AOS and I-864

[centuryMN 0]

Hello,

I paid the AOS fee and it shows paid and my wife and I recieved our GZO number today after OPTIN in and sending the ds-3032 form. Let me give a little background first. I am a UCS and I am finishing college and the only income I have ever made was working at Target for the 2003 holiday season. I have not made an income other than that. Needless to say I will need a joint sponsor. My dad will be the joint sponsor. My dad has retired and has his pension and also he has returned to work as an incidental employee. My question is I will need to fill out form I-864 and my dad will also have to fill out I-864 and not one of the other I-864# forms? Along with my I-864 I will add a letter from my school saying I am a student and a letter saying why I have not worked. My dad will need to include tax transcripts for 2009 and 2010, tax return for 2011, w2's for the 3 years, pay stubs, letter of employment, copies to the deeds to the houses (we intend to use the fair market value of the houses that no longer have morages on them), and bank statements. Is there anything else to add? Thank you for any help.

[foofurrah 4]

Hello,

I paid the AOS fee and it shows paid and my wife and I recieved our GZO number today after OPTIN in and sending the ds-3032 form. Let me give a little background first. I am a UCS and I am finishing college and the only income I have ever made was working at Target for the 2003 holiday season. I have not made an income other than that. Needless to say I will need a joint sponsor. My dad will be the joint sponsor. My dad has retired and has his pension and also he has returned to work as an incidental employee. My question is I will need to fill out form I-864 and my dad will also have to fill out I-864 and not one of the other I-864# forms? Along with my I-864 I will add a letter from my school saying I am a student and a letter saying why I have not worked. My dad will need to include tax transcripts for 2009 and 2010, tax return for 2011, w2's for the 3 years, pay stubs, letter of employment, copies to the deeds to the houses (we intend to use the fair market value of the houses that no longer have morages on them), and bank statements. Is there anything else to add? Thank you for any help.

I just had to do all this too, so here is my understanding:

Assuming you and your father are not one household, then you will both need an I-864 (or I-864EZ, if applicable). You and your father's combined income and assets (valued at 1/3 their actual value and the sale of which cannot seriously affect sponsor's standard of living) must be enough to exceed 125% of the poverty line for the number of occupants of your household, including the intending immigrant. Assuming your father's income hasn't varied a great deal, you can include only the 2011 tax return and forget about the 2010 and 2009 transcripts. Similarly, if your father makes enough based on income alone, then you can also skip documenting any assets. The letter from the school is unnecessary: it doesn't matter why you haven't worked, it's a matter of the math. Check out the I-864instr.pdf

[centuryMN 0]

Hello,

My parents are still married and have been joint taxes. My mom stopped working last October from an injury and the fact the company she worked for hasn't paid her a large sum of money. I am no longer a dependent but my place of residence is still at home. This tax stuff is confusing to say the least. Thank you.

[foofurrah 4]

Hello,

My parents are still married and have been joint taxes. My mom stopped working last October from an injury and the fact the company she worked for hasn't paid her a large sum of money. I am no longer a dependent but my place of residence is still at home. This tax stuff is confusing to say the least. Thank you.

Okay, so you have two options. Because you live with your parents, you can use their income to help you qualify even if you're not a dependent. Your parents would then need to complete and sign I-864A forms. The household size would be 4, and you would need $28,812 in income/assets altogether (again, assets are valued at 1/3 their real value for this process). You can include any income assets you have, as well as those of your parents, assuming they are both willing to complete I-864A forms. The following quotations are from the I-864 instructions:

If necessary to meet the income requirements to be a sponsor, you may include additional relatives (adult children, parents, or siblings) as part of your household size as long as they have the same principle residence as you and promise to use their income and resources in support of the intending immigrant(s).

To use the assets of a relative (spouse, adult son or daughter, parent or sibling), the relative must reside with you and have completed a Form I-864A, Contract Between Sponsor and Household Member, with accompanying evidence of assets. The Form I-864A and accompanying evidence of assets is submitted with Form I-864. You may use the assets of more than one relative who resides with you so long as you submit a complete Form I-864A with evidence of assets for each such relative.

In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the difference between your total household income and the current poverty guidelines for your household size. However, if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only be equal to at least three times the difference.

Alternately, you could do separate I-864 forms. Then your household would be 2 (you and your wife), and your parents household would be 3 (your parents and your wife). This might be a better option if you have trouble meeting the requirements. Then the requirement for your parents' income would only be $23,862, the requirement for a household of 3, and your income would not matter. Also, I made a slight mistake before, if you do separate I-864 forms then you can't combine your income and assets:

A joint sponsor must be able to meet the income requirements for all the persons he or she is sponsoring without combining resources with the petitioning sponsor or a second joint sponsor.

Good luck.

Edited April 13, 2012 by foofurrah

[centuryMN 0]

Hello,

Thank you for your effort in this. I think doing the alternate plane you mentioned would be better. So for this plan I would fill the I-864 and provide an explantation as to why I have not erned an income since 2003. My dad will also need to fill out the I-864 and include 2009 and 2010 tax transcripts, 2011 tax return (just completed it today), w2's, pay stubs, and property tax statements to show the fair market values of the houses that do not have mortages on them. Thank you and please correct me if need be.

Edited April 13, 2012 by centuryMN

[foofurrah 4]

Hello,

Thank you for your effort in this. I think doing the alternate plane you mentioned would be better. So for this plan I would fill the I-864 and provide an explantation as to why I have not erned an income since 2003. My dad will also need to fill out the I-864 and include 2009 and 2010 tax transcripts, 2011 tax return (just completed it today), w2's, pay stubs, and property tax statements to show the fair market values of the houses that do not have mortages on them. Thank you and please correct me if need be.

Yes. Although you don't need to explain why you haven't earned an income as long as your joint sponsor makes enough to support the immigrant (you can fill in "student" for your occupation on your I-864). Also, the 2009 and 2010 tax transcripts from your father are optional, but can be included if they help you make your case (for example, if you father's income in 2009 and 2010 was relatively high compared to 2011). For the houses, I think the property tax statement should be okay for the value. If it doesn't clearly state your father's ownership of the property, you should supplement it with another document proving ownership. The instructions say this:

You may include the net value of your home as an asset. The net value of the home is the appraised value of the home, minus the sum of any and all loans secured by a mortgage, trust deed, or other lien on the home. If you wish to include the net value of your home, this, you must include documentation demonstrating that you own it, a recent appraisal by a licensed appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home.