Jump to content

7 posts in this topic

Recommended Posts

Filed: IR-1/CR-1 Visa Country: Egypt
Timeline
Posted

I'm a USC and I applied for I-130 and am still waiting for approval and i'm trying to prepare myself for the NVC stage. I am confused about the affidavit of support since my income is zero and I didn't file taxes before. I haven't even worked before and our sponsor will be my mother as her income can fulfill the requirements for a sponsor. I was wondering if she should write a for I-864 or I-864A? And should she send her tax returns and IRS transcripts for the last 3 years only as a documentation with the form? or should she send something else too? ( Notice: I"m abroad now but my domicile in the US is in my mom house and we are intending to live with her there so three of us will be living together)

Posted

You and her both will fill out the I-864, sent tax transcripts as you don't have to include the W-2's. Most recent return is fine, as that is all that is required sending the other years is optional. Make sure you include a copy of her birth certificate or bio page of passport to prove that she is a USC or LPR.

Our Journey
6/13/2012 Sent I-129F package
6/14/2012 NOA1 --> California Service Center
9/25/2012 NOA2
10/01/2012 NOA2 Hardcopy received
10/01/2012 NVC Received
10/19/2012 Left NVC
11/30/2012 Picked-up Packet from Local Post Office
01/16/2013 Medical
01/23/2013 Interview - In AP

09/24/2013 Visa picked-up from DOMEX
10/10/2013 POE Ft. Lauderdale

10/28/2013 Applied for Social Security Number

01/01/2014 WEDDING IN LAS VEGAS


heart_28.gif

Filed: IR-1/CR-1 Visa Country: Egypt
Timeline
Posted

Hey Amanda! You and I are in the same situation, so I'll tell you what I did. It got accepted at NVC with no RFE :thumbs: And our interview is coming up soon, so I'll let you know later if it's okay with the embassy also.

I used my parents as HOUSEHOLD sponsors...because although I'm living in Egypt, it is only temporary and I maintain permanent residence in the US. I also share the same residence as my parents. So they filled out the I-864A as household, not joint.

Along with your Mom's form, she should send 3 years of tax transcripts or copies of her tax returns. If she does transcripts, she does not need the W-2's. If she sends the copies, she needs to include the W-2's as well. It is optional, but suggested that she also submit an employment letter showing where she works and her salary, etc...or 6 months worth of pay stubs. Also, have your mom send a copy of her birth certificate to be safe...proving she's a USC!

For you, you will still complete the I-864 and just have your current income listed as $0. You will also fill out the income tax section listing $0 for the last 3 years. With it, you must attach a letter signed by you stating that you were not required to file taxes for 2009,2010,2011 because you were unemployed.

The other option is to have your Mom be a joint sponsor...and fill out the I-864. BUT, contrary to what I see on here sometimes, the gov website clearly states that you should make sure the sponsor qualifies as joint and not household...and the other way around. Because you maintain domicile in the US (which you need to prove to the NVC), and you have the same address as your Mom...that makes you household members.

See this link: http://travel.state.gov/visa/immigrants/info/info_3202.html

Before mailing the I-864 to the NVC:

Verify that you meet the definition of a joint sponsor and NOT the definition of a household member.

Again, my interview is soon, so I'll let you know if what I did was sufficient :) I know you will get mixed answers because that's what I found when researching the question myself LOL. But hopefully since NVC accepted it, I did the right thing :)

event.png

Filed: IR-1/CR-1 Visa Country: Egypt
Timeline
Posted

And Amanda...if you read the topic I started yesterday about I-864 vs I-864A...please disregard it. The only reason I was questioning the I-864A was because I found a post on here from 2009 :bonk: LOL that said she was asked to submit the I-864 instead of I-864A by the Cairo Embassy. What I later realized was that she filed DCF...meaning she did the whole process at the embassy and NVC was never involved...and she didn't provide evidence that her and her father had the same address. Which reminds me...if you use I-864A, you need to send a copy of your birth certificate proving she's your Mom, and evidence proving you have the same address. Anyways, now we have to use NVC and they check our AOS papers to make sure we did everything correctly.

And I found an RFE thread today where a girl said she got an RFE for submitting an I-864 instead of an I-864A for a household sponsor. So now, I'm pretty confident that I did everything how I was supposed too :)

I asked for my last topic to be deleted...cause I was confused, and I think if other people read it they too will be confused LOL!

event.png

Posted (edited)

And Amanda...if you read the topic I started yesterday about I-864 vs I-864A...please disregard it. The only reason I was questioning the I-864A was because I found a post on here from 2009 :bonk: LOL that said she was asked to submit the I-864 instead of I-864A by the Cairo Embassy. What I later realized was that she filed DCF...meaning she did the whole process at the embassy and NVC was never involved...and she didn't provide evidence that her and her father had the same address. Which reminds me...if you use I-864A, you need to send a copy of your birth certificate proving she's your Mom, and evidence proving you have the same address. Anyways, now we have to use NVC and they check our AOS papers to make sure we did everything correctly.

And I found an RFE thread today where a girl said she got an RFE for submitting an I-864 instead of an I-864A for a household sponsor. So now, I'm pretty confident that I did everything how I was supposed too :)

I asked for my last topic to be deleted...cause I was confused, and I think if other people read it they too will be confused LOL!

I say make sure you have it both ways just in case(the forms everything else was correct), what the NVC will except and the Embassy wants is not always the same thing. There is a member on vj now that submitted her Affidavit of support info to NVC(for a spouse visa) and it was excepted and received her interview date, only to get a message from the Embassy telling her that she needs something different because what was excepted by NVC was not correct. Since the Embassy has the final say better safe than sorry. Because technically the I-864a is used when you are combining incomes with a household member and since you do not have an income you are not combining anything. I am filing for a K1 visa, however I am in the the same situation as well. Best of luck to you both!

Edited by reese1

Our Journey
6/13/2012 Sent I-129F package
6/14/2012 NOA1 --> California Service Center
9/25/2012 NOA2
10/01/2012 NOA2 Hardcopy received
10/01/2012 NVC Received
10/19/2012 Left NVC
11/30/2012 Picked-up Packet from Local Post Office
01/16/2013 Medical
01/23/2013 Interview - In AP

09/24/2013 Visa picked-up from DOMEX
10/10/2013 POE Ft. Lauderdale

10/28/2013 Applied for Social Security Number

01/01/2014 WEDDING IN LAS VEGAS


heart_28.gif

Filed: IR-1/CR-1 Visa Country: Egypt
Timeline
Posted

I say make sure you have it both ways just in case(the forms everything else was correct), what the NVC will except and the Embassy wants is not always the same thing. There is a member on vj now that submitted her Affidavit of support info to NVC(for a spouse visa) and it was excepted and received her interview date, only to get a message from the Embassy telling her that she needs something different because what was excepted by NVC was not correct. Since the Embassy has the final say better safe than sorry. Because technically the I-864a is used when you are combining incomes with a household member and since you do not have an income you are not combining anything. I am filing for a K1 visa, however I am in the the same situation as well. Best of luck to you both!

Thanks! Good luck to you also! I agree with doing both ways just in case. When I started to doubt my I-864A recently (because I'm spending too much time on here LOL)...I decided to have my Mom fill out an I-864 too. So, the Embassy has the I-864A now...but if for some reason they say they want the I-864 at the interview instead, my hubby can pull it out on the spot! Best to cover all the bases.

event.png

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...