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pushbrk

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Everything posted by pushbrk

  1. As things are and have been since 2015, this set of circumstances screams (Marriage for immigration purposes only) Perhaps it's not, but that's how it will look to both USCIS and a Consular Officer....UNLESS....they find a way to spend significant time together, multiple times, with at least a couple months together before filing another petition, then significant additional visits between filing and visa interview. An attorney cannot manufacture relationship evidence. The couple must behave like people in genuine marriages behave. That would represent a tremendous change in mostly the life of the the US Citizen Petitioner. Divorce and trying a K-1 visa, will absolutely assure failure. Don't spend another second thinking about that.
  2. Well a proper situational example would be "None" for children rendering their address, and so on not applicable, but my advice is to leave blank instead of trying to type anything at all in those fields. The instruction to not leave things blank is an artifact from long ago when may filings were hand written rather than typed into PDF forms.
  3. No box on the online or PDF I-130 allows "N/A" as the / is not allowed. You can type "Not Applicable" or simple leave it blank when, for example, the previous answer is "NONE". It's important that sometimes the answer is NONE, rendering later related answers not applicable. The two terms are not interchageable. "No Children" or "NONE" are correct answers at certain times. When that's the correct answer the question is "applicable" and the answer is "NONE".
  4. Will add my confirmation the lawyer is wrong. Sponsors need current income to qualify unless they are using liquid assets instead. Income that will not continue once in the USA will not be considered "current income". It is not "current year" or most recent year's income. It's current income YOUR ARE USING TO QUALIFY. Sound like the lawyer is not familiar with family based immigration. Even most Immigration Lawyers are not.
  5. A typed name is ok when filing the I-130 online, but not when filing by mail.
  6. Yes, print, sign, scan, and then upload all pages.
  7. Total non-issue regarding the visa process.
  8. Correct, but another option is to let the petition get approved, then just login to the CEAC portal once a year, to keep the approved petition alive, once USCIS has approved it. This allows you to change your mind later, without refiling and waiting a year for approval. Nothing negative either way. Just another option.
  9. Yes, I think it is worth trying, but I also like S2N's answer.
  10. Yes, information from three years, but since there is no qualifying past income to document, only the latest transcript is required. No problem including all three though.
  11. Pay stubs are only to document current income. If you don't have current income, sounds like you will also need a qualified joint sponsor.
  12. You are going to need information from three past tax returns, but are only required to provide the latest year's transcript. Pay stubs are used as evidence of current income. What you will need depends on the full circumstances you have not mentioned.
  13. Yes, that's the more efficient way to complete the immigration process.
  14. The most crucial evidence is the evidence you were staying together long term. You entry and exit stamps in your passport are primary evidence of that, as are airline boarding passes. Photos are secondary but include if you have. Leave out the wire transfers. They are evidence of money going one way, not comingling of finances. Evidence you are supporting the foreign spouse are not helpful to the foreign spouse showing a bona fide relationship with a US Citizen Petitioner. Skip the chats. Your time together is far more important.
  15. I understand the belt and suspenders mind set, but I don't subscribe to it in this context. Avoiding obligating a joint sponsor when not absolutely necessary would be my priority. YMMV
  16. Everything has a context. The reason you would file an I-864 with no income or assets is that the petitioner is required to do so in that circumstance. In such a case, a joint sponsor would be required. In the OP's situation, they clearly qualify, and the home equity would be considered within its context as part of the totality of circumstances. By your logic marriages fail often, so why would anybody try it? Qualifying as sponsor using assets is allowed. It requires properly completed affidavit and properly documented qualifying assets. Anything marginal is risky, but those will clearly qualifying finances are routinely successful using assets to sponsor an immigrant.
  17. This is an example of documentation and completion errors. They qualified, but what they presented did not make that clear enough.
  18. Easier for me, as I primarily hang out in the spouse visa forum. However it is not correct that USCIS or Consular Officers "do not allow" equity in a primary resident to be used as an asset. What's true is they don't consider it liquid. In this case, they will know the sponsor has lower expenses because they pay no rent, and they have sufficient liquid assets to make up for the income shortfall.
  19. Too general. When done properly, this should be fine. It's the D/R, not India.
  20. USCIS will not be involved in the financial part of the decision on a spouse visa case. That is all submitted to NVC and the Consulate.
  21. The 90k in the bank can carry the day. Just a few statements with the oldest being at least a year old will do. With regard to the apartment, sure listing it as an assets and documenting the equity is certainly allowed, but when evaluated, the equity will not be considered liquid. What it's good for is to show you don't pay rent, and are solvent. USCIS has nothing to do with evaluating an Affidavit of Support in a spouse visa case. That will be NVC and a Consular Officer.
  22. Time to "come to jesus" on this. You were advised properly back in February.
  23. Just so you understand, you must do this before you file petitions for the children. If you file and they get denied at interview, your husband will have a visa that expires in six months and your children will have nothing and no way to accompany your husband to the USA.
  24. Do you mean you DID NOT MEET the physical presence requirements. If so, have you looking into your children's citizenship through your parents. (Grandparents, as mention in the previous topic)
  25. If petitions are needed for the children, the above is certainly ok to try, but don't get your hopes up. It's the petitioner's responsibility to do their homework. It's pretty difficult for any politician to spend their political capital when USCIS and NVC have done nothing wrong.
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