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Delicia

YAY! taxes filed

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Filed: AOS (apr) Country: Chile
Timeline

I feel good. I accomplished a good thing.. completing my U.S. tax return. Now, here are the concerns.

My 2007 return is $3k less than the poverty line (I started my job in Oct and was unemployed living in Canada prior to starting work in the U.S.) for the 3 people (myself, husband, 1 dependent child). With my savings included though, I have the $21K needed to hit the mark. My annual salary is more than double the required minimum, but due to the short time, it obviously doesn't look like it.

I didn't file a 2006 U.S. return as I was unemployed the entire year and living in Canada. My 2005 return is well above the minimum requirement for 4 people (I had an additional dependent then who has since grown up).

1. Do I have to have 3x in assets to make up the 3k shortage in my annual income for 2007 or just the $3k? (I am just considering using liquid cash and not value of non liquid assets)

2. Since by the time I have to submit my Affidavit of Support in 2008, my latest paycheck will (probably) show that I my Year to Date earnings are enough to cover the minimum requirement, should I just file the EZ using income only?

3. Should I consider a joint sponsor?


My blog

10/01/2005: Married in Toronto

02/15/2006: Began Canadian Immigration

09/19/2007: Withdrew CIC application (they still hadn't processed anything)

10/01/2007: Moved back to U.S.

----------------------------------------------------------------------------------

IR-1 application through Montreal Consulate

10/26/2007: I-130 mailed to CA Service Center

10/29/2007: USPS confirmation of receipt of I-130

02/13/2008: NOA-1 received (107 days)

07/02/2008: I-130 approved

07/22/2008: AOS filed including EAD and AP

07/25/2008: NOA-1s for all 3 received

08/20/2008: Biometrics appointment

08/22/2008: Received RFE for Affadivit of Support and Medical

10/21/2008: Submitted I-865W in lieu of co-sponsor and medical info to NSC

11/14/2008: online case status not updated since filing of AOS in July 2008

01/20/2009: Received another RFE for Affadavit of Support Info

02/02/2009: Responded to RFE with brand new AOS based on 2008 tax return (if that doesn't shut them up, dunno what will)

02/19/2009: EAD card received in mail (no updates on Online Case Status ever made)

02/23/2009: AP received (again, no online updates)

02/26/2009: Received interview appointment letter for 4/6/09

04/06/2009: AOS approved for unconditional GC

04/21/2009: GC received

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

1. Do I have to have 3x in assets to make up the 3k shortage in my annual income for 2007 or just the $3k? (I am just considering using liquid cash and not value of non liquid assets)

You will need the $ 9000.00

2. Since by the time I have to submit my Affidavit of Support in 2008, my latest paycheck will (probably) show that I my Year to Date earnings are enough to cover the minimum requirement, should I just file the EZ using income only?

Yes, this should be sufficient.

"If the income is at least 125% (or 100% as applicable) of the governing Poverty Guideline in the Form I-864P, Poverty Guidelines, from the year in which the Form I-864 was filed, the Form I-864 is sufficient". link

3. Should I consider a joint sponsor?

Absolutely. If I were answering this for anyone else, the answer would be no, however since you are the accidental immigrant and this is your family I say have a joint sponsor available.

Now, since technically, with your current income, which you are going to send proof of, you will not need a joint sponsor I don't know that I would personally send in the joint sponsor information to the NVC - they will just have to send it back to you and that might hold up your application (don't want to send anything out of the ordinary) - but that is your call.

Joint Sponsor Not Needed . If the petitioning or substitute sponsor meets the income requirements based on his or her own income, there can be no joint sponsor. If any additional Form I-864s from joint sponsors are included in the record, they should be removed from the file and returned to the intending immigrant. It is very important to remove all unneeded Form I-864s from the file so there is no confusion about who is legally responsible for the immigrant and any deeming or enforcement actions. (link as above)

However, if you decide not to I would absolutely have an additional I-864 filled out by your joint sponsor and have that ready for your Husband to take to the interview.

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Filed: AOS (apr) Country: Chile
Timeline

Thanks madam. I will have the $9k in the bank shortly and will do with that, if need be. My husband is matching my savings contribution; it's kind of a race to see how much one can save without scrimping on things like toilet paper or food or most importantly, shoes!


My blog

10/01/2005: Married in Toronto

02/15/2006: Began Canadian Immigration

09/19/2007: Withdrew CIC application (they still hadn't processed anything)

10/01/2007: Moved back to U.S.

----------------------------------------------------------------------------------

IR-1 application through Montreal Consulate

10/26/2007: I-130 mailed to CA Service Center

10/29/2007: USPS confirmation of receipt of I-130

02/13/2008: NOA-1 received (107 days)

07/02/2008: I-130 approved

07/22/2008: AOS filed including EAD and AP

07/25/2008: NOA-1s for all 3 received

08/20/2008: Biometrics appointment

08/22/2008: Received RFE for Affadivit of Support and Medical

10/21/2008: Submitted I-865W in lieu of co-sponsor and medical info to NSC

11/14/2008: online case status not updated since filing of AOS in July 2008

01/20/2009: Received another RFE for Affadavit of Support Info

02/02/2009: Responded to RFE with brand new AOS based on 2008 tax return (if that doesn't shut them up, dunno what will)

02/19/2009: EAD card received in mail (no updates on Online Case Status ever made)

02/23/2009: AP received (again, no online updates)

02/26/2009: Received interview appointment letter for 4/6/09

04/06/2009: AOS approved for unconditional GC

04/21/2009: GC received

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Thanks madam. I will have the $9k in the bank shortly and will do with that, if need be. My husband is matching my savings contribution; it's kind of a race to see how much one can save without scrimping on things like toilet paper or food or most importantly, shoes!

Yes, good plan, should never hold back on getting the quality TP!!

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