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Everything posted by pushbrk
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Yes, typically there is a difference between how Dept. of State and USCIS deal with this. However, neither is totally consistent. Any real reason for not including the I-864a, like the wife refuses, would also be reason not to accept just the husband. Remember, the affidavit of support is not just about demonstrating somebody qualifies. It's first and foremost, a contract. MFJ sponsors are wise to have both sign, as it is a joint obligation.
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If using a joint sponsor obligated nobody, and finding a willing, qualified joint sponsor was as easy as finding Mexican Food in Southern California, I would agree with that solution. Circumstances and priorities matter.
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Not sure exactly what any text message said, but in reality, your case is in a queue to be processed. In a year or so, a human will spend less than 30 minutes "adjudicating" your case.
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Yes, and it's highly beneficial for tax purposes when working remotely. The downside is ever dollar of tax deduction taken advantage of, reduces total income by the same dollar. Often this hurts sponsorship qualification. But I will mention again for any reader. It only matters how the USA sees his situation. A "contractor" is NOT an employee. That doesn't mean his income won't work, because the revenue will continue from the same source. It's just a bit more complicated to document.
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It doesn't matter whether his country, Brazil, considers him an employee. It matters how the USA categorizes him. He IS self employed, as far as the USA is concerned. Now, if he had an offer of actual employment, instead of contract work from the SAME COMPANY he contracts for now, that would save the day.
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A foreign contract worker for a US Company would not be considered an employee, as not federal income tax or Social Security are withheld. They would be "self employed". The same is true if not a foreigner and working as "contractor" in the USA. No withholding. They pay directly through their tax returns.
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I concur, but by usual definition, a contractor is self employed, and receives "business revenue" which is not "income" until it appears on a tax return, minus business expenses. Assets and income are not the same thing. You need three times the income requirement in liquid assets to qualify. If you have those, that works. Better to get a job in the interim though.
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US Spouse Visa, Juvenile Criminal Records
pushbrk replied to MD Essex's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
This issue will not come up until after the petition is filed and approved. You will then submit a UK police report which will or will not show these offences. Nevertheless, you must disclose them as a part of your actual visa application submitted at that stage. It's going to be a judgment call, but US Consular Officers will know your age at the time and how long ago that was. -
If you want to know, post the actual response minus the identifying information. When you get a very quick response, it's usually not from a person who looked at what you wrote/submitted. You were not required to explain why you had no income. If you are explaining why you did not file tax returns, that's a different subject. If you did not file tax returns for any of the past three years, there's a simple box to check on the affidavit of support for that. Did you check that box? Words mean things here. For clarity, use the ones you see on the forms.
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Get "We don't want" from your mind. It is very likely, the Consulate will insist on the I-864a from the joint filing spouse. Sending something else won't help. If they insist, the visa will not be issued until they receive the I-864a. The affidavit of support is not just about showing a sponsor is qualified. It's a contract. They want the joint filing spouse's signature on the contract, as it is a joint obligation.
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visa appointment website question
pushbrk replied to ChadW's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
If so, they are all "principal applicants" except perhaps the VAC interview. This is why details are so important. -
The year you sponsor an immigrant is not the year to delay your tax filing. Yes, upload your complete federal tax return and any applicable W2 or 1099 forms. If employed, upload a current pay stub too. The foreign spouse should at least have a copy of the current pay stub in hand for the interview. That's how they know you STILL qualify.
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Staying longer than intended is not an issue. He gets six months. It doesn't sound to me like he has intentions to adjust status, but I will correct an earlier poster by saying that "future intent" to immigrate is not an issue. If it was, he wouldn't have been admitted. When intent or need changes after entry, that's ok. It happens often for lots of reason, including something as simple as deciding you are tired of being apart.
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Ignore expiration dates printed on forms. That's not the form expiring. It's a comment period that expires. Instead, check which issue date to use. Edition Date 03/09/23. If the civil surgeon signs your form on or after May 31, 2023, you must use the 03/09/23 edition. You can find the edition date at the bottom of the page on the form and instructions. Dates are listed in mm/dd/yy format. If you complete and print this form to mail it, make sure that the form edition date and page numbers are visible at the bottom of all pages and that all pages are from the same form edition. If any of the form’s pages are missing or are from a different form edition, we may reject your form. If you need help downloading and printing forms, read our instructions.
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visa appointment website question
pushbrk replied to ChadW's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Just make three separate appointments, but if you went through NVC, it is NVC who schedules the interview appointments. What exactly are YOU trying to schedule?