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sege5641

Decrypting the new I-864

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My wife and I are starting to freak out over this application process and no one will help us because we are in the middle of our application process.

Here is our back story:

I'm a US citizen by birth and have lived in Minnesota in tell I moved to South Africa two years ago. My wife and I meet in Minnesota while we were working five years ago and we married in South Africa two years ago. Now we both want to move to Minnesota to live and work but we are in over our heads.

We have completed the interview at the Jo'burg embassy and they have asked for more paper work. What I really need help with is this new I-864 form because every time I look at it my understanding of what it is asking changes.

My mother is going to be the sponsor since I have no income to show for 2012 and she makes over the 125% poverty line.

So my first question is if I'm the petitioner must I also be a sponsor?

If I'm not a sponsor must I still enter my South African income?

If I'm living in South Africa with my wife but we are both moving to my mothers address in Minnesota how do I fill out the I-864 correctly?

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You are required to submit an 864 regardless of no income or not enough income because you are the petitioner.

You fill out your form with your information and provide the supporting documents.

Your mother fills out her form with her information and her supporting documents.


-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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If you have specific questions about specific line items on the I-864, or questions about establishing domicile or what qualifies as enough income or assets, sege, please search this forum throughly and come back with your questions. Don't panic :)


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My wife and I are starting to freak out over this application process and no one will help us because we are in the middle of our application process.

Here is our back story:

I'm a US citizen by birth and have lived in Minnesota in tell I moved to South Africa two years ago. My wife and I meet in Minnesota while we were working five years ago and we married in South Africa two years ago. Now we both want to move to Minnesota to live and work but we are in over our heads.

We have completed the interview at the Jo'burg embassy and they have asked for more paper work. What I really need help with is this new I-864 form because every time I look at it my understanding of what it is asking changes.

My mother is going to be the sponsor since I have no income to show for 2012 and she makes over the 125% poverty line.

So my first question is if I'm the petitioner must I also be a sponsor?

If I'm not a sponsor must I still enter my South African income?

If I'm living in South Africa with my wife but we are both moving to my mothers address in Minnesota how do I fill out the I-864 correctly?

Have you been FILING a US income tax return on the income (or lack there of) you have been earning in South Africa? If not, then the USCIS will be asking for a tax return from you as the petitioner so I would FILE a 2012 tax return or you will have to show no income and cite from the IRS CFR why you were not REQUIRED to file a US income tax return--this is the one item that trips up most people when they have been living overseas and the USCIS sends an RFE for income tax returns from the petitioner. Take care of this requirement first.

Dave

Edited by Dave&Roza

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Have you been FILING a US income tax return on the income (or lack there of) you have been earning in South Africa? If not, then the USCIS will be asking for a tax return from you as the petitioner so I would FILE a 2012 tax return or you will have to show no income and cite from the IRS CFR why you were not REQUIRED to file a US income tax return--this is the one item that trips up most people when they have been living overseas and the USCIS sends an RFE for income tax returns from the petitioner. Take care of this requirement first.

Dave

My Income for 2012 was only $2,000 so I'm not filling for last year. I know that I will have to include a letter explaining why I did not file for 2012.

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If you have specific questions about specific line items on the I-864, or questions about establishing domicile or what qualifies as enough income or assets, sege, please search this forum throughly and come back with your questions. Don't panic smile.png

I really hate creating new threads but in this case since the I-864 form has been re-designed I'm having trouble understanding the old information with the new.

Inky, on 20 May 2013 - 7:03 PM, said:snapback.png

You are required to submit an 864 regardless of no income or not enough income because you are the petitioner.

You fill out your form with your information and provide the supporting documents.

Your mother fills out her form with her information and her supporting documents.

Oh yeah I know that I must file a I-864 but how I fill it out is my question. I'm really having trouble figuring out my "Status" ether Petitioner/Sponsor or just Petitioner? Also I'm finding that the address information is vary vague on what they are looking for.

Dave&Roza, on 20 May 2013 - 7:10 PM, said:snapback.png

Have you been FILING a US income tax return on the income (or lack there of) you have been earning in South Africa? If not, then the USCIS will be asking for a tax return from you as the petitioner so I would FILE a 2012 tax return or you will have to show no income and cite from the IRS CFR why you were not REQUIRED to file a US income tax return--this is the one item that trips up most people when they have been living overseas and the USCIS sends an RFE for income tax returns from the petitioner. Take care of this requirement first.

Dave

My Income for 2012 was only $2,000 so I'm not filling for last year. I know that I will have to include a letter explaining why I did not file for 2012.

Edited by sege5641

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You are the petitioner. You are sponsoring her.

Your mother is the co-sponsor.

A letter will not complete the documentation as to why you did not file. You will have to include IRS proof as to why you are not required to file taxes.


-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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You are the petitioner. You are sponsoring her.

Your mother is the co-sponsor.

A letter will not complete the documentation as to why you did not file. You will have to include IRS proof as to why you are not required to file taxes.

I'm including my payslips along with my wife's and I year to date banking statements showing the deposits from my work.

The IRS doesn't give proof they can only show that I did not file. Its really dumb if you think about it because why would I hind the fact if I were to file. The more money I make the easier it is to support the immigrate right?

But my question is do mark 1.a or 1.d or even 1.e on the new form? Because it clearly shows that I can only be a Petitioner, Sponsor, or a Joint Sponsor but not more then one. So I'm the Petitioner do I still need to enter my financial information even though I have a vary good Sponsor?

Edited by sege5641

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Yes the IRS gives proof - you send the pages of IRS instructions/ rules that clearly state who does not need to file.


-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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You will need to prepare documentation of re-establishing U.S.A. domicile and put that in with the I-864.

So, that's one I-864 on you.

and ONE I-864 on your mother.

If she filed joint taxes with her husband, then the husband files a I-864A.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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You will need to prepare documentation of re-establishing U.S.A. domicile and put that in with the I-864.

So, that's one I-864 on you.

and ONE I-864 on your mother.

If she filed joint taxes with her husband, then the husband files a I-864A.

I am the husband. Wouldn't my mother need to complete a I-864a also?

I have documentation showing domicile in the US.

I still need help on what address goes were on this form.

Edited by sege5641

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the i-864A is only used (to the best of my understanding)

if

the joint sponser / co-sponser (your mother) is domiciled at the same address as the sponser (you).

OR

a joint sponser filing the I-864 has joint income with a spouse, that 2nd spouse files the I-864A.

I could, of course, be dead wrong.

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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the i-864A is only used (to the best of my understanding)

if

the joint sponser / co-sponser (your mother) is domiciled at the same address as the sponser (you).

OR

a joint sponser filing the I-864 has joint income with a spouse, that 2nd spouse files the I-864A.

I could, of course, be dead wrong.

No I'm sure your right. I'm starting to think that the new I-864 should replace the I-864a since it asks for the same information.

Ok but my wife and I will be moving into my mothers place for at least the first five months. So does the I-864a apply in our case?

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