Crazy Cat

That youtuber is wrong. If taxes were filed, petitioner must put the numbers from his 1040s for all 3 years. Otherwise, petitioner must indicate why he/she was not required to file taxes for each year.

What visa category? Is petitioner a US citizen? Try sending an inquiry to NVC, using DOS case number to find the current status.

Yea....I posted that link in the 1st reply to the OP in this thread...LOL. I use that explanation reference a lot. It's a good source for explaining the terms and differences.

If her I-485 was denied, yes. If she got a letter, she is on their radar. If her employment authorization was tied to her I-485, it will be voided along with the denied I-485. As @appleblossom said, everything hinges on why she was denied. The cure could be as simple as refiling a proper I-485 (with cures). But, she would also need a new I-765.

@Brandon442, I know you have been investigating the CR-1 spousal visa. That is probably not what you want. If your fiance leaves the US after a 6 month overstay, she will get a 3 year ban from entering the US. What most people, in her situation do after marriage, is a concurrent filing and adjustmentment of status....as listed in guide I posted earlier.

What do you mean by "technically here illegally"? Are you a US citizen? If you are a US citizen, you can take a look at the following guide:

The RFE says to submit a complete and signed I-864 and supporting documents.

That is not really new. Anyone entering the US has always been subject to being sent to secondary inspection and customs check. I have seen several cases on those border security TV shows years ago. I don't see the justification for the panic going on in the media and among some immigration attorneys right now. There might be extra scrutiny as compared to a year ago, but I'm not sure it is a problem for most people.

I'm not sure what you mean. My point was there is no need to communicate with USCIS (AR-11 or I-865) after a person naturalizes. In addition any I-864 signed for that immigrant is null and void.

No need. USCIS is now off your back....congrats!!

They both need a good attorney. They are in a very precarious situation, imho. I would have a Plan B in the back of my mind. If they start enforcing the "harboring" law, there could be big problems for a lot of people.

Current annual income is calculated as follows: Most recent pay period gross pay multiplied times number of pay periods per year (12 months).

That is irrelevant. Your CURRENT income over the next 12 months is what determines ability to support your immigrant family.

I am assuming she did not enter the US legally? If not, she cannot Adjust Status. She will need waivers and more....and it might involve returning to Mexico for an interview. She needs a good attorney.....ASAP!!! The current administration isn't playing around.

We don't allow solicitation here on Visa Journey. Are you sure your current annual income doesn't qualify? Can you increase your annual income by getting a second job to qualify?

Absolutely, yes. Always carry your passport and a copy of the I-485 receipt (NOA1). The NOA1 and visa will be evidence that you have registered and that you are in a state of "authorized stay".

Yes. You are technically out of status, but in a state of "authorized stay" until the I-485 is either approved or denied. You are not accruing unlawful presence, but you have no legal status. https://www.murthy.com/2018/12/17/differences-between-lawful-status-period-of-authorized-stay-unlawful-presence-2/ "Period of Authorized Stay Even if a foreign national is, for a period of time, not holding a lawful nonimmigrant status, the individual may be in a “period of stay authorized by the Attorney General” (i.e. period of authorized stay). One of the most common situations in which this occurs is when a properly filed application or petition to extend or change nonimmigrant status is filed with the USCIS on behalf of a foreign national." "Another very common example of authorized stay is when a foreign national is present in the United States while an application to adjust status (I-485 form) is pending. An adjustment of status applicant who does not have lawful nonimmigrant status, such as H or L, generally is considered to be in a period of authorized stay as long as the properly filed I-485 remains pending."

I-864s must be hand-signed. https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf "Signature. You (or your signing authority) must properly complete your affidavit. USCIS will not accept a stamped or typewritten name in place of any signature on this affidavit. A legal guardian may sign for a mentally incompetent person. If your affidavit is not signed, or if the signature is not valid, we will reject your affidavit. See 8 CFR 103.2(a)(7) (ii)(A). If USCIS accepts a request for adjudication and determines that it has a deficient signature, USCIS will deny the request. If you are under guardianship, your legal guardian may print your name and sign Form I-864 for you. “Legal guardian” includes any person who is appointed and authorized by law to protect your estate as a result of your incapacity. The legal guardian must present proof of the appointment as legal guardian of your estate and a copy of an order from the appointing court or agency specifically permitting the guardian to make your income and assets available for the support of the sponsored immigrant."

That would be extremely unusual. There is a lot of misinformation being spread right now. Good luck on your immigration journey.

***Moved to Adjustment of Status from Work, Student, and Tourist Visas***

OK. I think most people in her situation do Adjustment of Status. Just be aware that she will not be able to work or leave the US for several months (3 to 8 months) after filing her I-485....assuming she files an I-131 (advance parole) and an I-765 (Employment Authorization Document). Here is the appropriate guide:

Agree 100%. My wife entered the US about 30 days before our 2nd wedding anniversay....so she received a 2 year Green Card. Because she had a 2 year card, we had to submit an I-751 to removed conditions 2 years later. That was a pain in the neck. It took 44 months to get it approved....no RFEs.

Welcome to Visa Journey. Please clarify: Does she plan to obtain a Green Card through a CR-1 visa (consular processing in her country) or through Adjustment of Status (done inside the US)? They are 2 completely different processes as explained by the guides here on Visa Journey.

2024 Return transcript

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