I thought we told you that we felt that your daughter would not need a legally enforceable affidavit of support? However, it would be best if whoever in the U.S. is going to help you come here would give you a Form I-134 covering your daughter, which should make her ineligible for public benefits for 3 years, but if you and she do collect means-tested benefits nevertheless, the courts have ruled that Form I-134 cannot be used by the governemtn to recover any money from the sponsor who gave it (i.e., it is not enforceable).

Your husband, on the other hand, will need a Form I-864 from you, which is supposed to be a legally enforceable contract, and if you don't have enough income at that time to meet the minimum requirements, a co-sponsor or joint sponsor. The I-864 cannot be cancelled for anyone (even a joint sponsor) after the person has immigrated, however it automatically terminates when the immigrant naturalizes or can be credited with 10 years of work. So whoever gives an I-864 technically has a legal obligation to keep the immigrant out of poverty.

Cool

That mean I told my friend to prepare the I-134 to my daughter and I-864 to my husband.

But it is effect if start with my husband proccess or my daughter first.

Regards

Let's try this again, I hope you're starting to understand more of what we've been trying to help you with.

I-134, for your daughter, never legally enforceable on the sponsor. Just tries to disqualify you from applying for cash public benefits on her behalf for 3 years (it might not even do that).

I-864, for your husband, is an effective and legally enforceable contract on the sponsor/sponsors upon your husband's entry into the U.S. with an immigrant visa and until he naturalizes or is credited with 10 full years of work.

You daughter and your husband would be entirely separate cases, with separate I-130 petitions, at least that is as you have described your situation to us and our understanding of the usual process. It does not matter which one you do first, and you do not need to do them together.

Dear I understand that

but I need sure what my friend sent to me (I-134 for my daughter, and I-864 for husband) with W-2 and prove domcline

and i start with my husband becasue I already fill I-130 for him

so dont be mad of me and my engilsh not very good


Regards

Do you mean the I-130 you filed for your husband in 2005? I'm not sure that is still good. Did they tell you that they were going to cancel it? Or, is this another I-130 you filed for him?

The instructions to the I-134 and the I-864, and the forms themselves, give your friend the information he needs on what needs to be submitted to prove his eligibility to sponsor. Typically, the supporting evidence involves tax returns, w-2's, employer letters, copy of driver's license, etc.


I'm not mad at you, and I do realize the English can be difficult to understand.

Actually, if your friend is actually going to joint sponsor with you for your husband by giving an I-864, might as well include your daughter on the I-864 as well and forget about the I-134...

The I-864 still won't be legally enforceable against the sponsor if you receive cash public benefits for your daughter, because the I-864 contract will automatically terminate when the daughter enters the U.S. and becomes a U.S. citizen!

If you've filed an I-130 for your husband already, you might also be able to do a K3/K4 petition for your husband and avoid dealing with the I-864 entirely for now; to do that, you'd need to file Form I-129F with USCIS at the U.S. service centers.

Good luck!

Dear

Yes I mean the old I-130 that I fill in 2005.I don't know if it canceld or not .

and my friends said it ok for I-864 so for that I will tell him to make two of I-864 one for my husband and one to my daughter and with W-2 and domclin and driver license ... etc



If you've filed an I-130 for your husband already, you might also be able to do a K3/K4 petition for your husband and avoid dealing with the I-864 entirely for now; to do that, you'd need to file Form I-129F with USCIS at the U.S. service centers.

Sorry can u explian that . What the benfit and where can I fill it (Amman) ?


Reagrds

I'd check with the embassy... Petitions are supposed to be cancelled after 1 year of no response, although they can also be reinstated in some limited circumstances (see below). When did you last hear from the embassy about that petition? BTW, the I-864 is also only good for 6 months from signing...




More important than just getting two original signed affidavits, they both should also list both your daughter and your husband as persons being sponsored. As I've mentioned earlier, the joint sponsor really will only be sponsoring the husband, as the daughter will become a U.S. citizen immediately.



That is a nonimmigrant-like benefit for the spouse of U.S. citizens that would allow your husband and your husband's child to get a K3 and K4 nonimmigrant visa and then apply for permanent residence from within the U.S. The petition has to be filed and approved in the U.S. however, not the embassy. If you can file the I-130 at the embassy and can get an I-864 from a joint sponsor now, better to do that I'd say.

Thanks for ur support

Hi there

How r u ?

My friend send to me one copy of the IRS 1040 for (2004,2005,2006) and w2 and somthing like form 8821 and certification of life birth and the 1040 include schedule A for (2004,2005,2006) and schedule D for (2006) and schedule EIC for 2006

is this enough or what I need?
and about I-864 can he just download it from site and fill it then sign and sent to me or it must be notarize ?
because he told me if a lawyer fill it the must pay 650 for each (one to my daughter and one to my husban) it mean 1300 $

Can I make one form I-864 for both (my daughter and my husband) and I start my I-130 from begining that mean I forget about that I fill in 2005 and start to fill new one for my hasband and one for my daughter with one I-864 ?

many thanks for your support
Regards

Dears

Any comments ?

Because they are immediate relatives of USC and need separate petitions and will be processing separately, must have two I-864's, and on each I-864 list the other person in part 5, question 21 under "persons not sponsored by this affidavit."

He can download Form I-864 and fill it out himself without a lawyer. There is no requirement to notarize it anymore.

Dear many thanks

About the IRS 1040 and W-2 for the year (2004,2005,2006) do I need for 2007 and orginal copies for each petition ?

and is they enough or I need more documents for I-864 ?


Regards

2007 tax returns cannot be required before April 15, 2008. So, no, you don't need them at this time.

You need an original signed I-864's, all the other supporting documents can be ordinary copies.

You need to submit I-864's also; you are the sponsor, your friend is the 'joint sponsor'.

The supporting documents for I-864 are usually:
- proof of citizenship (birth certificate, U.S. passport, naturalization certificate, or cert. of citizenship)
- proof of domicile in the U.S. (U.S. driver's license, utility bill, etc.)
- proof of sponsor's income (IRS tax transcripts or IRS 1040 with W-2's, for at least the past year but earlier years also accepted and can be helpful)

For yourself, you probably want to include a letter explaining that you were not required to file U.S. tax returns because your income was too low (U.S. citizens are taxed on their worldwide income), or if it was high enough, you should now file 1040's for the last three years (you probably won't owe any money if your income was under the "foreign earned income" exclusion amount) and submit copies of them along with any foreign tax returns you filed instead.

Dear many thanks

About the IRS 1040 and W-2 for the year (2004,2005,2006) do I need for 2007 and orginal copies for each petition ?

and is they enough or I need more documents for I-864 ?

you mean I add my husband in part 2 and leave part 3 empty and add my daughter in persons not suport in this affidavit and vice versa in other form I-864

Regards


Regards

dear

about domicile how I prove that and I never see USA?

and I work for some time with very low income its 200$ in month so I think I not need to fill tax is it true ?



regards

and this I see in IRS 1040 for three past three year

my frined income for the year 2004 is (45,888) and year 2005 (44,911) and for year 2006 (33,532) and his household size is 4 and with my daughter and my husband is 6 so the poverty guidlines for 2007 is 34,512 for 6 household size what can we do for that ?

I haven't checked the numbers, but 125% of poverty level for a household size of 6 is what his income would need to show.

It seems like 2006 might be a problem from the data you gave. 2006 is the most important year too! Are you sure you looking at GROSS INCOME and not ADJUSTED GROSS INCOME? (Gross income should be given for the tax data on I-864) If so, are any of the other household members over age 18 and with additional income? They would complete a I-864A to combine their income with his to make the I-864 sufficient.

I think they have some rule at the embassy for DCF cases to handle the domicile issue (something to the effect of, "will enter the U.S. with the immigrant, and will therefore be domiciled in the U.S. at the time of the immigrant's entry"). Therefore, I wouldn't worry about it right now, and the consular officers know how to approve it even though you are not presently domiciled in the U.S.

Your income is too low to be required to file a tax return. In 2003, the standard exemption for single/married filing separately was $4,750. It has only gotten higher since then. If you income has been below that amount, just include a letter explaining that you income was under that amount the last three years and you were therefore not required to file. Still list whatever your income was on I-864, even if just $200 for a year. That's what I would do, anyway.

Yes, in Part 3, you just check YES for "I am sponsoring the principal immigrant named in Part 2 above." There are no accompanying family members, that is for family-preference and some employment-sponsored immigrants coming on one petition, but not for immediate relatives which need separate petitions.

I dont know but check the picture for 2006

Line 22 is GROSS income. In that image, it is $33,532.

The poverty level guidelines can be found are here:
http://www.uscis.gov/files/form/I-864p.pdf

For 2006, the 125% povery level for a household size of 6 in the continental U.S. is $33,500.

That's real close, but it does just make it.

I would definitely include the 2005,2004 years also with the I-864, especially because these values are so close.

Good luck.

Yikes, that is a bad link and was for the 2006 poverty guidelines, not 2007. You need to meet the 2007 levels.

This is the proper link:
http://www.uscis.gov/files/form/I-864P.pdf

And you're right, the 125% poverty guideline for household size of 6 for 2007 is $34,512.

There are three things that should be done:
1) Also, I'm hoping somebody else here can help me out, I'm not sure anymore if the household is 5 or 6. Two immigrants are being separately petitioned and sponsored at the same time. The Form says they have to be lawful permanent residents already to be counted, which they won't be until they enter the U.S. (and even then, one will become a USC instantly and no longer be sponsored). If it is actually supposed to be 5, you're clear as is.

2) An additional set of supporting documents, which I forgot to mention earlier, are a current employer letter and copies of last 3 paystubs, to substantiate current year income.

3) Are any of the 3 other household members over age 18 with additional income to combine who would sign an I-864A to bring up his total income to the required minimum?

I dont know about household member if they can fill I-864A

but

34512$
-
33532$
=
980$
*
5
=4900$

if he had this money in bank can it help us ?

Regards

Yes, I think using assets is another excellent option.

You're getting expert on the I-864!

thanks for your time and support

becasue of u I got expert

Dear

one more question

Why I need put the both name in I-864 ?


Can I put my husband first I mean the houshole size will be 5 and the other form for my daughter I count my husband and make the household size is 6

That mean my husband not geting problem go in process and my daughter we can put 5000$ in bank and for her and when she arrive to USA we cancel her I-864 and get out the money from bank. Can I?

Regards

The resulting household size is going to be the same. Again, as I ask yesterday, I'm not sure if your resulting household size is 5 or 6. Strictly interpreting the instructions, it appears to be 5 (for both, or course), since neither affidavit is effective yet. And, since your daughter's I-864 will never become legally effective, it seems 5 is the best answer looking at it that way too. I guess, if I were doing this, I'd use 5 on both unless the consular officer complained it had to be 6. I might try using I-864W for the daugter too before changing it to 6.

Dear

I think my case is not cancel that I filled it in 2005 for my hasbund

check this

Dear Madam:

The list of the requirements that you need to bring with you at the visa interview on 21st of feb 2008 at 08:00 am are:

1- DS-230 part 1 & 2 (forms available at our website).

2- Birth and Marriage certificate.

3- Family Book for Jordanian.

4- Police certificate from you country and any other country you lived in for more than six months after the age of 16.

5- Medical exam (you can co the medical exam either at Khalida hospital or Arab medical center).

6- Passport with copy of the passport.

7- Two photos.

8- Affidavit of support with proof of income.

If you have already sent any of the required documents to the National Visa Center or the embassy then no need to bring them to the interview.

Regards






--------------------------------------------------------------------------------
From: majed jassim [mailto:majedalanni@yahoo.com]
Sent: Monday, December 03, 2007 4:15 PM
To: IV, Amman (Amman)
Subject: My Case


Dear

In (04 May 2005) I fill I-130 for my husband (Majed Al-Ani) and the case number is (AMM2005124006) but unfortunately I am not meet the regiments of the form I-864 so I back to Iraq but know my friend in USA offer to be a joint sponsor.

So can I complete this case ?

Regards
Susan K. Al-Hashimi

Yeah, seems like they just scheduled an interview for him on Feb. 21, 2008!

Sure wish I could get my immigrant visa interview scheduled just like that!

ANY UPDATES???

Hi All


I go to interview for my husband and they said we need one more thing proof of domicile
but they already send my case to USA

so I need Job Offer for me or for my wife

But my friend in USA dont know how to make job offer so he send me a form for applying job in his restaurant so can I fill it and send to embassy or I send it back to him to sign it or what I do?

by the way I schedule an appointment for my daughter in 20-may-2008.


Regards

Hi,

I don't know if you are saying that you think they want to see a job offer or they actually said to you that they want to see a job offer.

You will probably need more than that to prove domicile.

As you have not lived in the U.S. for some time (or ever, sorry I can't remember) the U.S. Citizen will need to prove:

You intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant's admission or adjustment of status. From page 6 of the I-864

Some things you may wish to get:

- A U.S. bank account
- Apply for a Social Security number and submit a photocopy of your application (if you don't already have one) .
- A letter from yourself stating that you intend to reestablish your domicile in the U.S. (as quoted above)
- Anything that you can think of that says 'you are moving' - proof of sale of property, enrolling your child or children in school - or at least making written enquiries.
- Seeking employment
- Finding a residence in the U.S.. If you plan to live with family there, have them write a letter stating that.

Also from page 6 of the I-864:

You must submit proof that you have taken concrete steps to establish you will be domiciled in the United States at a time no later than the date of the intending immigrant's admission or adjustment of status. Concrete steps might include accepting a job in the United States, signing a lease or purchasing a residence in the United States, or registering children in U.S. schools. Please attach proof of the steps you have taken to establish domicile as described above.

Dear

They Just say we need a paper that one offer you a job and thats it because they are sure I am not back to IRAQ because the satiation in there!!! so I think its just a routine.

So I need a sample of job offer not application to apply for job.


Regards

Sounds like you have the answer to your question then?

But my friend in USA dont know how to make job offer so he send me a form for applying job in his restaurant so can I fill it and send to embassy or I send it back to him to sign it or what I do?

Good luck

If your friend writes a letter with his restaurants address etc on in and his contact details, Include in the letter what position he is offering and the pay rates as well as any benefits that he gives his staff. Tell him to put on it that "He eagerly looks forward to having your husband working for him".

Dear

I have my daughter interview in 20-may 2008 but the Jordan now request for visa for Iraqis and I request for a visa in 24-4-2008 till now I not get the answer of the visa so I will reschedule the interview two week more but I afraid I can get the visa

So can I fill I-130 in Turkey for my daughter and waiting the administrative process for my husband in Amman or I should transfer all case from Jordan to Turkey?


Regards

Okay, your message is a bit confusing...

Do I have these things correct?:

1) Your husband's had his visa interview and is now waiting for administrative processing.

2) You filed I-130 for your daughter in Jordan on 24/4/2008 and have not received a decision yet.

3) However, your daughter has a visa interview scheduled on 20/5/2008.

4) You are wondering if you can re-file I-130 in Turkey for some reason like because you are afraid your daughter will get her visa before your husband?


If the outline above is correct, why don't you just keep the visa interview appointment for your daughter, but just tell the consular officer at the interview that your husband is waiting for administrative processing and you want to all go to USA together and see if he can delay actual issuance until your husband has his visa?

If I'm mistaken, please make the necessary corrections.

sorry for confuse

1) yes
2) no I request a visa for my daughter to Amman not to USA in 24-4-2008
3) I must fill I-130 in 20-5-2008 in USA Embassy in Amman

So the problem is I am not get the Amman Visa to go to my daughter interview.for that I ask about fill it in Turkey if I am not get visa to enter Amman.

Ok---so the problem is you can't get to the U.S. Embassy in Jordan to file the I-130 petition for your daughter. What a mess! Even with your U.S. passport, you cannot get a visa to Jordan?

I would ask the U.S. embassy in Baghdad where you should go in this circumstance. They might be able to make an exception and actually process your petition and your daighter's immigrant visa via Baghdad since you cannot personally go to Jordan () and are entitled to file at an embassy, or they might be able to contact the embassy in Turkey and make the necessary arrangements for you to apply for the visa there.

I think the American Citizen services section of the U.S. embassy in Baghdad, even though it is not normally an immigrant visa issuing post, is the right place to ask what you need to do in this situation.

Dear

the visa not to me it to my daughter and my husband because I go to Jordan with my USA Passport without Visa.
but American Embassy in Baghdad it cant do any thing

So I thing If I not get Visa for them I will fill I-130 to my daughter in Turkey because it not need visa for Iraqis at least till now

but is it OK my husband case in Jordan and my daughter case in Turkey???


Regards

The rule is that only a U.S. embassy with jurisdiction over your place of residence (Iraq) can accept the I-130 petition from you. For Iraq, the embassy in Jordan has jurisdiction for immigrant visa processing, not the embassy in Turkey, so you can't just go to Turkey instead. Therefore, to file the I-130 in Turkey and apply for immigrant visa there, you will need some special permission from the U.S. embassy in Jordan that normally has jurisdiction.

Has Jordan actually refused the visitor's visa for your daughter, or is the decision just taking a long time? I think you need to wait for the final decision from them first. Then, if it is denied, you need to ask the embassy in Jordan to allow you to file it in Turkey or Baghdad. That's the way the DCF process is supposed to work, as I understand it.

Good luck.

Dear

the Embassy in Jordan answer that


"Dear Susan,

Unfortunately, the embassy is unable to help you with getting your daughter a visa to Jordan. If you are unable to enter Jordan, you may wish to consider filing at other American Embassies in other countries or file directly with the United States Citizenship and Immigration Services (USCIS) either in the United States or in Athens. For more details on how to file with USCIS, Please visit their website at: www.uscis.gov.

"

but I don't know why they not understand my situation so I reply them told them that my husband case in your embassy and till now they not answer me and I waiting them.


Regards

I think you should forward a copy of this email to Turkey embassy and ask them if they can accept your petition or help you file the petition with USCIS's Athens overseas office. On the petition itself, on line 22, request immigrant visa processing in Turkey and include a copy of the Jordan visa denial to support your request, because you may need USCIS processing. For Turkey embassy to actually approve the petition, you would be required to show (a) acting on the petition is in the U.S. national interest or ( an emergent or humanitarian situation exists. Both conditions are considered quite rare and extremely difficult to show. Baghdad embassy also may be able to help you file the petition with USCIS Athens office by mail.

These are the reasons why you should be sure Jordan is refusing the visa before applying somewhere else.

I wish I had found your thread sooner. I am so sorry to hear about the difficulties you are going through. My husband is Iraqi and I have been working to get him here in the United States since September of last year. Now we are close to being done inshallah. After my husband's immigration application was approved at USCIS I recieved a letter about a month later telling me that he was qualified for refugee processing and that it may be faster. I filled out the refugee applications they sent me and then I sent them to an office in Virginia. About 6 weeks later they arrived at the IOM in Jordan. They scheduled an appointment for my husband right away. It takes several months to complete the processing, but we preferred him to come as a refugee since that gives him benifits and help he would not recieve coming on a spouse visa. Have you recieved any information about this refugee program? All Iraqis with approved immigration petitions qualify to apply for refugee so it may be something to consider for you.

Dear

US embassy in turkey said cant be do that because you need live in turkey for at least 6 months and in Lebanon too.


So I request for them a visa to Amman another time and I waiting.


Regards

As I expected --- if Jordan still won't let your daughter go to the U.S. embassy in Amman, and the U.S. embassy in Amman won't give you permission to file the petition in Turkey instead, you'll have to file the petition by mail with the USCIS office in Athens (any U.S. embassy, including Baghdad, can help you to do just that). If you file with USCIS, after the petition is approved, the petition will be sent to the National Visa Center (NVC) and your friend in U.S.A. can correspond with NVC to get the immigrant visa appointment scheduled in Turkey like you want, but that whole process can take up to 1 year or more!

Any Iraqi refugee who has an approved immigration petition is eligable for refugee processing at any of the refugee processing centers. These places include Jordan, Egypt, Syria, Turkey and Lebanon. The US department of state website has all the information you might want on the process. Just google "Iraqi refugee processing" and look for any links to their site. USCIS also has some good information you may want to look at. Once you send your application (which allows you to indicate which country you wish to do the refugee processing in), it takes about 4 to 6 months for the family member(s) to be in the United States.

She is not an Iraqi refugee. She is a U.S. citizen who never lived in the USA but is living in Iraq wiith a non-USC natural daughter and spouse. She is trying to file the IR petition itself for her daughter to come to USA.