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Everything posted by pushbrk
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Think in terms of the truth, so $0 Niece calculates her current income as the gross for a full pay period (on her pay stub) times the number of pay periods in a full year. 1k a week is 50k. Last year is not "current". Again, tell the truth. Think of what the truth is and then tell it. If you start a job today after X time unemployed, your "current income" is calculated the same way. It's not THIS year. It's "for the next 12 months".
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Include the SSI or don't. It doesn't change your qualification, but does provide some facts. You've already indicated your unemployed or disabled status on your petition. The Consular Officer is still going to consider how you and your family are going to be supported. Your wife will need to clearly explain that at interview. Her current employability is what is going to matter most. Are you now living with family? Is that also your plan when your family is together?
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Something like 12 months, yes. That's kind of the current average time from petition submission to petition approval NO. I told you already, you can document and calculate current income from ONE pay stub. Longer is better, in this context though. Yes
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Yes, you have a household of three, but your niece has herself, and your wife plus any husband or children of hers. You and your daughter are NOT part of her household. You have not addressed your wife's potential employment. This is critical to your ultimate success, as nobody is actually expecting your niece to be supporting your family.
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Eventually, yes. That is considered self employment. Let's say you start now. You will have ZERO income until you file your next tax return next year. At that time, your "current income" will be what that tax return shows on the "total income" line. At best, it will represent only half a year. Get a W2 job now and once you have a pay stub for a full pay period, you can calculate and document your current income. 1k a week is 52k a year. Yes, really. Yes, I'm sure.
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Yes You can state the monthly times 12 there The form will automatically populate that field Yes Yes, to 1 and 2. Consular Officers and NVC understand your SSI is not taxable, and not actually considered. Nothing wrong with stating it, but it will not help. You must also understand that the Consular Officer's decision is about how likely it is your wife will become a public charge. It is not just about whether your niece qualifies on paper. They are trained to consider "the totality of circumstance" which is going to include your wife's employability and ability to support HERSELF. They will want to know your plan for how the two of you will sustain yourselves without her receiving means tested benefits. You joint sponsor needs to know this too, because she's signing a contract obligating HER to repay the taxpayers for any of those benefits. This contract does not have a clear expiration date. Yes, there are ways for the obligation to expire, but there is no guarantee, any of those things will happen, potentially obligating the joint sponsor for the rest of their life. You say you have a special need for your wife to be with you. If that need means she won't be working, you'll be facing a potential denial, no matter what your niece's circumstances are.
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Current income matters most. Past income information is required for 3 most recent tax years. Yes it matters whether you are employed or self employed (1099). Self employment income does not count at all, until it appears on a tax return. Employment income can be documented with and calculated from ONE pay stub for a full pay period. In your situation, unless you have sufficient liquid assets to be comfortably over the minimum, you will need "employment" (W2) or a qualified joint sponsor. Right now is not too soon to download and start becoming an A-Student of the I-864 and its separate instructions.
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I just typed this in another response, because words mean things. "Read carefully, interpret literally, and respond accurately." Maybe I wasn't clear. I meant for you to obtain the official police report you will actually need at NVC stage, not check her police records. It's not the same thing. Find instructions here. https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html
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- juvenile record
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RFE Dutch marriage certificate
pushbrk replied to mapi's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
The final paragraph makes things very clear. Was there not also an address provided? You see, the cover sheet is how they get your response to the actual person that has your file. Send your response by priority mail to the address provided. Always read carefully, interpret literally (Send means send, not upload) (On top of does not mean in addition to.) and respond accurately. -
RFE Dutch marriage certificate
pushbrk replied to mapi's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Your description is your vague interpretation of what you read. An educated opinion requires access to the exact complete text, minus the personal information. -
RFE Dutch marriage certificate
pushbrk replied to mapi's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Follow the exact instructions you were given. Of course the cover sheet is mandatory. -
Those are not different scenarios. I recommended getting the report, so you'll know if it's there or not.
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RFE Dutch marriage certificate
pushbrk replied to mapi's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
In this case, no need to actually translate anything. It's already translated properly. Use their work and if you are fluent in both Dutch and English, certify the translation. -
For peace of mind, I would get the appropriate police report needed at NVC stage. (the actual required report) You can get that now. If it's clean, it's clean. If it's not, it's not. Get it again later so it is current.
- 15 replies
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- juvenile record
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(and 1 more)
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RFE Dutch marriage certificate
pushbrk replied to mapi's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Note that a translator's certification is not attached to the translation. It is part of the translated document. Translations should be formatted as closely to the original as possible. You are not translating just "words". It's a document.