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Affidavit of Support Confusion - CR1, DCF Delhi

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Filed: Timeline

My Wife filed an I-130 for me at the Delhi Embassy, they accepted our application and gave me packet 3.5.

For the Affidavit of support, My wife is filling an I-864 for me along with her father who is filling an I-864A.

We have a few questions though :

1) Does my wife also needs to fill an I-134 ?

2) For the I-864 and I-864A we are including photocopies of W2s and 1099 from the last year. Photocopies are fine or do we need to submit the original W2s and 1099s?

3) Will the last year tax returns be sufficient or is it really required to have last 3 years? The last year ones are way over the 125% poverty guidlines.

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Filed: Citizen (apr) Country: Colombia
Timeline

1) Does my wife also needs to fill an I-134 ?

No, form I-134 is only needed for K1 and K3 visas, you're going for a CR1/IR1 visa.

2) For the I-864 and I-864A we are including photocopies of W2s and 1099 from the last year. Photocopies are fine or do we need to submit the original W2s and 1099s?

Only include photocopies, never give them the original tax documents.

3) Will the last year tax returns be sufficient or is it really required to have last 3 years? The last year ones are way over the 125% poverty guidlines.

They only request that you give them last year's return, but most of us have given them photocopies of returns filed in the last 3 years just in case. If you do have them, it wouldn't hurt to make copies of them. If not, then last year's return and W2 will be fine.

Diana


CR-1

02/05/07 - I-130 sent to NSC

05/03/07 - NOA2

05/10/07 - NVC receives petition, case # assigned

08/08/07 - Case Complete

09/27/07 - Interview, visa granted

10/02/07 - POE

11/16/07 - Received green card and Welcome to America letter in the mail

Removing Conditions

07/06/09 - I-751 sent to CSC

08/14/09 - Biometrics

09/27/09 - Approved

10/01/09 - Received 10 year green card

U.S. Citizenship

03/30/11 - N-400 sent via Priority Mail w/ delivery confirmation

05/12/11 - Biometrics

07/20/11 - Interview - passed

07/20/11 - Oath ceremony - same day as interview

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Does your wife currently live in the same house as her father or is she still living with you in India? If your wife is living with you still, her father needs to fill out the I-864 as the joint sponsor not the I-864A. If she has moved back to the US already and is living with her father, than you're correct to have the I-864A from him.


My Crafting Blog - On a Roll - Blogspot

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_______________________________________________________

US Immigration Timeline

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

24 Feb 2007 - Sent I-130 to London USCIS office (I'm the petitioner)

25 May 2007 - NOA2

2 June 2007 - Received Packet 3

12 Oct 2007 - Sent Packet 3 back by special delivery

5 Nov 2007 - Interview in London - Approved without any hitches!

7 Nov 2007 - Visa and MBE arrived by SMS! :)

30 Jan 2008 - Fly to Michigan!! :)

*Note: Any delays in our case are only due to us taking things slowly

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Filed: Timeline

My Wife is living with me in India since May 2008, but once we move back all 4 of us (Me and my wife and her mom and dad ) will live in the same household to start with. Her parent's house in the US is what we have used as our permanent address for the forms, so we figured I-864A needs to be used. Are you absolutely sure??

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
My Wife is living with me in India since May 2008, but once we move back all 4 of us (Me and my wife and her mom and dad ) will live in the same household to start with. Her parent's house in the US is what we have used as our permanent address for the forms, so we figured I-864A needs to be used. Are you absolutely sure??

Margot is correct. In fact, the title of the I-864A is:

I-864A, Contract Between Sponsor and Household Member

Your wife is not their household member, she doesn't live with them and I assume she was not claimed as a dependant on their last tax return - therefore they fill out the I-864. I guess if you wanted to stretch the meaning of the words 'principal residence' - she could consider herself a member of their household, since you are using it as your 'permanent' address, however, in my opinion, I don't think that is how it is meant to be used.

If you look at the instructions for the I-864A you will see:

Who May Be Considered a "Household Member" for Purposes of This Form?

For purposes of this form, a "household member" is:

A relative who has the same principal residence as the sponsor and is related to the sponsor as a spouse, adult child, parent, or sibling;

A relative or other person whom the sponsor has lawfully claimed as a dependent on the sponsor's most recent Federal income tax return even if that person does not live at the same residence as the sponsor;

The intending immigrant, in certain circumstances. (See""How Can the Intending Immigrant Be Considered a Household Member"?)

Edited by trailmix

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Her father definitely needs to fill out the I-864 as the joint sponsor. The past situation, her permanent address, and the future situation do not matter. The I-864A is only for someone currently residing under the same roof as the sponsor. I am absolutely sure. :)


My Crafting Blog - On a Roll - Blogspot

3179788211_95b93e62af_t.jpg3179788215_6a1e497e9b_t.jpg3165849344_f296789fd3_t.jpg

_______________________________________________________

US Immigration Timeline

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

24 Feb 2007 - Sent I-130 to London USCIS office (I'm the petitioner)

25 May 2007 - NOA2

2 June 2007 - Received Packet 3

12 Oct 2007 - Sent Packet 3 back by special delivery

5 Nov 2007 - Interview in London - Approved without any hitches!

7 Nov 2007 - Visa and MBE arrived by SMS! :)

30 Jan 2008 - Fly to Michigan!! :)

*Note: Any delays in our case are only due to us taking things slowly

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I agree with what has been said above.

I-864 from your wife and I-864 from her father

that's the way we filed ours (I-864 from my husband, I-864 from his father and I-864A from his mother)

Edited by kaffy

DCF Timeline here

POE Timeline

08/24/2008 POE Seattle

08/29/2008 SSN assigned

09/08/2008 SSN (Card) received

09/29/2008 Green Card received

I-90 Timeline (USCIS error)

11/10/2008 Send I-90 to Texas service center

12/xx/2008 NOA1

01/07/2009 Card production ordered

01/14/2009 Card mailed

01/xx/2009 Card received

I-751 Timeline

06/02/2010 Send I-751 to California service center

06/04/2010 Received at CSC

06/07/2010 NOA1

06/09/2010 Check cashed

07/27/2010 Biometrics

07/28/2010 Touch

09/02/2010 Approved

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Filed: Timeline

Ok guys, I'll take your word for it :-)

So for the address on the I-864 from my wife, for her mailing address and place of Residence I should give our India address or her US address?

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mailing address - US address

place of residence - Indian address


DCF Timeline here

POE Timeline

08/24/2008 POE Seattle

08/29/2008 SSN assigned

09/08/2008 SSN (Card) received

09/29/2008 Green Card received

I-90 Timeline (USCIS error)

11/10/2008 Send I-90 to Texas service center

12/xx/2008 NOA1

01/07/2009 Card production ordered

01/14/2009 Card mailed

01/xx/2009 Card received

I-751 Timeline

06/02/2010 Send I-751 to California service center

06/04/2010 Received at CSC

06/07/2010 NOA1

06/09/2010 Check cashed

07/27/2010 Biometrics

07/28/2010 Touch

09/02/2010 Approved

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Filed: Timeline

Okay, thanks for your quick reply.

One more question...on the I-864 question

8. I am sponsoring the principal immigrant named in Part 2 above.

Yes NO (Applicable only in cases with two joint sponsors)

This should be YES in both my wife's I-864 and her dad's 864? Or should it be yes in one and no in the other ?

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Filed: Timeline

Another question, now that we are going to be haveing two I-864s...what will be the household size in my wife's I864 and her dad's i864 ?

Currently my wife and I stay together in India.

In the US, her father and mother stay together.

the I864 asks for

Enter the number of immigrants : 1 (in my case)

Persons not sponsored in this affidavit :

Yourself : 1

If you are currently married, enter "1" for your spouse : So will it be 1 or 0 in my wife's I864? since she already counted me above. In her dad's I-864 it will be 1 for his wife. Is that correct?

If you have dependent children, enter the number here : this should be 0 or 1 in my wife's father's I-864? Should he count my wife or not?

OPTIONAL: If you have siblings, parents, or adult children with the same principal residence who are combining their incomewith yours by submitting Form I-864A, enter the number here. This will be zero in both the I864s rite?

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Question 8 is "Yes" on both. The household size on hers is 2 and the household size on his is 3 assuming they have no dependents. Your wife includes only herself and you, and her father includes only himself, his wife, and you.

When I was living in Oxford, England filling out the I-1864, my US mailing address did not appear anywhere on my I-864. I just wrote USA in the question about domicile. I put my English address for mailing address and wrote "Same as above" for place of residence, because that was true. But presumably it does not truly matter since that is not the way kaffy did it.


My Crafting Blog - On a Roll - Blogspot

3179788211_95b93e62af_t.jpg3179788215_6a1e497e9b_t.jpg3165849344_f296789fd3_t.jpg

_______________________________________________________

US Immigration Timeline

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

24 Feb 2007 - Sent I-130 to London USCIS office (I'm the petitioner)

25 May 2007 - NOA2

2 June 2007 - Received Packet 3

12 Oct 2007 - Sent Packet 3 back by special delivery

5 Nov 2007 - Interview in London - Approved without any hitches!

7 Nov 2007 - Visa and MBE arrived by SMS! :)

30 Jan 2008 - Fly to Michigan!! :)

*Note: Any delays in our case are only due to us taking things slowly

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Filed: Timeline

Thanks MargotDarko, I'll do that.

If we put India address as the mailing address and place of residence, then how do we proove the domicile as USA? Did you attach additional documents to prove your domicile as USA instead of england ?

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Thanks MargotDarko, I'll do that.

If we put India address as the mailing address and place of residence, then how do we proove the domicile as USA? Did you attach additional documents to prove your domicile as USA instead of england ?

I think I filled out our addresses the same way Margot did - at the same time stating U.S.A. to the domicile question.

You absolutely will require further documentation to prove domicile. The mailing/place of residence addresses are not that important, backing up your claim to U.S. domicile is a completely separate issue. This thread may help:

Proving U.S. domicile - even if you have never lived in the U.S.

Edited by trailmix

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