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ryna

Last minute I-864 questions

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Long story short...

I (my wife's petitioner and, of course, primary sponsor) lost my job about a week and a half ago and her/our AOS interview is this Wednesday. Thankfully, my parents are able and willing to jump in to sponsor her on such short notice.

I've already received most of what I need to know here on VJ but I have a few remaining questions as we are filling out the updated I-864s (and an I-864A).

This is how we plan to present the papers to the IO on Wednesday:

1) New I-864 for myself stating "I am the petitioner. I filed or am filing for the immigration of my relative" and change my employment info to "Unemployed since Nov. 18, 2011" with a current income of $0. This is fairly straightforward;

2) An additional (new) I-864 for my father. This is where I have a question. Since my parents are together (and she is going to file the I-864A as a member of his household.) Does he check "I am the only joint sponsor", "I am the first of two joint sponsors" or "I am the second of two joint sponsors"? The option of "only JOINT sponsor" is what is throwing me off. Personally, I think he is the SECOND of two joint sponsors, myself being the first, but I want to verify, and;

3) Fill out an I-864A for my mother so that her income can be included with my father's even though they both make well over enough to meet the requirements individually. Or, since he meets the income requirements alone, is this even worth doing? This last week has been stressful enough with the holidays and these unexpected, last-minute AOS interview hassles and not having to bother with the I-864 would be fine by me if it isn't necessary.

Also, if both the I-864 and I-864A of my parents need to be filed, will each require a copy of their tax return or would one copy be OK for both since we'll be filing in person (with the IO)? They file jointly if that makes any difference so the returns are identical.

Thanks

Edited by ryna

N-400

Feb. 12, 2016 - Sent N-400 to USCIS (3-year rule)

Feb. 19, 2016 - NOA1

Mar. 14, 2016 - Biometrics

June 2, 2016 - Interview - Recommended for Approval

.

.

.

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Similar to my situation. Your father would be the only joint sponsor.

One copy of your parents tax transcripts is fine since they joint file.

My dad made well above the requirements to sponsor but I just had my step-mom file a an I-864a anyway. I thought it would be easier since they filed jointly. Whether you need to or not-- probably not if your dad makes enough. All I know is the CO specifically stated he was "very pleased" with our support affidavits.

Edited by Mrs GH

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Similar to my situation. Your father would be the only joint sponsor.

One copy of your parents tax transcripts is fine since they joint file.

My dad made well above the requirements to sponsor but I just had my step-mom file a an I-864a anyway. I thought it would be easier since they filed jointly. Whether you need to or not-- probably not if your dad makes enough. All I know is the CO specifically stated he was "very pleased" with our support affidavits.

Thank you very much!

AOS is stressful enough without throwing in a big change like this at the last minute. And, nice to see that someone else has done this as well (with a positive response from the IO.)

I see your I-864 was filed in conjunction with an IR-1 so I don't know if it applies, but was there any delay caused by the last minute change in the Affidavit of Support/sponsor?


N-400

Feb. 12, 2016 - Sent N-400 to USCIS (3-year rule)

Feb. 19, 2016 - NOA1

Mar. 14, 2016 - Biometrics

June 2, 2016 - Interview - Recommended for Approval

.

.

.

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The I-864 for the IR-1 visa and the AOS won't be different. However, I hadn't lost my job at the time of interview-- that actually happened today... :) Anyway, that's neither here nor there, I'll let someone else answer your first question about how you would adjust your I-864. I'm confident in the other questions though. Good luck!!

Edited by Mrs GH

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One more thing...

If my current income is now $0, but I have a joint sponsor who meets the income guidelines, do I need to fill out the asset based portion of the I-864 for myself? I can get the numbers (online) for my current bank balances, mortgage/property value and stocks, etc. but nothing "official" before Wednesday...


N-400

Feb. 12, 2016 - Sent N-400 to USCIS (3-year rule)

Feb. 19, 2016 - NOA1

Mar. 14, 2016 - Biometrics

June 2, 2016 - Interview - Recommended for Approval

.

.

.

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One more thing...

If my current income is now $0, but I have a joint sponsor who meets the income guidelines, do I need to fill out the asset based portion of the I-864 for myself? I can get the numbers (online) for my current bank balances, mortgage/property value and stocks, etc. but nothing "official" before Wednesday...

You don't need to fill out the assets unless you are using assets to meet the income requirements.


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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One more thing...

If my current income is now $0, but I have a joint sponsor who meets the income guidelines, do I need to fill out the asset based portion of the I-864 for myself? I can get the numbers (online) for my current bank balances, mortgage/property value and stocks, etc. but nothing "official" before Wednesday...

Listing assets is optional. We filed DCF so all of my income has been foreign earned which in the eyes of USCIS equates to $0 because my income will not continue upon my return to the US. I didn't list any assets myself. I mean you could state your assets, it certainly wouldn't harm you. But I believe they will pay the most attention to your Joint Sponsor's I-864.


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That's what I thought but the form implies that it is optional if you meet income requirements but doesn't really spell out if that includes any joint sponsor. Thanks again... You all are helping me out immensely here!


N-400

Feb. 12, 2016 - Sent N-400 to USCIS (3-year rule)

Feb. 19, 2016 - NOA1

Mar. 14, 2016 - Biometrics

June 2, 2016 - Interview - Recommended for Approval

.

.

.

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