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Help me please .. problem of AOS I-864


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I am a US citizen, applied for my husband. I got NOA2 on Dec 2,2013.

I have a question regarding the form I-864.

As far as I know, I must fill out the I-864 form since I am the petitioner. But, I am a college student in my fourth year.

I have a part time job and I never filed a tax return.

My friend will co-sponser me; however, since I never filed a tax return, do I have to provide any proof of my dependency status?

I am a dependent under my parent's tax return.

Currently, I reside with my friend. But, my only concern is that I didn't inform my parents about my marriage. I am planning to inform them

after my husband arrives here. And, my present address that I provided to USCIS is not same as the address of my parents.

So, I just want to know if it's OK not to show my parents tax returns/transcripts to NVC and just show my friend's ones only?

How would I explain my situation on the cover letter?

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Filed: Lift. Cond. (apr) Country: China

***Moved from Progress Reports to Process & Procedures.***

**Moderator hat off**

Since your parents are not joint sponsors and will not be completing an I-864, their tax transcripts are irrelevant to your case. You will have to explain that you were not required to file taxes when you submit the package. The situation with your parents is irrelevant to the Affidavit of Support and need not be mentioned.

And to clear up the semantics out of the way, you did not "apply for your husband," you filed a petition; he will apply for a visa.

Your friend is not "co-sponsoring" you, they are acting as a joint sponsor for the beneficiary (you as the petitioner are the primary sponsor by default).

Our journey:


September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal


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I understand your situation. Lets see what others will say

USCIS Stage:
Priority Date of NOA 1 ( NBC/MSC )- March 22, 2013
07 November 13 : Case transferred NBC to another office for processing.
08 November 13 : Case transferred to your local USCIS Office for further processing.
13 November 13 : Got our transfer notice in mail. Mine was transfer in Texas Service Center
15 November 13 : Case was transferred and is now being processed at a USCIS office

02 December 13 : Got a notice that Case was approved ( NOA2 )

17 December 13 : Shipped this approved or re-affirmed case to the Department of State for visa processing.

NVC Stage :

29 December 13 : NVC received Case

30 December 13 : NVC Assigned Case Number and Invoice # (Call)

30 December 13 : DS-261 Available and completed

31 December 13 : Received e-mail to pay AOS Fee

02 January 14 : AOS bill invoice available and paid (AOS Fee Payment Status-IN PROCESS)

06 January 14 : AOS Fee 'Payment Status' changed from 'in process' to 'PAID'.

06 January 14 : IV bill invoice available and paid (IV Fee Payment Status-IN PROCESS)

08 January 14 : IV Fee 'Payment Status' changed from 'in process' to 'PAID'.

08 January 14 : DS-260 Available and completed

17 January 14 : IV package mailed

21 January 14 : IV package received (Based on USPS tracking)

22 January 14 : NVC Scanned The IV Package

28 January 14 : AOS package mailed

30 January 14 : AOS package received (Based on USPS tracking)

31 January 14 : NVC Scanned The AOS Package

10 February 14 : Received IV false checklist

24 February 14 : Received AOS checklist via e-mail

25 February 14 : Respond to AOS checklist

27 February 14 : AOS Checklist Response Received by NVC (Based on USPS tracking)

28 February 14 : NVC Scanned The AOS Checklist

17 March 14 : Case Complete

02 April 14 : Interview Date confirmed for May 06 2014 (Phone Call)

03 April 14 : Received an email about my interview appointment (P4 letter)


Consulate Stage:
08 April 14 : Medical
10 April 14 : CEAC status-Case is in TRANSIT to the Consular Section
15 April 14 : CEAC status changed to READY
06 May 14 : Interview and Approved !!!! (Thanks to Almighty Allah)

08 May 14 : Received Passport, Visa and POE Sealed file from Embassy

23 May 14 : Port of Entry @ JFK

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You make sure the I-864 form states "did not file" in the spots asking for your tax return amounts and send them a letter saying you were not required to file because you were a student, part time employed, and made under the income required to file. If you did make enough and were required to file, you should make sure that you do so. Otherwise you send nothing but the letter to accompany because you have no tax returns or transcripts.

Your friend will also sign a completed I-864 as your joint sponsor but should send proof of current employment including up to 6 months of pay stubs and an employment letter along with last year's tax transcript.

You can deal with your parents as you see fit.

Edited by NLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss


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Not this year (2013) but last year (2012) she could have not been married. Depends on timing and since the OP doesn't have a timeline, who knows when they were married.

So I guess either way you are going to have to tell your parents before tax season that you're not their dependent anymore because you're married.

Edited by NLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss


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