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Everything posted by pushbrk
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i-864 Capital Gains Income Question
pushbrk replied to LittleStevey's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
None of the above matters in the context of the affidavit of support. This sponsor is a self employed investor. His current income will be the "Total Income" figure from his latest (should be 2023) US Federal tax return. AGI (might be the same number) is irrelevant to a self employed person. Self employed never file a 1040 EZ. Two sections of the affidavit to enter income. The past tax returns section, and the current income section. Unique to the self employed is that the most recent income reported in the tax section is the same as the "current income" as it is not "income" (again, in this context) until it appears on the tax return. In this situation the total income will be the capital gains minus applicable losses. It doesn't matter whether the gains were long term or short term. If they are included in the plus side, then the plus minus the minus, is the "total income". A "Self Employed Investor" with ample capital gains income, would also declare and document the underlying investment capital in the asset section of the affidavit, further supporting their qualification to sponsor the immigrant. -
How to cancel i130 petition online?
pushbrk replied to mdantas90's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
You write a letter to USCIS to "withdraw" the petition. Use the case number and both full names and dates of birth. No reason is needed. Sign the letter. No need to notarize. Mail to service center address indicated on your receipt notice. -
I-864 submission - haven't filed taxes
pushbrk replied to RekhaG's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Only partially correct. Yes, it's after the filing deadline for 2023. The affidavit of support requires information from three tax returns, but a complete copy of only the latest is what is required. Yes, they prefer to have a Tax Return Transcript, but when not available, a complete copy will do nicely. Read what comes on both sides of the OR, you seem to have missed. A complete copy will include all schedules, W2 and 1099 forms. The proof on "income" is there, but they will accept that if you're willing to pay tax on it and sign an affidavit of support under penalty of perjury, you are telling the truth. -
Spousal visa - DNA testing?
pushbrk replied to nadiah27's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
When you have the exact wording and status of any petition filed, please post that, with enough context for us to understand. Do you mean she previously sponsored HER ex husband? What's the timing associated with the two filings? If she is truly suspected of misstating who the father of her children is, that's a major issue. One I've never seen here in 19 years. -
I hope you'll note that it is wiser to make your decision based on something other that "majority rules". Just because opinions vary, does not make your decision "democratic". The guide doesn't mention what you're doing because it presumes the visitor visa has been obtained for "visiting". Your partner will use it to "visit". That you will marry during a visit, is not relevant. Once married, you follow the applicable immigration process. The visit and visit visa are not part of any immigration process.
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The year you sponsor an immigrant changes a couple priorities. First, it's not a year to delay filing your tax return. Second, it's not a process where you think about how little you can get away with doing. You do all you can. Not doing so can delay the process by months. Once they ask for something that isn't there, there's no visa until you provide it, and it goes through another queue to be reviewed. Depending on the Consulate, this would add 1 or MORE......months to the process.
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Not only not mandatory, but it is very rarely even allowed. The interview is for the visa applicant, not the petitioner. Also VERY RARELY, the petitioner does have an interview locally, before the petition is approved.
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Current/Future income question.
pushbrk replied to Macguffins's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
The interview is for the visa applicant only. In most cases, you are not allowed in the room. In some cases, not allowed in the building. You can always go back sooner and start working, but you will need to be working long enough to get a paycheck for a full pay period, before filing the affidavit of support. The case will not make progress through NVC without it. -
Desperately seeking hope
pushbrk replied to null0's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Your hope for a future with your intended husband is totally in your own control. If the financial sponsorship seems like an issue now, then you have plenty of time to take care of the major issues at hand at the moment. When you are finally able to meet, and still both want to marry and have him immigrate to the USA, you'll have plenty of time to CHANGE your financial situation with a new job. USCIS and Dept. of State are only allowed to act with sympathy under certain circumstances. Unless those circumstances exist, their feelings are irrelevant. There are always practical (including financial) consideration and sometimes hurdles involved in starting a life together. Consider them together and find solutions together. As you consider and find, you are likely to find hope as you progress. -
You are interpreting that one line as a firm request, but you do not quote enough of the instructions before that to determine proper context. There ARE situations where a female petitioner would provide a prior marriage certificate, as evidence of a name change due to marriage. On the other hand, is getting the marriage certificate a big problem?
