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Filed: AOS (pnd) Country: Sweden
Timeline

If your husband currently earns nothing, then his father should simply fill out his own separate I-864, yes. The joint sponsor should provide a 2011 tax transcript, letter from employer, a few months worth of their most recent pay stubs, and proof that they are a USC or LPR.

He has a job right now, so he currently is earning money. Previous years hasn't been that good tho, he went to school for a year and a half and before that collecting un-employment. So in that case I'll have him file the I-864 and his mother as additional household sponsor file I-864A? (we live at the same address)

Just want to make sure, because that is what the USCIS lady said. and I really dont want to get another request for evidence again. :(

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Filed: Citizen (apr) Country: Mexico
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ok thanks. we actually went to get another medical exam yesterday but the doctor claimed he needed all these additional vaccines(hep A,chicken pox even though his immunization says he had it as a child).he doesnt have health insurance and i couldn't fathom him having a bunch of unnecessary vaccines. i think i will send this week and see if get an rfe and deal with it then. thanks.

If you do get an RFE in the future for it, find a new civil surgeon that doesn't insist on things that your husband doesn't need for AOS. :P

He has a job right now, so he currently is earning money. Previous years hasn't been that good tho, he went to school for a year and a half and before that collecting un-employment. So in that case I'll have him file the I-864 and his mother as additional household sponsor file I-864A? (we live at the same address)

Just want to make sure, because that is what the USCIS lady said. and I really dont want to get another request for evidence again. :(

Ok, so he has years where he did not file taxes, or he always filed anyway? If he did not file any of the last 3 years, then have him write a statement as to why he was not legally required to file those years. He should also send in a letter from his current employer and a few months worth of his most recent pay stubs.

His father will fill out his own I-864 and provide all the documents I listed before. If the father qualifies with his own individual income for himself, his spouse, any dependents plus you, then he does not need his wife to fill out an I-864A. If her income is also needed to meet the 125% requirement for their household size, then she should fill out an I-864A and combine her income with the father's on his I-864. She would need to provide all the same documentation as the father as well.

Poverty level guidelines: http://www.uscis.gov/files/form/i-864p.pdf

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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Filed: AOS (pnd) Country: Sweden
Timeline

Ok, so he has years where he did not file taxes, or he always filed anyway? If he did not file any of the last 3 years, then have him write a statement as to why he was not legally required to file those years. He should also send in a letter from his current employer and a few months worth of his most recent pay stubs.

His father will fill out his own I-864 and provide all the documents I listed before. If the father qualifies with his own individual income for himself, his spouse, any dependents plus you, then he does not need his wife to fill out an I-864A. If her income is also needed to meet the 125% requirement for their household size, then she should fill out an I-864A and combine her income with the father's on his I-864. She would need to provide all the same documentation as the father as well.

Poverty level guidelines: http://www.uscis.gov/files/form/i-864p.pdf

Thank you so much for your time, and sorry if it get's a little complicated now but yes, he's always filed taxes. Only recently working pretty much full time so ill def provide copies of pay-stubs from the previous 6 months or so and a letter from his employer. There is no father in my case, only mother and I had her file the I-864 as a joint sponsor already but they sent the "Request of initial evidence" back to me stating it's submitted, however it is not from the petitioner/sponsor who filed I-129F my Husband, so do you think I can go ahead and just have my Husband file the I-864 and presume that the previous joint sponsor form his mother filed is still valid for joint sponsorship?? (even tho we live on the same address) I think with my Husbands current annual income he will go above the poverty guide line without worries, plus he's getting a raise soon as well. So like you say then we don't need to submit a I-864A because we already meet the poverty guide line, but to be safe have his mother as a joint sponsor since my Husband didn't work and collected un-employment for 2 years and didn't work that much at all during his school years last year.

Does it sound right to do so?

Really appreciate your help!!

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Filed: Citizen (apr) Country: Mexico
Timeline

Thank you so much for your time, and sorry if it get's a little complicated now but yes, he's always filed taxes. Only recently working pretty much full time so ill def provide copies of pay-stubs from the previous 6 months or so and a letter from his employer. There is no father in my case, only mother and I had her file the I-864 as a joint sponsor already but they sent the "Request of initial evidence" back to me stating it's submitted, however it is not from the petitioner/sponsor who filed I-129F my Husband, so do you think I can go ahead and just have my Husband file the I-864 and presume that the previous joint sponsor form his mother filed is still valid for joint sponsorship?? (even tho we live on the same address) I think with my Husbands current annual income he will go above the poverty guide line without worries, plus he's getting a raise soon as well. So like you say then we don't need to submit a I-864A because we already meet the poverty guide line, but to be safe have his mother as a joint sponsor since my Husband didn't work and collected un-employment for 2 years and didn't work that much at all during his school years last year.

Does it sound right to do so?

Really appreciate your help!!

It is current income that counts, so if his is above the 125% for your household size, then he should not need a joint sponsor. If the RFE did not ask for anything else but the I-864 from the petitioner/sponsor, then that is probably all you need to send in, his form and the documents that go with it. If you want to be completely on the safe side, then you can also include the joint filing I-864 from his mother along with her documents that go with it. Besides sending back the required RFE paper, you can also write a cover letter for the RFE that explains everything you have enclosed.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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Filed: AOS (pnd) Country: Sweden
Timeline

It is current income that counts, so if his is above the 125% for your household size, then he should not need a joint sponsor. If the RFE did not ask for anything else but the I-864 from the petitioner/sponsor, then that is probably all you need to send in, his form and the documents that go with it. If you want to be completely on the safe side, then you can also include the joint filing I-864 from his mother along with her documents that go with it. Besides sending back the required RFE paper, you can also write a cover letter for the RFE that explains everything you have enclosed.

Thank you!! just to make sure (sorry) current is for 2012? an estimate of how much he'll earn in 2012 in total? or is current last years income in 2011?

Thank you so much for your time!

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It is what he makes right now. IE if he currently makes $500 a week, multiply that by 52 & that's his current income.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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Filed: AOS (pnd) Country: Sweden
Timeline

It is what he makes right now. IE if he currently makes $500 a week, multiply that by 52 & that's his current income.

OK! :)

Thank you!! Omg, I dont know what I would have done if i never found this website. you all are so helpful! forever thankful!

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  • 3 weeks later...
Filed: Timeline

Hi there,

I have the similar query regarding i-864.

I'm a USC got married in november ,,we applied for my husband's CR1 visa in New Delhi,India through DCF in December'11. His interview is on July5th in Mumbai,India.

I came back to U.S. a month back ,I Live with my parents and younger sibling . I'm unemployed right as of now but will get one soon, hopefully! I want to file i864 through my father as co sponsor. Should we fill two i864 forms or is it different from eachother.. i am above 21 and not dependent but considered as other dependent in his tax claims.

Also, should my husband take the original tax forms or copies're fine?

hope to get an answer from any of you

thanks! in advnce

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Filed: K-1 Visa Country: Cuba
Timeline

Hi Karthi,

You should do a I-864 as well as have your father do a seperate I-864. If you are listed as a dependent on his taxes you will need add yourself as well as your sibling as dependents on his I-864 form. Hope this helps. Let me know if you have any other questions as I sent my forms into USCIS a couple weeks ago. Good luck with the job search. Hopefully I will find one soon too!!!

Take care

Hi there,

I have the similar query regarding i-864.

I'm a USC got married in november ,,we applied for my husband's CR1 visa in New Delhi,India through DCF in December'11. His interview is on July5th in Mumbai,India.

I came back to U.S. a month back ,I Live with my parents and younger sibling . I'm unemployed right as of now but will get one soon, hopefully! I want to file i864 through my father as co sponsor. Should we fill two i864 forms or is it different from eachother.. i am above 21 and not dependent but considered as other dependent in his tax claims.

Also, should my husband take the original tax forms or copies're fine?

hope to get an answer from any of you

thanks! in advnce

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Filed: Timeline

thanks for the quick reply.

ok so i will fill in one i-864 form and father fills in another i-864

1.i dont want to get confused but what's i-864a?

i've other questions regarding my employment.

2.When we filed for my husband ,,in emplyoment history we put none because i just did one internship for 4months before graduating and i also did some part time work on campus. it was in 2010. And i think for that year, i recieved tax returns and my employers have filed taxes. Is this going to be a problem when i fill my i864

3. when going to the interview..does my husband need to carry original tax documents, which i need to send from here.

Hi there,

I have the similar query regarding i-864.

I'm a USC got married in november ,,we applied for my husband's CR1 visa in New Delhi,India through DCF in December'11. His interview is on July5th in Mumbai,India.

I came back to U.S. a month back ,I Live with my parents and younger sibling . I'm unemployed right as of now but will get one soon, hopefully! I want to file i864 through my father as co sponsor. Should we fill two i864 forms or is it different from eachother.. i am above 21 and not dependent but considered as other dependent in his tax claims.

Also, should my husband take the original tax forms or copies're fine?

hope to get an answer from any of you

thanks! in advnce

Edited by karthi
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Filed: K-1 Visa Country: Cuba
Timeline

I-864A is for when two people in the household are using their combined income to meet the poverty line. If your father makes this amount on his own then it shouldn't be a problem. Remember that amount need to be met for based on the household size(your husband, your sibling, your mom?, and you if you are a dependent on his taxes). You will fill out your own I-864 which will show you as sponsor. your father will mark his as joint sponsor.

It shouldn't be a problem that you marked employment history as none since you were a student. you are only required to show tax returns for 2011. Other years are optional so I wouldn't add them especially if they don't show you met the poverty line.

Copies of the tax returns are fine. Remember you need the W-2's as well unless you have the tax transcipt from the IRS.

thanks for the quick reply.

ok so i will fill in one i-864 form and father fills in another i-864

1.i dont want to get confused but what's i-864a?

i've other questions regarding my employment.

2.When we filed for my husband ,,in emplyoment history we put none because i just did one internship for 4months before graduating and i also did some part time work on campus. it was in 2010. And i think for that year, i recieved tax returns and my employers have filed taxes. Is this going to be a problem when i fill my i864

3. when going to the interview..does my husband need to carry original tax documents, which i need to send from here.

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Filed: Timeline

I-864A is for when two people in the household are using their combined income to meet the poverty line. If your father makes this amount on his own then it shouldn't be a problem. Remember that amount need to be met for based on the household size(your husband, your sibling, your mom?, and you if you are a dependent on his taxes). You will fill out your own I-864 which will show you as sponsor. your father will mark his as joint sponsor.

It shouldn't be a problem that you marked employment history as none since you were a student. you are only required to show tax returns for 2011. Other years are optional so I wouldn't add them especially if they don't show you met the poverty line.

Copies of the tax returns are fine. Remember you need the W-2's as well unless you have the tax transcipt from the IRS.

*Okay , I understood now :) Me & Father will fill I-864's

*For tax docs, I was going to send scanned copies but when my husband gathered some info it said this"Each beneficiary of an immediate relative (IR) petition must provide one original signed I-864 and one complete set of original supporting documents" ..So Don't want to take the risk, will've to courier him the docs.

*So for me, Since i was a student it doesnt matter right, So i don't have to give an explanation why i didnt file for taxes "

If the petitioner did not file a tax return, then the petitioner must provide a written explanation of why he/she had no legal duty to file the return."

Im sorry for many questions but im glad i got some help here..thank for your time and patience.

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Filed: K-1 Visa Country: Cuba
Timeline

Yes the I-864 form needs to be the original but the tax returns, w-2's can be copies.

I think you should mark unemployed on the I-864 and then provide the date since your last employment. Possibly also mark that you are a student. Your explanation for not filing a tax return I would presume would be because you didn't make enough in any one tax period that required you to do a return. I would only provide an explanation if you wanted to. Essentially you have no income. You're not trying to prove you have no inome, you're trying to prove your father has adequate income to support the household.

Hope this helps!

*Okay , I understood now :) Me & Father will fill I-864's

*For tax docs, I was going to send scanned copies but when my husband gathered some info it said this"Each beneficiary of an immediate relative (IR) petition must provide one original signed I-864 and one complete set of original supporting documents" ..So Don't want to take the risk, will've to courier him the docs.

*So for me, Since i was a student it doesnt matter right, So i don't have to give an explanation why i didnt file for taxes "

If the petitioner did not file a tax return, then the petitioner must provide a written explanation of why he/she had no legal duty to file the return."

Im sorry for many questions but im glad i got some help here..thank for your time and patience.

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Filed: Timeline

For my father's form i've couple of things to clarify:

part1.D: We checked D.im the only joint sponser ..is this correct..coz im also going to be filling the form as main sponser

part3: we checked 8Yes for Im sponsoring the principal immigrant in part2

part4: 20: its No on his form right coz it said petitioner sponsors only.

part6: my current annual household income: a & b combined to gether in C is $4X,XXX.00 .. so should i check 24.D does she need to fill i864a? ??

please let me know if anything i need to change..

i will soon be filling out mine

part 6: i kept unemployed since i graduated? or should i keep my internship date?

for everything else i need to keep 0 right

Yes the I-864 form needs to be the original but the tax returns, w-2's can be copies.

I think you should mark unemployed on the I-864 and then provide the date since your last employment. Possibly also mark that you are a student. Your explanation for not filing a tax return I would presume would be because you didn't make enough in any one tax period that required you to do a return. I would only provide an explanation if you wanted to. Essentially you have no income. You're not trying to prove you have no inome, you're trying to prove your father has adequate income to support the household.

Hope this helps!

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Filed: K-1 Visa Country: Cuba
Timeline

Part 1: Your father is the only joint sponsor. That is correct. He should put down D and you will put A on your form.

Part 3: Answer yes. Correct. You will answer the same on your form.

Part 4: That only applies to the petitioner(you).

Part 6: Do not check 24D. That is only if your father is combining his income with someone else in the household to meet the poverty guideline. For instance if your mother also needed to combine her income to meet the poverty guideline.

Please make sure that for your household you meet the guidelines. If your mother is in the home and you are the dependent as well as your sibling there will be a total of 5 household members. Poverty guideline would be $40,515 (if you dont live in Hawaii or Alaska). Make sure your father includes his tax return and W-2( or tax transcript ffrom IRS), copy of birth certificate or passport, 3 recent pay stubs, letter of employment. Previous two years are optional but if you feel those will provide further evidence to meet the guidelines go ahead. Can't hurt. Let me know if you have any other questions or clarification.

For my father's form i've couple of things to clarify:

part1.D: We checked D.im the only joint sponser ..is this correct..coz im also going to be filling the form as main sponser

part3: we checked 8Yes for Im sponsoring the principal immigrant in part2

part4: 20: its No on his form right coz it said petitioner sponsors only.

part6: my current annual household income: a & b combined to gether in C is $4X,XXX.00 .. so should i check 24.D does she need to fill i864a? ??

please let me know if anything i need to change..

i will soon be filling out mine

part 6: i kept unemployed since i graduated? or should i keep my internship date?

for everything else i need to keep 0 right

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