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OlofAllie

Confused filing the I-864 when Adjusting Status

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Filed: K-1 Visa Country: Sweden
Timeline

Hi everyone!

I had a question about form I-864 when adjusting status. It says that you should state your total taxable income for the last three years, my fiancée (the USC) graduated college in 2010, then spent a year with me in Sweden while I was finishing school and has now worked since August of 2011. So she only had a low income for the years prior to 2011. Her present job is a 1-year contract (that she can sign again for another year, but she wants something more challenging) that finishes in june (at the moment of writing we don't know what her income/ job will be after this) but right now she makes about 34000 annually, so above the required limit.

So my question is would our situation be enough for the I-864 even if we don't know her income past June? Does anyone have any other thoughts/ recommendations regarding our situation and the I-864?

Thanks,

Olof

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Filed: Country: Mexico
Timeline

Hi everyone!

I had a question about form I-864 when adjusting status. It says that you should state your total taxable income for the last three years, my fiancée (the USC) graduated college in 2010, then spent a year with me in Sweden while I was finishing school and has now worked since August of 2011. So she only had a low income for the years prior to 2011. Her present job is a 1-year contract (that she can sign again for another year, but she wants something more challenging) that finishes in june (at the moment of writing we don't know what her income/ job will be after this) but right now she makes about 34000 annually, so above the required limit.

So my question is would our situation be enough for the I-864 even if we don't know her income past June? Does anyone have any other thoughts/ recommendations regarding our situation and the I-864?

Thanks,

Olof

She will need to write a statement explaining why she was not legally required to file taxes for the previous years, and provide a tax transcript for the most recent year, 2011.

You generally provide a letter from employer and a few of your most recent pay stubs to prove current income. I am honestly not sure how it will work if her contract ends in June and she has no other job lined up yet. She may need a joint sponsor, even if she is making enough right now, her work contract and income is set to end in June. You could go ahead and file and then see if they accept the current income as it is, or send you an RFE since her job ends in a couple months. That might give enough time for her to have found another job and respond to the RFE. Your other option is to wait until she gets another job, then file. I would personally go with waiting until she has another job secured.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Filed: AOS (pnd) Country: Romania
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Don't wanna open another thread, so I will steal this one for a bit.

What happens if the USC cannot provide tax transcripts for the past 3 years, but only for 2011? And can we have a co-sonsor, the same one we used for the K1 application?

Edited by Peter_Pan


USCIS [*] 22 Nov. 2011 - I-129 package sent; [*] 25 Nov. 2011 - Package delivered; [*] 25 Nov. 2011 - NOA1/petition received and routed to the California Service Center; [*] 30 Nov. 2011 - Touched/confirmation though text message and email; [*] 03 Dec. 2011 - Hard copy received; [*]24 April 2012 - NOA2 (no RFEs)/text message/email/USCIS account updated; [*] 27 April 2012 - NOA2 hard copy received.

NVC [*] 14 May 2012 - Petition received by NVC ; [*] 16 May 2012 - Petition left NVC.

EMBASSY [*] 18 May 2012 - Petition arrived at the US Embassy in Bucharest; [*] 22 May 2012 - Package 3 received; [*] 24 May 2012 - Package sent to the consulate, interview date set; [*] 14 June 2012 - Interview date, approved.

POE [*] 04 July 2012 - Minneapolis/St.Paul. [*] 16 September 2012 - Wedding Day!

AOS/EAD/AP [*] 04 February 2013 - AOS/EAD/AP package sent; [*] 07 February 2013 - AOS/EAD/AP package delivered; [*] 12 February 2013 - NOA1 text messages/emails; [*] 16 February 2013 - NOA1 received in the regular mail; [*] 28 February 2013 - Biometrics letter received (appointment date, March 8th); [*] 04 March 2013 - Biometrics walk-in completed (9 out of 10 fingerprints taken, pinky would not give in); [*] 04 April 2013 - EAD/AP card approved; [*] 11 April 2013 - Combo card sent/tracking number obtained; [*] 15 April 2013 - Card delivered.

[*] 15 May 2013 - Moved from MN to LA; [*] 17 May 2013 - Applied for a new SS card/filed an AR-11 online (unsuccessfully), therefore called and spoke to a Tier 2 and changed the address; [*] 22 May 2013 - Address updated on My Case Status (finally can see the case numbers online); [*] 28 May 2013 - Letter received in the mail confirming the change of address; [*] 31 July 2013 - Went to Romania; [*] 12 September 2013 - returned to the US using the AP, POE Houston, everything went smoothly; [*] 20 September 2013 - Spoke to a Tier2 and put in a service request; [*] 23 September 2013 - Got "Possible Interview Waiver" letter (originally sent on August, 29th to my old address, returned and re-routed to my current address); [*] 1 October 2013 - Started a new job.

event.png

Trying to get the word out about our struggles:

http://voices.yahoo.com/almost-legal-citizen-but-not-quite-12155565.html?cat=9

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Filed: Citizen (apr) Country: Ireland
Timeline

Don't wanna open another thread, so I will steal this one for a bit.

What happens if the USC cannot provide tax transcripts for the past 3 years, but only for 2011? And can we have a co-sonsor, the same one we used for the K1 application?

As mentioned above, the petitioner should write a short, one paragraph letter explaining why they didn't file for previous years. Yes, co-sponsor is fine, but if your now-husband made enough in the last year and currently, no co-sponsor should be needed.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Filed: AOS (pnd) Country: Romania
Timeline

Ok, thanks.



USCIS [*] 22 Nov. 2011 - I-129 package sent; [*] 25 Nov. 2011 - Package delivered; [*] 25 Nov. 2011 - NOA1/petition received and routed to the California Service Center; [*] 30 Nov. 2011 - Touched/confirmation though text message and email; [*] 03 Dec. 2011 - Hard copy received; [*]24 April 2012 - NOA2 (no RFEs)/text message/email/USCIS account updated; [*] 27 April 2012 - NOA2 hard copy received.

NVC [*] 14 May 2012 - Petition received by NVC ; [*] 16 May 2012 - Petition left NVC.

EMBASSY [*] 18 May 2012 - Petition arrived at the US Embassy in Bucharest; [*] 22 May 2012 - Package 3 received; [*] 24 May 2012 - Package sent to the consulate, interview date set; [*] 14 June 2012 - Interview date, approved.

POE [*] 04 July 2012 - Minneapolis/St.Paul. [*] 16 September 2012 - Wedding Day!

AOS/EAD/AP [*] 04 February 2013 - AOS/EAD/AP package sent; [*] 07 February 2013 - AOS/EAD/AP package delivered; [*] 12 February 2013 - NOA1 text messages/emails; [*] 16 February 2013 - NOA1 received in the regular mail; [*] 28 February 2013 - Biometrics letter received (appointment date, March 8th); [*] 04 March 2013 - Biometrics walk-in completed (9 out of 10 fingerprints taken, pinky would not give in); [*] 04 April 2013 - EAD/AP card approved; [*] 11 April 2013 - Combo card sent/tracking number obtained; [*] 15 April 2013 - Card delivered.

[*] 15 May 2013 - Moved from MN to LA; [*] 17 May 2013 - Applied for a new SS card/filed an AR-11 online (unsuccessfully), therefore called and spoke to a Tier 2 and changed the address; [*] 22 May 2013 - Address updated on My Case Status (finally can see the case numbers online); [*] 28 May 2013 - Letter received in the mail confirming the change of address; [*] 31 July 2013 - Went to Romania; [*] 12 September 2013 - returned to the US using the AP, POE Houston, everything went smoothly; [*] 20 September 2013 - Spoke to a Tier2 and put in a service request; [*] 23 September 2013 - Got "Possible Interview Waiver" letter (originally sent on August, 29th to my old address, returned and re-routed to my current address); [*] 1 October 2013 - Started a new job.

event.png

Trying to get the word out about our struggles:

http://voices.yahoo.com/almost-legal-citizen-but-not-quite-12155565.html?cat=9

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