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toaosornotto

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Everything posted by toaosornotto

  1. Yeah, this makes sense to me now. Yes, during my J1, DoS found me CSPA eligible and now I am IR2, minor child of USC.
  2. Wrong assumption. This is a child of USC parent case. I am doing a J1 program in the US so I live separately from my parent. My J1 sponsor wants to offer an official position separate from the J1 program. I will start working in this position when I get my EAD.
  3. To use beneficiary's income, does the beneficiary need to reside with the petitioner?
  4. How? I am on a J1 visa and my program ends in a few weeks and can only be extended if I get my EAD. Can I get a job on an EAD and use that income?
  5. This is always the first preference, but unfortunately no one is agreeing to be a joint sponsor. I am considering going back if I can't overcome this.
  6. I have additional funding of $10,000 listed on my DS-2019. This is from my home university and personal funds. Can these funds count?
  7. Will it help if the J1 program is well-reputed (think Harvard/MIT level, cannot give details in a public forum) and I am being invited instead of applying there myself? And is there a way the consular officer would know about the reason for not being able to immigrate?
  8. The petitioner does not make enough income and I do not live with the petitioner. I am currently participating in a J1 program that pays me a stipend that puts me above the 125% of poverty guidelines. The income will continue once I get my EAD. I have paystubs of 6 months and can have an employment letter (it will be an appointment letter) stating the income will continue once I get my EAD or GC. Is this fine to include to overcome the public charge? Or do I need a tax return?
  9. What would you suggest I do here? I have to come back here on another J1 to complete my research. Can I have the I-130 cancelled somehow? It may be difficult to convince him to sign a letter requesting withdrawal. Is it wise for me to do his own signature to cancel it? Or can I tell the embassy I didn't pursue adjustment of status because I found out my father did this? Will I be able to get another J1 this way?
  10. I am in a bit of a dilemma here. I am on a J1 visa in the US and can adjust status. But I just found out my father, the petitioner, committed polygamy. He obtained his green card through a second marriage and is now a citizen. Can this be a problem for me if I obtain a green card through him?
  11. What is the source of the immigrant intent? Is it the I-130? Because my J1 was approved despite having an approved I-130 (preference category was F1). Or is it being CSPA eligible and having preference category IR2, which presumably should be fixed by withdrawing the I-130 and instead of adjusting status, coming back to the home country? I am just having a hard time understanding how one can have immigrant intent if you choose not to immigrate despite having the opportunity to do it? I have not filed I-485.
  12. I will be asking the petitioner to cancel the I-130. The I-130 was filed and approved before I applied for a J1 and the J1 was approved as well. However, that was when my immigrant category was F1. During my J1 visit, DoS has found me CSPA eligible so now it is IR2 and I can adjust status. Sadly, I cannot overcome the public charge so I am considering cancelling the I-130 and coming back on another J1.
  13. I have a joint sponsor who is an Uber driver and has Form 1040 line 9 total income much less than the requirement ($25,550). But his gross income on Schedule C line 7 is much higher. Can this be used as income for Affidavit of Support?
  14. I am currently in the US on a J1 visa. I am able to adjust status (child of a USC) however I am not able to find a joint sponsor to satisfy the financial requirements. The embassy in my home country is backlogged by at least 2 years. My current J1 program wants me to come back in a few months on another J1 visa. Will I be able to get another J1 if I cancel my approved i-130 petition and go back home?
  15. No, I am in the U.S. and will be adjusting status if this is not a mistake.
  16. My petitioner lives in the U.S. in GA. Got it, I will fill my timeline soon.
  17. I think it's a mistake because my parent the petitioner naturalized after my 21st birthday, so it should be F1 which it previously was. Now it is IR2.
  18. The following are the dates: Date of Birth: 09/25/1998 Priority Date: 09/19/2019 Parent Naturalization Date: 11/01/2019 I-130 Approval Date: 01/05/2021 My category was F2A before and was converted to F1 after my i-130 approval. The F2A category has been current from September 2019 to January 2021. A few years later in February 2024, I received a message from NVC stating I am CSPA eligible. I think this is a mistake because my parent naturalized after my 21st birthday. How should I proceed?
  19. My petitioner doesn't make any income. Do I also need to include his tax transcripts? He has not filed the past 3 years tax transcripts due to not having an income. My joint-sponsor makes $32k/year for a household size of 1 + 1 (including me). This seems to be above the $25,550 requirement listed on the website. Is this enough or is another sponsor needed? Also, do I need to include the last 6 months paystubs?
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