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Everything posted by pushbrk
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Your question confuses me. It seemed clear you filed by mail using paper forms. You do not digitally sign those forms. They are hand signed and mailed. The USCIS intake facility then scans them into their system to create a digital file they work with. When you file online, it's an online signature process. Please clarify.
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Green Card Interview at Embassy
pushbrk replied to gmf3000's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
The best evidence of relationship is evidence of time spent together in person. Photos together are secondary evidence. Passport stamps, boarding passes, and hotel receipts, etc. are primary evidence. Do bring recent photos together and if the petitioner has visited since filing the petition, updated evidence will be available. Just as a point of education, the bar to get a petition approved is very different from approving a visa application. At the petition stage, all that is really adjudicated is whether the petitioner is indeed a US Citizen, whether both of you were free to marry, when you married, and that you actually are legally and lawfully married. Although relationship evidence is expected as supporting documentation, these cases take so long, that there is usually updated evidence available. It is the Consular Officer only who will decide about the affidavit of support (public charge concern) and whether the marital relationship is bona fide. This is where the "rubber meets the road", not the petition stage. -
It seems some mistakes were made. No need for I-864a when the income is coming from the intending immigrant. Seems the I-864 has errors and you sent a "tax transcript" not a "Tax Return Transcript". How did you document the beneficiary's income? How did you calculate it? First, become an A-Student of the I-864 instructions and the form itself, then see your errors and correct them.
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You don't need anything to prove where you are living, but if you have a lease, I would include it under your special circumstances. In a year or so, you'll need to have a job and provide an affidavit of support, so be prepared for that. Many people manage this process on their own, but you tube videos are no substitute for becoming an A-Student of the I-130 instruction and all the forms themselves. Start there after clicking on the word "guides" at the top of any page here. Whether doing it yourself is a good idea depends on your aptitude, attitude, and willingness do the necessary homework. This process is about more than filling out forms.
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What you paid was a filing fee. You filed. What you filed was denied. You file again with a new filing fee. You can reprint the form from the same PDF file and sign it yourself in the right place, but you will have to refile the whole package. That's the only "fix". It's been denied because of your error. This error will cost you time and money. Many mistakes are expensive. My additional advice though is to make sure you understand the whole process, and become an A-Student of all the I-130 instructions (a separate document from the form itself) and look everything over again after you're sure you understand. We're here to help with remaining questions. Perhaps you thought the I-130 was a visa application. It's not. When YOUR (you the petitioner) petition is approved in her behalf, she will be invited to apply for a visa, and you will provide an affidavit of support. More documents and supporting documents will be provided at that stage.
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AOS and no I94 (Canadian)
pushbrk replied to Alias07's topic in Adjustment of Status from Work, Student, & Tourist Visas
Check here and if not found, print the page. https://i94.cbp.dhs.gov/home -
I-130 Name Change [merged threads]
pushbrk replied to Ekto Oktan's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
You are right there to do it, so sign the form and provide the passport style photo. To be perfectly clear, your wife, the petitioner, should file using the married name. She can complete the change and get new ID and Passport later, in the USA. -
He entered with a work visa to work. While he's here, if you want to get married and adjust status, that's perfectly fine. Be aware though that until about six months after you file, he should not leave the USA. If he does before getting advance parole, he'll be stuck and you'll have to start over with an immigrant visa process. He won't be able to work between the time his work ends and getting the new work authorization. Any "overstay" is simply forgiven. His status changes to "pending adjustment of status" once you file.
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Questions about I 485
pushbrk replied to Alexi08's topic in Adjustment of Status from Work, Student, & Tourist Visas
You must disclose tax return information from three years, but that does not mean you must have qualifying income all three years. It is current income that qualifies you. Tax returns are about the past. No matter how much an employed person made last year, if they don't have a job now, their current income is zero, but if they have qualifying income NOW, you state and document that to qualify. Look at a pay stub for a full pay period, then multiply the gross pay times the number of pay periods in a full year. That's the current income for an employed person. If your husband's current income is enough, you DO NOT NEED a "joint sponsor". -
Regarding I-485
pushbrk replied to Varshitha0798's topic in Adjustment of Status from Work, Student, & Tourist Visas
Of course an affidavit of support is required to adjust status based on marriage. You do not qualify for an exemption.