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pushbrk

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Everything posted by pushbrk

  1. But, it is CLEARLY NOT "up to the kid to decide", because the bio dad hold custody. Filing separately means their cases will be processed separately through USCIS. How far apart can mean that the kid must be left behind for at least some time. You've already said she's ok with "whatever the kid decides" combined with "bio dad is holding the custody" so you have your answer already. Do as your wish.
  2. If you want them to interview together, then file together. Your WIFE needs to decide whether she is willing to leave her daughter behind or not. If NOT, then you need to resolve the issue before filing anything.
  3. Use the higher earning parent as joint sponsor and the other parent as the joint sponsor's household member. YOU are the primary sponsor with your own separate affidavit. Your parent(s) don't need to combine income with you to qualify.
  4. That's why you resolve that issue first. Is your wife really willing to come without her daughter. These things happen. Often the other parent wants a bribe. Giving permission to immigrate to the USA, often means the parent may never see their child again.
  5. Their cases would proceed separately. Better to file together. If that mean waiting a month for both, so be it.
  6. Of course, it's possible. Whether it is practical or not depends on a lot of things though. First, your marriage must be before the daughter is 18. Then, separate processes at different times, will mean the daughter will be left behind for some period of time.
  7. Your wife IS sponsored in this affidavit. You're counted her twice. Count her only as the sponsored immigrant, not again as your wife.
  8. Exactly, like a detailed transfer offer.
  9. What any sensible human would consider "active review" takes an average of 20 to 30 minutes. USCIS active review status just means it's in a queue to be reviewed. Congratulations.
  10. Advance Parole usually takes 6 to 9 months, not two years. The two year fallacy is just a common misinterpretation, I've been seeing as long as I've been around US Immigration. (Since 2005)
  11. It's neither safer or necessary. If your income will continue from the same source once in the USA, and it is enough to qualify, they won't accept a joint sponsor anyway. A joint sponsor will not take away the need to show clearly that you intend to re-establish domicile in the USA. Many discussions about the domicile issue here, but it is fairly simple to deal with. Lots of false information out there and sometimes here too. The difference is that here, somebody will come along and correct the false information or faulty advice.
  12. One pay slip is enough evidence of current income. Six months is an "artifact" from decades ago. Birth certificate OR passport. Both are not needed. You'll need information from three tax returns but only the latest is required to be provided. For the joint sponsor, you need evidence the are actually living in the USA. A utility bill in their name is preferred.
  13. Absences of more than six months can be problematic but in this circumstance, I would only worry about being back by about the 21 month mark, or gone less than a year.
  14. She can go. Does she have the physical green card yet?
  15. There is actually no situation where the immigrant must stay for two years. It doesn't apply to K1 visa people either. The idea the immigrant must stay for two years is totally false. Conditional green card holders have the same travel privileges for in and out of the USA as any other green card. There IS an issue though. Leaving for two long or permanently can cause the immigrant to lose their resident status. When conditions have not been removed yet, they do need to RETURN to the USA to remove conditions or potentially lose their status. So, the issue is not "leaving". It's how long they will be gone.
  16. The certificate from Cambodia is not available to former residents, so not required. Start any time to get the one from China. It won't expire because you don't live there anymore.
  17. If you submitted a copy of a tax return, you must submit all pages and schedules, plus any W2 or 1099 forms. This is clear in the I-864 instructions.
  18. Sounds like you've got a handle on it now. When it comes to household goods. I would advise only moving the things that are important to you. Moving furniture halfway around the world is more expensive than buying new.
  19. Only the petitioner can withdraw the petition. Only the visa applicant can withdraw their application. Whether it impacts anybody's future would depend on the reason. What's the real issue/intent here?
  20. A year from each time you upload or directly contact NVC.
  21. Driver license, and utility bill for domicile. If you did not already submit, you'll need evidence of citizenship or green card too.
  22. Your joint sponsor's current income is zero. The information in the tax section of the I-864a should match the I-864. This is clear in the instructions.
  23. Sounds good. I would have advised consulting the CPA for how to best explain and document the personal income.
  24. This is correct, but it would be good to have a frank discussion about the permission or custody before filing. I doubt the mother will be willing to come to the USA without her child. You don't have to resolve it before filing, but you should have a workable plan first.
  25. Then you were given a Naturalization Certificate. If it's lost, just say so. To bring step children, either full custody or other parent's permission is required per international child trafficking laws. Go to court or get permission.
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