The right form to file the AOS (I-864 or I-864EZ ?)

[danielenglish 3]

Hi guys,

My wife's PD is april 09 2014 and therefore I am getting ready with all the documents I need to send as soon as I will have paid the fees (AOS and IV fee) and filled the forms (DS-261 and DS-260).

As you probably know, on the official web-site of the Government (where the "Immigrant Visa Process" is broken down step by step) I have found multiple forms in order to file the AOS.

In particular, I am not sure between the form I-864 and I-864EZ.

And in fact, on the VJ forum I have read in many occasions that the most common one is the I-864 whereas the second one is easier BUT you need to qualify for it.

Now, as far as I can see, the three requirement are pretty wide; 1) I am filing for my relative (my wife); 2) there is only one applicant on the form I-130; 3) I am using only my salary to qualify (and it is shown on the forms I will attach as a support documents).

Is that all?

If so, do you confirm that filing the I-864EZ is better?

Thanks a lot in advance for your advice!

[Moustafa/Crystal 65]

I used the 864EZ, and my situation was the same as yours...filing for spouse, only one applicant, only used my salary.

By the way you can send in your AOS/IV packet in as soon as you pay the AOS fee. (Maybe even as soon as you get your welcome letter checklist, but no one seems to know if this is okay to do.) Send everything in one packet and get that clock going.

Edited May 3, 2015 by Moustafa/Crystal

[sbai2000 31]

@Daniel - I read somewhere on VJ that the 864EZ form is easier but gets more checklist.

based on that, I am still deciding if I should go ahead and just do the 864.....I cant afford a checklist...

[danielenglish 3]

Thanks for the replies!

Wow, do you know why the 864EZ gets more checklist?

I mean, provided that you fulfil the requirement, it should be fine.

Probably, that happens (likelihood to get checklist) because in the 864EZ there are less information to entry and therefore if it is not "perfect", it may result in missing information (and consequent checklist).

What do you guys think?

[vlad77 9]

I-864ez gets more checklists because it has some flaws: some check boxes you mark on the computer turn out to be unchecked when the form is printed out. Just make sure you go through it after printing it out and ckeck all the check boxes, which are to be checked, with a pen. Use this form if you qualify, it's shorter and easier than the basic form.

[sbai2000 31]

@vlad - thank you for that insight. very helpful!

[SusDan7 2]

Hi guys,

My wife's PD is april 09 2014 and therefore I am getting ready with all the documents I need to send as soon as I will have paid the fees (AOS and IV fee) and filled the forms (DS-261 and DS-260).

As you probably know, on the official web-site of the Government (where the "Immigrant Visa Process" is broken down step by step) I have found multiple forms in order to file the AOS.

In particular, I am not sure between the form I-864 and I-864EZ.

And in fact, on the VJ forum I have read in many occasions that the most common one is the I-864 whereas the second one is easier BUT you need to qualify for it.

Now, as far as I can see, the three requirement are pretty wide; 1) I am filing for my relative (my wife); 2) there is only one applicant on the form I-130; 3) I am using only my salary to qualify (and it is shown on the forms I will attach as a support documents).

Is that all?

If so, do you confirm that filing the I-864EZ is better?

Thanks a lot in advance for your advice!

Hello Daniel,

We are in the same scenario; as my wife is sponsoring only me and her annual income for past 3 years is below respectively.

2012- USD 27,456.00

2013- USD 27,805.00

2014 - USD 21,039.00

Hope this is sufficient to go with I-864EZ.

[nilx25 18]

Hello Daniel,

We are in the same scenario; as my wife is sponsoring only me and her annual income for past 3 years is below respectively.

2012- USD 27,456.00

2013- USD 27,805.00

2014 - USD 21,039.00

Hope this is sufficient to go with I-864EZ.

You should be ok because you need 19900 for family of 2. Sometimes people make mistake counting household members. They look at tax return for house hold members. If she has parents or sibling on tax return, then they need to be counted as household members annd that increase limit for poverty guideline. If she has parents as dependent, then her household count is 4 because immigrant is also added.

[OLee 64]

We filed I-864EZ, we got checklist for one mistake, but it WAS our mistake as we wrote down the wrong numbers to the wrong line. So it was our mistake, nobody else to blame for. The form itself is easy indeed and I think we just got relaxed too much while completing it. If you hesitate or not sure about particular spots - ASK the question here or call NVC. We were very sure we were right, but we weren't

[j&ana 363]

You can use the I -864ez form. It is a easier form to use.I use it

just make sure you use the right income.

Some people confuse the 864ez with the 1040ez and put the wrong income in

if you file 1040 or 1040a you will use gross total income no matter whag 864 form you use.

If you file 1040ez you will use adjusted gross income no natter wbich 864 form is use

after you print check the form to make sure all the anwers are complete

[sbai2000 31]

@ J&Ana - so for 1040A married, filing jointly, you would use TOTAL income - Line 22 tax form, correct?

[j&ana 363]

yes that is correct

Edited May 3, 2015 by j&ana

[danielenglish 3]

Hi guys,

Thanks a lot for contributing in the conversation.

I am prety sure I qualify (as explained above); the only thing - that maybe some of you remember - is that I am new in the US and started working in october 2014 with the consequence that I do not have tax return for the last three most recent years.

I only have one (for the 2014).

However, when I went to USCIS and asked about that they told me not to worry because they will understand I am new and will accept the only tax return I filed.

Other than that, I feel pretty comfortable I can use the I-864EZ.

J&ana, what do you exactly mean by "the right income"?

Is that the annual gross income or something different?

Thanks!!

[j&ana 363]

correction it is line 22 total income for 1040. I think it is line 15 for 1040a total income

[j&ana 363]

Hi guys,

Thanks a lot for contributing in the conversation.

I am prety sure I qualify (as explained above); the only thing - that maybe some of you remember - is that I am new in the US and started working in october 2014 with the consequence that I do not have tax return for the last three most recent years.

I only have one (for the 2014).

However, when I went to USCIS and asked about that they told me not to worry because they will understand I am new and will accept the only tax return I filed.

Other than that, I feel pretty comfortable I can use the I-864EZ.

J&ana, what do you exactly mean by "the right income"?

Is that the annual gross income or something different?

Thanks!!

yes that what I meant I seen some people use I-864ez form and get checklist because they use adjusted gross income instead of total gross income when they file a 1040 tax form

adjusted gross income is only use if you file a 1040ez tax form

Edited May 3, 2015 by j&ana