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pushbrk

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Everything posted by pushbrk

  1. pushbrk
    Not a visa case so you would be adjusting status. Yes, the passport photos from both are needed if you are in the USA. The prison will not "provide" his passport photo, but you would need to make arrangements for how to obtain one. Perhaps you can take the photo during a visit and do the cropping and printing yourself or have get help with that. You need both I-130 and I-485 to accomplish staying in the USA. You cannot complete the process while he is incarcerated because it ends with a joint interview at a local USCIS office. You can start now but not finish while he's incarcerated.
  2. pushbrk
    What to do is not a democracy based on how many opinions you here. Get the CRBA, then mention the child in the I-864 and DS260 at NVC stage of the process. Adding the CRBA as unsolicited evidence can't hurt, but the CRBA is stronger evidence than the birth certificate alone.
  3. pushbrk
    That the OP has not returned to comment, is quite telling.
  4. pushbrk
    Losing context is where people get confused.
  5. pushbrk
    To be clear, you cannot adjust status from outside the USA. Marrying and going back to Canada is just fine, but you would be pursuing an immigrant visa, not adjusting status. The process starts when the US Citizen files a petition in your behalf. When that petition is approved, you are invited to apply for a visa. The visa decision is made after you interview in Montreal. Click on the word Guides at the top of any page here, and get your intended spouse involved in the homework.
  6. pushbrk
    Completely different and irrelevant context. You took the K1 route, so were not married until after your spouse arrived in the USA. We are discussing proxy marriage followed by pursuing a spouse visa to be issued in Manila. Completely different process and considerations.
  7. pushbrk
    Start by becoming an A-Student of the I-864 instructions, then read every question carefully. Your current income is going to be zero. This is very clear when you answer the actual question asked. It asks about the current income "you are using to qualify....". When you can't use your income to qualify because it won't continue, then you are "using" zero.
  8. pushbrk
    As a long term self employed person myself, I tend to agree with the part I bolded above. I've often advised people here that the year you sponsor an immigrant is not the year to get agressive on business expenses, unless your taxable income will still be well above the minimum. You can always amend the returns later to fix the deductions you forgot. This CPA number 2 approach is backwards, and likely to backFIRE.
  9. pushbrk
    If the CPA said you were filing wrong, they probably meant you were taking more deductions that were legally available to you. You cannot now "hide" your previous returns from view by NVC and the Consular Officer. You will also owe taxes and penalties on the additional income for all three years. Cleaner to get a joint sponsor, but more honest to do what the second CPA says.
  10. pushbrk
    Check the visa page in her passport and see if she is or is not subject to that rule.
  11. pushbrk
    Correct, but the Manila IV unit knows this and won't issue the visa without the ROM and PSA Certificate of Marriage. This is a recent change.
  12. pushbrk
    While that is correct, she needs clearance from the Philippines Commission on Filipinos Overseas to leave using a spouse visa. This is a fairly recent change, and the Immigrant Visa Unit won't issue the visa until the Report of Marriage and CFO clearance is complete.
  13. pushbrk
    Should work great. Report of Marriage would be done through the Philippines Consulate in San Francisco.
  14. pushbrk
    The OP in this thread is not the one who got a K1 after the online marriage. The case of the person who did is irrelevant to the OP, and they have not clarified whether USCIS and the Consulate was aware of THEIR online marriage. The case was of interest to me on that score but not related to this actual thread. Nobody is suggesting anybody is adjusting status based on an online marriage that took place before filing a fiancee petition.
  15. pushbrk
    The question is whether USCIS and the Consular Officer were aware of the Utah marriage taking place, when the petition and visa were approved?
  16. pushbrk
    If you are already living in the USA, that's sufficient. If you are not living in the USA, is where the domicile issue comes into play. Please clarify.
  17. pushbrk
    Best guess is the proxy marriage was not disclosed. OP, please clarify.
  18. pushbrk
    Agreed. Green card holders from any country are only denied entry for specific reasons. Usually, it's for failing to maintain their permanent resident status. See here for your homework. https://www.uscis.gov/green-card/after-we-grant-your-green-card/maintaining-permanent-residence
  19. pushbrk
    I would submit the I-864a for your spouse and a new one for you. Your current income is what transfers to the 1040 from the schedule C. Your spouse's current income is calculated using her gross pay for a full pay period times the number of pay periods in a year. Document it with a current pay stub. AGI does not apply to you. Total income is the number used in the tax section. That need not match anything stated in current income, except as I explained what to enter for your personal current income as a self employed person.
  20. pushbrk
    I went back and read your initial post again carefully and noticed only a one day difference between the two divorce dates. I think I would leave it alone. If asked at interview, she can explain.
  21. pushbrk
    NVC reviews documents within a few weeks of them being uploaded. You can delay sending things for up to a year, but documentation of prior marriages and divorce were required when you filed the petition.
  22. pushbrk
    Yes, and the location of the marriage will be the location indicated on the marriage Certificate. It's actually the location of the officiant, usually a judge. Although Utah County is the entity dealt with, sometimes the judge is in another county. To reiterate, the petition cannot be filed unless there is evidence of consummation included. Unless the couple is physically together during the ceremony, they must have evidence of being together in the same country between the marriage date and petition filing date.
  23. pushbrk
    Probably no need to address these typos at all except to not repeat them at NVC stage.
  24. pushbrk
    Yes, at least the same scrutiny you are seeing here, which is a few minutes to get the answer to the necessary questions, checking dates of previous marriage, immigration, and divorce in addition to the normal.
  25. pushbrk
    Correct that the case will get extra scrutiny. How much, or whether they would call the US Citizen for an interview at a local USCIS office is unpredictable. It could be an extra minute of the adjudicator's time or more. It would depend on the timing of all events. They will notice anything that causes them to suspect the first marriage was immigration fraud. (Entered into for the sole purpose of obtaining an immigration benefit for the foreigner, instead of a bona fide marrital relationship.
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