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pushbrk

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Everything posted by pushbrk

  1. pushbrk
    It doesn't matter how it "seems" to anybody. It must be obtained exactly as instructed.
  2. pushbrk
    No problem. Just use the new name from NVC going forward. If you knew the firm intention to make the change, you could have filed in the married name, even if the change was not complete yet.
  3. pushbrk
    It is absolutely necessary, unless actually not available. See how and what here. https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Romania.html
  4. pushbrk
    Maybe a typo but "online" meeting doesn't count. In person time between the Utah proxy marriage date and the petition filing date is what is required. You do not need to show you cohabitated. His passport stamps entering and exiting the Philippines is all the "consummation" evidence needed, but it is absolutely required.
  5. pushbrk
    Then she should take the most recent pay stub for a full pay period. If asked, she can just say you're starting a new job today. Don't expect an issue. It's OK to change jobs.
  6. pushbrk
    Then just have the spouse take a current pay stub from the new job to the interview. I would skip the offer letter, if it contains the word "temporary".
  7. pushbrk
    Is the new job a W2 employee job or will you be a self employed "contractor"? That's what makes the difference. Note that the time to ask this question is before you make the change.
  8. pushbrk
    Ask in the applicable regional forum.
  9. pushbrk
    Yes, it's possible. Notify NVC of the intention, once the petition is approved and transferred there.
  10. pushbrk
    Get married when and where you want, then do the spouse visa. From Mexico, it will take a couple years. If she doesn't abuse the visa, but staying too long or spending more time in the USA than out, she should be able to visit. Unfortunately, the USA does not have "I want to" visas related to immigration. You must choose from the available paths. That what the lawyer proposes has been happening regularly for years, does not make it right. Adjusting status as the lawyer proposes, has it's drawbacks too. She'll be stuck in the USA from entry plus close to a year, without the ability to come and go, or work and will lose her B2 visa as well.
  11. pushbrk
    Correct.
  12. pushbrk
    The FEIE exists because foreign income presumably is taxed in the country where it is earned. A W2 US employee isn't earning that income as foreign income.
  13. pushbrk
    I also said I'm not a tax expert. I'll defer to those who are. But, it just seems counterintuitive that a W2 employee of a US Company, can take the FEIE just because they don't live in the USA.
  14. pushbrk
    Sometimes they do ask. The year you sponsor an immigrant is not the year to delay filing your tax return. If she cannot file it before the interview, then you should have with you, her W2 form and a recent pay stub, as evidence she still has the same job.
  15. pushbrk
    Not really a tax expert, but if you work for a US Company and get a W2 form, I doubt it's proper to take the FEIE to begin with. But yes, this will reduce your qualifying sponsor income to whatever is left over on the "total income" line of your 1040. If you have an offer letter that shows you will return to the same company in the USA, then you can state your "current income" as what is stated on that offer letter, and should be ok.
  16. pushbrk
    Knowing the country would help us answer that question. Unless it's in the Middle East, probably just a few weeks.
  17. pushbrk
    Those will not be returned. A careful read of the instructions told you to send copies.
  18. pushbrk
    Just actual evidence you live together should be sufficient. What do you have to document you live at the same address?
  19. pushbrk
    I'm confused. You would take original documents plus photocopies of them to the interview. Normally, they are handed back to you and they just keep the photocopies. If you only had the originals with you, don't expect them back.
  20. pushbrk
    I would expect a positive result. Looks like you got a junior officer who wasn't qualified to make the decision on their own.
  21. pushbrk
    Your active duty deployment is an acceptable reason for an expedite.
  22. pushbrk
    The I-130 is not a visa application. It's your petition in her behalf. Having a ban in place does not cause the petition to be denied. Just keep the case active at the National Visa Center by contacting them once a year, until it's time to move forward.
  23. pushbrk
    Your case is not taking a long time because of any "investigation". It's just sitting in a queue, waiting for a human to spend less than an average of 30 minutes with it before approving, sending an RFE, or denying. You file an I-130 into a black hole and wait. Then you deal with NVC and wait for an available interview appointment. Having the proper expectations allows you to be prepared, and more relaxed as you wait.
  24. pushbrk
    Not required but will do no harm. Like I said, the US Citizen's birth certificate is one way to verify citizenship. If the petitioner has a "Certificate of US Citizenship" they were NOT born in the USA.
  25. pushbrk
    I thought I was very clear the Massachusetts requirements are irrelevant in this context. US Immigration only cares about federal tax returns. What you do for the State of Massachusetts is irrelevant in this discussion.
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