8-11 based on your info so far, so lines 7 & 12 should be the same. You will put the amount from the "Total Income" line on your transcript in Part 6. Line 16.a. Your household size looks right if it's just you and your wife
  19. @Greenbeatles1 This is what the document tab looks like when you upload stuff - What I couldn't capture in the screenshot is at the bottom of the page is an "Upload" button,
  20. Yes... after your application gets accepted, USCIS will send you an "Online Access Code" with instructions on how to set up your online account. Once you do that you will have access to any notices issued to you on your application and you will have the ability to upload "Unsolicited Evidence". We have used that extensively since we have generated a bunch of evidince of our marriage bona fides after we mailed our original applications.
  21. Send transcripts OR 1040 with all schedules + W-2s + 1099s (as applicable) Current income is king so if your spouse's income is $20K above the 125% Poverty Guidelines and that is proven with the 6 months of paystubs and employer letter, that's great! You are only required to provide the most recent year's tax return transcripts or Tax Returns + supporting docs. USCIS prefers the Tax Return Transcripts. The income you put for your current household income is whatever your spouse's paystubs shows for GROSS income (x26 for pay schedules of every other week or x52 for weekly pay schedules). When they look at the tax return transcripts, USCIS looks at the "Total Income" line.
  22. The consular officer can and will extend the validity of the I-129F Approval Notice at the interview if they approve the visa and the Approval Notice is expired. The DS-160 is valid for 1 year from the date you submit the application.
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