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aditya3245

i-864a by the intending immigrant ???

By aditya3245 in IR-1 / CR-1 Spouse Visa Process & Procedures

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aditya3245 Rising Star

aditya3245   113

Posted
Filed: Other Country: India
 Timeline
Posted

All,

I have tripped up onto a weird situation that might be problematic to me once my petition gets to the NVC.

I filed 4 tax returns with my USC spouse.

Right now im a non-immigrant (no legal status, not in North America etc).

If my spouse wants to use 3 years tax returns - and i filed jointly with her, should I sign a i-864 A as an intending immigrant ?

Is that possible ?

Zedayn Experienced

Zedayn   485

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted (edited)

Yes it is possible. You have to meet some basic requirements in order to file an I-864A to combine your income with that of your USC spouse.

  • You must live at the same residence as your sponsor.
  • You must establish that your income will continue from the same source, even after permanent residency is granted.
  • Your sponsor is your spouse.

From the I-864A instructions here: http://www.uscis.gov/sites/default/files/files/form/i-864ainstr.pdf

Edited by Zedayn

K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;  Interview Waiver Letter:  01/02/2015;  

RFE:  07/09/2015;  Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

NOA1:  05/24/2017;  Biometrics:  06/13/2017;  Approved without interview:  09/05/2018;  10 Yr Green card Received:  09/13/2018

 

Naturalization

08/09/2020 -- Filed N-400 online

08/09/2020 -- NOA1 date

08/11/2020 -- NOA1 received in the mail

12/30/2020 -- Received notice online that an interview was scheduled

02/11/2021 -- Interview

Ryan H Grand Master

Ryan H   3,813

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

Moved from Progress Reports to Process & Procedures.

Our journey:

Spoiler

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

 

NikLR Grand Master

NikLR   13,227

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Are you currently working in the USA? If not then No, do not sign a completed I-864a. Only US based income counts towards the Affidavit of Support.

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

 

aditya3245 Rising Star

aditya3245   113

Posted
Filed: Other Country: India
 Timeline
  • Author
Posted

Are you currently working in the USA? If not then No, do not sign a completed I-864a. Only US based income counts towards the Affidavit of Support.

I am not in the US.

BUT

I previously had legal US Income that was documented in the previous tax filings (JOINT FILING)

All Legal - all filed jointly.

No income AHORA.

:)

Is that good ?

  • 2 months later...
Asia Mentor

Asia   2,498

Posted
Filed: Timeline
Posted

@aditya

Interested in following zedayns post - what did you guys do ?

@NLR

Zedayns post says nothing about it being US income.

Neither do the instructions on Form i-864

But:

You must establish that your income will continue from the same source, even after permanent residency is granted.

Will your income continue after your moving to the US?

 
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