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July 3 - mailed out AOS packet

July 11 - NOA1 for I-485, I-131, I-765

July 13 - Biometreics appointment letter

July 25 - RFE I-485 - I-864 Form lacking evidence (most recent year tax return required, 1099, w-2, etc, and joint sponsor does not meet 125% mark)

I mailed out a I-864 for myself and one for my father since he is the joint sponsor. I have been a student and have no income and I am also listed as a dependent on his 1040 tax return. We also filled out I-864A Contract. Submitted my father's 2010 1040 tax return where it shows he has an income of that year for over $100,000. Yet in the RFE, it states that the joint sponsor's, being my father, income did not meet 125% of the federal poverty line for the joint sponsor's household size. I checked online through the government website and for our household size, his 2010 income was well above the 125% mark. They also asked in the RFE for the most recent year tax return, 1099s, W-2s, etc. but he is self employed and only has a 1040 tax return. Just recently he got his 2011 1040 tax return, so I am assuming they want to see this one instead of the 2010?

Will just mailing my father's 2011 1040 tax return, a letter stating that he is self employed and has his own business suffice in answering this RFE?

Thanks!

Hi I'm just wondering how this turned out? My husband was a student fr the last 3 years so we are using his father as a joint sponsor. Wild you advise sending his last 3 years as well as an employment letter, as well as pay stubs? We are trying to avoid and RFE if possible! His father earns over $100,000 a year, well above the poverty line!

Many thanks!

01-12-2008 - Met at University in Scotland

01-09-2009 - Moved in together

10-10-2012 - Married in South Africa

05-02-2013 - I-130 Sent

08-02-2013 - I-130 NOA1 email

11-02-2013 - Online case status change - Initial Review

14-02-2013 - I-130 NOA1 hard copy I-797

14-05-2013 - I-130 APPROVED ONLINE!!

10-06-2013 - NVC received case

21-06-2013 - Case number

21-06-2013 - DS3032 emailed, Supervisor review 27-01-2013

27-06-2013 - AOS invoiced

27-06-2013 - AOS paid

29-06-2013 - AOS sent

01-07-2013 - DS3032 approved

02-07-2013 - IV invoiced

02-07-2013 - IV paid

03-07-2013 - IV sent

24-07-2013 - AOS approved

29-07-2013 - IV approved

26-07-2013 - Case complete

25/07/2013: Medical Test

08/08/2013: Package sent to embassy

12/08/2013: Package received by embassy(In the UK on 10/08/2013, but embassy not open Saturday)

10/09/2013: Interview Date

13/09/2013: Passport in hand

16/09/2013: Ticket to USA

mazapoint.com*wp-content*uploads*2011*03

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Filed: K-1 Visa Country: India
Timeline

They mainly just wanted the most recent year tax return. So I just mailed his 2011 tax return which has my name on it and also a letter from his company stating that he owns and operates his own business and that I am a dependent on his tax return.

After I sent in these documents in response to the RFE, it went through without any further problems. Hope this helps.

VisaJourney Time Line:

K1 Visa

Service Center: Vermont Service Center

Consulate: New Delhi, India

I-129F Sent: 2011-06-07

I-129F NOA1: 2011-06-10

I-129F NOA2: 2011-12-15

NVC Received: 2012-01-10

Packet 3 Recd: 2012-01-23

Packet 3 Sent: 2012-01-24

Packet 4 Sent: 2012-02-24

Medical Exam: 2012-02-24

Interview: 2012-03-12 - Approved!

US Entry: 2012-05-07 - POE Dallas, TX

Marriage: 2012-05-15

6 months, 5 days from NOA1 to NOA2; No RFE's.

Contacted local congressman to help expedite case at VSC for NOA2. (Definitely helped!)

Contact me if you need any info on a K-1 Visa for India, more than happy to help.

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  • 4 weeks later...
Filed: AOS (pnd) Country: Philippines
Timeline

Hi,

I hope somebody can help me with my concern.

Regarding the I-864 income requirement, we thought that the most current tax year is what they will look for. My sponsor/husband met the 2 most current year income 125% above poverty level - however his 2010 adjusted gross income was just almost $9000 ( didn't meet the 125% ) and we didn't have co-sponsor.

Did anybody have had the same issue and still got thru and passed AOS?

Any help will greatly appreciated.

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Filed: Citizen (apr) Country: Mexico
Timeline

Hi,

I hope somebody can help me with my concern.

Regarding the I-864 income requirement, we thought that the most current tax year is what they will look for. My sponsor/husband met the 2 most current year income 125% above poverty level - however his 2010 adjusted gross income was just almost $9000 ( didn't meet the 125% ) and we didn't have co-sponsor.

Did anybody have had the same issue and still got thru and passed AOS?

Any help will greatly appreciated.

Is he self-employed? If not, then they will be more concerned with what his current annual income is. List his current income where it asks and provide a letter from his employer and/or most recent pay stub(s) to prove that current income amount.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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Filed: AOS (pnd) Country: Philippines
Timeline

Is he self-employed? If not, then they will be more concerned with what his current annual income is. List his current income where it asks and provide a letter from his employer and/or most recent pay stub(s) to prove that current income amount.

Thank you for your response Jay-Kay.

He was self-employed for the 2010 and 2011 tax year and for the 2012 to present he is on W2. We'll do what you just said, and keep our fingers crossed that they will just be more concerned on the most recent years.

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Filed: AOS (apr) Country: Poland
Timeline

Hello

I'm a joint sponsor for my friend

on the form i864 do I put my total income form my tax return in the section: My current annual income? I filed jointly with my wife. or should I add my W4's and put that number instead?

thanks!

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Filed: Timeline

Hello

I'm a joint sponsor for my friend

on the form i864 do I put my total income form my tax return in the section: My current annual income? I filed jointly with my wife. or should I add my W4's and put that number instead?

thanks!

No. You put "total income" from your tax return (it doesn't matter if you file jointly or whatever; just put whatever number is on that line on the tax return) for the question that asks for total income from the tax return.

On the question that asks for current annual income, you put your current annual income. i.e. the salary for the job(s) you have right now.

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  • 2 weeks later...
Filed: AOS (apr) Country: Mexico
Timeline

Hi everyone! I have a question about the I-864. I'm filling it out as the petitioner for my husband's change of status here in the states. Since we've only been in the country for about two months we do not have our own place yet and are staying with my parents. I am financially above the125% poverty line requirement, making sufficient money to support both my husband and I, and do not need my parents as joint sponsors. I would like to avoid if possible for future financial aid and benefits, etc. that we may need. Do my parents need to fill an I-864 form as well because we are staying with them, even though it's temporary and we pay our own bills (aside from rent as there is no rent)?

Thanks for your input. Kind Regards-

Romaskirsky-

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  • 3 weeks later...
Filed: AOS (pnd) Country: Peru
Timeline

My husband didn't work for two years at all and my mother -in-law is filing a joint sponsorship for me, but in this case, what should I put on my husbands I-864?

Concurrent AOS

11/15/11 Met my sweetheart online through LDS site
12/11/12 Flew to the US and enrolled in language school
02/28/13 Met him in person
03/29/13 Proposal
06/21/13 Religious wedding
09/09/13 Filed for AOS
09/11/13 [Day 1] Packet arrived Chicago Lockbox

09/19/13 [Day 9] I-797C NOTICE OF REJECTION (forgot to check under which category I was filing for AOS)

09/21/13 [Day 11] Sent Back AOS Packet

09/23/13 [Day 13] Arrived at Chicago Lockbox and signed by D. COLONNA

09/29/13 [Day 19] E-mail confirmation

09/30/13 [Day 20] Checks Cashed

10/04/13 [Day 24] NOA hardcopy I-130, I-485, I-765

10/15/13 [Day 35] Biometric appointment successful (Idaho Falls ladies were really really nice)

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Filed: Citizen (apr) Country: Mexico
Timeline

My husband didn't work for two years at all and my mother -in-law is filing a joint sponsorship for me, but in this case, what should I put on my husbands I-864?

Put for which part, specifically? If he is not working now still, then he will put he is unemployed and income is $0. For the section about the 3 years of taxes, he needs to add a statement that explains why he was not legally required to file taxes, if he did not for the years he was not working. Having no income makes him not required to file. You can hand-write 'SEE ATTACHMENT' in the space for total income from the taxes after printing it out.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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Filed: AOS (pnd) Country: Peru
Timeline

He was on a lds mission for two years 2011-2012 and he started working this past June.

Concurrent AOS

11/15/11 Met my sweetheart online through LDS site
12/11/12 Flew to the US and enrolled in language school
02/28/13 Met him in person
03/29/13 Proposal
06/21/13 Religious wedding
09/09/13 Filed for AOS
09/11/13 [Day 1] Packet arrived Chicago Lockbox

09/19/13 [Day 9] I-797C NOTICE OF REJECTION (forgot to check under which category I was filing for AOS)

09/21/13 [Day 11] Sent Back AOS Packet

09/23/13 [Day 13] Arrived at Chicago Lockbox and signed by D. COLONNA

09/29/13 [Day 19] E-mail confirmation

09/30/13 [Day 20] Checks Cashed

10/04/13 [Day 24] NOA hardcopy I-130, I-485, I-765

10/15/13 [Day 35] Biometric appointment successful (Idaho Falls ladies were really really nice)

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Filed: Citizen (apr) Country: Mexico
Timeline

He was on a lds mission for two years 2011-2012 and he started working this past June.

Then he provides the statement for any years he did not file taxes, as I stated above and he lists his current annual income where it asks on the I-864. He can provide a letter from his employer and/or recent pay stubs to prove his current income.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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  • 2 weeks later...
Filed: Citizen (apr) Country: Iran
Timeline

Since you are no longer married she can apply for citizenship 5 years after gaining her LPR status. With the paperwork and wait for interview and oath ceremony the soonest she could become a citizen would be about 5 1/2 years after obtaining LPR status. If she choses she never has to become a citizen.

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