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arrowI-864 - may be the worst form. Help!? Urgent
April 17, 2014, 2:11 am Last comment by Ryan H
Sam NZ



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Hey guys,

 

Currently finishing up the last form (I-864 as part of AOS from VWP) but our situation just got a little confusing. My husband has just this week accepted a job offer that comes with a significant pay increase. We're all set to post our forms in the next two days and will need to do so to meet the deadline. 

 

With his current income we don't quite meet the 125% of poverty deadline and would then include his brother's income as part of the household income (the three of us live together) and that would take us well over the poverty line. Should we just complete the form this way and keep it simple? Or would my husband's new income be easier to use and better reflect our situation? Bearing in mind the only proof we have of this income at the moment is his contract stating what he'll be making from next week. His last years tax return is obviously going to show a significantly lower income.

 

Where it gets even more confusing :wacko: ...  My husband and his brother both lived in New Zealand for 10 years as permanent residents and paid tax there when they were old enough to work (I understand they didn't need to pay federal tax to the US from what I've read here : http://www.irs.gov/Individuals/International-Taxpayers/Foreign-Earned-Income-Exclusion---Requirements    - They are both excluded)

But as a result neither have tax returns or income within the US for the last three years.

 

What do we do about this? Enter New Zealand income for part 6. 13b and 13c ? They both have W2's for the last year. Or do we leave them blank and need to supplement I-864 and I-864a with and explanation as to why there's only 1 year?

 

They don't really leave much room for anything outside the box on this one huh?

 

We really appreciate any help, Visa Journey has been such a gem

 



 
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arrowRefiling I-29F
April 16, 2014, 3:56 pm Last comment by Wendy71
Wendy71



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After a shock denial back in December we finally refilled our new petition 7th April today he received our receipt number, I would just like to say a thank you to Harpa and Jeanna for help through emails you gave me putting this new petition together it has meant a lot.



 
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arrowmy USA fiance is coming to stay
April 12, 2014, 1:29 am Last comment by christeen
paradise4ever22

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Hello can you please help, my fiance is coming to stay with me for a month, then we were going back to the states to meet her family,

but my vistor visa has been denied with not enough evidence that I will return to my country, as I am not working at the moment.

We want to get married, but after looking at all the information will it be better to get married in my country and then apply for a K3 or 

apply to go to the States on a K1, I will need a second sponsor as my fiance is only working part time, and her mother wants to be a sponsor,

does this make a difference for what visa we should be doing? I am worried that the K1 sponsor has to be a relative and if so she could not be my sponsor until after we are married and then she becomes a relative?

we want to get married either way but just wondering what the best way to do it is. and which way would be quicker for us to go to the states?

thanks in advance for any thoughts



 
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arrowI-765 Confusion!! - AOS from VWP
April 7, 2014, 10:32 pm Last comment by Sam NZ
Sam NZ



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When filing AOS from VWP and filling out form I-765 - how do you answer 

 

Question 15) Current immigration status (Visitor, student etc)

 

Am I still a visitor or should I answer with something like "Pending AOS" ???

 

Thanks heaps for any help!



 
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arrowI-130 address questions (AOS from VWP) So confusing!
April 2, 2014, 5:09 pm Last comment by blk
Sam NZ



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9 Replies



I'll start with our back story as I guess it's pretty relevant to any question. I really appreciate anyone having the time to help us out, this website is proving invaluable !

 

My now husband (27) and I (24) have been together for almost 6 years (5 of those in New Zealand where we met and lived together)

 

My partner came back to the states in October 2012 after leaving his job and to be with family as they had all moved back to the US (it was a pretty spur of the moment decision) but I remained in New Zealand as I was studying.

He ended up enjoying being back and got a job he was really happy about. I came over last year for 3 months to visit from May til August and we traveled around a bit.

I arrived under the VWP in January again to visit and planned to return home to continue the next part of my study after a 2 month stay here. We had had some discussion as to how this was going to work over the next couple of years (ie. him moving back until I was done in New Zealand then us coming to the states to live after that, just visiting during my school breaks, me trying to transfer to here with a student visa) but overall we couldn't come to a decision and agreed to decide after discussing more during my visit.

Shortly after I arrived it became apparent that we really didn't want to say goodbye again and we both enjoyed being here so we began doing a bit of research and discovered that we could actually apply for me to stay through marriage to him as a citizen.

 

We had always wanted to get married but hadn't made it a priority due to the huge costs that can be involved in a ceremony and we're still reasonably young/I was studying. It worked out really well getting married on a time limit! We ended up able to have a no fuss ceremony (which was lovely) in Big Sur with a friend who was certified as the celebrant to carry out the ceremony and were able to start our married life a few years earlier than we otherwise could have. 

 

I'm now going through the I-130 process and as seems to happen for everyone, questions pop up all over the show.

 

Once again any help/suggestions would be wonderful.

 

1) When looking at the sample form for I-130 on the visa journey site see  http://www.visajourney.com/examples/INS-Form-I-130.pdf

    It indicates that the example beneficiary (Question C 2.) should write their present address back in Australia - aren't they now technically living with their spouse in America? Is this important to show a person had intent to return? Or is the form aimed at those applying for AOS from K1 Visa?

 

In our situation my cousin has now moved my things in to storage in her garage for me and I've ended my New Zealand tenancy and tried to tie up a lot of loose ends as I intend to be here with my now husband, I also believed it was important to show proof of a bona fide marriage by showing a shared tenancy here (we've now put my name on the lease here.) Very confusing. Am I risking our application by not showing an overseas address?

 

2) Question C. 19 asks for your relatives address abroad? Should I just state my last address - the address I had when I flew over?

 

3) Question C. 21 If filing for your husband/wife, please give the last address at which you lived together?

 

Should I use our current address where we live together now and fill in the time as from January until present or should I use our last residence together in New Zealand in 2012?

 

Thanks heaps, I couldn't be doing this myself without the help of this site.



 
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