I have a joint sponsor for my husband's immigration case. The issue is that his stated income on his w-2 forms is very different than his annual income stated on his 1040 tax returns. The income on his 1040 is sufficient to support my husband but ...
Generally, the "total income" figure is what get's listed on the I-864.
However, if the W-2 doesn't account for all of that income, you can expect questions form USCIS on where the rest of the income came from. Likely there are other jobs (perhaps done as an independent contractor), investment income, etc. - perhaps there are other W-2 forms, 1099 forms (often given to contractors, or those earning income from investments) or other documentation as to where the rest of the income comes form that could be presented.
You and/or your joint sponsor need to discuss this with an attorney to see how best to document this.See question
Last year, we filed concurrently our i140 and i485 but unfortunately our i140 got denied. Now, the company is going to file a new i140. Is it possible to transfer the i485 from the old denied i140 to the new i140 that they are going to file? Thank...
Once there is no underlying I-140, the I-485s can no longer legitimately remain filed - USCIS generally denies these as well.
Even if you manage to file a new I-140 before the denial is issued, I don't believe USCIS could approve the pending I-485s. as my colleagues note, these will need to be refiled.
This is the big risk in filing the I-485s before there's an I-140 approval - sometimes necessary (when non-immigrant status can no longer be extended, or for other reasons), but a risk nevertheless.
Speak with a lawyer directly for advice moving forward.See question
My husband (an american citizen by naturalization) and I (originally from France) are filling my application for a green card (I-485, I-765, I-130, I-131) He has been meeting the financial requirements to be my sponsor for a year (since he got hi...
I agree with my colleagues -you definitely need to submit the I-864 up-front. While a W-2 is only relevant to show which of the income reported is your husbands if the return included income from you both, you may find that USCIS comes back and asks for the W-2 anyway, even if not required.
We've found that the Affidavit of support and connected documentation is a very common ground for USCIS inquiries -even where alternative (and perfectly allowable) means of meeting the requirement have been provided and clearly explained in a cover letter, or even where what has been requested isn't legally required to meet the support obligation.
so, if possible to obtain a duplicate copy of the W-2 from your husband's employer, I would recommend doing this.
If your husband can show assets of his own (not joint assets) in excess of three times the income requirement he must meet, this can be provided -but it's difficult to use this avenue with overseas assets.
speak with an attorney for further guidance.See question
I am married from American citizen
I agree with my colleagues. Attorney Guerbadot provided the most direct link for entering your case number online and obtaining status, there there's a link on this page that lets you create an account, enter your case number, and get e-mail or text alerts.
That said, as my colleagues note, the updates aren't helpful -they normally show only the most recent case activity, not how close you are to the next activity. If they show that an inquiry has issued, they don't tell you what this is about. certain case types (the I-130 in particular) often don't sync correctly between the main CLAIMS system that USCIS uses to handle adjudications and the system that powers the web site.
So, this may not be too helpful -best to stay in close contact with your attorney.See question
I am on H1B, Switching from employer A to employer B, have I140 approved with March 2011 priority date. If Employer A revokes I140, do I loose my priority date ?
This is really something which should be addressed in depth with an attorney directly - primarily the Company B employer.
Generally, even withdrawal of of the I-140 by the employer doesn't invalidate it for purposes of priority date retention/extensions of H-1B status post-sixth-year (the answer is different for USCIS revocation of the I-140 for fraud).
As my colleague notes above, only the priority date can be preserved; employer B still needs to begin a new permanent residence case from the beginning absent an I-485 for you on file and pending 180 days or more.
Talk this through with your attorney.See question
Hi, I have green card through my wife.my green card issue date is 23Aug2013. Last year in june my wife get citizenship..now she is US paport holder.plz tel me can i apply citizenship in current year or not.
From what you say, not in the current year. With one exception which does not sound like it applies to you, a person is only eligible for naturalization five years from the date permanent residence was first approved (though they can submit an application 90 days before that).
Speak with an attorneySee question
HI everybody my wife was working on H1B till september 2015. Her H1b was suppose to expire in Jan 2016. She has an approved I140 so the company filed for her H1B extension (after 6 years) before she left job. Then we filed to move to H4 after s...
I agree with my colleagues -this is really too difficult to answer here and you need to go through the entire situation with a qualified immigration attorney.
The timing is really the issue: the interplay of which was last approved, H-1B post-sixth-year extension or H-4 - controls your wife's status here, and whether she then needs to correct this by either filing a new petition or application or leaving and reentering in the preferred status (presumably H-4 if no longer in the job).
Speak with an attorney.See question
I am currently on grace period after completing OPT and waiting for approval of H-1B. Unfortunately, I had been charged with DUI and my arraignment is on June 2. I have received an email from U.S. Embassy: Your non-immigrant visa, issued by the U...
You mentioned that you have already consulted an immigration attorney - this was wise, and the advice provided by an attorney directly after a full discussion of your situation should supersede anything we can tell you here based on a written question.
A change of status while here - if granted -should permit you to stay, as would re-enrolling. the visa stamp discussed by the consulate is an entry document, and doesn't control your stay while here. the I-94 (whether a new one on an approved change of status to H-1B approval or the original D/S F-1 I-94, when combined with a new I-20).
I am, however, very curious what this "new information" would be that triggered this notification form the consulate; this is concerning.See question
Hi.. Iam Kumar, Applied H1b through consultancy in 2014, got RFE , employer told me their was many queries about his company , and he told me he is going to withdraw my application. on March 29th 2016 i got email that application is withdrawn. ...
I agree with my colleagues that a petition can't be approved or sustained without employer support -if they've withdrawn the petition, there isn't something you can rely on here.
I do think a conversation the attorney who handled the petition is in order here to clarify the situation; it would be unusual to get this update after a withdrawal. The withdrawal may simply have been incorrectly recorded in the online system.See question
My ex husband had crossed the US border illegally and was a illegal immigrant with no chances of obtaining legal status. He married me and kept me as his wife for 6 years. After one month of receiving his green card he divorced me. This was a comp...
If you feel there has been fraud here, you are within your rights to write a letter to DHS stating this. but, this doesn't mean they will feel that this is worthy of investigation or that anything will be done.
Clearly your husband DID have some chance of obtaining legal status if he did so through you. But a six year marriage resulting in a child isn't the strongest case for fraud - in fact, it looks more like a real marriage that simply didn't work out, or at least that appears like it was the case initially.
There's also the question of your child together - you may well have a completely legitimate reason to be angry with your ex - but is it really best for your child to deport his or her father (assuming he still takes some part in the child's life, and can better provide support here in the US)?See question