pushbrk
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Everything posted by pushbrk
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The lack of job, or property would be enough to assure failure if you were not married. Doubly assured failure since her strongest ties are deemed to be to you anyway. -
Legal to try. Unlikely to be successful, as she will need to disclose that she is married to a US Citizen. US Permanent residents do not need a visa to visit Canada. Do Canadian LPRs need a visa to visit the USA?
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Extremely valid point.
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It might well come up. If so, that would tend to force some action in dealing with it. A petitioner, in this case, always has the option of insisting the issue be dealt with openly and honestly BEFORE starting the immigration process. Insisting on directly dealing with an issue, is the opposite of "abandonment".
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Since you haven't filed the petition yet, here are my thoughts about options. You will notice the I-130 asks only about her address history and work history. If she has no work history or there are gaps, that's fine. No need to explain further. Once you file the I-130 you are likely 12 to 18 months from needing to deal directly with any of this on further forms. At that time, if you haven't resolved the issues with her medical history, you have some decisions to make. This issue will only come up at the medical exam.
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There is a maximum of one Immigrant Visa Unit in any country. Whatever Consulate you choose in your country will be changed to the right one of you choose one without an IV unit. Google I-94 online.
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If it's standard, it's new, but still not applicable to the spouse, step child, or parent of a US Citizen.
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Yes, the I-130. Start by becoming an A-Student of the form and its instructions. Follow this guide.
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ESTA does not apply to Pakistanis. Are you the US Citizen or the Pakistani spouse? Anyway, it's visa fraud to enter on ESTA or any non-immigrant visa, with the intention to adjust status.
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Yes, you need the spouse's pay stubs. The numbers you enter in 6 and 10 will automatically be totaled by the form in line 20.
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A decent chance, yes. All you can do is try and you'll find out. You did take out the name of your "attendance" provider. If the name removed is that of your current spouse, then the letter is a lie, as she is not in the USA. If you are also outside the USA and she IS taking care of you, she can continue until she gets her visa without expedite. If it is somebody else in that role, what's the hurry to replace her? This is not clear from what you posted.
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Be sure to answer the question about where the beneficiary will adjust status, as NOT APPLICABLE and enter the Consulate location as the answer to the next question.
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If you got a paper notice by mail, that's it. Not really important, as the notice will say the case has been sent to NVC.
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If you filed for the spouse of a US Citizen, then the "years" part of the notice does not apply to you. A visa is considered to be "immediately available" for a qualifying immediate relative of a US Citizen. Spouse, step children, and parents qualify. Just ignore it.
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That's my initial impression but it is not a normal part of an immediate relative I-130 receipt notice. At least not on the front side. I would call USCIS and inquire. Get any necessary corrections made.
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adding my (step) son and my wife's i130
pushbrk replied to letmeknow's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
This is the way to go. Delay spouse case at NVC, but you can actually delay more than a year, depending on what is already done. It's a year between each NVC action/communication from the petitioner. Certainly try an expedite, but if you want them to come together, you'll need to delay the spouse case at NVC. -
Your plan is good. Note the instruction that appears between 45 and 46a. If the beneficiary has already left the USA, you do not answer those questions, but you pick it up at 47.
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Provide more details of the circumstances, like ages of the kids now and when the I-130 was filed. This is probably not a do it yourself thing at this point, but you could ask for an explanation. Get your senior US Senator's local office involved immediately.
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Correct. Just as with the K1 process, the CR1 process begins with the US Citizen filing a petition. There is no k1 visa to cancel unless it has already been issued. Don't go to the interview. You can also notify the Consulate you do not intend to proceed with the visa process.
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This is a common occurrence, and not really an issue. Explaining the discrepancy is a good idea. It sure won't hurt.
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Make your "totality of circumstances" look the best you can. If your income is not enough to qualify, and you have meaningful liquid assets, declare them and document them. Same goes for the Joint sponsor. If somebody has plenty of liquid assets, there's no reason to get appraisals and other documentation for real estate or other non-liquid assets. 401k assets are meaningful but their value will be cut nearly in half, in the Consular Officer's evaluation, because of penalties and taxes involved in liquidating early.
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NVC only warns when the latest tax return doesn't show enough income. In this case, it does. This petitioner has well qualified income from 2022, that can be documented with a current pay stub. No need to subject a relative or friend to disclosing and documenting their private and financial information and signing a daunting contract.
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Any, but a utility bill would be ideal.
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No, it is not. Include the spouse's income on both, so both totals match the tax return. Get out of your head any thoughts about whose income you are "using". Even if either one qualifies on their own, the Consular Officer almost always wants the I-864a because it's a "contract" even more than being evidence the sponsor qualifies. It's a joint obligation, so no reason or way to exclude one of them from the obligation but simply not stating their income on one of the forms.
