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pushbrk

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Everything posted by pushbrk

  1. In my twenty years here, I've never seen filing as single be an issue in the visa process. Many do exactly that, then amend their return after their spouse arrives and is assigned a Social Security number. In reality, NVC won't care at all, and the Consular Officer doesn't either. Just have your spouse explain, they don't have an SS number and you'll amend the returns after she arrives. Works every time it is tried. Unless you are an IRS employee, this is a non-issue, and if you were, you would have done it correctly. For rank and file taxpayers, there is no penalty for overpayment of taxes. That's the result of your filing choice. A later choice to amend, will cancel out the overpayment.
  2. Exibiting such an attitude in your response, would be counterproductive.
  3. In my 20 years dealing with USCIS related issues, I've learned the difference between primary and secondary relationship evidence. I did not suggest USCIS will contact a utility company. If you secured a joint mortgage, that's easy to document and it's dated. The other primary evidence I suggested is also dated. Don't try to contrive anything. They would see right through that, and its not going to help.
  4. Stick to real evidence. Yes, they can detect contrived evidence. Compare what primary evidence you could have sent to what you did send,and provide it. Primary evidence is passport stamps and boarding passes for visits, your actual joint mortgage paperwork and similar. Photos together during those visits are also good but they are secondary. Send them.
  5. You don't say if you were asked to submit one. If you were, it's because you checked the box saying the name of a location in the USA where your spouse would adjust status, instead of or in addition to applying for a visa at a Consulate abroad. It's a fairly common mistake and adds close to a year to your overall timeline.
  6. This is definitely a new thing for me. Maybe it's a new policy they are following in the case of having both petitions. If so, it's a good thing, particularly if they will approve the I-129f in specific cases where the K3 visa is actually preferred. This happens when the immigrating spouse really doesn't want to maintain permanent residency in the USA yet. Not the visa is not REALLY "obsolete". It is on the books and part of law, but it is processing policy that has rendered the K3 visa "virtually obsolete". Now if there no wish to actually obtain and use the K3, and the adjudicator who called goes ahead and approves the I-130 now, then filing the second petition did as hoped as far as the timeline is concerned.
  7. OK, so what did you already send, and what from the list can you add to that? It seems you should have plenty of evidence, but you did not include much of it in your petition. What you say you have, should be enough. Send it. Your trips to see each other and the joint mortgage are key. I guess they haven't seen any of that yet.
  8. A notice of intent usually gives you the opportunity to respond. What did they suggest you do?
  9. No, your spouse does not need a wet signature. As scan of the same signed form you upload will do. Yes, I would remove the joint sponsor.
  10. Advice still stands. Pay stubs show current pay period and year to date. A stack of additional pay stubs adds no useful information.
  11. Your hopes for an EAD are irrelevant to sponsorship. Like I said, one is enough at this time of year as it will show year to date income. If you're providing a pay stub early in the year, add the last one from December that shows the whole prior year's income.
  12. Modern pay stubs show year to date income. Typically, one is enough unless it's very early in the year.
  13. 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.
  14. 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.
  15. Full name. I said "total characters".
  16. Most likely, too long to fit. The limit is 30 total characters which would include spaces.
  17. Do both. Actually, if you withdraw through USCIS and do nothing more with NVC, the case will not proceed.
  18. I would do nothing until all three cases are at NVC.
  19. 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.
  20. 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.
  21. Yes. One from you and one from your mother, the joint sponsor.
  22. 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.
  23. The "word" Guides. LOL
  24. 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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