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Everything posted by S2N
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I-130 - Part 4 question 62a/b/c
S2N replied to jkwonsolo's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Naples is the consulate that processes IVs for Italy. You put in Naples. -
They've decreased I-130 processing at a speed of about 1000 a day since 10/1/25 (was ~4500; at ~3500 now.) They're still going because of the reasons you mentioned, but it might be that mailroom workers or other support staff have been impacted, which would impact the rate of processing. Still significantly faster than under in the Biden-era.
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Don’t think you need to submit English lesson receipts, especially since she speaks English well enough to communicate. In our case since my husband didn’t we felt the need to establish my Spanish abilities since not speaking the same language is one of the “red flags”. I’d just keep uploading tickets and/or passport stamps/I-94s. No need to upload the Chilean PDI tourist slip they give you.
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Yah, I was being imprecise. I should have said all work within the U.S. would be cured via AOS assuming no other factors preventing adjustment. I still don’t think uploading a few videos merits disclosure. It’d likely just create more of a headache and would cross the line from full transparency to over disclosing. If they were doing a full business out of it, there might be questions, but continuing a weekly true crime podcast is likely to be fine. If it’s a major source of income where they will be producing substantial work, then I’d check with a lawyer.
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Not disclosing something that you honestly do not think is work is not willful misrepresentation. There’s a fine line between overdisclosure and being completely honest to all questions asked. Overdisclosure can also cause headaches. It’s not clear if someone who is a YouTuber uploading a video they then get income from would be considered work by the government. If it’s disclosed as work when it’s not, that can trigger further levels of review, questions, and delays in the process. If OP has a lawyer it’d also be a decent thing to get their advice on if they need the money from new content as advice of counsel can generally be relied on in matters like this if an issue comes up later.
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It also doesn’t really matter either way in the AOS situation as AOS would cure it. That’s not advocating for a violation of the law in violation of the TOS, just pointing out that under AOS the distinction matters a lot less. I don’t think the government interpretation of the law on the question of what constitutes work is as set as a lot of the immigration internet seems to think. Otherwise influencers would be facing a ban for uploading videos at Disney they make money on while here under VWP. I haven’t really seen that strict interpretation anywhere other than here or Reddit, and even in cases where the ban does matter (consular I-130), my gut is that it would depend on the CO adjudicating, but in most cases it wouldn’t be interpreted that way by the government. I personally wouldn’t do it in that case because I’m risk adverse, but I could also see a lawyer advising a client not to disclose it as work to the government. Like I said, I don’t think there’s a settled interpretation of this by the government, which is why so many people aren’t sure about what counts.
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I think we sometimes have a tendency on these forums to read bad intent where there is none. I get why a lot of the veterans read it that way, but there are plenty of reasons one could phrase it that way. I know a guy with a foreign husband who has an active clearance. In those circumstances saying “the goal is eventually to obtain citizenship” would be what the government wants to hear 😂 That’s a bit of an extreme case, but you get my point. Many people in relationships do immigrate with the intent of getting citizenship because the citizenship will be useful later. In our case it’s one of the goals because it’ll eventually allow the sponsorship of my husband’s mother, which will help us in establishing a family here. There’s nothing suspicious about entering the process knowing the desired outcome. OP — something to look into is what the paperwork is like in Australia for marriages; we did ours here on ESTA because in Chile there’s a three week mandatory waiting period after applying for a marriage license together, and I didn’t have the time to camp out in South America for 3 weeks. Australia won’t have the problem of not being in English and needing a translation, but there might be other regulatory things that you’d need to consider when choosing the venue.
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Filing CR1 with previous K1 petition
S2N replied to Camdally's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
My read of this response to that question from the IRS is only if resident or adopted. If adopted, I would confirm with your tax advisor first. -
Filing CR1 with previous K1 petition
S2N replied to Camdally's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
I’ve always seen AOS used as Adjustment of Status and never Affidavit of Support, which is why the comment you made was confusing. I-864/Affidavit of Support is obviously applicable here as well. -
Filing CR1 with previous K1 petition
S2N replied to Camdally's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
They’re doing CR-1/IR-1. AOS isn’t applicable. Have to list it on an I-130 for consular processing as well, though. -
Filing CR1 with previous K1 petition
S2N replied to Camdally's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
If possible work on getting a certified copy of her passport so you can file taxes jointly with an ITIN. It’ll save you money and is evidence of commingling. -
Filing CR1 with previous K1 petition
S2N replied to Camdally's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Have you met in person yet? -
Time to process RFE
S2N replied to Reilyn's topic in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports
Usually they process them fairly quickly, but like others have said, it depends on the circumstances. I would have advised against the money transfers, but that’s done now and the other items are useful. -
Withdrawing Pending CR-1
S2N replied to Turkey's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
The odds of a B2 visa being granted to someone with a recent I-130 petition on file are effectively zero. You are of course free to withdraw the I-130. I would still expect the B-2 visa to be denied. Neither of you have strong ties to NZ it seems like, and you’d need very strong ties to overcome a recent immigrant visa filing. -
January 2025 I-130 Filers
S2N replied to S2N's topic in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports
They’ve slowed down a bit with the shutdown (they’re still processing, but went from ~4500/day to ~3500/day) January was tracking to have first approvals around the end of December. Now it’d probably see first approvals around end of January/beginning of February as a best guess. -
I-130/I-130A Employment History question
S2N replied to lunarcrescent's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Put down the month and year you started at the most recent educational institution if the reason for your unemployment was that you’re a student. -
Birth date different on passport
S2N replied to Mdn's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
We’re agreeing. I was providing extra comments that from a government-wide level, a lot of people view K-1 with suspicion. Being from a country that already has increased risk of fraud doesn’t help that. -
Birth date different on passport
S2N replied to Mdn's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
There’s an assumption and/or prejudice by some in the immigration/state department world that even K-1s from low fraud countries are fraudulent. India and Pakistan are not low fraud countries. Draw what conclusions you want from those facts. I suspect at some point in the next three years K-1 will likely see significant changes. It’s viewed with suspicion by left, right, and center and the Utah marriages have more or less rendered it redundant at this point. -
You’re confusing the “account transcript” and the “record of account transcript”. The nearly identically named documents are both different and poorly named as they’re easily confused. The “Record of Account Transcript” (what I suggested) contains both the “Tax Return Transcript” and the “Account Transcript” in one PDF. It is the most complete transcript you can get from the IRS and contains all the information the consulate would need. Its poorly named as it can easily be confused with the “Account Transcript”, which is definitely not sufficient. The record of account transcript contains everything related to both the return and account status. Anyway — my ping was to check if they could use the simpler return only version as the joint sponsor might have reasons to prefer that vs. all account info. Answer to that appears to be yes.
