Dear masters of the immigration process, hello to all!
My name is Calin and my wife and I are living in Romania. My wife is a US citizen and she petitioned for my immigration with the USCIS. We have sent all the required documents and are now in the checklist phase. I have looked through the forum and could not find a post with our simmilar problem. Maybe you could help us or point us to an answer. Your assistance will be deeply appreciated.
So, here it goes:
1. On the I-864 form we wrote that my wife is unemployed since 2010. Her income has been 0 since then as she was living in Romania with her sister in the past 4 years, so she has not filed a tax return with the IRS in this time. We managed to get a transcript from the IRS of her latest tax return, from 2010. According to the IRS you don’t need to file a tax return when you don’t have an income.
2. On the I-863 form, on "most recent tax year", we wrote 2010 (Part 6, question 13a) and submitted the above mentioned tax returns we got from the IRS by mail in Romania.
3. I have my cousin, a U.S. citizen in the U.S, who filed as a joint sponsor, considering my wife's income could not meet the minimum poverty guidlines.
Now, a few things to consider before I ask my question:
4. I have a steady income in Romania of about 20.000$/year. I have provided documents to show that this income will continue even if I will not reside in Romania. Therefore, on Part 6, question 6c and 10 of the I-864 form, I wrote my current income.
5. Combined, my wife and I have about 75.000$ in assets (land, a house in the country and around 15.000 in savings) that can be proven with documents. We chose not to include these assets in the original Affidavit of Support because we thought that my current income and my cousin's joint sponsor would suffice, but
today we have got a checklist e-mail from the NVC, stating:
"Please review the instructions below then refer to the final page of this checklist for mailing
I-864, Affidavit of Support Checklist
[x] The Affidavit of Support is an important legal contract between you and the U.S. government. During our review,
we identified one or more sections that were either incomplete or contained incorrect information. Please review the
additional instructions below then complete and submit a new Affidavit of Support. You can download the I-864
form and instructions at http://www.uscis.gov/i-864.
In Part 1. Basis for Filing Affidavit of Support, please correct the following...
In Part 2. Information on the Principal Immigrant, please correct the following...
In Part 3, Information on the Immigrant(s) You are sponsoring, please correct the following...
In Part 4. Information on the Sponsor, please correct the following...
In Part 5. Sponsor's Household Size, please correct the following...
In Part 6. Sponsor's Income and Employment, please correct the following...
[x] Item 13.a. You must include your ______2013_____________________________ tax and income information.
In Part 8, Sponsor's Contract, please correct the following...
The Form I-864 we received was missing the following page(s). Please ensure you include all nine pages when you
resubmit the form.
You must submit the following financial evidence:
[x] Proof of U.S. domicile; pages 3 and 4 of the I-864 instructions contain information on how to prove U.S. domicile.
[x] A written statement indicating why you did not file _______2013____________________________ Federal income
[x] ____2013_______________________________ Federal income tax returns, IRS printout, or Letter 1722 issued by
My questions are:
a)Should we resend my wife’s I-864 with “N/A” at item 13.a from Part 6, since she hasn’t filed her taxes for the past 4 years?
b)How can we prove US domicile if we live in Romania and the whole point of my immigration is to move to the US and the timing of our departure is inextricably linked with the date of my admission?
Should we rent an apartment from now, even though we don’t know at what point we will be arriving in the US?
c) Is it a good idea to include our assets(property+savings) in the I-864 Affidavit of Support form considering our joint sponsor is making about 5 times the minimum poverty quota?
Looking forward for your kind aid,