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Everything posted by pushbrk
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She can interview in her country of citizenship or where she resides, not where she's "visiting". She is not applying for a green card. YOU are filing a petition in her behalf. When YOUR petition is approved, she will be invited to "apply for"....a spouse immigrant visa. When she USES the visa and the final fee is paid, she will receive a green card. No matter which country or Consulate you put on the I-130, NVC is going to initially assign the case to the country shown as her current physical address when you file the petition. If she has residence elsewhere by the time the case gets to NVC, she can request the case be transferred. Whether Frankfort will accept it or not, depends on her status in Germany at the time.
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Filling in the I130 form
pushbrk replied to vogueverve's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
I recommend typing "No Middle Name". Note, that some questions are applicable, even if the answer is none. They don't mean the same thing. Never type NA. You cannot type N/A, so type Not Applicable instead. -
Second child born after I-130 filed
pushbrk replied to cinn-sugar's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Just update that information by including it during the NVC process. No worries. -
For the visa and green card to be issued in the married name, the passport must be in that name...AND.....use it on all the forms going forward. Aside, not sure why people are saying fire the lawyer. He gave the same advice I and others are giving here. Sure, it would have been better if he gave the advice to get a new passport sooner, but it is not too late. It is only needed in time for the interview. It's ok if the current passport is scanned and uploaded to NVC.
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If she intends to use a married name, then she should do what is necessary in the Philippines with PSA and Foreign Affairs to get a new passport in the married name. That way, the visa and green card are issued in the married name. Doing it LATER after she's in the USA is far more complicated and costly. Do it now. She must have the new passport before the visa interview, not necessarily before NVC. Still, the sooner the better.
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Which I-864? [split topic]
pushbrk replied to ChelseaW's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
3 does not mean what you describe. You do not need to be over the income requirement for all three years. What it is saying is that if the qualifying income is as an employee, rather than any other source, you would meet condition 3. Essentially, if your sponsor is employed and has employee income, ok. If self employed or retired, not ok. -
Should have told your accountant that the year you sponsor an immigrant is not the year to file taxes late. Seems he STILL has not filed 2022 taxes yet. You might get by with a most recent pay stub, and the end of year pay stub, and skip the joint sponsor. File that 2022 tax return NOW. Remind the accountant you can amend that tax return later. He's just being prudent, but not knowing or thinking of how that impacted your immigration.
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Not sure what you mean by "net profit". I told you the only number they look at. In some cases, I suppose that may be the same number as what you hare calling "net profit". It typically matches the income you pay taxes on. Don't confuse revenue and income. In this context no revenue numbers are considered until they appear on the total income line of a US federal tax return. As you work on your 2023 tax return, watch that number. Sometimes the self employed will forget about some deductions in a year they need to sponsor an immigrant. They can always remember those deductions later and file amended returns.
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For the self employed, your "current income" is the "total income" number from your most recently filed federal tax return. You cannot qualify using any other evidence, unless it is with "liquid assets" 5 times the income shortfall. You say you are making enough money now. If that means your 2023 total income line will show qualifying income, then file that return as soon as possible, and then use the total income on that return as the current income on your new filing.
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Intent to reestablish domicile
pushbrk replied to Penguin_DE's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
You have good answers about domicile. Have you sorted out how your wife is going to qualify to sponsor you, without either of you having a job in the USA? Joint sponsor? Liquid assets? -
Medical - COVID vaccine
pushbrk replied to CarlosV's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
A lot of homework. Subject matter is "waiver of COVID vaccine for US Immigrant visa". -
Your best relationship evidence is evidence of time spent together in person, not texts. When the time comes for the affidavit of support (in a year or so) if you have documentation from your employer that your income will continue from the same source, then yes, your income can be used to qualify to "effectively" self sponsor. You wife is the sponsor but qualifies using your income.