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reginakrys

Questions about AOS

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A little background on our case: My husband was born in California to Filipino parents - which makes him a US citizen at birth. He came to the Philippines when he was 5 months old, and returned to the US last September 2011. We have a child born in wedlock, but our daughter is not eligible for US citizenship because my husband didn't meet the residency requirements.

1. Under the Child Citizenship Act, our daughter will become a USC when she enters the US on an immigrant visa, right? So my husband has to fill up an I-864W for her, and not the usual I-864?

2. My husband's ITR 2011 only shows an income of 14k, but it's only 5 months worth of work since he only started last September (and visited us here in the Philippines Last Feb-March 2012). Will they take into account that 14k is only for 5 months worth of work, and not the whole year's income? Would they even know it's only for 5 months, and not the whole year? Would you recommend getting a joint sponsor?

3. If we do need to get a joint sponsor, we need to get the same documents as the principal sponsor, right? So, an I-864 for me and an I-864 (or I-864W) for my daughter, and all the supporting documents? Our joint sponsor is self-employed, by the way, and my husband has mentioned that she cannot show her W-2 since it is combined with her business partner. Is it possible to send the joint sponsor's ITR without the W-2?

I'm not very familiar with US tax stuff, so forgive me if some of my questions sound dumb. Thank you very much for your time and effort in answering my questions.


USCIS

10/01/11 - Filed (2) I-130's

10/04/11 - NOA-1

04/05/12 - NOA-2

Your I-130 was approved in 184 days from your NOA1 date.

NVC

04/23/12 - NVC received both cases (18 days/12 business days from NOA-2)

05/07/12 - Case numbers and IIN's (14 days/10 business days since NVC received)

05/07/12 - Sent out DS-3032 by email; auto-response received

05/08/12 - AOS fee invoiced, paid - "IN PROCESS"

05/09/12 - AOS fee shows as "PAID"

05/10/12 - Spouse's DS-3032 accepted; minor child's rejected = had petitioner call NVC = received verbal acceptance from operator

05/11/12 - Spouse's IV fee invoiced

05/14/12 - Daughter's IV fee invoiced, paid both IV fees - "IN PROCESS"

05/15/12 - Both IV fees show as "PAID"

05/16/12 - Sent both AOS and both IV packages to NVC via USPS (expected delivery: 05/19/12)

05/21/12 - All 4 packages delivered

05/30/12 - Received checklist for daughter's AOS

05/31/12 - Sent response to checklist via USPS (expected delivery: 06/01/12); Spouse's case completed

06/07/12 - Daughter's case completed; waiting for interview date

06/14/12 - P4 received: interview date 07/11/12

Embassy

07/04-05/12 - Medical at SLEC

07/11/12 - Interview: APPROVED!

07/14/12 - Visas on hand

POE: 10/17/12

GC's on hand: 10/31/12

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A little background on our case: My husband was born in California to Filipino parents - which makes him a US citizen at birth. He came to the Philippines when he was 5 months old, and returned to the US last September 2011. We have a child born in wedlock, but our daughter is not eligible for US citizenship because my husband didn't meet the residency requirements.

1. Under the Child Citizenship Act, our daughter will become a USC when she enters the US on an immigrant visa, right? So my husband has to fill up an I-864W for her, and not the usual I-864?

2. My husband's ITR 2011 only shows an income of 14k, but it's only 5 months worth of work since he only started last September (and visited us here in the Philippines Last Feb-March 2012). Will they take into account that 14k is only for 5 months worth of work, and not the whole year's income? Would they even know it's only for 5 months, and not the whole year? Would you recommend getting a joint sponsor?

3. If we do need to get a joint sponsor, we need to get the same documents as the principal sponsor, right? So, an I-864 for me and an I-864 (or I-864W) for my daughter, and all the supporting documents? Our joint sponsor is self-employed, by the way, and my husband has mentioned that she cannot show her W-2 since it is combined with her business partner. Is it possible to send the joint sponsor's ITR without the W-2?

I'm not very familiar with US tax stuff, so forgive me if some of my questions sound dumb. Thank you very much for your time and effort in answering my questions.

Because she was born out of wedlock, it is not entirely clear to me that the daughter will become a USC automatically upon entry. Although technically your husband's natural child is eligible, it has not yet been established this child is his natural child.

Your husband will disclose information about three past years of tax return information but it is his "current income" that will qualify him to sponsor. If he's working at that job now earning $33,600 (That's $14,000 divided by 5 then multiplied by 12 months.) then that's what he states as as current income.

When there IS no W2, then there is NO W2. Self employed people don't have W2 forms. If you're husband still has that job and it's just the three of you, you would not need a joint sponsor.

Once you're in the USA, I would just apply for a passport for the daughter. If any documentation is requested as evidence she's your husband's natural child, it will be asked for. They may require DNA testing. Since this is the Philippines, I expect they will, as the husband you were not married to at the time of birth will not have his name shown on the child's birth certificate. Right?

Edited by pushbrk

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Understanding the big picture is priceless. Anonymous

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We have a child born in wedlock, but our daughter is not eligible for US citizenship because my husband didn't meet the residency requirements.

Because she was born out of wedlock,

The OP stated her and her husband's child was born in wedlock.


Our journey:

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September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Because she was born out of wedlock, it is not entirely clear to me that the daughter will become a USC automatically upon entry. Although technically your husband's natural child is eligible, it has not yet been established this child is his natural child.

Your husband will disclose information about three past years of tax return information but it is his "current income" that will qualify him to sponsor. If he's working at that job now earning $33,600 (That's $14,000 divided by 5 then multiplied by 12 months.) then that's what he states as as current income.

When there IS no W2, then there is NO W2. Self employed people don't have W2 forms. If you're husband still has that job and it's just the three of you, you would not need a joint sponsor.

Once you're in the USA, I would just apply for a passport for the daughter. If any documentation is requested as evidence she's your husband's natural child, it will be asked for. They may require DNA testing. Since this is the Philippines, I expect they will, as the husband you were not married to at the time of birth will not have his name shown on the child's birth certificate. Right?

Our daughter was born IN wedlock, and both our names are on her birth certificate.

He only filed taxes for 2011 because he only starting working in the US last September. He previously had a job here in the Philippines for 5 months, earning about Php20,000 a month, but I think it falls under the minimum required to file taxes(?) - not sure of the correct term for this. I had him prepare a letter explaining why he didn't file for the previous years.

So, in relation to form I-864, he puts $33,600 on #23 of I-864? And it wouldn't matter if his ITR only shows 14k? Also, on number 25, he wouldn't tick any box, right? And for the 2nd and 3rd most recent tax years, he would put 0?

Hmm, he still has that job but now works less hours because of less demand - he is a home health nurse and recently, the number of patients has decreased. However, on the days he doesn't do home health, he works at a clinic, but earns less than he does working for home health.


USCIS

10/01/11 - Filed (2) I-130's

10/04/11 - NOA-1

04/05/12 - NOA-2

Your I-130 was approved in 184 days from your NOA1 date.

NVC

04/23/12 - NVC received both cases (18 days/12 business days from NOA-2)

05/07/12 - Case numbers and IIN's (14 days/10 business days since NVC received)

05/07/12 - Sent out DS-3032 by email; auto-response received

05/08/12 - AOS fee invoiced, paid - "IN PROCESS"

05/09/12 - AOS fee shows as "PAID"

05/10/12 - Spouse's DS-3032 accepted; minor child's rejected = had petitioner call NVC = received verbal acceptance from operator

05/11/12 - Spouse's IV fee invoiced

05/14/12 - Daughter's IV fee invoiced, paid both IV fees - "IN PROCESS"

05/15/12 - Both IV fees show as "PAID"

05/16/12 - Sent both AOS and both IV packages to NVC via USPS (expected delivery: 05/19/12)

05/21/12 - All 4 packages delivered

05/30/12 - Received checklist for daughter's AOS

05/31/12 - Sent response to checklist via USPS (expected delivery: 06/01/12); Spouse's case completed

06/07/12 - Daughter's case completed; waiting for interview date

06/14/12 - P4 received: interview date 07/11/12

Embassy

07/04-05/12 - Medical at SLEC

07/11/12 - Interview: APPROVED!

07/14/12 - Visas on hand

POE: 10/17/12

GC's on hand: 10/31/12

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Our daughter was born IN wedlock, and both our names are on her birth certificate.

He only filed taxes for 2011 because he only starting working in the US last September. He previously had a job here in the Philippines for 5 months, earning about Php20,000 a month, but I think it falls under the minimum required to file taxes(?) - not sure of the correct term for this. I had him prepare a letter explaining why he didn't file for the previous years.

So, in relation to form I-864, he puts $33,600 on #23 of I-864? And it wouldn't matter if his ITR only shows 14k? Also, on number 25, he wouldn't tick any box, right? And for the 2nd and 3rd most recent tax years, he would put 0?

Hmm, he still has that job but now works less hours because of less demand - he is a home health nurse and recently, the number of patients has decreased. However, on the days he doesn't do home health, he works at a clinic, but earns less than he does working for home health.

Sorry, I misread in wedlock as out of wedlock. Should be no issue with either an I-864W or the passport application.

Current income is current income. 2011 is the past. Separate them in your mind. If your husband's hours vary, I would take his year to date income from his last pay stub for April's work. He probably has that now. Take the total and multiply by 3 to find current annual income. The number IS what it IS but as long as it is over the about $19,000 required minimum, you're good to go.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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