Crazy Cat

Tax transcripts and tax returns reflect what was earned in previous years, not what is currently being earned. Pension award letters or pay stubs would indicate CURRENT income. The ability to support a new immigrant is determined, in large part, by what the sponsor is CURRENTLY earning (or will earn over the next 12 months).

1. Yes, legal. 2. Take evidence of your strong ties to Canada such as lease, employment letter, etc. which will show reasons to return.

It is very likely that the CO will ask if he has BF/GF/Fiance in the US.

Except, you said this: "so he didn't really want to put them down..."

This is just the extension letter and receipt notice. Your approval is a LONG, LONG way off. This could take 2 or 3 years. You will, likely, apply for citizenship before the I-751 is approved. My wife's I-751 took 44 months from filing to approval. You might have to be interviewed.

No reason to be defensive. This might be a lot more complicated than you think. The nature of his offense is also a big consideration when you decide to immigrate. Your life- your choices. Good luck.

If asked, he must tell the truth. Misrepresentation can be a serious offense. Sounds like nothing has changed to improve his ties to his home country. Don't expect success. Remember, all visitors are assumed to have immigrant intent....it is up to him to overcome that assumption. Lying is not a legal option. My advice: Don't waste the money. Don't lie.

Nonimmigrants Must Overcome Presumption of Immigrant Intent - Murthy Law Firm | U.S Immigration Law "The burden is generally on the visa applicant to overcome the presumption of immigrant intent, and it is at the discretion of the consular officer to determine whether the burden has been met. This wide discretion can lead to a lack of uniformity as to how this concept is applied. Regardless, if the applicant fails to evidence sufficient ties to the country of origin to the satisfaction of a consular officer, the visa typically will be refused pursuant to INA §214(b)."

There is no risk to the I-130. She has immigrant intent, thus getting the visa is unlikely.

The child you claim on taxes is included in your household size.

Item 4 instructions are for listing them on another section of the I-864. The section I quoted are the instructions for calculating household size.

I-864 Affidavit of Support (FAQs) (state.gov) " How do I calculate my household size? The Form I-864 asks for the financial sponsor’s household size. When calculating their household size, sponsors must include: Their spouse, Any children by birth, marriage, or adoption living in the sponsor's residence, Anyone else claimed as a dependent on the sponsor's tax return for the most recent year, regardless of whether they are related to the sponsor or have the same principal address as the sponsor, The principal visa applicant, Any derivative applicants who plan to immigrate within six months, Any other people in the United States whom the sponsor is supporting on a different Form I-864, if the obligation has not terminated, and Any nondependent siblings, parents, or adult children who reside in the sponsor's household who are not dependents, if they complete a Form I-864A. A sponsor does not have to include people on other I-864s who have not yet immigrated to the United States.

What are your plans after marriage?

Once she has taken the oath for US citizenship, she cannot travel outside the US without a US passport. As a US citizen, She will not qualify for an ADIT stamp.

The key is to have evidence showing both names at the same address. Evidence from old addresses is fine.

****Moved from the India regional forum to IR-1/CR-1 Spouse Visa Process and Procedures*****

You mean he filed an I-130? The average time for I-130 processing at TSC (for other VJ members) is 385 days. You are in normal processing time. The entire process from filing to having the visa in hand will be 18-24 months.

Water bill in Spanish? That seems odd. Proof of domicile is needed for sponsors and joint sponsors.

Apples and Oranges. But, you are free to try. Good luck.

Thanks. It was my honor.

Believe me, parts of the immigration process have been agony. My wife's I-751 took 44 months from filing to approval.

***Moved to the China regional forum****