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pushbrk

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Everything posted by pushbrk

  1. Based on the facts presented, the I-130 and I-485 were denied because they abandoned the process before it was complete. They left, so never got the notification for the interview. Maybe never did biometrics. It's all "abandonment" of the process. An overstay would have been forgiven, if they completed the process the first time, but they didn't . That makes, as you say, the length of the overstay a critical missing fact.
  2. In an adjustment of status case, the finial decision for both the I-130 and I-485 would be made at the interview you would have together. If you did not show up for the scheduled interview, then both were denied, as they considered you had abandoned the process. I don't see this as a problem for your new case. You and your family can visit each other as legally allowed. "Tired of waiting" is not going to bring the kind of sympathy that changes your visa timeline at all, or your legal options for reuniting your family.
  3. The paper form indicates this clearly between your yes answer and the following questions. You are reading a question asked in the present tense. In the present tense, he has no "stay" to expire. If the online form is NOT clear about this, then it is just another of many glitches in the form.
  4. Because she doesn't qualify for citizenship until she's been a permanent resident 3 years. The CR1 visa results in permanent resident status.
  5. If her F1 visa is expired, and she's traveling to compete in Track meets, she must have some sort of visa. Chances are nothing will ever be needed from your uncle. Don't rely on asking questions. Become an A-Student of the I-130 instructions, then ask about what you still don't understand.
  6. Good to go. Note that the birth certificate of the Petitioner is one possible evidence of US Citizenship, but only if born in the USA. Birth Certificate of the foreign spouse is needed at the NVC stage.
  7. Not so. Uncle is not a qualifying household member and is also not a dependent.
  8. Consular Officers are not concerned with how you support yourself in the UK. Their concern is how you will be supported in the USA.
  9. Consult the I-864p for needed income per household size. There's a pinned thread about visiting during the process. My opinion is the Online form is still "glitchy". No such problems with filing by Priority Mail.
  10. No supporting documents for this form.
  11. Yes, she can update her address at the port of entry.
  12. The real purpose of the cover letter is to provide a table of contents. No need for explanations or other text except to name you both and list what's in the package. That's for a mailed filing. No need for an online filing.
  13. Living with your Uncle is irrelevant to the process. Will you soon go to work, so you qualify as her sponsor? That part comes about a year after the I-130 is filed.
  14. I don't see a need to add the birth certificate now. The baby will be counted in the household size on the affidavit of support, and you can take the Birth Certificate and CRBA to the interview. Can also be uploaded as a Civil Document at NVC stage.
  15. Did you look further to see what was missing or incomplete, specifically?
  16. This is really not an issue, since "HE" is the petitioner and you are the visa applicant. His children may or may not ever get mentioned depending on their ages. If they are under age at the time the affidavit of support is provided, they will be "counted" but not mentioned by name.
  17. The above is correct. It is still 3x for spouse of US Citizen. Being comfortably over that is a plus though.
  18. I think you'll find all her pay stubs show year to date income, so just the latest on is all the current income evidence you need.
  19. They need 4 from you and 4 from the joint sponsor. It's not just 4 originals. Each form will be different, with certain sections edited differently than the first. I suggest completing, reviewing and saving your spouse's first, then edit the next three as applicable. Hint. You'll not enter 1 for your husband on his affidavit, but you will on the other three. You will show 3 children on your husband's but only two on the other three. If properly completed, the household size will populate correctly, automatically. Have fun.
  20. You may start the process by filing a petition. Nobody actually "applies for" anything until after the petition is approved about a year later.
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