pushbrk

Current income for dad and mom comes from their 2023 SS statements and pay stub, if applicable. Tax returns are about the past. You did not mention either an I-864a from mom, or any evidence they are US Citizens currently living in the USA.

Just some extra about documents like birth certificates. Pretty much, (if not definitely) worldwide, "Original" Birth, Marriage, Divorce, etc. certificates are the property of the government agency that issues them. The best the named person or other person can get is an "Original Certified Copy". To USCIS and NVC, photocopies or scans, of that Certified Copy are what gets submitted or uploaded. For "originals" at the interview, they would be original "Certified Copies", meaning one could have several. Not need to take somebody's one and only "Original Birth Certificate" to an interview, because that's not what it is anyway. A different document given to parents by hospitals, is just a souvenir, useless in this context.

Provided the "income" you mention appears on the "total income" line of her 1040, I think you'll be fine with mom, in this circumstance. BUT, the devil is in the details. Look at that 2022 tax return if you haven't already. Photocopies are fine for joint sponsor supporting documentation.

That's a very good point. It used to be in Guangzhou, many visas were denied if it was not clear to the Consular Officer that the couple had a reasonable means of communication. My Ex and I practiced me asking and her answering many typical interview questions, for hundreds of hours over video calls. I coached her to greet the Consular Officer in English. At the actual interview, the Consular Officer greeted her first in Mandarin, and not a word of English was spoken. He asked, if she spoke English and she said "a little". He then asked if I spoke Mandarin, and she answered "a little". No problems. But many people were asked to submit a video of how they communicated. We had prepared one of those too. Whether it's an issue for immigration or not, working on your communication skills prior to being together in the USA, is a really good idea, whether she's sensitive about it or not.

Correct as to the actual question, but there are additional documents needed for joint sponsors. Find the requirement in the I-864 instructions. Become an A Student of THAT document before proceeding.

It's an interesting situation you describe. I would tend to use his last pay stub as evidence of current income. In that case, you would take the gross from a pay period times the number of pay periods in a full year. That's how we advise every other "employed" person to state their current income. It is also true that every other employed person does not know if they will have a job the rest of the year. They could be fired, layed off, disabled or any number of other things could happen. Just because you have a pretty good idea he'll make less the rest of the year doesn't really matter. The question is not "what will he make in 2023?" or during the current year. It's about current income. If a person who never worked before, started a job August 1st at a thousand a week, their current income is 52k. It really is that simple.

You have good answers already, but I feel the need to address your number 5 more completely. Yes, this can pose problems, but might not. A "landlord" and real estate investor often shows a negative income on their tax return. THAT would be a problem. To determine whether your mom qualifies, you need to look at her most recent tax return, and find the "total income" line. If it is a positive number clearly over the amount needed, no problem. She's self employed, so her "current income" will come from that line on the first page of a lengthy tax return. Do not confuse her total revenue with income. Income is what's left over after she takes legitimate deductions, like depreciation and other direct expenses.

State the amount shown on the I-864 as "current annual income".

Correct, but if the "unknown" when petitioning, just enter all zeros and move on. It's a non-issue.

That's one heck of a stretch. She's going to indicate she is married and count her husband in her household. In what way do you see her lying to the DOS? The only issue is with the IRS, which is easy to fix. Grasping and straws here.

I think you are saying your wife has more than one passport. If so, just upload the one for the country where she is interviewing. CRBAs not necessarily required, but I would upload them anyway.

Yes, just to be clear the new form was created in December 2021, and is still current. Anything submitted BEFORE December 2021 would have been NOT today's current version. Still, the information is the issue, not any expiration date on the form.

IMO, it doesn't matter what the OP is saying. What matters is what to do now. The information isn't expired. It's more than two years old. Even if the form did not expire, an updated form and updated evidence will be needed to have the visa approved. Consular Officers need up to date information to make decisions. Sometimes, it's good enough to just bring a new pay stub and latest tax return. Best to update everything though. Either way, the expiration date of the form is NOT the issue. But, the current form was created in December, 2021 expiring in December 2023. Not the issue here though.

Yes, but the issue is not the expired form. It's the old information ON the form.

Stick with this concept. For instructions and questions, read carefully, interpret literally, and answer accurately. That concept would have answered most of your questions.

Time to become an A Student of the I-864 instructions. Of course all your children under 18 are counted in your household.

Third option for. The affidavit of support is submitted a year or so after the I-130. Build your savings to more like 100k USD by then and qualify based on assets. It really IS ok if those savings are in a UK bank.

Yes, and the issue is not the expiration of the form. It's that the information ON the form and the supporting evidence provided is not up to date.

You've got some real misconceptions here. Time to become an A-Student of the I-864 instructions. Tax returns are about the past. The petitioner in your wife's circumstances has two hurdles, as your sponsor. One would be to have a job providing sufficient "current income". If she has a job making 1k a week, that's 52k in current income she can document with a pay stub. The second hurdle is US Domicile. If she's in the USA working and living, that is all the evidence she needs of US Domicile. If your wife has not been working, she would not be required to file past tax returns. If she HAS had qualifying income in the past three years, she'll need to file those tax returns, but is unlikely to actually owe any taxes. If YOUR employer will offer you a job IN THE USA, then you can use that expected income from the same source you earn income now, to effectively self sponsor, but that leaves the domicile issue to deal with. Yes, stop misinterpreting and substituting. Learn the actual requirements and work within them.

I made my point clear. Consular officers don't care about the filing status. I understand her filing was "improper", but it is not an issue in an immigrant visa process. It just isn't.

Regardless of the upsides of a CR1, it is for the spouse of a US Citizen, and you are not yet married. Like the in person meeting part of the K1 process, you must already be married, to start the spouse visa process. What's better for you depends on your own priorities. Getting married cannot happen until you are together again to get married and/or consummate the marriage.

No, is OK, but I actually would indicate, Unemployed Student and the dates, then in the second employer space, show the internship. Being a student is not employment, but it's ok to add information, to paint the appropriate picture of your history. For example, a person who has never had a job or a business could enter "Never Employed", which let's the adjudicator know not to look for any further information, and renders the next section not applicable. There's not an absolute right and wrong way in this situation, as long as no false information is given.

Of course, but if you are calling overpayment of taxes, by filing single either one of those things, they aren't. I, and many others filed single during my spouse visa process, and then amended my tax filings later. If you work for the IRS, you'll lose your job for doing this, but when it comes to sponsoring an immigrant, it's a non-issue.

Correct. I see two viable options that do not include a joint sponsor. 1. Wife moves back to the USA and gets a job 2. Foreign spouse gets an official transfer to a US position with the same company employing him now.

Do you really think a woman you are only "sort of" in contact with, is going to provide and sign an affidavit of support for you?