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Posted (edited)

Alright, so I already know that I need to fill out the I-864. As I don't make enough money currently, we are planning to use my sister as a co-sponsor, and then supplement her fiance's income in to make the guideline. She fills out the I-864, and he fills out the I-864A. Together, they make roughly $30,000 a year, and they have a son, though they aren't currently married, and thus only she claims their son. So for the 3 of them, plus my husband (do I count him in their household? :blink: ), it's ~$28,000 to make that 125% guideline, and they make it. I guess I just wanted to make sure I had all the forms right, and all that jazz. For documentation, they will provide letters from their employers (simply because they both started their jobs this year, and their taxes for 2009 are less than they would be for 2010) and their most recent tax transcripts (though they might even end up being their 2010 taxes, if they get their W2s quick enough in January). Will they need to provide proof that they are living together? I'd assume a copy of their lease would suffice for this? For 2010, they aren't claiming each other, but they will be getting married here in a few weeks, so should we send a copy of their marriage license or something to show proof of relationship?

Annnd that's a lot of text. Okay. Sorry. :wacko: I'm sure you (the reader) can make sense of it, though. If you can't, please feel free to ask. Thank you in advance for your help!!! :)

Edited by frenzyheart

- Tiffanney & Matthew -

K1 VISA: 09/11/09 - 08/10/10

MARRIED: 10/10/10
AOS/EAD/AP: 02/22/11 - 05/04/11

ROC
04/04/13: Mailed off!

04/09/13: NOA1

Filed: Citizen (apr) Country: China
Timeline
Posted

Yes, immigrant is counted too. So Four on sister's I-864.

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Alright, so I already know that I need to fill out the I-864. As I don't make enough money currently, we are planning to use my sister as a co-sponsor, and then supplement her fiance's income in to make the guideline. She fills out the I-864, and he fills out the I-864A. Together, they make roughly $30,000 a year, and they have a son, though they aren't currently married, and thus only she claims their son. So for the 3 of them, plus my husband (do I count him in their household? :blink: ), it's ~$28,000 to make that 125% guideline, and they make it. I guess I just wanted to make sure I had all the forms right, and all that jazz. For documentation, they will provide letters from their employers (simply because they both started their jobs this year, and their taxes for 2009 are less than they would be for 2010) and their most recent tax transcripts (though they might even end up being their 2010 taxes, if they get their W2s quick enough in January). Will they need to provide proof that they are living together? I'd assume a copy of their lease would suffice for this? For 2010, they aren't claiming each other, but they will be getting married here in a few weeks, so should we send a copy of their marriage license or something to show proof of relationship?

Annnd that's a lot of text. Okay. Sorry. :wacko: I'm sure you (the reader) can make sense of it, though. If you can't, please feel free to ask. Thank you in advance for your help!!! :)

No. Your sister's fiance is not a qualifying household member. He can't submit an I-864A and join income with hers. He'd have to be her spouse, parent, adult child, or sibling.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Posted (edited)

No. Your sister's fiance is not a qualifying household member. He can't submit an I-864A and join income with hers. He'd have to be her spouse, parent, adult child, or sibling.

I realized that after the fact. HOWEVER. This would work because they are getting married in less than a week, and we aren't filing until the end of January. For proof of their marriage, we are planning to send a photocopy of their marriage license. They just aren't claiming each other as dependent on their 2010 taxes because they weren't married in 2010. I don't think this would be an issue, right?

Sorry about the mix up. I forgot to strongly mention their upcoming wedding when stating the original question, lol. :bonk:

Edited by frenzyheart

- Tiffanney & Matthew -

K1 VISA: 09/11/09 - 08/10/10

MARRIED: 10/10/10
AOS/EAD/AP: 02/22/11 - 05/04/11

ROC
04/04/13: Mailed off!

04/09/13: NOA1

Filed: Citizen (apr) Country: China
Timeline
Posted (edited)

No. Your sister's fiance is not a qualifying household member. He can't submit an I-864A and join income with hers. He'd have to be her spouse, parent, adult child, or sibling.

yep need to be married to be a household member.

Edited by YuAndDan

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

I realized that after the fact. HOWEVER. This would work because they are getting married in less than a week, and we aren't filing until the end of January. For proof of their marriage, we are planning to send a photocopy of their marriage license. They just aren't claiming each other as dependent on their 2010 taxes because they weren't married in 2010. I don't think this would be an issue, right?

Sorry about the mix up. I forgot to strongly mention their upcoming wedding when stating the original question, lol. :bonk:

Yeah, sorry, I missed that point in your opening post. :blush:

Technically, married people never claim each other as a dependent. They either file a joint return or they don't, but filing a joint return doesn't make them dependents of each other. It just means they combine their income and deductions, and use a tax table designed for two people.

Send a photocopy of a certified marriage certificate. In some states, the marriage license eventually becomes the marriage certificate, but in other states they are completely different documents. Make sure the original was certified as an authentic copy by the issuing authority.

Separate tax returns for 2010 are not a problem.

Also, submit proof that both are US citizens or LPR's. A copy of a birth certificate (if born in the US), US passport, or green card will do.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Posted

Yeah, sorry, I missed that point in your opening post. :blush:

Technically, married people never claim each other as a dependent. They either file a joint return or they don't, but filing a joint return doesn't make them dependents of each other. It just means they combine their income and deductions, and use a tax table designed for two people.

Send a photocopy of a certified marriage certificate. In some states, the marriage license eventually becomes the marriage certificate, but in other states they are completely different documents. Make sure the original was certified as an authentic copy by the issuing authority.

Separate tax returns for 2010 are not a problem.

Also, submit proof that both are US citizens or LPR's. A copy of a birth certificate (if born in the US), US passport, or green card will do.

Awesome! Thank you so much! :)

(Yeah, I'm still new to the whole married + taxes thing, so I'm still learning all the terminology, lol)

- Tiffanney & Matthew -

K1 VISA: 09/11/09 - 08/10/10

MARRIED: 10/10/10
AOS/EAD/AP: 02/22/11 - 05/04/11

ROC
04/04/13: Mailed off!

04/09/13: NOA1

 
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