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pushbrk

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Everything posted by pushbrk

  1. Yes, the I-130. Start by becoming an A-Student of the form and its instructions. Follow this guide.
  2. ESTA does not apply to Pakistanis. Are you the US Citizen or the Pakistani spouse? Anyway, it's visa fraud to enter on ESTA or any non-immigrant visa, with the intention to adjust status.
  3. Yes, you need the spouse's pay stubs. The numbers you enter in 6 and 10 will automatically be totaled by the form in line 20.
  4. A decent chance, yes. All you can do is try and you'll find out. You did take out the name of your "attendance" provider. If the name removed is that of your current spouse, then the letter is a lie, as she is not in the USA. If you are also outside the USA and she IS taking care of you, she can continue until she gets her visa without expedite. If it is somebody else in that role, what's the hurry to replace her? This is not clear from what you posted.
  5. Be sure to answer the question about where the beneficiary will adjust status, as NOT APPLICABLE and enter the Consulate location as the answer to the next question.
  6. If you got a paper notice by mail, that's it. Not really important, as the notice will say the case has been sent to NVC.
  7. If you filed for the spouse of a US Citizen, then the "years" part of the notice does not apply to you. A visa is considered to be "immediately available" for a qualifying immediate relative of a US Citizen. Spouse, step children, and parents qualify. Just ignore it.
  8. That's my initial impression but it is not a normal part of an immediate relative I-130 receipt notice. At least not on the front side. I would call USCIS and inquire. Get any necessary corrections made.
  9. This is the way to go. Delay spouse case at NVC, but you can actually delay more than a year, depending on what is already done. It's a year between each NVC action/communication from the petitioner. Certainly try an expedite, but if you want them to come together, you'll need to delay the spouse case at NVC.
  10. Your plan is good. Note the instruction that appears between 45 and 46a. If the beneficiary has already left the USA, you do not answer those questions, but you pick it up at 47.
  11. Provide more details of the circumstances, like ages of the kids now and when the I-130 was filed. This is probably not a do it yourself thing at this point, but you could ask for an explanation. Get your senior US Senator's local office involved immediately.
  12. Correct. Just as with the K1 process, the CR1 process begins with the US Citizen filing a petition. There is no k1 visa to cancel unless it has already been issued. Don't go to the interview. You can also notify the Consulate you do not intend to proceed with the visa process.
  13. This is a common occurrence, and not really an issue. Explaining the discrepancy is a good idea. It sure won't hurt.
  14. Make your "totality of circumstances" look the best you can. If your income is not enough to qualify, and you have meaningful liquid assets, declare them and document them. Same goes for the Joint sponsor. If somebody has plenty of liquid assets, there's no reason to get appraisals and other documentation for real estate or other non-liquid assets. 401k assets are meaningful but their value will be cut nearly in half, in the Consular Officer's evaluation, because of penalties and taxes involved in liquidating early.
  15. NVC only warns when the latest tax return doesn't show enough income. In this case, it does. This petitioner has well qualified income from 2022, that can be documented with a current pay stub. No need to subject a relative or friend to disclosing and documenting their private and financial information and signing a daunting contract.
  16. Any, but a utility bill would be ideal.
  17. No, it is not. Include the spouse's income on both, so both totals match the tax return. Get out of your head any thoughts about whose income you are "using". Even if either one qualifies on their own, the Consular Officer almost always wants the I-864a because it's a "contract" even more than being evidence the sponsor qualifies. It's a joint obligation, so no reason or way to exclude one of them from the obligation but simply not stating their income on one of the forms.
  18. It is always the best practice to provide an I-864a from the joint sponsors joint tax filing spouse. OP, should disregard the above. Bad advice.
  19. The I-864 instructions are clear about providing a complete tax return including W2 and 1099 forms. That's all the supporting evidence you need. Just follow the instructions.
  20. That's my advice too. Make the request to Frankfort.
  21. I clarified the rules applicable to the stated circumstances. The rules vary with the circumstances.
  22. Your statement is clear but not correct under the circumstances. She's already here. If circumstances change, she can adjust status. The applicable differentiating fact has to do with her intent when she entered. No, you cannot enter as a visitor with the intent to immigrate. She is HERE already.
  23. Yes, and handcuffing the members here trying to help, by concealing your current country of residence and her country of citizenship, both of which are HIGLY RELEVENT.
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