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pushbrk

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Everything posted by pushbrk

  1. pushbrk
    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/
  2. pushbrk
    Great. Why do you think you need a lawyer?
  3. pushbrk
    You may or may not need a lawyer, but in today's world, the help you need doesn't depend on the location of the person helping. You say "husband". Are you already married?
  4. pushbrk
    Those, including me, who are saying, "It won't hurt...." are correct. The answers to your questions above are NO.
  5. pushbrk
    Financial issues and forms are not dealt with until a year or so after filing the I-130. If you are not married yet, you have lots of time to prepare. Start by becoming an A-Student of the I-130 and its instructions. (An excellent separate PDF to download and study) The same goes for the I-864 you will complete based on current facts at the time. You have plenty of time to do the homework, and plenty of time for your circumstances to change, which would change the answers to your questions above.
  6. pushbrk
    Not a visa case so you would be adjusting status. Yes, the passport photos from both are needed if you are in the USA. The prison will not "provide" his passport photo, but you would need to make arrangements for how to obtain one. Perhaps you can take the photo during a visit and do the cropping and printing yourself or have get help with that. You need both I-130 and I-485 to accomplish staying in the USA. You cannot complete the process while he is incarcerated because it ends with a joint interview at a local USCIS office. You can start now but not finish while he's incarcerated.
  7. pushbrk
    What to do is not a democracy based on how many opinions you here. Get the CRBA, then mention the child in the I-864 and DS260 at NVC stage of the process. Adding the CRBA as unsolicited evidence can't hurt, but the CRBA is stronger evidence than the birth certificate alone.
  8. pushbrk
    That the OP has not returned to comment, is quite telling.
  9. pushbrk
    Losing context is where people get confused.
  10. pushbrk
    To be clear, you cannot adjust status from outside the USA. Marrying and going back to Canada is just fine, but you would be pursuing an immigrant visa, not adjusting status. The process starts when the US Citizen files a petition in your behalf. When that petition is approved, you are invited to apply for a visa. The visa decision is made after you interview in Montreal. Click on the word Guides at the top of any page here, and get your intended spouse involved in the homework.
  11. pushbrk
    Completely different and irrelevant context. You took the K1 route, so were not married until after your spouse arrived in the USA. We are discussing proxy marriage followed by pursuing a spouse visa to be issued in Manila. Completely different process and considerations.
  12. pushbrk
    Start by becoming an A-Student of the I-864 instructions, then read every question carefully. Your current income is going to be zero. This is very clear when you answer the actual question asked. It asks about the current income "you are using to qualify....". When you can't use your income to qualify because it won't continue, then you are "using" zero.
  13. pushbrk
    As a long term self employed person myself, I tend to agree with the part I bolded above. I've often advised people here that the year you sponsor an immigrant is not the year to get agressive on business expenses, unless your taxable income will still be well above the minimum. You can always amend the returns later to fix the deductions you forgot. This CPA number 2 approach is backwards, and likely to backFIRE.
  14. pushbrk
    If the CPA said you were filing wrong, they probably meant you were taking more deductions that were legally available to you. You cannot now "hide" your previous returns from view by NVC and the Consular Officer. You will also owe taxes and penalties on the additional income for all three years. Cleaner to get a joint sponsor, but more honest to do what the second CPA says.
  15. pushbrk
    Check the visa page in her passport and see if she is or is not subject to that rule.
  16. pushbrk
    Correct, but the Manila IV unit knows this and won't issue the visa without the ROM and PSA Certificate of Marriage. This is a recent change.
  17. pushbrk
    While that is correct, she needs clearance from the Philippines Commission on Filipinos Overseas to leave using a spouse visa. This is a fairly recent change, and the Immigrant Visa Unit won't issue the visa until the Report of Marriage and CFO clearance is complete.
  18. pushbrk
    Should work great. Report of Marriage would be done through the Philippines Consulate in San Francisco.
  19. pushbrk
    The OP in this thread is not the one who got a K1 after the online marriage. The case of the person who did is irrelevant to the OP, and they have not clarified whether USCIS and the Consulate was aware of THEIR online marriage. The case was of interest to me on that score but not related to this actual thread. Nobody is suggesting anybody is adjusting status based on an online marriage that took place before filing a fiancee petition.
  20. pushbrk
    The question is whether USCIS and the Consular Officer were aware of the Utah marriage taking place, when the petition and visa were approved?
  21. pushbrk
    If you are already living in the USA, that's sufficient. If you are not living in the USA, is where the domicile issue comes into play. Please clarify.
  22. pushbrk
    Best guess is the proxy marriage was not disclosed. OP, please clarify.
  23. pushbrk
    Agreed. Green card holders from any country are only denied entry for specific reasons. Usually, it's for failing to maintain their permanent resident status. See here for your homework. https://www.uscis.gov/green-card/after-we-grant-your-green-card/maintaining-permanent-residence
  24. pushbrk
    I would submit the I-864a for your spouse and a new one for you. Your current income is what transfers to the 1040 from the schedule C. Your spouse's current income is calculated using her gross pay for a full pay period times the number of pay periods in a year. Document it with a current pay stub. AGI does not apply to you. Total income is the number used in the tax section. That need not match anything stated in current income, except as I explained what to enter for your personal current income as a self employed person.
  25. pushbrk
    I went back and read your initial post again carefully and noticed only a one day difference between the two divorce dates. I think I would leave it alone. If asked at interview, she can explain.
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