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Posted

Hi,

Long time reader, first time poster.

I am Australian and my wife is the US citizen sponsoring me for an IR-1 visa. We live together in Australia and are at the packet 3 stage. We have the completed medical clearance and police check but have gotten stuck on the I-864.

We are both students and have been since my wife moved here in 2007 so she obviously doesn't meet the income requirements to sponsor me and hasn't even legally been required to file a US tax return for the past 3 years. In addition, her address in the US where we intend to live when we arrive is her mother's house so we are assuming that we need to list it on the form as her residential address separate from her mailing address in Australia. Her address there is how we will establish her domicile in the US via her driver's licence etc.

Her mother has agreed to be a joint-sponsor, easily meets the income requirements and has provided her tax returns and filled out another I-864 in that capacity, but we've hit some confusion about whether or not we should include her in our household at question 21 on OUR form.

To clarify, they haven't asked for a joint sponsorship yet, but they will. Should we list her on question 21 (household size)? Should we list my wife's domicile as the US?

Thank you for reading, we are so confused!

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

The USC spouse completes an I-864. The household size is the two of you plus any children that the USC spouse may have.

The petitioner (USC spouse) must establish a US domicile.

The joint sponsor counts anyone in their household plus the intending immigrant for their household count. ( if your mother-in-law claimed your wife as a dependent on her most recent tax return then your wife is also included in her household count)

These I-864 FAQ's may be helpful to you both >> http://travel.state.gov/visa/immigrants/info/info_3183.html

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Posted

Ok thank you for clearing that up. We completed the form without my wife's mother listed as part of the household.

I have another question though; we have a completed and signed form I-864 from my mother in law with all of the necessary documents filled in with her as a joint sponsor. Would it be best to mail it in with our I-864 to save some time, or do we have to wait until the Sydney Consulate asks for it? We very obviously don't meet the income requirements on our own as we are students, but with my mother in law as joint sponsor there are no problems.

I'm just wondering if we could save a week when they ask for a joint sponsor. I wanted to try to call them to ask them this simple question but their $12 information line apparently won't deal with immigrant visas.

Posted (edited)

864 instructions This should help some....best of luck! Joint Sponsors instructions

Bob

Edited by calibob
  • Married in Manila: 08/20/2010
  • I-130 Sent to lockbox: 10/01/2010
  • I-130 Received: 10/03/2010
  • NOA-1 Received: 10/04/2010
  • NOA-2 Received: 02/01/2011
  • Received NVC: 02/08/2011
  • AOS Bill Generated: 02/10/2011
  • AOS Bill Paid: 02/10/2011
  • DS 3032 Emailed: 02/10/2011
  • IV Bill Generated: 02/14/2011
  • IV Bill Paid: 02/14/2011
  • IV Packet Received @ NVC:02/22/2011
  • NVC Completed 03/08/2011
  • Interview Date Post Sputum results May 17
  • Results negative, Interview scheduled 6/13
  • Placed in A/R 06/13/2011
  • I-601 required 07/18/2011
  • I-601 filed 11/9/2011
  • I-601 approved 11/29/11
  • 2nd Sputum test ordered 12/21/11
  • 2nd Sputum Test passed 02/21/12
  • Visa Approved!! 03/15/2012
  • Visa In Hand 03/17/2012
  • POE SFO 03/24/2012

Filed: Other Country: China
Timeline
Posted

Ok thank you for clearing that up. We completed the form without my wife's mother listed as part of the household.

I have another question though; we have a completed and signed form I-864 from my mother in law with all of the necessary documents filled in with her as a joint sponsor. Would it be best to mail it in with our I-864 to save some time, or do we have to wait until the Sydney Consulate asks for it? We very obviously don't meet the income requirements on our own as we are students, but with my mother in law as joint sponsor there are no problems.

I'm just wondering if we could save a week when they ask for a joint sponsor. I wanted to try to call them to ask them this simple question but their $12 information line apparently won't deal with immigrant visas.

Since you know you'll need a joint sponsor, send all financial documentation at one time to avoid delays.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

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Posted

This will go much faster than the USCIS part........start thinking about getting your medical done and prepping for your interview. Best of luck!!

Bob

  • Married in Manila: 08/20/2010
  • I-130 Sent to lockbox: 10/01/2010
  • I-130 Received: 10/03/2010
  • NOA-1 Received: 10/04/2010
  • NOA-2 Received: 02/01/2011
  • Received NVC: 02/08/2011
  • AOS Bill Generated: 02/10/2011
  • AOS Bill Paid: 02/10/2011
  • DS 3032 Emailed: 02/10/2011
  • IV Bill Generated: 02/14/2011
  • IV Bill Paid: 02/14/2011
  • IV Packet Received @ NVC:02/22/2011
  • NVC Completed 03/08/2011
  • Interview Date Post Sputum results May 17
  • Results negative, Interview scheduled 6/13
  • Placed in A/R 06/13/2011
  • I-601 required 07/18/2011
  • I-601 filed 11/9/2011
  • I-601 approved 11/29/11
  • 2nd Sputum test ordered 12/21/11
  • 2nd Sputum Test passed 02/21/12
  • Visa Approved!! 03/15/2012
  • Visa In Hand 03/17/2012
  • POE SFO 03/24/2012

  • 5 weeks later...
Filed: Citizen (apr) Country: India
Timeline
Posted

Congrats.

USA

01/08/13 - Approved and GC is order for production on 1/8/14

09/12/13 - Case transferred to CSC. NOA2 received on 09/18/13

08/30/13 - Biometrics Done - No walk ins allowed at this LSC (received on 8/16/13).

08/05/13 - NOA1 (received on 08/10/13)

08/01/13 - Mailed I-751 (received on 8/2/13 - check cashed on 8/5/13)

12/28/11 - Received SSN (applied on 12/20/11, as we didn't get based on DS-230 options)
11/28/11 - Received Green Card (Expires on 10/30/13) - Welcome Letter on 11/17/11
10/30/11 - POE - Houston, TX

Chennai Consulate (40 days)
10/28/11 - Received Visa papers and Passport at VFS
10/25/11 - Interview Cleared Successfully (Spouse was not allowed in)

NVC: (90 days from NOA2 to Consulate)
08/31/11 - Case Completed (Interview 10/25/11) - Received at Chennai on 09/19/11
07/22/11 - NVC Case Number

USCIS: (92 days)

6/21/11 - NOA2 (NOA1 on 3/25/11) - took a month to get to NVC
3/21/11 - I-130 sent to USCIS Lockbox, Chicago.

 
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