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Filed: Timeline
Posted (edited)

Hi there, we are gathering all the paperwork to do the adjustment of status phase from student (F1) to permanent resident....she has an uncle and aunt that lives in California, who will sponsor her but they both file their taxes together....so what forms do they have to fill out??..this is where it gets confusing..

Is it the I-864 (her uncle) and then her aunt has to fill out the I-864A?? they make $100,000 joint, HOWEVER, there's a question on the I-864 towards the end that states "any other income from household member" and they are married, so thats her aunt, and they file taxes together...

SOOOOOO who needs to fill out what forms and what needs to be submitted??

I know I have to fill out an I-864..but what do they fill out?? I got her uncle to start filling out the I-864..who else needs to fill out what forms and submit what information??

Does it have to be seperate with the W2's to seperate their income for the affadavit of support since they both jointly file???

Please help!!

Edited by visasandheadaches
Posted

You: I-864.

Uncle: I-864.

Aunt: I-864A

If you slow down and read the instructions and don't panic, you'll find the information you seek.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Hi there, we are gathering all the paperwork to do the adjustment of status phase from student (F1) to permanent resident....she has an uncle and aunt that lives in California, who will sponsor her but they both file their taxes together....so what forms do they have to fill out??..this is where it gets confusing..

Is it the I-864 (her uncle) and then her aunt has to fill out the I-864A?? they make $100,000 joint, HOWEVER, there's a question on the I-864 towards the end that states "any other income from household member" and they are married, so thats her aunt, and they file taxes together...

SOOOOOO who needs to fill out what forms and what needs to be submitted??

I know I have to fill out an I-864..but what do they fill out?? I got her uncle to start filling out the I-864..who else needs to fill out what forms and submit what information??

Does it have to be seperate with the W2's to seperate their income for the affadavit of support since they both jointly file???

Please help!!

He fills out the I-864 with information about his income. She fills out the I-864A with information about her income. Her income from the I-864A is added to his income on line 27 of his I-864. The total should equal what's on their tax return.

A single tax return transcript for both should be sufficient.

Read the form instructions and forms carefully. Unlike the I-864, which is a contract between the sponsor and the government, the I-864A is a contract between the household member (her) and the sponsor (him). You have to keep this in mind when reading the instructions. Both of them have to sign the I-864A (remember - it's a contract between them), but only he has to sign the I-864.

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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