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.

Correct.

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.

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.

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.

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.

Knowing the country would help us answer that question. Unless it's in the Middle East, probably just a few weeks.

Those will not be returned. A careful read of the instructions told you to send copies.

Just actual evidence you live together should be sufficient. What do you have to document you live at the same address?

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.

I would expect a positive result. Looks like you got a junior officer who wasn't qualified to make the decision on their own.

Your active duty deployment is an acceptable reason for an expedite.

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.

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.

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.

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.

For question 2, the answer is yes. Question 1. Massachusetts requirements for a State Tax return are irrelevant in this context. You file or don't file a Federal Tax return based on Federal Requirements. See below. But be aware for the self employed, "income" is revenue minus business expenses. So, as a ride share driver, you need to do that calculation before you know if you are required to file or not. What is the threshold for filing a US tax return? If you were under 65 at the end of 2024 If your filing status is: File a tax return if your gross income is: Single $14,600 or more Head of household $21,900 or more Married filing jointly $29,200 or more (both spouses under 65) $30,750 or more (one spouse under 65) Married filing separately $5 or more

Yes, that's the reason. Only the employed get W2 forms. Why not just submit the Tax Return Transcript instead.

That's an excellent question. If the children can be US Citizens through a grandparent, they won't get visas either. You must exhaust those possibilities first.

Yes, for the years your income was zero. But you also did not file a tax return for at least two of those years. If your "revenue" minus "expenses" was under the minimum income requiring you to file a federal tax return for 2024, then it's zero for all three years. In the separate area where you indicate your current occupation and your current income, you would indicate your occupation is "Uber/Lyft driver" and still enter zero income. The reason you do that is that the number a self employed person uses there is the "total income" line of the latest federal tax return. If you WERE required to file, enter that number. If you were not, enter zero. You have the right idea to have one parent do the I-864 and the other the I-864a. I recommend the parent with the most individual income do the I-864.

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That is incorrect. When the petitioner is a US Citizen, each immigrant must have their own petition. Sorry to be the bearer of bad news, but my previous posts described what must now be done.

K3 and K4 visas haven't actually been available for a dozen years. If you cannot pass US Citizenship directly to your children, they each need their own I-130. They will then become US Citizens when they enter the USA to reside with you. Your wife will receive a green card. No, your children cannot "visit" the USA. They need immigrant visas. If you did not file and I-130 petition for each of them, hold on your wife's NVC progress, file those petitions, and wait until they catch up with your wife's. Are you absolutely sure you do not meet the physical presence requirements to pass citizenship. YOU MUST be sure of this, as they cannot get visas if the qualify to be US Citizens now.

Petitioner's birth certificate is one of the possible documents filed with the petition as evidence of US Citizenship. The Consulate has the file USCIS used to approve the underlying petition.

Should be no problem. If you have a job offer letter, make sure you wife has it. She should be ready to ask what your job is now. He's a (insert occupation) and just changed jobs to (insert name of company).