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Christi85

I-864: a complication

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Filed: Citizen (apr) Country: Greece
Timeline

Hello,

As neither my husband nor I currently live in the US, we can't claim any US income on the I-864, so we need a co-sponsor. This is not a problem in itself, as his mom is happy to be our co-sponsor and her individual income is way beyond the poverty line. However, up until now, she has been filing jointly with her husband. As of May 2010, they are in divorce proceedings and I believe they are already legally separated (but not yet officially divorced), and the husband has now moved out of the house. However their most recent tax statements (for 2009) are still joint showing them as a married couple.

My question is: does my father in-law still have to fill out an I-864A giving his consent for his "wife" and household member(as appears on the 2009 tax forms - when they were still married) to be our sponsor? Or will a copy of their legal separation documents suffice to show that they are not members of the same household anymore? I doubt that the divorce will be finalized for the next several months, as they are still in financial negotiations, so probably it will still be pending at the time of the interview. I supsect that going with the first option would be simpler and would raise less questions, but then again it would essentially be a lie, and I'm not comfortable with that either.

Just to clarify: my mother in-law will be our only co-sponsor. We are not using both of them as sponsors.

Your views will be much appreciated!


My CR1 timeline (DCF London):
June 26, 2010 - civil wedding
Aug 2, 2010 - I-130 package mailed to the London Consulate (DCF)
Aug 9, 2010 - NOA1 (confirmation of receipt) via email
Sep 4, 2010 - religious wedding
Oct 21, 2010 - NOA2
Nov 25, 2010 - Case number received in the mail
Nov 29, 2010 - Medical
Dec 1, 2010 - DS-230I & DS-2001 forms mailed back
Feb 1, 2011 - Interview - APPROVED!!!
Feb 7, 2011 - Passport with Visa received via courier
June 7, 2011 - POE Los Angeles (LAX)
June 18, 2011 - 2-Year Green card received in the mail!!!

My ROC journey:
April 2, 2013 - I-751 package mailed to California Service Center

April 3, 2013 - NOA1 date
April 8, 2013 - check cleared
May 6, 2013 - Biometrics completed

July 25, 2013 - 10 year green card APPROVED!! (notification via text and email, and website updated)

July 29, 2013 - ROC approval letter received in the mail

July 31, 2013 - 10 year green card received in the mail!!!

My N-400 journey:

March 19, 2014 - N-400 package mailed to Phoenix, AZ Lockbox

March 24, 2014 - NOA1 date and Priority Date

March 27, 2014 - Check cleared

April 21, 2014 - Biometrics done

May 7, 2014 - In line for interview

June 23, 2014 - Scheduled for interview

July 28, 2014 - Interview - PASSED!!

July 30, 2014 - In line for oath

July 31, 2014 - Scheduled for oath

Aug 2, 2014 - Oath letter received

Aug 27, 2014 - Oath ceremony, I am a US citizen!!!

Sep 11, 2014 - US passport received

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

I'm not a tax or legal guy so I have no idea if the Husband needs to sign anything.

But a conservative view of this situation would be to question if the Mother In Law will have enough income by herself in 2010 if she is financially independent from her husband. Meaning, maybe the husband made all the money for the family and now she has no income.

If I were you, I would (A) find another co-sponsor with a cleaner profile or if you cannot, then (B) use the joint 2009 Tax return and include a YTD June or July Pay Statement showing her income for the first half of 2010 is enough to cover the minimum requirement.


___________________

07-17-09: She comes into US on B2 visa
07-25-09: Marriage in US
10-03-09: She returns to Israel
10-13-09: I-130 sent
10-23-09: NOA1
02-16-10: NOA2 / I-130 approved
02-24-10: NVC Receives petition
03-13-10: Received DS3032 and I-864 Bill
03-22-10: Received IV Bill
04-13-10: RFE for original Birth Certificate
05-13-10: Case completed at NVC
06-17-10: Consulate Interview in Jerusalem and was told "We will get back to you"
06-18-10: Called DOS Hotline and was told we were in AP
06-23-10: Called DOS Hotline and was told we were approved
07-01-10: Visa received. One way tickets booked.
07-09-10: POE - Newark, NJ
07-20-10: Social Security Card received

04-16-12: I-751 Package sent
04-23-12: NOA / I-751 Received (dated 4-17-12)
05-02-12: NOA / Biometrics Appointment Scheduled
05-25-12: Biometrics Appointment
01-04-13: Greencard ordered for production
01-12-13: Greencard received

08-08-13: N-400 Package sent

08-12-13: Check cashed

08-19-13: NOA / 1-797C Received (dated 8-13-13)

08-30-13: NOA / Biometrics Appointment Scheduled

09-03-13: Biometrics Appointment

09-05-13: In line for Interview

12-23-13: Interview scheduled in the system

01-29-14: Interview Date - PASSED

04-02-14: Oath Ceremony

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Filed: Citizen (pnd) Country: Indonesia
Timeline

I would say write a short statement to explain the recent separation, hence tax return was still jointly filed, and send along the separation documents.

Also send a letter from her employer + pay stubs just to show without a doubt that her income alone is enough.

Good luck!


AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath

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Filed: Citizen (apr) Country: Greece
Timeline

Thank you both!

Engineer21 - sounds like a good idea. We're doing DCF at the London Consulate so we'll be required to present the documents at the interview. We won't be sending them in advance. At least that will give us the opportunity to explain in person if need be, but I'll include the statement too.

Songer- thanks for the advice about the YTD pay statement. It may come in handy. As I said in my first post, her salary alone is more than enough (she's in a senior management position in her department and organization). She doesn't need the husband's income to qualify. I believe they ask either for IRS transcripts (which clearly show individual incomes), or otherwise a simple copy of their tax return accompanied by W2/pay stubs etc. So her individual income can be identified either way.

Thanks - the other option obviously (which we've considered) would be to wait till she files individually for 2010 (from early 2011 if I'm correct), but that could slow us down significantly :unsure:


My CR1 timeline (DCF London):
June 26, 2010 - civil wedding
Aug 2, 2010 - I-130 package mailed to the London Consulate (DCF)
Aug 9, 2010 - NOA1 (confirmation of receipt) via email
Sep 4, 2010 - religious wedding
Oct 21, 2010 - NOA2
Nov 25, 2010 - Case number received in the mail
Nov 29, 2010 - Medical
Dec 1, 2010 - DS-230I & DS-2001 forms mailed back
Feb 1, 2011 - Interview - APPROVED!!!
Feb 7, 2011 - Passport with Visa received via courier
June 7, 2011 - POE Los Angeles (LAX)
June 18, 2011 - 2-Year Green card received in the mail!!!

My ROC journey:
April 2, 2013 - I-751 package mailed to California Service Center

April 3, 2013 - NOA1 date
April 8, 2013 - check cleared
May 6, 2013 - Biometrics completed

July 25, 2013 - 10 year green card APPROVED!! (notification via text and email, and website updated)

July 29, 2013 - ROC approval letter received in the mail

July 31, 2013 - 10 year green card received in the mail!!!

My N-400 journey:

March 19, 2014 - N-400 package mailed to Phoenix, AZ Lockbox

March 24, 2014 - NOA1 date and Priority Date

March 27, 2014 - Check cleared

April 21, 2014 - Biometrics done

May 7, 2014 - In line for interview

June 23, 2014 - Scheduled for interview

July 28, 2014 - Interview - PASSED!!

July 30, 2014 - In line for oath

July 31, 2014 - Scheduled for oath

Aug 2, 2014 - Oath letter received

Aug 27, 2014 - Oath ceremony, I am a US citizen!!!

Sep 11, 2014 - US passport received

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