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pushbrk

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Everything posted by pushbrk

  1. Definitely consult appropriate legal counsel. I can assure you of two things. One, you do not need to withdraw the petition. If she leaves the USA without advance parole, notify them she will now be seeking an immigrant visa instead of adjusting status. Second, while asylum policy may change, regular spouse immigrant visa processes did not change under 45, so no reason to think they will under 47. Trump is 45, and 47.
  2. Good plan, but scan and email her your latest pay stub too. That's evidence you are still employed and your current income.
  3. One of the biggest problems with self employed sponsors, is confusion about how to state their income. People who are NOT self employed also get confused about this and confuse "revenue" with "income". In this context the self employed sponsor's current income is exactly the number on the "Total Income" titled line of their most recent 1040. In this case, that is presumably from 2023. If the total income (in this case it's pretty important it be all three years) is well above the minimum, income requirement, then there's no big issue. Even better would be to use an Tax Return Transcript, but still the number comes from the total income line. If the joint sponsor is married, provide an I-864a from their spouse, even if the spouse has no income. You will also need evidence they are currently living in the USA, like a utility bill, etc.
  4. If instructed to upload, no need to mail. Correct, no such thing as an original tax return transcript.
  5. What I would add at this stage, is that if the wife's income was below the tax filing threshold, she does not need to file any tax returns. No is the time for you both to forget about what you read elsewhere and become A-Students of the I-864, and it's separate instructions. Sounds like Mom needs to be the joint sponsor. Petitioner is going to need to provide some kind of evidence, not that they currently live in the USA, but that they have taken actions to show their clear intent to re-establish US Domicile. One would think that filing the I-130 petition would be evidence enough, but it isn't.
  6. Crew member visa is an exception to the practice of forgiving overstays for spouse of US Citizen.
  7. No, I would not suggest that. First, you cannot enter without your spouse preceding you or traveling with you. But, as long as you meet the together part, it's only money. It will work or it won't.
  8. If you have qualifying income for 2024, you do not need to wait for a transcript. You can upload a new affidavit and a complete copy of your federal tax return, including 1099's and/or other applicable evidence of the income.
  9. Sounds to me like you have been self employed, from home, as a "freelance something" the whole time, or any time you were not directly employed during the last five years.
  10. US Immigration officials will not care about why you want what you want. You can't have it. Best to abandon your visa and start over when you are ready to immigrate. The purpose of these visas is to unite the family in the USA. Since that is not your current intention, you have proceeded too early. Had you asked about this a year ago, we could have advised you on how to delay the process until you are ready. Now it's too late for that.
  11. Your plan sounds good to me. Nice addition.
  12. Probably, but if you are cutting it close enough to matter, it's too close.
  13. Respond with an explanation like you gave above, and include the quote and its URL, to remind them of their own policy. They are imperfect humans.
  14. I would just indicate you lived together at the Canada address for the last period you did so. Otherwise, do not include it in MORE of your address history. No need for that.
  15. For planning purposes, expect the requirement to go up by the same 2.5% as the Social Security COLA.
  16. When you respond, a senior officer will be the one reviewing your response. Add a respectful but direct explanation of why you qualify based on liquid assets.
  17. Then make sure they are all properly stated and documented. I agree it's time to get your congressman involved. I recommend contacting the office of the Senior US Senator from your State, unless you already have a relationship with another member of Congress. You do NOT need a joint sponsor, but I cannot testify as to the correctness of your affidavit of support.
  18. My millionth clarification regarding and original public record. Any "original marriage certificate" a person might have would be a souvenir only. The original marriage certificate is a public record owned by a government entity. What is needed at interview is an actual certified copy. When filing the petition, you need only a photocopy of a certified copy.
  19. You do not need originals of financial documents. Get the tax return transcripts if you can, but otherwise complete copy of tax return including all schedules, plus W2 and 1099 forms.
  20. You have a brokerage account and an IRA. How old are you? How many times the income requirement do you have in liquid assets? Enough means well over three times the assets, as the income shortfall. Please provide more details before concluding your assets are being ignored, or that the Consular Officer is not following policy. If you DO have well over the income shortfall in liquid assets, you can explain and appeal. If you don't, you need a joint sponsor. Details matter. If you are under the age to make tax free withdrawals from your IRA or 401k accounts, those cannot be considered at full value, do to early withdrawal penalties. Sure, the easy solution is a joint sponsor, but details matter.
  21. That assets are ignored is a false conclusion. People are regularly approved using liquid assets only. The assets need to be well above the minimum of three times the income shortfall, must be liquid per the definitions in the I-864 instructions and well documented. Well documented means statements showing the assets have been in accounts owned by either the petitioner or beneficiary for a year. Four total statement is enough. One each from 12, 8, and four months ago, plus the most current one for each account will do nicely. If you are no well above the minimum, like 5 or 6 times the income shortfall, get a joint sponsor. Just because some people do not properly present and document their assets, they aren't liquid, or they make mistakes in completing their affidavit, does not mean assets are ignored. They simply are not "ignored".
  22. You don't have a green card to abandon. You have an immigrant visa that will expire and be meaningless, if you don't use it. You are dealing with this too late, to save any value to this visa process, unless you go ahead and immigrate. Abandoning the current immigration process, means only that the petitioner will need to file a new petition and start over at a later date. Expect the process to take about the same time this one did. On the other hand, an employer in the USA, is very likely to accept that the reason you left your previous job was to immigrate to the USA. Any future job will be in the USA, not Pakistan. People get new jobs in the USA frequently, without positive recommendations from their former employer, particularly if they have good reason to leave. You do have good reason. But still, your US Citizen Spouse must enter the USA before you, or with you. They can leave again, but you need to maintain your permanent resident status. That doesn't mean you can travel internationally. See here about maintaining. https://www.uscis.gov/green-card/after-we-grant-your-green-card/maintaining-permanent-residence
  23. I would consider this a non-issue, but be prepared to explain, if asked. Misrepresentations that matter would be on the DS260, so misrepresentations by the visa applicant. This is a petitioner mistake.
  24. She can take a copy of a current pay stub and the W2 to the interview.
  25. So, a year to date pay stub from both first and second job, but calculate current income based on a current pay stub. It is not necessary for the numbers to be the same. You are not stating a 2024 income anywhere anyway. You cannot, until you file a tax return later. Your spouse will take that tax return to the interview with even more up to date pay stubs from both jobs.
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