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Everything posted by pushbrk
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This is a visa case, (I presume since it's posted in a visa forum) so USCIS won't see or deal with the affidavit of support. You are correct as to recommending a tax return transcript but incorrect as to how to complete the affidavit. The total income from the three tax returns gets entered in the tax section, even if it's combined income. This is very straight forward. What you quoted above is about what to submit, not how to complete the form. If this person is self employed, it's a bit more complicated, but assuming they are employed, they will state only their own current income where they are asked what their own current income is "that they are using to qualify....". If the person is self employed, say so, and I'll provide the necessary information. NVC and Consular Officers deal with affidavits of support in visa cases, not USCIS. I just want to add, that "asking for a friend" noble as it is, is a bad idea overall. There is no "solution" to this situation. No timeline is given. If the "friend" hasn't filed the petition yet, then they'll file another tax return as married filing separately before the affidavit of support is even needed.
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Any "RFE" is "at this stage", meaning between filing and decision. It's for something they want that was not included in the package. Nobody here could accurately speculate on what it might be, without far more information about your case and what you DID include with your initial filing. You could entertain yourself reading "The stupid RFE" thread pinned at the top of this forum.
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When to file I 130? Best route?
pushbrk replied to BrokenWings's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
You notify USCIS that you've naturalized. When the petition for spouse gets to the National Visa Center, it will proceed right away. As a US Citizen, you'll file a separate petition/I-130 for each parent.- 6 replies
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- ir
- immediate relative
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(and 2 more)
Tagged with:
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Change of consulate
pushbrk replied to Sammy2026's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
No. -
"After she arrived" is not the issue. It must have been issued after she left or as she was leaving. Otherwise she needs a new one, exactly the one described, and obtained exactly as instructed in the link I gave you. No police clearances are needed for the petitioner. (You) Now is also a good time for you to understand the I-130 is a petition for alien relative, not an "application". When YOUR petition is approved, the foreign relative(s) are invited to "apply for" immigrant visas. Both details AND terminology are important for understanding the process and what is needed.
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Maybe a typo but "online" meeting doesn't count. In person time between the Utah proxy marriage date and the petition filing date is what is required. You do not need to show you cohabitated. His passport stamps entering and exiting the Philippines is all the "consummation" evidence needed, but it is absolutely required.
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Get married when and where you want, then do the spouse visa. From Mexico, it will take a couple years. If she doesn't abuse the visa, but staying too long or spending more time in the USA than out, she should be able to visit. Unfortunately, the USA does not have "I want to" visas related to immigration. You must choose from the available paths. That what the lawyer proposes has been happening regularly for years, does not make it right. Adjusting status as the lawyer proposes, has it's drawbacks too. She'll be stuck in the USA from entry plus close to a year, without the ability to come and go, or work and will lose her B2 visa as well.
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I-864, IRS 2024 Taxes
pushbrk replied to GABO507_PTY's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Sometimes they do ask. The year you sponsor an immigrant is not the year to delay filing your tax return. If she cannot file it before the interview, then you should have with you, her W2 form and a recent pay stub, as evidence she still has the same job. -
Not really a tax expert, but if you work for a US Company and get a W2 form, I doubt it's proper to take the FEIE to begin with. But yes, this will reduce your qualifying sponsor income to whatever is left over on the "total income" line of your 1040. If you have an offer letter that shows you will return to the same company in the USA, then you can state your "current income" as what is stated on that offer letter, and should be ok.