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pushbrk

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Everything posted by pushbrk

  1. pushbrk
    This also is described in the I-864 instructions. Becoming an A-Student of those instructions is critical to your ultimate success. This should be clear to your husband, not that he already did not follow them. The form asks for three years of information from tax returns. This cannot be skipped, but only the latest "tax return transcript" needs to be actually provided. Do you or your husband actually understand what a tax return transcript is? My doubt is because most people don't have a reason to have one. Instead, they typically have a copy of their tax return. Tax Return Transcripts are ordered from the IRS. Just as easy to order 3 as to order 1.
  2. pushbrk
    Never suggest a member lie to immigration officials. Maybe you were just suggesting they make a reception a priority???
  3. pushbrk
    I see that, but they DID complete the AOS process after the K1 entry. If the REALLY didn't live together, there's fraud involved in getting the green card. Also, if she's no longer in the USA, she won't count in his household size. I'm going to amend my comments by saying it is certainly possible (depending on the details) for the first immigration process to cause problems with a second. He'll have to convince both USCIS and the Consular Officer he's in a real marriage now, and was the first time too.
  4. pushbrk
    I'm not sure what that means. The OP said nothing about not living together with his ex wife in the USA. They must have, if she adjusted status. What will carry over is the ex is going to be counted in his household size, because the I-864 will still be in force for her, unless she has left the USA. Other than that, there should be no delay and no reason for rejection. A little more scrutiny may be given to the bona fides of the relationship, but if they are living together in Hungary, that will pretty much cover those concerns.
  5. pushbrk
    Yeah, the biggest difference is in the time to get your hands on a "Certified Copy" of the marriage certificate. Usually fast in the US, but varies by state. Ontario is notoriously slow. Otherwise, no pros or cons really. Remember to indicate you are coming for a visit, not coming to get married. Both are true, but one will likely raise additional questions.
  6. pushbrk
    Was it a "tax return transcript" you sent or one of the other "transcripts"?
  7. pushbrk
    My take is that this might cause an RFE and it might not. RFEs delay cases a month or so. If it will take longer than that to get it corrected, I would go ahead and file, and have the corrected one ready when needed. Tell the truth on the forms.
  8. pushbrk
    What is needed is described clearly in the I-864 instructions, your husband should have studied the first time, and must study now.
  9. pushbrk
    Yes, that is allowed by the USA. How you go about getting approval to stay in South Africa is another matter not related to the US immigration process. You will still need to qualify as the sponsor. Will your income continue during your stay abroad and from the same source once you come back to the USA?
  10. pushbrk
    Note that you have misstated the purpose of that list. First, it follows the words, "In addition to the required....." and then continues "suggesting" that you should submit "one or more....". In cases like yours it will mostly be the last one, "any other....". Concentrate on evidence of time together in person, like passport stamps, and/or boarding passes and some photos.
  11. pushbrk
    What you do is contact USCIS, and make sure they note she is NOT adjusting status. If you do not do this, you will essentially double the time between filing and your case getting to the next step at the National Visa Center.
  12. pushbrk
    You can stay together during the process, but she will need to qualify as your sponsor during the NVC stage. She can qualify with a US job, liquid assets, or use a qualified joint sponsor. SOME time apart is very common, but no need to be in the USA to start the process.
  13. pushbrk
    Most "immigration lawyers" are not experienced with family based immigration. That's not where the money is for immigration law. It's for work visas (with corporations as clients) or for in court representation of clients in deportation proceedings, etc.
  14. pushbrk
    Correct...AND if things go faster than anticipated, you can delay at NVC stage. No, you cannot extend the expiration date of the visa.
  15. pushbrk
    Yes, she needs something more than just visitor status, BEFORE even requesting the transfer. Lawyer doesn't know what they are talking about.
  16. pushbrk
    Yes....OR....a complete copy of the tax return with all schedules, W2s, and 1099s, as applicable. Notice little word OR in the instructions.
  17. pushbrk
    You'll notice the instructions have the little word, "or" in them. Your complete tax return....or.....a tax return transcript. When "all" equals zero, it is what it is. The self employed typically do not have W2 forms.
  18. pushbrk
    As a general rule, Consulates with Immigrant visa Units also have non-immigrant visa units, with each unit having their own boss. Should be no connection between the two units with respect to backlog, but it is always possible to rotate people between units.
  19. pushbrk
    Correct. It used to be years ago, but not since they started digitizing the files. No matter what information you get about service center, it could be worked on at any location, since the files are digital and they share workload. It will take a year or so. Be happy if it doesn't. You're in a black hole.
  20. pushbrk
    Lawyers for waivers are talked about frequently in the waivers forum. Best to start your research there.
  21. pushbrk
    Senators can help when something is not going right with your case, or if it is taking far longer than other cases with no apparent reason. They cannot help you move ahead of others waiting in line. You're in the interview queue. Is there some reason you think you should go ahead of the others in the queue?
  22. pushbrk
    Enter today's date, on both. Yes, they will understand. They know you can't enter "present".
  23. pushbrk
    Assuming he counted the unmarried children under age 21, on his affidavit of support, his income must be sufficient to qualify without a joint sponsor. So, were they counted on his affidavit of support, or not?
  24. pushbrk
    About a year. Note, you did both or even your husband alone "apply for" anything. Your husband filed a petition in your behalf. In a year or so, when that petition is approved, you will start YOUR visa application process. Don't expect ANY updates between NOA1 and NOA2 (petition approval). It's a black hole.
  25. pushbrk
    Actually, you follow both the instructions AND the advice because both apply. If your wife is currently a dependent or was in 2022, she is counted by entering a 1 in a box, making the joint sponsor's household 4. It's just one of those situations where instructions "overlap".
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