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Everything posted by pushbrk
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DQ'd But Insufficient Income Issue
pushbrk replied to Ben Dover's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
I agree and would add that you certainly can delay the interview, or if there's a financial issue at interview, you can respond afterwards with that new tax return. My advice is to simply ignore the notice and proceed. Make sure the spouse has a copy of a recent pay stub in hand for the interview. -
Withdraw application (Urgent help)
pushbrk replied to mister-love's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
No longer being married to the first spouse guarantees the visa won't be issued, but the discussion here is about the steps to withdraw from one process followed by starting another. USCIS doesn't issue visas. One does not need a translated divorce decree to end a spouse visa process. You can withdraw as petitioner sponsor for any reason. Presumably the divorce decree issue came up in the withdrawal process because the divorce was the reason given for withdrawing from the first visa process. Since the divorce decree with English translation if not in English will be needed to file a petition for the (evidently intended) next spouse, getting it now makes sense. No, nothing "automatic" happens to the first petition because a second is filed. Filing a second petition for a new spouse without withdrawing the current petition will just open a can of worms to complicate both. It's ok to withdraw through NVC, but withdrawing with USCIS is simple and kills both birds with one stone. Withdraw first, then file any subsequent petition, with all applicable divorce decrees being required for any I-130 filing for a spouse. -
Full Middle name Missing on Green Card
pushbrk replied to gmf3000's topic in General Immigration-Related Discussion
No -
Full Middle name Missing on Green Card
pushbrk replied to gmf3000's topic in General Immigration-Related Discussion
Full name. I said "total characters". -
Full Middle name Missing on Green Card
pushbrk replied to gmf3000's topic in General Immigration-Related Discussion
Most likely, too long to fit. The limit is 30 total characters which would include spaces. -
Withdraw application (Urgent help)
pushbrk replied to mister-love's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Do both. Actually, if you withdraw through USCIS and do nothing more with NVC, the case will not proceed. -
I would do nothing until all three cases are at NVC.
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I-864/I-864A Income Question
pushbrk replied to trucphong's topic in Bringing Family Members of US Citizens to America
The entries for total income from tax returns are what they are. Enter the number you see. Deal with your current personal income completely separately. Become an A-Student of those form instructions where this is made clear. -
Considering Online Marriage
pushbrk replied to artsa22x's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
You can file the I-130 using the married name, as soon as you have evidence of consummation. Do the ROM with Philippine Consuulate in San Francisco, as soon as you have the documents they require. The name change, new passport etc. are neede before the pre-interview in Manila. There's plenty of time to get it done. No actual name change until PSA processes their end after the ROM is done, but you can still file using the name she intends to use going forward. -
Some i864A questions
pushbrk replied to BeefedRamen's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Yes. One from you and one from your mother, the joint sponsor. -
Some i864A questions
pushbrk replied to BeefedRamen's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Give an accurate a retirement date as possible. No worry about the name change. However, if your mother has enough income to qualify on her own to sponsor you, it is best practice for her to use the I-864 and be a joint sponsor, instead of combining her income with yours as a household member. When she does that, her husband should provide an I-864a. This is not just a "form" showing financial qualifications. It's primarily a contract between the sponsor and the US Government. When a married couple files a joint tax return, they expect both to sign the contract. You'll provide your own affidavit of support as the primary sponsor, no matter what your income of financial situation is. -
The "word" Guides. LOL
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This is a complicated process that depends on information YOU and your spouse provide to any professional helping you. Start by clicking on the work "Guides" at the top of any page here, then become an A-Student of the I-130 and its separate instructions document. If you think you need professional help after doing that, you are probably right. Start here. https://www.visajourney.com/partners/
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Great. Why do you think you need a lawyer?
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You may or may not need a lawyer, but in today's world, the help you need doesn't depend on the location of the person helping. You say "husband". Are you already married?
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Baby born after I-130 application was filed
pushbrk replied to matea's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Those, including me, who are saying, "It won't hurt...." are correct. The answers to your questions above are NO. -
Help Needed: I-864 or I-864a
pushbrk replied to Dylan_Mateo's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Financial issues and forms are not dealt with until a year or so after filing the I-130. If you are not married yet, you have lots of time to prepare. Start by becoming an A-Student of the I-130 and its instructions. (An excellent separate PDF to download and study) The same goes for the I-864 you will complete based on current facts at the time. You have plenty of time to do the homework, and plenty of time for your circumstances to change, which would change the answers to your questions above. -
Not a visa case so you would be adjusting status. Yes, the passport photos from both are needed if you are in the USA. The prison will not "provide" his passport photo, but you would need to make arrangements for how to obtain one. Perhaps you can take the photo during a visit and do the cropping and printing yourself or have get help with that. You need both I-130 and I-485 to accomplish staying in the USA. You cannot complete the process while he is incarcerated because it ends with a joint interview at a local USCIS office. You can start now but not finish while he's incarcerated.
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Baby born after I-130 application was filed
pushbrk replied to matea's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
What to do is not a democracy based on how many opinions you here. Get the CRBA, then mention the child in the I-864 and DS260 at NVC stage of the process. Adding the CRBA as unsolicited evidence can't hurt, but the CRBA is stronger evidence than the birth certificate alone. -
CR1 Case DQ'd. Questions about Taxes.
pushbrk replied to BeefedRamen's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
That the OP has not returned to comment, is quite telling. -
Considering Online Marriage
pushbrk replied to artsa22x's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Losing context is where people get confused. -
To be clear, you cannot adjust status from outside the USA. Marrying and going back to Canada is just fine, but you would be pursuing an immigrant visa, not adjusting status. The process starts when the US Citizen files a petition in your behalf. When that petition is approved, you are invited to apply for a visa. The visa decision is made after you interview in Montreal. Click on the word Guides at the top of any page here, and get your intended spouse involved in the homework.
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Considering Online Marriage
pushbrk replied to artsa22x's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Completely different and irrelevant context. You took the K1 route, so were not married until after your spouse arrived in the USA. We are discussing proxy marriage followed by pursuing a spouse visa to be issued in Manila. Completely different process and considerations. -
Start by becoming an A-Student of the I-864 instructions, then read every question carefully. Your current income is going to be zero. This is very clear when you answer the actual question asked. It asks about the current income "you are using to qualify....". When you can't use your income to qualify because it won't continue, then you are "using" zero.
