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SteveInBostonI130

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Everything posted by SteveInBostonI130

  1. 1. You can submit the offer letter with the contract. An offer letter by itself is not proof of employment. 2. You can add your spouse's income if his/her work will continue after they immigrate to the US. If the income is strictly for his/her current employment that he/she has to terminate when they move, you cannot include it. 3a. The decision is based on current income. What you make now: weekly x 52, or monthly x12, or biweekly x 26, hourly x 2080, etc. 3b. You will need to explain why you were not required to file taxes for the previous 3 years. State what you wrote here.
  2. 1. Who's work schedule? The K1 interviewee or the US citizen petitioner? 2. What country?
  3. Although it is food new in OP's specific case (not having to file I-751), I would not advise anyone to purposely place themselves in OP's situation. There are nightmare stories of being detain by local law enforcement and ICE, plus the constant fear of being caught out of status.
  4. 1st, the answer is No because the person (OP) was not the person cited, arrested, charged, etc. 2nd, the answer is No if the OP was the person cited for failing to yield and speeding because both are traffic violations.
  5. Advice to find someone to marry when the main discussion is about immigration is subject to issues. I found relationships difficult enough to find the "one" without factoring in "will she petition me for an immigration visa" into consideration.
  6. There is no timer that "resets". 4 months May to Aug 2023, then 5 months April to Aug 2024 is ok. 4 months Sept to Dec 2023 and 5 months Jan to May 2024 may pose issues.
  7. No. Your father will need to file a I-130 for you. A new one. It will be category F1. In it, your father should present the evidence of the old I-130 F2A petition, of which you were a derivative beneficiary. He would ask USCIS to apply that I-130 PD for this new I-130 for you. If they do, your PD would be 2005 or earlier (the date the old I-130 was approved). At the same time, ask your sister to file an I-130 for you, category F4. This is for backup, in case USCIS does not give you the old I-130 PD and your father passes away before your F1 immigration visa is obtained.
  8. First, you can apply for removal of conditions in July 2023. July and Aug have 31 days, so apply 2 days beyond the expiration date in Oct 2023. For example, if the card expires in Oct 21, 2023, then apply July 23, 2023. Wait for biometrics appt after submitting the I-751. Because your wife adjusted, they may re-use her AOS biometrics. Wait to confirm. After biometrics or notice that biometrics is waived, your wife can travel anytime with her expired GC AND the NOA1 from the I-751 filing. The NOA1 should extend her GC by 48 months. Travel outside the US for more than 6 months may lead to questions by CBP when she returns. Travel of more than a year will almost definitely lead to questions. There is no black and white rule about the duration away - it seems to be a judgement call by CBP whether to question US residency status. If your wife wants to naturalize as soon as possible, it is best not to travel for more than 6 months. She is eligible to file in July 2024. She would need 3 months residency in the state immediately prior to filing.
  9. When she filed to adjust status, I-485, she was given a conditional greencard after approval. What is the "Resident Since:" date on that card?
  10. I am doing fine, thank you. Did you pay the $220 immigration fee after your wife received her visa? It is recommended to be paid before travelling to the US. It has no deadline -- if you did not pay it you can pay now. Your wife should have been given a handout by the embassy with information about it. USCIS and US Em will not return submitted documents. Original documents that your wife showed at the interview should have been handed back to her, except for the police clearance certificate(s).
  11. I would ditch the gift receipts but the rest seem fine. Just include a cover letter explaining your relationship. Keep it short and to the point. I would state your background bullet points 1,3,5 and 6. The rest do not address the relationship.
  12. Your first visit they'll ask your purpose and duration of stay. They may question why or how can you stay away from your home for 3 months, or they just might rubber stamp your passport. Second visit there's at least 50/50 chance they will question why you have stayed so long on your previous visit and returned so quickly. They may ask if you are working while in the US. Third visit there is a good chance you are taken to secondary and grilled about your intentions and if you will or have worked while in the US. They may offer you to voluntarily revoke your application for entry and send you back on the next flight. Or they may revoke your visa and remove you which will apply a ban. Fourth and subsequent attempts will have a greater chance of CBP revoking your visa and applying a ban. At max, 4 months visit and 8 months away would reduce the chance of CBP questioning your travel pattern. Also, and this may be a sign of my age, but travelling every three months, especially internationally and having to deal with customs, seems physically draining to me.
  13. Correct. EIC cannot be claimed by someone with ITIN. But ITIN qualifies for the rest of MFJ benefits. For example, standard deduction of $25.8k vs $12.9k, and tax brackets that kick in at higher incomes bands than for MFS.
  14. You can file MFJ and W7 at the same time, and take advantage of MFJ standard deductions and tax table. That is how my wife and I filed our 2019 taxes. Got over 7k in refunds.
  15. To file MFS, you'd need to paper file with your spouse's SSN field hand-written to "NRA" (Non Resident Alien) You can file that way and amend your taxes within the next 3 years. Or you can fill out the W7 and paper file your 2022 1040 as MFJ. Send both to the IRS address for submitting the W7.
  16. ?? You do realize that by married filing jointly, with the W7 application, you get double the standard deduction and the tax tables are much more favorable? I would not be surprised if you are due a refund compared to filing MFS.
  17. For getting the I-864 approved? Or are you asking if USCIS may sue the petitioner to reimburse the public benefits that the beneficiary acquired? EDIT: From your other topics, it looks like your wife needs to submit the I-864 for her parents. The decision depends on your household income and ability to maintain that income.
  18. It could. You may need to prove the marriage was entered in good faith and not just to get a GC. They would be looking for evidence of a bona fide relationship until the circumstances that lead to divorce.
  19. I would report him to the police and file a report. Have the courts issue a restraining order, or the equivalent in your country. You have no immigration claim through him, unless he submits a petition for you. But with the domestic violence, I would assume you would decline moving to his home in the US. Stay safe.
  20. I-90 https://www.uscis.gov/i-90 Your parents can file within 6 months of the card expiration. They should be able to travel with the NOA1 from the I-90 filing, along with their expired GC. The NOA1 will extend the GC by 24 months.
  21. Current income is calculate as Crazy Cat and Mike E stated. Don't overthink this. If his pay was marginal - close to the 125% minimum mark - then think about how to qualify. With what you posted, even his low commission amount in March qualifies. Just calculate it based on his most recent paystub.
  22. Report them to CBP as soon as you can. CBP will flag the person for questioning. Best to provide them with any hard evidence you have regarding the person's criminal past.
  23. Contact the embassy so they are aware of the person applying. Send them evidence or their criminal history to back up your claim. Send a letter to CBP, just in case something slips and the person gets a visa. CBP can question him on attempted entry to the US.
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