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I-485 and I-864 questions

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Hey all, just a couple of leftover questions having followed the example forms, searched the forums and whatnot for everything else.

In the I-485 it asks for Current USCIS Status. Is that "K-1 visa holder" even though 90 days have passed from my date of entry? I'm guessing it is but I just want to be sure. Also is the "Expires on" date the one listed on the visa, even if it has expired already? Again I'm guessing it is but just want to be sure.

As for the I-864, 3 things. In question 23, what is considered as "Current Individual Annual Income"? We're using my wifes adjusted gross income from the 2009 tax year currently (assuming that's ok), but could she use a letter from her workplace detailing an increased salary that became effective this month?

Also, we are filing with a joint sponsor. My wife's mother (the joint sponsor) has two incomes-- one taxable (and thus listed as her income on the 1040), and one not. Her taxable income is enough to make up the difference for a 3 person household. Should we stop there, or do we need to show her non-taxable income? I am guessing we don't need to go that far, but want to be sure.

Finally, in question 25 it asks the sponsor to check the box if they have filed a tax return for the last 3 years. My wife filed in 2008 and 2009, but not 2007, so I assume we leave the box unchecked and attach a supplemental sheet to explain why nothing was filed for 2007?

Thanks in advance guys for any help. :)

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I-485

QUESTION - In the I-485 it asks for Current USCIS Status. Is that "K-1 visa holder" even though 90 days have passed from my date of entry? - Yes.

QUESTION - is the "Expires on" date the one listed on the visa, even if it has expired already? - Yes. Please have a look at the example forms (there is a link under the "guides" link up the top of the page), it will save you a lot of headaches.

I-864

QUESTIONIn question 23, what is considered as "Current Individual Annual Income"? We're using my wifes adjusted gross income from the 2009 tax year currently (assuming that's ok), but could she use a letter from her workplace detailing an increased salary that became effective this month? I would put the income from the recent tax return AND also include the letter from work however I wouldn't write that information on the form personally

QUESTIONAlso, we are filing with a joint sponsor. My wife's mother (the joint sponsor) has two incomes-- one taxable (and thus listed as her income on the 1040), and one not. Her taxable income is enough to make up the difference for a 3 person household. Should we stop there, or do we need to show her non-taxable income? What do you mean "make up the difference"? A joint sponsor doesn't "make up the difference" between the income of the primary sponsor.. they have to make enough income for THEIR household plus the immigrant(s) THEMSELVES. If her taxable income isn't $28,612 as per 125% of the current poverty guidelines for a 3 person household found here: http://www.uscis.gov/files/form/i-864p.pdf then you will need to show her non-taxed income to make sure that she DOES earn the required amount.

QUESTION in question 25 it asks the sponsor to check the box if they have filed a tax return for the last 3 years. My wife filed in 2008 and 2009, but not 2007, so I assume we leave the box unchecked and attach a supplemental sheet to explain why nothing was filed for 2007? I would yes

Also, there is a like to an AOS guide in my signature, have a look at that link as well.

Good luck. Hope that helps.

Edited by Vanessa&Tony

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What do you mean "make up the difference"? A joint sponsor doesn't "make up the difference" between the income of the primary sponsor.. they have to make enough income for THEIR household plus the immigrant(s) THEMSELVES. If her taxable income isn't $28,612 as per 125% of the current poverty guidelines for a 3 person household found here: http://www.uscis.gov...form/i-864p.pdf then you will need to show her non-taxed income to make sure that she DOES earn the required amount.

Let me explain the situation better and why I don't think that's right.

Currently I live with my wife and her mother (who will be joint sponsor). My wife doesn't reach 125% of the poverty line for a 2 person household by herself, which is why we need the joint sponsor. Her income combined with her mother's income however, reaches 125% of a 3 person household just fine. To me this isn't a problem because question 24c on the I-864 specifically states that "Total Household Income" is what will be compared to the poverty guidelines. I'm hoping that it's just a misunderstanding and that you didn't realise we were all in the same household because that does change the circumstances considerably.

Thanks for answering the rest of my questions, I do want to say that I used both the example forms and your topic just to get to this point. Never any harm in getting a second opinion from someone in the know, right?

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Let me explain the situation better and why I don't think that's right.

Currently I live with my wife and her mother (who will be joint sponsor). My wife doesn't reach 125% of the poverty line for a 2 person household by herself, which is why we need the joint sponsor. Her income combined with her mother's income however, reaches 125% of a 3 person household just fine. To me this isn't a problem because question 24c on the I-864 specifically states that "Total Household Income" is what will be compared to the poverty guidelines. I'm hoping that it's just a misunderstanding and that you didn't realise we were all in the same household because that does change the circumstances considerably.

Thanks for answering the rest of my questions, I do want to say that I used both the example forms and your topic just to get to this point. Never any harm in getting a second opinion from someone in the know, right?

Ahhh yes. Quite the difference :) That's fine. Make sure she (mother-in-law) completes I-864A as well :)

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I-864

QUESTION In question 23, what is considered as "Current Individual Annual Income"? We're using my wifes adjusted gross income from the 2009 tax year currently (assuming that's ok), but could she use a letter from her workplace detailing an increased salary that became effective this month?

VANESSA I would put the income from the recent tax return AND also include the letter from work however I wouldn't write that information on the form personally

I disagree. Your current income is what you are earning right now... today... at your job. Then multiply times 12 (if a monthly paycheck)to take it out to what your current annual salary is. Write that number on the form. You prove it with a letter from the employer and pay stubs. That question 23 does not have to match your tax return. Mine had a difference of $35,000. Question #25 is where you tell tax return figures.


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You should right your current USCIS status if your visa is expired then just right out of status you can explain it in a seperate sheet of paper, but I believe it also ask the expiration of your I-94 which would be good enough

You can always get a letter from the employer stating your wifes status at her job (ex. good standing) the hourly rate, if she is full time and the estimated annual salary after taxes it is also has to be on a company letter head. If your wife didnt file taxes on the previous year thats also ok as long as you explain why and if you have a joint sponsor who makes 125% of poverty level that should be good enough. One of the lawyer I have spoken said they only need on tax form, but you might want to ask another opinion on that one to make sure

you can always put your income as other income i believe that this is a section there where it ask that?


Our AOS Journey

March 4, 2011 Mailed 1-130 and AOS at the Chicago Lockbox thru USPS express mail

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You should right your current USCIS status if your visa is expired then just right out of status you can explain it in a seperate sheet of paper, but I believe it also ask the expiration of your I-94 which would be good enough

You can always get a letter from the employer stating your wifes status at her job (ex. good standing) the hourly rate, if she is full time and the estimated annual salary after taxes it is also has to be on a company letter head. If your wife didnt file taxes on the previous year thats also ok as long as you explain why and if you have a joint sponsor who makes 125% of poverty level that should be good enough. One of the lawyer I have spoken said they only need on tax form, but you might want to ask another opinion on that one to make sure

you can always put your income as other income i believe that this is a section there where it ask that?

Your employer letter should state status at job, hourly rate or salary, full or part time, and GROSS annual salary - not NET - all on a company letterhead. Just a heads up.

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