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I-864 AoS question

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Filed: K-1 Visa Country: Vietnam
Timeline

im done with filling out this form for my dad now. paid all fees and ready to send. However, my mom's income is less than 125 percent of the Federal povert. Is this going to lead to rejection?

Details, please. Who is sponsoring whom? Is your mother sponsoring your dad? Is she the petitioner? Is she the sole sponsor?

If she's the only sponsor, then the answer is yes - the affidavit of support will be rejected for being insufficient. You'll need a joint sponsor.

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!

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Filed: Country: South Korea
Timeline

my mom filed for my dad. so she is petitioner and dad is applicant? If she get rejected, can we use any other way? my mom is getting support from my dad so her income is very low. But also my dad doesn't make much. So they are going to live together in US to save more money, and save money on rents. In this kind of situation, what can my mom do for my dad? please help us :(

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Filed: F-2A Visa Country: Jamaica
Timeline

im done with filling out this form for my dad now. paid all fees and ready to send. However, my mom's income is less than 125 percent of the Federal povert. Is this going to lead to rejection?

yes so dont send it untill you have 125%. perhaps you can co-sponsor using the I-864 or house member using I-864A

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee

Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package

Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete

May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

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Filed: K-1 Visa Country: Vietnam
Timeline

my mom filed for my dad. so she is petitioner and dad is applicant? If she get rejected, can we use any other way? my mom is getting support from my dad so her income is very low. But also my dad doesn't make much. So they are going to live together in US to save more money, and save money on rents. In this kind of situation, what can my mom do for my dad? please help us :(

The law requires a sponsor to submit a sufficient affidavit of support. The petitioner is required to submit an affidavit of support in any case, but if the petitioner's affidavit of support is not sufficient then there are several ways they can overcome this.

One way is to get a "household member" to add their income to the petitioner's using an I-864A. For the purpose of the affidavit of support, a "household member" is a relative (spouse, adult child, parent, or sibling) living in the same house, or a dependent the petitioner claimed on their most recent tax return. The household member's fills out and signs an I-864A, and the household member's income is added to the petitioner's income on the petitioner's I-864. Obviously, anyone who qualifies as a "household member" for the I-864A would also be included in the petitioner's household size, which raises the minimum income requirement, but at least this route allows the household member's income to considered as part of the total household income.

Another way is to get a joint sponsor. A joint sponsor can be any US citizen or permanent resident who is domiciled in the US, who is willing to submit an I-864, and whose income is sufficient for their own household size. The joint sponsor's household size includes the immigrant.

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!

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Filed: F-2A Visa Country: Jamaica
Timeline

The fee will expire one year after your contact with the nvc.

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee

Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package

Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete

May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

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