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Lisha and Jon

K1 - SSDI American Fiance

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My fiance and I just received our NOA2 yesterday and I know I probably shouldn't be worrying about it yet but I have a tendency to think ahead since I want to get documents ready so they're good to go when I received my packet.

That being said, my fiance has been on SSDI(disability) for the last 8 years due to being diagnosed with MS which means he hasn't filed taxes in the last 8 years. Now looking at the Affidavit of Support (I-134) it asks specifically to list what he does for a living. I'm not sure how to go about filling out the form or if I should be filling out a different one. Now, he has two children (neither of which live with him and he allows his ex-wife to claim both on her income tax) so I'm not sure if I should include them as dependents as well since he pays support every month to her. I'm just severely confused with this process.

We've discussed getting his mother to co-sponsor if it's necessary and that is an option, but we would not have to do that if we don't have to claim his children since he would then meet the poverty guildlines. Also, seeing as he has no income tax returns, what kind of documentation for proof would we need to include with the Affidavit? Any help would be appreciated.

I have read tons on this site to help with matters but our situation is a little on the confusing side and would like some clarification on the exact forms I would/should need and what way I should go about this. Thank you!

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My fiance and I just received our NOA2 yesterday and I know I probably shouldn't be worrying about it yet but I have a tendency to think ahead since I want to get documents ready so they're good to go when I received my packet.

That being said, my fiance has been on SSDI(disability) for the last 8 years due to being diagnosed with MS which means he hasn't filed taxes in the last 8 years. Now looking at the Affidavit of Support (I-134) it asks specifically to list what he does for a living. I'm not sure how to go about filling out the form or if I should be filling out a different one. Now, he has two children (neither of which live with him and he allows his ex-wife to claim both on her income tax) so I'm not sure if I should include them as dependents as well since he pays support every month to her. I'm just severely confused with this process.

We've discussed getting his mother to co-sponsor if it's necessary and that is an option, but we would not have to do that if we don't have to claim his children since he would then meet the poverty guildlines. Also, seeing as he has no income tax returns, what kind of documentation for proof would we need to include with the Affidavit? Any help would be appreciated.

I have read tons on this site to help with matters but our situation is a little on the confusing side and would like some clarification on the exact forms I would/should need and what way I should go about this. Thank you!

He has to claim his children even if he does not claim them on his income tax. They only reason for not claiming all children is if parental rights are terminated.

He should write a statement as to why he does not file taxes and include the IRS tax code. Then all he will need to submit are the statements from Social Security stating what his monthly income is.


USCIS- 260 Days

6/8/11~ Mailed I-130 Application, withdrew Canadian PR application
6/16/11~ NOA1 email and text message Case routed to CSC (Priority Date)
7/12/11~ The 'Money Order' Incident/Returned to Tennessee
8/03/11~ TOUCHED!
3/2/12~ APPROVED! NOA2!

NVC Electronic Processing- Montreal- 19 Days

3/21/12~ Received case number & IIN 20 Days after NOA2
3/21/12~ Sent in opt-in email
3/22/12~ Opt-in accepted
3/23/12~ DS-261 Submitted, never accepted
3/29/12~ AOS bill invoiced and paid
3/30/12~ AOS shows PAID- AOS Package emailed/received, DS-3032 emailed/accepted
4/2/12~ IV bill invoiced and paid
4/3/12~ AOS Checklist documents emailed(first time)
4/4/12~ IV shows PAID- DS-260 submitted/ IV Package emailed/received
4/4/12~ AOS Checklist documents sent again for CYA (second time)
4/5/12~ IV package accepted! No Checklists!
4/6/12~ AOS Checklist emailed(third time)
4/9/12~ AOS packet accepted (finally)
CASE COMPLETE!!

Interview 354 days from NOA1/ 362 days from initial filing date
5/29/12~ Medical@ Medisys, Montreal
6/4/12~ Interview APPROVED!!!
08/07/2012~ POE Emerson, MB/Pembina, ND by land
08/09/2012~ HOME!! 424 days from initial filing date!
08/14/2012~ SSN Received
09/10/2012~ Received Green Card

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