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benzman

taxe and Medicaid ?

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Filed: Timeline

hello,

i want just to ask you about the fact that i have Medicaid and i filled for my wife i-130 so when the NVC asks for taxe papers is this gonna be a problem,beacuse they will think that i am a public charge and i can not bring my wife,also what is the poverty line for me as husband to bring a wife?

thank you so much my friends i need you help as soos as possible

my priority date sep 16 2011 no approval yet

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Filed: Timeline

hello,

i want just to ask you about the fact that i have Medicaid and i filled for my wife i-130 so when the NVC asks for taxe papers is this gonna be a problem,beacuse they will think that i am a public charge and i can not bring my wife,also what is the poverty line for me as husband to bring a wife?

thank you so much my friends i need you help as soos as possible

my priority date sep 16 2011 no approval yet

any help please!!!!!!!!!!!!!!

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Filed: Country: Vietnam (no flag)
Timeline

hello,

i want just to ask you about the fact that i have Medicaid and i filled for my wife i-130 so when the NVC asks for taxe papers is this gonna be a problem,beacuse they will think that i am a public charge and i can not bring my wife,also what is the poverty line for me as husband to bring a wife?

thank you so much my friends i need you help as soos as possible

my priority date sep 16 2011 no approval yet

The public charge determination is only applied when a person enters the US or is seeking to enter the US.

Public charge determination is not the same as receiving a means tested benefit.

Think of it this way; Public charge before entering the US. Means tested benefits prohibition after entering the US.

-------------------

Look at Form I-864. Look at Form I-864p.

The US government does not care about you being a public charge. What the government wants to know is if your wife is likely to be a public charge in determining whether she will be granted a visa.

You will need a Joint Sponsor to bring your wife to the US. Since you are on Medicaid which requires to you to be below the poverty level and have assets less than $2000, you will not qualify to sponsor your wife alone. You will need a Joint Sponsor who makes enough for his household and your wife.

Edited by aaron2020

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Filed: Timeline

The public charge determination is only applied when a person enters the US or is seeking to enter the US.

Public charge determination is not the same as receiving a means tested benefit.

Think of it this way; Public charge before entering the US. Means tested benefits prohibition after entering the US.

-------------------

Look at Form I-864. Look at Form I-864p.

The US government does not care about you being a public charge. What the government wants to know is if your wife is likely to be a public charge in determining whether she will be granted a visa.

You will need a Joint Sponsor to bring your wife to the US. Since you are on Medicaid which requires to you to be below the poverty level and have assets less than $2000, you will not qualify to sponsor your wife alone. You will need a Joint Sponsor who makes enough for his household and your wife.

thank you so much my friend i really appreciate your answer

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Filed: Timeline

thank you so much my friend i really appreciate your answer

one more question:

Do the NVC ask about the tax form I-186 and also at the time of interview the consulate of my country will ask also about the form I-186 ?

thank you my friend so much

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Filed: Timeline

one more question:

Do the NVC ask about the tax form I-186 and also at the time of interview the consulate of my country will ask also about the form I-186 ?

thank you my friend so much

any advice please

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Filed: K-1 Visa Country: Vietnam
Timeline

I think you mean I-864. I'm not aware of any form I-186.

The NVC will send a fee bill for the I-864. You have to pay this fee bill and also submit an I-864. You must also include at least your most recent tax return or an IRS transcript of that tax return with the I-864. If you don't qualify as a sponsor (and it sounds like you don't) then you'll need a joint sponsor who qualifies. Your joint sponsor will also need to submit an I-864, at least their most recent tax return or transcript, and proof that they are a US citizen or permanent resident who is domiciled in the United States.

If you don't submit a sufficient I-864 to the NVC then your petition will never make it to the consulate for an interview.


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Filed: Timeline

I think you mean I-864. I'm not aware of any form I-186.

The NVC will send a fee bill for the I-864. You have to pay this fee bill and also submit an I-864. You must also include at least your most recent tax return or an IRS transcript of that tax return with the I-864. If you don't qualify as a sponsor (and it sounds like you don't) then you'll need a joint sponsor who qualifies. Your joint sponsor will also need to submit an I-864, at least their most recent tax return or transcript, and proof that they are a US citizen or permanent resident who is domiciled in the United States.

If you don't submit a sufficient I-864 to the NVC then your petition will never make it to the consulate for an interview.

thank you so much my friend,i have just one year here in USA and i don't know if they gonna ask me for 3 years tax or just this year ?

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Filed: K-1 Visa Country: Vietnam
Timeline

thank you so much my friend,i have just one year here in USA and i don't know if they gonna ask me for 3 years tax or just this year ?

INA 213A requires the sponsor to submit tax returns or transcripts for the three most recent tax years. However, INA 213A also gives Department of State (in the case of an immigrant visa application) and Department of Homeland Security (in the case of adjustment of status) the discretion to accept a tax return or transcript for only the most recent tax year. Both departments have interpreted this section of the INA to mean that a tax return or transcript for the most recent tax year is the bare minimum they can accept with the I-864. The I-864 instructions say that a sponsor may choose to include tax returns or transcripts for the other two years if they believe it will help prove their income is sufficient. The government can also request those other tax returns or transcripts if they believe the evidence provided with the form isn't enough to prove their income is sufficient.

All of this doesn't matter to you because your income isn't sufficient to be a sole sponsor. If you include an I-864 and supporting documents from a joint sponsor then they won't bother sending an RFE for any additional evidence of your income. There would be no point in them trying to prove that your income isn't sufficient since you are admitting as much by including a joint sponsor. They'll focus on the financial evidence provided by your joint sponsor.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: Timeline

INA 213A requires the sponsor to submit tax returns or transcripts for the three most recent tax years. However, INA 213A also gives Department of State (in the case of an immigrant visa application) and Department of Homeland Security (in the case of adjustment of status) the discretion to accept a tax return or transcript for only the most recent tax year. Both departments have interpreted this section of the INA to mean that a tax return or transcript for the most recent tax year is the bare minimum they can accept with the I-864. The I-864 instructions say that a sponsor may choose to include tax returns or transcripts for the other two years if they believe it will help prove their income is sufficient. The government can also request those other tax returns or transcripts if they believe the evidence provided with the form isn't enough to prove their income is sufficient.

All of this doesn't matter to you because your income isn't sufficient to be a sole sponsor. If you include an I-864 and supporting documents from a joint sponsor then they won't bother sending an RFE for any additional evidence of your income. There would be no point in them trying to prove that your income isn't sufficient since you are admitting as much by including a joint sponsor. They'll focus on the financial evidence provided by your joint sponsor.

thank you so much my friend that's a detaild answer i appreciate that,have a good day

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Filed: F-2A Visa Country: Egypt
Timeline

INA 213A requires the sponsor to submit tax returns or transcripts for the three most recent tax years. However, INA 213A also gives Department of State (in the case of an immigrant visa application) and Department of Homeland Security (in the case of adjustment of status) the discretion to accept a tax return or transcript for only the most recent tax year. Both departments have interpreted this section of the INA to mean that a tax return or transcript for the most recent tax year is the bare minimum they can accept with the I-864. The I-864 instructions say that a sponsor may choose to include tax returns or transcripts for the other two years if they believe it will help prove their income is sufficient. The government can also request those other tax returns or transcripts if they believe the evidence provided with the form isn't enough to prove their income is sufficient.

All of this doesn't matter to you because your income isn't sufficient to be a sole sponsor. If you include an I-864 and supporting documents from a joint sponsor then they won't bother sending an RFE for any additional evidence of your income. There would be no point in them trying to prove that your income isn't sufficient since you are admitting as much by including a joint sponsor. They'll focus on the financial evidence provided by your joint sponsor.

they care only the most recent tax year ,dont care about onther 2 years

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Filed: K-1 Visa Country: Vietnam
Timeline

they care only the most recent tax year ,dont care about onther 2 years

They require only the most recent tax year. They have the option of demanding the other two years, if they see fit. Please see INA 213A.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: F-2A Visa Country: Egypt
Timeline

They require only the most recent tax year. They have the option of demanding the other two years, if they see fit. Please see INA 213A.

i know that i mean other two years is optional . but basically the most recent tax year

so if other two years not enough income & the most recent tax year is enough so that fine

that i mean :)

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