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Everything posted by pushbrk
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CR1 Thailand to USA
pushbrk replied to KeithJess's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Web form IS glitch, confusing, AND has incomplete instructions. Using Priority Mail, things are rarely lost. Put passport photos in ziplock bags and staple bag to full sheet of paper, and it's very difficult to "lose" anything. -
IR2 Timelines
pushbrk replied to Mark&Joyce's topic in Bringing Family Members of US Citizens to America
About a year to approve the I-130 petition has been normal the last couple years. An approved petition opens the door to APPLY FOR a CR2 visa. -
It's a stock message sent anytime the most recent tax return doesn't show qualifying total income. My advice is to ignore the message unless the spouse is coming from India. Key words in the message are that the Consular Officer will make the decision. Definitely have the 2022 tax return in hand at interview, and a recent pay stub to show the employment is ongoing.
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IR1 visa - DS260 affidavit of support
pushbrk replied to Mattmc1986's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Husband's UK income would only count if it will continue from the same source once in the USA. (Like a job transfer) I-864a is not applicable in your case. You'll need a joint sponsor, or qualify using liquid assets at $3 in liquid assets to replace $1 in income shortfall. Yes, self employed is a bit more complicated, but if they qualify, they qualify. -
Received 1 RFE and a Case RE
pushbrk replied to ShafB's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Don't confuse your interview date with your visa issue date. For a Pakistani male, those two dates could be a year or more apart. I don't know what the wait is for an interview, but it is a few months to a year or more AFTER the interview, before you'll have a visa. Sounds like you'll DQ without a joint sponsor. Anytime after that, I would "replace" your joint sponsor with a new one that qualifies without complications. -
Received 1 RFE and a Case RE
pushbrk replied to ShafB's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
You don't need permission to ask. It's a little late though. What would have worked would be to file without those deductions, then amend to add them, AFTER the affidavit of support is submitted. However, you are at least a year from having a visa, maybe much longer. It is quite possible they'll want an updated affidavit of support after your AP. Better to find a different joint sponsor. -
Exactly. That's why context is King in discussion this subject matter. It is also a reminder to pay attention to all the words in sentences. Nonimmigrant does not mean immigrant, for example.
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Received 1 RFE and a Case RE
pushbrk replied to ShafB's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
3 is the answer. He doesn't qualify. For any self employed person, their relevant "current income" comes from the "total income" line. -
Received 1 RFE and a Case RE
pushbrk replied to ShafB's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
I understand what you mean, but you've used the wrong terminology. For the self employed, "income" equals revenue minus expenses. It's not "income" in this context until it appears on the total income line of the 1040. Yes, they will need a qualified joint sponsor, with actual qualifying income, not just qualifying gross business revenue. -
Proof of relations to Stepchild
pushbrk replied to Tarisus517's topic in Bringing Family Members of US Citizens to America
Gong Zheng Chu. I would have told you that already if your profile said China or if you had even mentioned it. The best advice comes when we have the necessary details. -
cr1 Police clearance/ Criminal Record
pushbrk replied to MrsRaj's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
More accurately, during the interview, the Consular Officer will determine whether you get a visa. I doubt this issue will cause a denial.- 19 replies
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That might be more complicated than you make it sound. When the time comes, you'll use a pay stub to calculate and document your current income. It will likely show your YTD income, which is not particularly relevant. This pay stub is likely to be from sometime in 2024. Exactly how to calculate is easy for a full time employee, but not as easy when your hours are irregular.
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You seem to be having a problem with tenses. For an employed person, current income (present tense) does not come from a tax return. Tax returns are about the past. You provide no financial information or documentation when filing the petition. Your affidavit of support will be provided at the NVC stage and may need to be updated between that time and the visa interview. It asks for information from the past, (tax returns) and asks about current income. Current income is calculated using a pay stub. If at that time, you are making $300 a week, your current income is 300 X 52 or 15,600, so you would need a joint sponsor. A letter from your employer saying what you will make once you return, is "future tense" not "current income."
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I can confirm the petitioner must show either US domicile or their clear intent to re-establish US Domicile. Lots of discussion about it but the real source is the I-864 instructions. Seems it's time to become an A-Student of that document.