NVC Processing Inquiry

[KP&RP 4]

It is recommended as proof of your employment. It's ultimately up to you, but if they send you an RFE for it, it will definitely cause a delay in processing your visa. I wanted to be sure so i included one and just for reference, i looked into my father's petition for my mom and i in the 1980's and HE even had employment letters included in his affidavits of support. It's tried and tested by decades of petitions. Not my place to test whether to include one or not. I would just follow what everyone has done if it means getting closer to a visa, IMHO.

Ok, will request for employment certificate later. Thanks for the advice!

[KP&RP 4]

you as the petitioner will still have to fill out I-864. you as the petitioner will have to submit your employment letter, paystubs, and your 2011 IRS tax transcript plus 2 previous years if you like (2009, 2010).

then your mom who you are living with will have to fill out I-864A. she will have to submit her tax transcripts as well. she will also have to submit a copy of either her US passport, naturalization cert (if she is a citizen), or her green card.

to establish proof of relationship to your mother, you will need to provide a photocopy of your birth certificate.

itemized, your packet should look like this:

1. barcoded cover sheet (obtained after you pay the AOS fee)

2. cover letter (optional but good to have) which itemizes the contents of the packet

3. I-864 of the petitioner

4. employment letter of petitioner

5. recent paystubs of petitioner

6. IRS tax transcripts

7. I-864A of your household member/joint sponsor (your mother)

8. IRS transcrips of joint sponsor

9. copy of naturalization cert/US passport/GC

10. photocopy of birth certificate

Just to clarify my mom will not fill the I-864 form anymore? Just I-864A?

One more question, I was going through the I-864A form. If my mom were to fill I-864A form, who is the sponsor and who is the household member?

[krd 5]

Just to clarify my mom will not fill the I-864 form anymore? Just I-864A?

One more question, I was going through the I-864A form. If my mom were to fill I-864A form, who is the sponsor and who is the household member?

yes, just the I-864A.

you are still the sponsor, your mom is the household member.

[Ryan H 3,790]

if i was your joint sponsor living in the same household, i have to fill out I-864A.

Not correct unless petitioner and household member were combining income. If petitioner and joint sponsor who is also a household are not combining incomes, then both must complete an I-864.

I am sorry I did not get that.. Let's make it this way.. I am the petitioner and my mom will be my joint sponsor.. We're both living in the same address.. So in this case I have to fill out I-864A? If I filled out I-864A there is no need for us to fill I-864 anymore?

You and your mom both complete I-864's unless you a dependent of your mom.

[KP&RP 4]

Not correct unless petitioner and household member were combining income. If petitioner and joint sponsor who is also a household are not combining incomes, then both must complete an I-864.

You and your mom both complete I-864's unless you a dependent of your mom.

What do you mean by combining income?

What do you mean dependent? Right now I am working and I wanted my mom to be my joint sponsor just to make sure that my application won't be rejected. So which forms should we fill out now?

Edited October 13, 2012 by KP&RP

[Ryan H 3,790]

Right now I am working and I wanted my mom to be my joint sponsor just to make sure that my application won't be rejected. So which forms should we fill out now?

You both complete an I-864. Even though you and your mom live at the same address, you are not considered a "household member" for immigration purposes.

When you complete your I-864, you count yourself and the intending immigrant (your spouse) in your household size but you will not count your mom.

When your mom completes her I-864 she will not count you in her household size but will count the intending immigrant (your spouse).

To answer your other questions, what I meant by dependent is are you claimed as a dependent on her tax returns (I didn't make that clear earlier, my bad ). What meant by "combining income" is a petitioner and a member of their household combine income to meet the threshold for the Affidavit of Support. As I already stated, your mom is not considered a member of your household nor are you considered a member of hers for immigration purposes as it pertains to the Affidavit of Support.

I'll repeat it again to eliminate confusion, you and your mom both fill out the I-864.

Edited October 13, 2012 by Ryan H

[krd 5]

I combined income with my father that is why i filed i-864 and he filed I-864A.

[krd 5]

with all due respect to ryan h's post, all of what he said is true and on point, but on the I-864A instruction form, it says that a household member can be any of the following:

- a relative who has the same principal residence as the sponsor and is related to the sponsor as a spouse, adult child, parent, or sibling;

- a relative or other person who the sponsor has lawfully claimed as a dependent on the sponsor's most recent federal income tax return even if that person does not live at the same residence as the sponsor;

- the intending immigrant in certain circumstances

so to cite an example of my case, my father is my household member because a.) i live with him in the same residence and b.) i'm combining income with him because i want to make sure my income falls way above poverty limits.

thank you for clarifying, ryan h.

Edited October 13, 2012 by krd

[KP&RP 4]

with all due respect to ryan h's post, all of what he said is true and on point, but on the I-864A instruction form, it says that a household member can be any of the following:

- a relative who has the same principal residence as the sponsor and is related to the sponsor as a spouse, adult child, parent, or sibling;

- a relative or other person who the sponsor has lawfully claimed as a dependent on the sponsor's most recent federal income tax return even if that person does not live at the same residence as the sponsor;

- the intending immigrant in certain circumstances

so to cite an example of my case, my father is my household member because a.) i live with him in the same residence and b.) i'm combining income with him because i want to make sure my income falls way above poverty limits.

thank you for clarifying, ryan h.

Ok.. So in my case you are agreeing with ryan h on this that me and my mom each fill out I-864 even though I wanted to use my mom to support me with regards to the income requirement?

[KP&RP 4]

You both complete an I-864. Even though you and your mom live at the same address, you are not considered a "household member" for immigration purposes.

When you complete your I-864, you count yourself and the intending immigrant (your spouse) in your household size but you will not count your mom.

When your mom completes her I-864 she will not count you in her household size but will count the intending immigrant (your spouse).

To answer your other questions, what I meant by dependent is are you claimed as a dependent on her tax returns (I didn't make that clear earlier, my bad ). What meant by "combining income" is a petitioner and a member of their household combine income to meet the threshold for the Affidavit of Support. As I already stated, your mom is not considered a member of your household nor are you considered a member of hers for immigration purposes as it pertains to the Affidavit of Support.

I'll repeat it again to eliminate confusion, you and your mom both fill out the I-864.

My purpose for making my mom my joint sponsor is to go beyond the income requirement so that my wife's application won't get rejected. Still me and my mom each fill the I-864 form?

[krd 5]

Ok.. So in my case you are agreeing with ryan h on this that me and my mom each fill out I-864 even though I wanted to use my mom to support me with regards to the income requirement?

i'm not saying that i do or don't agree with Ryan H, because it does not pertain to my particular case of using the I-864 and I-864A. i read the instructions for using both forms and i fall into the category of using both. you would have to answer his questions of whether you are a dependent of your mom's taxes, etc. it seems as some members are more "seasoned" in advising regarding this matter that you would file an I-864 for you and a separate one for your mom but from the directions i've read in both forms, it states that you can use I-864 and I-864A.

for the instructions of I-864, part 5, question 21g, it clearly states:

This question gives you the option of including NON-DEPENDENT relatives who are living in your residence as part of your household size. Such relatives may include your mother, father, sister, brother, or adult children, if they are living in your residence. However, the only reason to include these family members in your household size is if you need to include their income when you calculate your household income for purposes of meeting the income requirement for this form. To be considered, any relative indicated in this category must sign and submit Form I-864A.

i don't want to confuse you in any way. i'm just advising you on how i've followed the guidelines reiterated on this website by many of its members. it is also stated clearly on LingChe NVC shortcut that if you live in the same household you would file I-864 & I-864A. link is here... http://www.visajourney.com/wiki/index.php/LingChe_NVC_ShortCut

Edited October 13, 2012 by krd

[krd 5]

i think the confusion here is whether you are considering your mom a joint sponsor or a household member...those have 2 different meanings when it comes to the immigration forms.

"It is important to differentiate between household members and joint

sponsors. To meet the 125 percent income requirement, a petitioner may

count his/her income and assets and/and the income and assets of household

members (as defined in Paras 20 and 25) in the same Affidavit of Support.

As long as the household members are included in the same Affidavit of

Support and have signed Form I-864a (see Para 21), they are not considered

joint sponsors. Anyone outside the household, as defined by the act, must

submit a separate Affidavit of Support and will be considered separately as

a joint sponsor. Joint sponsors may similarly include the income and

assets of their own qualified household members to meet the income

requirement." -- Department of State Rules on Affidavits of Support

it was my fault for misleading you by using the terms "joint sponsor and household member" in the same sentence. so let's start over...

if your mom will be a joint sponsor: both of you will fill out I-864

if you consider your mom a household member: you will fill out I-864 and she will fill out I-864A

both ways will help you if your purpose is to meet the poverty guidelines assuming that your own income is not enough.

Edited October 13, 2012 by krd

[KP&RP 4]

i think the confusion here is whether you are considering your mom a joint sponsor or a household member...those have 2 different meanings when it comes to the immigration forms.

"It is important to differentiate between household members and joint

sponsors. To meet the 125 percent income requirement, a petitioner may

count his/her income and assets and/and the income and assets of household

members (as defined in Paras 20 and 25) in the same Affidavit of Support.

As long as the household members are included in the same Affidavit of

Support and have signed Form I-864a (see Para 21), they are not considered

joint sponsors. Anyone outside the household, as defined by the act, must

submit a separate Affidavit of Support and will be considered separately as

a joint sponsor. Joint sponsors may similarly include the income and

assets of their own qualified household members to meet the income

requirement." -- Department of State Rules on Affidavits of Support

it was my fault for misleading you by using the terms "joint sponsor and household member" in the same sentence. so let's start over...

if your mom will be a joint sponsor: both of you will fill out I-864

if you consider your mom a household member: you will fill out I-864 and she will fill out I-864A

both ways will help you if your purpose is to meet the poverty guidelines assuming that your own income is not enough.

So me and my mom will fill out the I-864 form one for each correct?

[krd 5]

So me and my mom will fill out the I-864 form one for each correct?

if you are using her as your "joint sponsor" then, yes.

Edited October 13, 2012 by krd

[KP&RP 4]

if you are using her as your "joint sponsor" then, yes.

Ok.. Thank you so much for your help! I am very sorry if I ask too many questions.. I just want to make sure that I am doing everything right.. Your help is very much appreciated.