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Everything posted by pushbrk
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Offer letters and "shoulds" are not going to cut it. Your math of 2k a month plus even 15k in self employment income are still below the 37,500 minimum for a household of 4. Do be aware also, you will be filing 3 I-130 form, one for each immigrant. You can file them together but separate checks for each fee. If you don't have well over the required income by NVC stage, your cases are not going to progress to even get into the interview queue. Your best bet is going to be either actually returning to the USA for an adequate job, secure a qualified joint sponsor. Domicile is not your issue. It's lack of current income.
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That's marginal for a household of two, so enough to qualify. Your side income appears to be self employment, meaning it will not count until it appears on the "total income" line of a US Federal tax return, which you would legally be required to file, not that you have taxable income. Provided revenue minus business expenses is a positive number, that will help. Financial aspect must be thought about now, but are not dealt with, in your case, until early 2025,
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USC Filing online I-130 while abroad
pushbrk replied to JoanM's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Will need to continue from the same source. Ultimately, you must either qualify as sponsor yourself, or involve and obligate somebody who will act as joint sponsor. -
Affidavit of Support with Assets Only
pushbrk replied to JayCeez's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
The idea that using your own liquid assets instead of income, makes it less likely you'll qualify, is an overreaction to incomplete data. Obligating a joint sponsor, is a last resort, because that contract is a very big deal, not just words you type. You should have well over the three times the income shortfall though, and it must be liquid. It must also be clearly evident the liquid assets are owned by the sponsor. Whether to move money from an "estate account" to a personal account requires more information. Is there more than one owner of the "estate account"? Another executor, etc. If so, definitely move it but also be able to track your ownership of those assets. -
That's one of the things that depends on the country. To marry the same person in the same jurisdiction would usually require divorce. In Philippines there is no divorce. If he does the Utah County, I would not even COUNT the first marriage to the beneficiary as having been married, since it's not legal. If they marry in the same country they did 10 years ago, then a divorce would be needed. When explaining why, he will be admitting to crime of Bigamy. How that will be treated, depends on the country. First stop should be a family law attorney in that same country.
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People do get "approved" and the interview, but not all interviews result in an immediate decision. Nobody walks out of the interview with a visa in their passport. Many, but not all Consular Officers have the authority to actually approve immigrant visas, but if some flag comes up before the visa is printed and sent out, that decision can be overturned. In some cases, the Officer is too junior, and needs their decisions reviewed and confirmed by senior staff.
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You will provide information from 3 tax returns but just the latest, 2022 tax return transcript or complete copy with W2s etc. You then provide evidence of current income. 2023 is not current. Use a current pay stub. If you want to also include your year end pay stub, that's fine. Current income is gross for current full pay period times the number of pay periods in a full year. If you lost your job last week, it doesn't matter what you made in 2023. You have zero "current income".
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Can you get a family member to take the family book to the Gong Zheng Chu to get you a current Notarial Birth Certificate? Typically, the document they are looking for will be more than two pages. It's in booklet form, with a cover page. Continuing to submit the same, already rejected document, is futile.
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Unless USCIS will agree to expedite the child's I-130 process, you can expect it to take as long as your wife's did. Sometimes they will expedite in cases where the child was born AFTER the mother's I-130 was filed, but it's worth a try. This situation was under your control, so be prepared for them to not give consideration for you not doing your homework. As an aside for any reader, it is situations like this that come to MY mind with other members blindly tell people they don't know anything about, that they should do it themselves. It takes the right aptitude, attitude, and skill set to do this yourself. It's not for everybody.
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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.