pushbrk

It's not like nobody has ever lied on their VAWA attempt. Also not like nobody ever left out the part of the story that doesn't flatter themselves. It's the only option. We can only speculate whether she will use it. I won't.

You got it all right above except a small detail. The affidavit of support is not just information. It's a signed contract obligating its signers. They want your mom's signature on that contract that has real potential obligations that would impact her directly.

Of course he did. He had to. Whether she kept a copy, we don't know. Assertion quoted refers vaguely to it, but does not actually mention it by name. That's why I think the court does NOT have a copy. I say often "Words mean things." It's also true that words not used, mean things too.

Referring to the I-134, the wording of the earlier statement from the court refers to papers filed to get her here. THAT would be the I-134. The I-864 was filed to keep her here. She may not even know about that one. Any good immigration attorney would pick up an that verbiage, and any good divorce attorney would advise against volunteering information. Like many decisions by judges, it could come down to which lawyer has (really "presents") the most persuasive argument.

Yes. Both the divorce and Immigration Lawyers can collaborate to fight this but it's still the judge's decision. I'm not either of those things but my first question would be to see her copy of the I-864. I doubt she has it, but it could be demanded in discovery motions.

You say the I-485 was denied. A properly filed adjustment package would have included the I-864, but it would not be enforceable by immigration related means, if the I-485 was denied. Why was it denied? There ARE cases where the I-864 was used as grounds for spousal support in divorce cases though. You signed a contract I-864 with the government though, not with your wife.

You are wrong about using AGI. Read those instructions and pay attention to the "IF" and what follows it. Your parents do not file a 1040EZ. Use the total income line. You are correct though that the same numbers will be entered on the past tax return section for each of them. If mom has no income, that same number is entered as your father's "current income". If mom works, subtract her W2 earnings from that total, and THAT is dad's current income. Key issue here in doing it right depends on whether mom has income. (Not whether it is needed or used, but whether she has any.)

Whether they know those things or not, doesn't matter. They MUST follow the rules. It is what it is. I've said many times, that the year you sponsor an immigrant is not the year to maximize deductions. You can always file an amended return later. Doesn't work so well with joint sponsors though unless they know in far in advance they will be a sponsor. Rules are rules. The disadvantage of the self employed CAN shine brightly in immigration matters, but if their taxable income is sufficient, it's NO PROBLEM.

Definitely the petitioner's needs in terms of timing are irrelevant to the process. There are headlines about waiving interviews, but most don't read carefully enough to see that it is for SOME non-immigrant visa categories.

I disagree with that one statement, as to it's accuracy or relevance. Consular Officers are educated people. They know what they NEED to know about evaluating the Affidavit of Support, which, in this context, is that the current income of a self employed person comes from the total income number on the tax return or tax return transcript. They also are familiar with the schedule C, used to report revenue and subtract expenses, to produce the number that transfers to page 1 of the 1040. They understand "income" in this context is revenue minus business expenses. It's really pretty simple stuff. They know the rules and follow them. Most issues with the self employed stem from failing to understand the instructions for completing the affidavit of support, and/or what is considered to be their "income" for immigration related purposes. They are not allowed to "make allowances". They follow the rules.

What you "check" is the "total income" line on his persona/joint tax return. That is his current income and will be the income entered in the income tax section of the affidavit. Note that if a self employed person shows comfortably more income than required on their total income line, they are fine. In this context "income" is the taxable income after legitimate business expenses are deducted, NOT total business revenue.

Not sure what your brother has to do with this. Unless I'm missing something, he is just a dependent to be counted in the Joint Sponsor's household. I'll comment on the self employment issue. Being self employed is definitely acceptable and, of course, there is no W2. A little more complicated when joint sponsor is self employed and their spouse is employed, but the self employed are accepted when done correctly.

It is best practice for the joint sponsor's spouse to complete an I-864a even if they have no income or their income is not needed. Technically required, no. But, if a Consular Officer asks for it (commonly they do) then it becomes required and the visa is delayed as you get it, submit it and wait for it to be reviewed. You just tell the truth, and don't worry about what somebody might think about the truth. That applies to the current subject and any subject EVER in life.

What makes you think you will be filing y our petition DCF. That's only available under pre-approved special circumstances now.

Good advice already, but assuming her son will come with her, you'll need a CR1 visa and a CR2 visa. You'll file petitions for each of them.

From what you wrote, your wife does not qualify to live with you, so you will need other living arrangements before she comes. She is NOT a public charge until she IS. The visa decision is NOT about her BEING a public charge NOW, or on day one. It is about (Pay attention to every word and interpret it literally.) how likely it is she WILL BECOME a public charge once she's here. From the information you have given, it seems VERY likely, even though it would not be related to section 8 or SSI. That's the assistance YOU receive, but it is a very small part of the possible list of means tested benefits out there. Of course, you can all be housed temporarily with family members. You still need a REAL plan for how you and your wife will live and support your family. Nothing you wrote is "wrong". You are just pushing aside the real issues I'm bringing up, by interpreting my words in ways convenient to getting what you want, instead of interpreting them literally. Yes, IF IF IF your wife arrives before your second wedding anniversary, she will receive conditional LPR status. Has nothing to do with what we're talking about. She has to get the visa first.

And the Consular Officer making the visa decision knows all that.

To summarize, the Consular Officer will KNOW your wife's primary sponsor is and has long been a public charge. That's all on paper. They will also know your joint sponsor is not actually planning to support your wife. So, they will need a clear understanding of how she both CAN....and.....WILL support herself and/or how (immediately) the two of you will support the three of you. "She will look for a job." is not enough, in my opinion. Have you checked with the section 8 people there to see if they will even ALLOW your wife and daughter to live in your subsidized housing? If not, what is your plan? Does your wife KNOW that plan?

You on SSI and section 8 means you are already a public charge. The taxpayer is already your full support. NVC is not your hurdle. You have a qualified joint sponsor. It's the Consular Officer who makes the decision about how likely your wife is to become a public charge. Once she's here, she cannot be deported for being a public charge. If she is deemed likely to become a public charge, by the Consular Officer, the visa will be denied. Is this getting through to you now? Please interpret what I'm telling you LITERALLY, not simply in a way that is convenient for your agenda.

Changing joint sponsors will not really help, in my opinion. Having a more specific plan for supporting yourselves is what I think you need. You say, they will live with you. Do you have a place to live of your own, with only your SSI income to support that life, or are you living with family that is supporting you? All this is relevant. It's not that it's any of MY business or the business of the members here, except that we are trying to advise you, without knowing enough about your circumstances. What is the specific job your wife will be qualified for, looking for, and has reason to expect she will find upon arrival?

Does she have good work experience and skills? What is the housing plan? When I say totality of circumstances, that's exactly what I mean and what the Consular Officer will be evaluating. If you are looking for information that disagrees with what I'm telling you, you are wasting your time and effort.

Your "document" list looks complete as long as it includes any necessary certified translations. But, you need plenty of evidence of time spent together in person, and to file THAT.....WITH the forms and documents.

You are correct. With regard to questions at interview, they can ask ANYTHING. Always answer with the truth.

You are completely ignoring what I told you about the decision making process. It is NOT just a matter of her qualifying on paper. She does. That's not the issue. The Consular Officer needs to be convinced YOUR WIFE will not become a public charge. Your niece is not going to be your mean of support. When the Consular Officer asks your wife, how the three of you will actually be supported, what will her answer be?

Resident is "legally residing". Sounds like Georgia for this case, as he is authorized to live there, not just a visitor.