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Questions regarding I864, different address and etc

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I am Shahg (26) , I am new to this forum. A quick background about me. I have been living in United States for 12 years (legally). I came here on E1 (Dependent) Visa and then I filed a change of status to F1. Currently, I am on OPT and working here.

My Wife (24) and I met online. She lives in a different state. Me and my family went there and our families got us married. She will not be moving in with me for a year (The reason being that my parents want me to be settled first with my new job and a place before she moves in)

My first question is

(1) If we are currently married and she does not live with me, how could that affect my application or the whole process?

I have been filling out some forms and currently I am stuck on I864. My wife does not make enough and she has only filed one tax return. Her brother who lives in a different house (with his wife and his daughter) will be our joint sponsor. My next questions are

(2) Would my wife file I864 and choose 1a: I am the petitioner

(3) Can she un-check (leave it blank) #13: I have filed a federal tax return for three most recent tax years.

(3) What would she put where she is suppose to enter tax year (13a, 13b, 13c) where you are suppose to enter income for all those years.

(4) Would my brother in law also fill out I864

Edited by shahg

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It may be more difficult to prove you have a valid marriage if you do not live together. You would need to supply a lot of evidence that you are a bona fide couple, and the reasoning behind not living together. Also, you will have to interview together at your local USCIS office.

As for the I-864, yes, the USC spouse/petitioner/sponsor must fill out an I-864, and she would check 1a. If she has not filed taxes, then she would not check the box saying she had. For 13a-c. she would list the Total Income from line 22 of the 1040)or the AGI is she used form 1040EZ instead) for the tax year she filed for. The others she can hand-write 'Income too low-Did not file' or 'See Attachment' and provide the required statement as to why she was not legally required to file the years she did not. She should also provide proof of current income with a letter from employer and/or recent pay stubs.

As for the joint sponsor, he needs to make enough for his own household size plus you, the intending immigrant, so a household size of 4 > http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

He fills out his own I-864 and checks 1d. If his wife's income is needed to meet the requirement, then she will fill out an I-864A to go along with his I-864 If she does not fill out an I-864A, then be sure he provides his most recent tax transcript plus a copy of his most recent W-2 to show is individual income if filing taxes jointly. He also provides a letter from employer and/or recent pay stubs and proof that he is a USC or LPR.

Read through the I-864 instructions > http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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They are filed together. There is a mix of who fills out which form. See the guide > http://www.visajourney.com/content/i130guide2

Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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