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Filed: IR-1/CR-1 Visa Country: Colombia
Timeline
Posted (edited)

Hello everyone, I am new to this site to bare with me as I try to get accustomed to this forum.

My name is Milton, I got married almost two years ago (in Colombia) and since then I have been trying to bring the wife to the US and live with me. I have never requested anyone in the past, so this has definitely been a learning experience.

My story is this one.. I filed the I-130 17 months ago and just a few days ago the wife finally received the date to the interview. The day finally arrived and she was very nervous of course because she did not know that they would ask. I called her a few minutes later to hear the good news...but she tells me is that the interview did not go so well, that I need to find a co-sponsor because I did not make enough money last year( lived 6 months with wife in Colombia), at this point we are a bit sad because we have been really patient.

The US embassy (in Bogota) gave her a form in Spanish that tells her which documents we need to submit back to them.

Before we submit them I would like to ask if anyone could provide their input on this matter.

[x] passport

[x] I-864 co-sponsor (my friend will be the co-sponsor)

[x] I-864A signed by household member and co-sponsor

[x] W2 and 1040 from household member and co-sponsor

my question is this one.

I the past I had my dad as a household member and used his income with mine. That being said does my dad need to fill out the form I864a with the co-sponsor which is my friend?

Let me know If you guys need more information from me in order to give me a more concrete answer. thanks in advance.

MODS feel free to relocate my post in case I posted in the wrong section

Edited by unknownstatus
Filed: IR-1/CR-1 Visa Country: Kosova
Timeline
Posted (edited)

If your dad is no longer living with you and is not sponsoring your wife, then he doesn't need to submit any documents.

Also, this happened to me and my husband. Once I found a co-sponsor and submitted the paperwork to the embassy his visa was approved.

Edited by indiana_sweetie

XMY93gI.jpgXMY9m5.png

AAD1m5.pngThankYouUSA-Kosova.jpg

See my Timeline for details of our visa journey
17-Aug-2011 Our Wedding Day in Kosovo 
07-Nov-2011 Filed I-130
21-Nov-2011 NOA1
23-Aug-2012 NOA2 Approved 276 days
10-Jan-2013 Case complete via email

28-Feb-2013 Interview, result AP
11-Apr-2013 Embassy appointment - VISA APPROVED and issued in 4 hours
30-Apr-2013 POE Chicago O'Hare - He's home!

04-Sep-2014 Moved to northern California

12-Mar-2015 Filed ROC
16-Mar-2015 Documents delivered
18-Mar-2015 Check cashed
19-Mar-2015 NOA1 dated 03/16/2015 received in mail
13-Apr-2015 Biometrics completed
02-Feb-2016 Contacted USCIS about case, was told it's on hold because of security checks (email)
04-Mar-2016 Moved to Wisconsin
12-Aug-2016 New Biometrics appointment
14-Sep-2016 Contacted USCIS again about case (email said we should hear from them by Oct 6)
22-Sep-2016 Letter from USCIS dated 9/20 explaining the Service Request is currently being reviewed by an officer.
22-Sep-2016 Letter from USCIS dated 9/20 with Interview appointment for both of us for 28-Sep-2016
28-Sep-2016 Interview, both of us, separated, not hard, 10 min. each, result---said hubby will get GC in about 10 days
26-Oct-2016 *****STILL WAITING*****
02-Nov-2016 Card is being produced!!!
08-Nov-2016 Card is mailed
10-Nov-2016 Card is Delivered!!!! YAY
CITIZENSHIP: 

Biometrics appointment for 2020-03-27 has been cancelled until further notice as all field offices are closed because of COVID-19.

***NOA dated 12/10/2020 USCIS stated they are able to reuse previous Biometrics***

Interview was easy. My hubby's Oath Ceremony is scheduled for February 25th. I can't watch >sad< but happy he is getting his certificate!

25-FEB-2021 Oath Ceremony! My hubby is a Citizen!

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

If your dad is no longer living with you and is not sponsoring your wife, then he doesn't need to submit any documents.

Also, this happened to me and my husband. Once I found a co-sponsor and submitted the paperwork to the embassy his visa was approved.

that makes sense, Im just worried that if I just send them the I864 from my friend that they will deny us because we are not submitting all of the additional documents that they are requesting (the I864A)

Filed: Country: Vietnam (no flag)
Timeline
Posted (edited)

To fulfill the I-864 requirement, your father's income cannot be combined with friend's income. You can have one help you meet the I-864 obligation, but you cannot have both.

Choice 1. Your income and your dad's income can be combined. You file the I-864 and dad files the I-864a as your household member if he lives with you. If dad does not live with you, then he cannot file as your household member.

Choice 2. With a Joint Sponsor, only the Joint Sponsor's income will count. You file the I-864 as the petitioner and your JS files another I-864. Since you are using a Joint Sponsor, your income and your father's income are irrelevant.

There is absolutely no way for your father to combine his income with your friend who is the Joint Sponsor.

Does your JS make enough by himself to meet the 125% poverty line?

Edited by aaron2020
Filed: IR-1/CR-1 Visa Country: Colombia
Timeline
Posted

To fulfill the I-864 requirement, your father's income cannot be combined with friend's income. You can have one help you meet the I-864 obligation, but you cannot have both.

Choice 1. Your income and your dad's income can be combined. You file the I-864 and dad files the I-864a as your household member if he lives with you. If dad does not live with you, then he cannot file as your household member.

Choice 2. With a Joint Sponsor, only the Joint Sponsor's income will count. You file the I-864 as the petitioner and your JS files another I-864. Since you are using a Joint Sponsor, your income and your father's income are irrelevant.

There is absolutely no way for your father to combine his income with your friend who is the Joint Sponsor.

Does your JS make enough by himself to meet the 125% poverty line?

Thank you so much, Looks like choice 2 will be my option. and yes the JS does make well enough to meet the poverty line.

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

I want to thank you all for the quick suggestions on this matter. I will be meeting up with my friend tomorrow and we will each be filling out the I-864 forms. On monday I will taking a trip to Colombia to spend X-mas with the wife. I will posting an update when I get back 2014!

  • 4 weeks later...
Filed: IR-5 Country: United Kingdom
Timeline
Posted

congrats!

I-130 for both parents

March 28th 2013 - Priority date/ NOA 1
November 14th 2013 - Transferred to Nebraska Service Center

January 7th 2014 - Case changed online to approved for both

January 8th 2014 - case changed to shipped to NVC

January 9th 2014 - case changed to NOA 2 mailed

January 10th 2014 - Received the hardcopy of the NOA 2 stating that NVC would issue a case number in 30 days approx.

January 21st 2014 - Case Received at NVC

February 26th 2014 - Case numbers and IIN number received - Wrong embassy code assigned...now waiting for new case numbers.

March 3rd 2014 - Filled in DS-261 for both parents

March 5th 2014- AOS available, paid and submitted AOS packet.

March 6th 2014 - USPS shows packet was delivered at NVC

March 10th 2014 - AOS shows as paid in the CEAC portal/AOS logged into system as being received by NVC.

March 11th 2014 - New case number assigned for my Dad.

March 20th 2014 - Paid IV fee for my Mum.

March 25th 2014 - AOS accepted by NVC with no checklist.

March 26th 2014 - Filled in and submitted DS-260 for my Mum

March 31st 2014 - AOS found in my Mum's file for my Dad - accepted and placed into his file/IV fee available for my Dad and Paid.

April 1st - Mailed all civil documents to NVC for both parents.

April 3rd: IV fee shows as paid in portal/submitted DS-260 for my Dad.

April 22nd: checklist issued for civil documents - NVC error ...

April 23rd: sent another certified copy of my marriage certificate

April 24th: Case complete! :)

April 30th 2014 - Medical scheduled for parents at Knightsbridge in London

June 11th: Interview at London Embassy - Approved :)

 
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