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Everything posted by pushbrk
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Changing interview location
pushbrk replied to type2error's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Agreed. Looks like the OP wants to HAVE their cake and EAT IT TOO. They probably can, if they interview either in London or Guangzhou, no sooner than late January, but then they'll have to decide between being together soonest, and waiting for the second wedding anniversary to be together in the USA. -
If you want to use a married name, do the ROM and get a new Philippines Passport with the married name. The I-130 does ask for your passport number etc. but it's fine to change it when asked again at NVC stage.
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Joint sponsor (Merged)
pushbrk replied to 111Nina's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
One must understand that the final decision related to the affidavit of support is made based on the totality of circumstances. If the sponsor clearly does not qualify, no other circumstance matter. If the sponsor DOES clearly qualify financially, on the the considered circumstances is the relationship between the sponsor, or in this case, "joint sponsor" that causes the sponsor to be willing to act as joint sponsor. When there is no clear relationship, a Consular Officer is not going to believe the sponsor will fulfil those obligations. Same problem with "elderly" joint sponsors who are not likely to be around to fulfil those obligations. The OP needs to understand that there are practical aspects to bringing a foreign spouse to the USA. One common way of expressing this is "No money, no honey!" The time to have seriously considered these practical aspects, was very early in the relationship, long before the marriage or I-130 filing. -
Contract between households and sponsor
pushbrk replied to Philus's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
I can't really follow what you are saying. This is almost 11 months later, so I think you provided a new affidavit, with non-joint filed 2022 tax return and a statement the joint sponsor is now divorced or in divorce proceedings. That should work fine if the sponsor is qualified. -
I know this "Heard" person very well. They are usually misinformed. This is another example. What....IS....true is that when income is clearly sufficient, there is no need to complete the asset section or document your assets. However, when income is marginal as yours is, then it definitely DOES help to state and document liquid assets, like savings or investment accounts. Consular Officers are trained to consider "the totality of circumstances" in making the public charge decision. As an example, millionaires with no income have sponsored immigrants. Sure, they get a notice suggesting they.....MAY....want to get a joint sponsor, BUT when they clearly qualify, I advise them to ignore that message. It happens every time the last year's tax return doesn't show qualifying income, NO MATTER how many assets, or how much CURRENT INCOME from a NEW JOB is stated. You won't get such a notice as your income is more than the minimum. State and document your liquid assets.
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Six months is a proper expectation, for receipt and then some months for the Notice of intent to Revoke NOIR to arrive. You will then have the opportunity to respond. In these situations, the actual reasons for denial you already know about, should be used to determine whether to wait and respond, or to withdraw and file again now. Without knowing those facts, no further meaningful advice can be provided, except to have the applicant write a detailed report (verbatim) of everything that happened or was said (both ways) by anybody, while at the Consulate.
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Joint sponsor (Merged)
pushbrk replied to 111Nina's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Correct answer. Whether your liquid assets will be enough to overcome the denial depends on facts we don't know. Typically the MINIMUM for a spouse case is 3 times the income shortfall, but meeting the minimum is no guarantee. Need more details to provide any further advice, but there definitely is no way around the public charge issue. A qualified sponsor must provide and execute an affidavit of support. If your assets qualify, use them. If not, no visa. -
Joint Sponsor - is this enough?
pushbrk replied to maxy's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Is it enough what? There's no question in your post. Yes, the joint sponsor makes enough money and the household size is correct. However, current income does not come from a W2 form issued for a year ending nearly 11 months ago. Take a recent pay stub, and multiply the gross earnings for a full pay period by the number of pay periods in a full year. Information from tax returns goes in a different section. Study the instructions to know what is "enough" supporting documentation to upload with the form. -
Drop one Hispanic last name on I-130?
pushbrk replied to SansTortoise's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
I'm not aware of a way to request such a change. Dropping the maternal name on the I-130 does not remove the requirement to have the name on the DS 260 match the passport resulting in the visa and green card being issued in the passport name. The solution that comes to mind is to drop it in the current passport. Is that possible in his country? -
Change of Address for Petitioner
pushbrk replied to Namrata Mane's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Use the updated address at the NVC stage. Nothing to do now. -
i864A Question (Merged x3)
pushbrk replied to Zs10102's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
I gave you the answer and referred you to the form instructions for confirmation. The tax section will show the same income because they filed taxes jointly. Their individual income is stated separately in a different section of the form, then the form will total it. Current income for employed people comes from their pay stub, not a tax return. If you make 1k a week, your current income is 52k, for example. Study those instructions please. -
i864A Question (Merged x3)
pushbrk replied to Zs10102's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
This is in the instructions. Time to become an A-Student of the I-864 instructions. -
i864A Question (Merged x3)
pushbrk replied to Zs10102's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
One of them is the only joint sponsor and the other is the joint sponsor's household member. Time to become an A-Student of the I-864 instructions. -
US citizen bringing spouse to US
pushbrk replied to Amaan's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Correct, and any interview in Islamabad is usually followed by an extended period of security checks, even for females. -
If they each have income, then in the current income section, use their pay stubs to calculate current income. Formula is gross X number of pay periods in a full year. 1k a week is 52k a year. Enter properly and the form will total it. Tax return numbers are the same on both forms. Just to clarify, there is no way to hide one spouse's income, and for Consular Processing, trying to do without the joint sponsor's spouse's I-864a is likely to delay your process. Best practice to include it. Follow the excellent instructions for doing so.
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i864A Question (Merged x3)
pushbrk replied to Zs10102's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Yes, because they file their federal tax return jointly, and the contract would be a joint obligation. The issue is not "including" the income. The issue is he needs to sign the contract, but there is no way to "exclude" his income. It's on the tax return.