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nishantvodoo

i-864 Help (Wife doesn't have tax-return papers)

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Filed: F-1 Visa Country: Nepal
Timeline

I am on a student visa who recently got married to an 18 year old. My mother in law is my sponser. I did all my paperwork myself and submitted. However I got a letter today that said:

--Form I-864 Affidavit of support was submitted; however, it was not from the petitioner/sponsor.
Please submit a completed and signed Form I-864 with a revision date of 03/22/13, for the petitioner/sponsor listed on Form I-130 or Form I-129F. Even if a joint sponsor will be used, the petitioner/sponsor must submit form I-864
-- the joint sponsor on Form I-864, Affidavit if Support, must submit a complete Federal Income tax Return submitted to the Internal Revenue Service (IRS) for the most recent year.

The i-864 was filled by my mother in law only and attached were all her tax returns.

I am confused as to what this means. Can someone please explain me what I am missing or what I need to do?

Thank You

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The petitioner is always the primary sponsor regardless of income, even if it's $0.

Your spouse will need to complete an I-864 of their, together with all supporting documentation.

Edited by Hypnos

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AoS

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Filed: Citizen (apr) Country: Ireland
Timeline

**** Moving from Student Visa to AOS from Student Visa *****


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Filed: F-1 Visa Country: Nepal
Timeline

I am doing my i-864 (Affidavit of Support). I am a student visa holder and I got married to an 18 year old.

The form says that I need to include the tax-return, w-2 and employment verification documents when I fill out i-864. However, my wife doesn't have all those papers because she is still in school and have never filled tax return documents. What should I do in this case?

My mother-in-law is the sponser and I have all the documents I need from her.

Do I need to file 2 different i-864 from both my wife and mother-in-law? If so, how should I fill the first page of I-864 in both cases?

Edited by nishantvodoo

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Filed: Citizen (pnd) Country: Germany
Timeline

Your wife is the sponsor and your MIL is the joint-sponsor, regardless of income. Your wife and her mother will each fill out their own I-864. Your wife will submit a letter stating why she wasn't required to file tax returns (no income as a student) and your MIL will submit all required 2013 tax information.


However, which of you is the petitioner? You say "I'm filling out the I-864", but that's your wife's duty since you make her out to be the petitioner.


Myself: US citizen; Husband: German citizen

TransferWise Invitation Link: (first wire transfer is free) https://transferwise.com/u/eec50

(B-2 Journey):

 

 

-(then fiance) H-2B work visa application terminated due to qualification difficulties in Aug. 2010.

-(then fiance) B-2 tourist visa denied due to lack of strong ties to Germany in Sept. 2010.
-Third ESTA denied due to his suspiscious visa status on Oct. 15, 2012.
-B-2 tourist visa approved on Nov. 16, 2012!

 

(IR-1 Journey):

 

 

-Extended German residence permit obtained Aug. 23, 2014. (to qualify for DCF)

-Husband's new German passport picked up Aug. 28, 2014. (Old one expires 2015)

-I-130 packet sent to Frankfurt (DCF) Aug. 29, 2014!

-NOA1 issued Sept. 9, 2014 (received Sept.13)

-RFE regarding evidence of bona fide marriage received along with NOA1

-RFE reply packet sent to Frankfurt Sept. 30, 2014

-E-mail response (NOA2) received by USCIS Frankfurt on Oct. 23, 2014 (Petition APPROVED Oct. 20!!!) :dancing:

-Paper NOA2 received in the mail Oct. 29, 2014

-Case number assigned by IV unit Oct. 30, 2014 (Received by email Nov. 3)

-Paper "Packet 3" arrived in mail Nov. 4, 2014

-DS-260 and Document Delivery Registration submitted to Frankfurt Nov. 4, 2014

-Mailed in priority date request found on Packet 3 to IV Unit Nov. 5, 2014

-IV ("Packet 3") package sent to Frankfurt Nov. 17, 2014

-Medical completed by Frankfurt panel physician Nov. 17, 2014

-Received "Packet 4" via e-mail Nov. 20, 2014

-Interview booked for Dec. 3, 2014 (booked Nov. 21, 2014 after email authorization received)
-Visa approved, issued AND picked up by the courier all within 7 hours, Dec. 3, 2014
:dance:

-Visa packet arrived in the mail Dec. 4, 2014

-Visa packet had to be returned to Frankfurt for correction on Immigrant Data Summary sheet (wrong birthplace listed) Dec. 5, 2014

-Corrected visa packet received in the mail Dec. 11, 2014

-$165 Immigrant fee paid Dec. 11, 2014

-POE (through Dublin, Ireland) Jan. 18, 2015

-Registered manually for social security Jan. 27, 2015

-Social security card arrived within 2 weeks after applying in person/green card arrived within 30 days after entering U.S.

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Filed: Citizen (pnd) Country: Germany
Timeline

Yes, your wife will check box 1.a. where it says 'I am the petitioner' on her I-864, your MIL the box 1.d. on hers where it says 'I am the only joint sponsor'...assuming there is no second joint sponsor. (FIL adding in his income to exceed the poverty line as a couple)

Edited by Stressed Out

Myself: US citizen; Husband: German citizen

TransferWise Invitation Link: (first wire transfer is free) https://transferwise.com/u/eec50

(B-2 Journey):

 

 

-(then fiance) H-2B work visa application terminated due to qualification difficulties in Aug. 2010.

-(then fiance) B-2 tourist visa denied due to lack of strong ties to Germany in Sept. 2010.
-Third ESTA denied due to his suspiscious visa status on Oct. 15, 2012.
-B-2 tourist visa approved on Nov. 16, 2012!

 

(IR-1 Journey):

 

 

-Extended German residence permit obtained Aug. 23, 2014. (to qualify for DCF)

-Husband's new German passport picked up Aug. 28, 2014. (Old one expires 2015)

-I-130 packet sent to Frankfurt (DCF) Aug. 29, 2014!

-NOA1 issued Sept. 9, 2014 (received Sept.13)

-RFE regarding evidence of bona fide marriage received along with NOA1

-RFE reply packet sent to Frankfurt Sept. 30, 2014

-E-mail response (NOA2) received by USCIS Frankfurt on Oct. 23, 2014 (Petition APPROVED Oct. 20!!!) :dancing:

-Paper NOA2 received in the mail Oct. 29, 2014

-Case number assigned by IV unit Oct. 30, 2014 (Received by email Nov. 3)

-Paper "Packet 3" arrived in mail Nov. 4, 2014

-DS-260 and Document Delivery Registration submitted to Frankfurt Nov. 4, 2014

-Mailed in priority date request found on Packet 3 to IV Unit Nov. 5, 2014

-IV ("Packet 3") package sent to Frankfurt Nov. 17, 2014

-Medical completed by Frankfurt panel physician Nov. 17, 2014

-Received "Packet 4" via e-mail Nov. 20, 2014

-Interview booked for Dec. 3, 2014 (booked Nov. 21, 2014 after email authorization received)
-Visa approved, issued AND picked up by the courier all within 7 hours, Dec. 3, 2014
:dance:

-Visa packet arrived in the mail Dec. 4, 2014

-Visa packet had to be returned to Frankfurt for correction on Immigrant Data Summary sheet (wrong birthplace listed) Dec. 5, 2014

-Corrected visa packet received in the mail Dec. 11, 2014

-$165 Immigrant fee paid Dec. 11, 2014

-POE (through Dublin, Ireland) Jan. 18, 2015

-Registered manually for social security Jan. 27, 2015

-Social security card arrived within 2 weeks after applying in person/green card arrived within 30 days after entering U.S.

kXYGp1.png

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Filed: Citizen (pnd) Country: Germany
Timeline

It doesn't have to be anything fancy, but they want at least a written declaration of having not been required to file tax returns. Here's what I'm submitting:

Explanation of Tax Exemption

I have not filed (and was not required to) any tax returns for the past three tax years as my last job (of any kind) was working at IHOP in Broken Arrow, Oklahoma. I quit that job early fall of 2010, moved to Germany January 2011 and was unable to find work until I was employed June 2014 as a newspaper courier. Between 2011 to mid-2014 I was unemployed and, even if I were to add on the income of my husband, we were both earning under $20,000/year, making us tax exempt. We were supported by my husband's parents up until my husband was taken over June 2014 as a full-time employee by the employer who had provided him his internship.

Sincerely,

_______________________________ Date:__________

(Petitioner/Main Sponsor)

My Name

Edited by Stressed Out

Myself: US citizen; Husband: German citizen

TransferWise Invitation Link: (first wire transfer is free) https://transferwise.com/u/eec50

(B-2 Journey):

 

 

-(then fiance) H-2B work visa application terminated due to qualification difficulties in Aug. 2010.

-(then fiance) B-2 tourist visa denied due to lack of strong ties to Germany in Sept. 2010.
-Third ESTA denied due to his suspiscious visa status on Oct. 15, 2012.
-B-2 tourist visa approved on Nov. 16, 2012!

 

(IR-1 Journey):

 

 

-Extended German residence permit obtained Aug. 23, 2014. (to qualify for DCF)

-Husband's new German passport picked up Aug. 28, 2014. (Old one expires 2015)

-I-130 packet sent to Frankfurt (DCF) Aug. 29, 2014!

-NOA1 issued Sept. 9, 2014 (received Sept.13)

-RFE regarding evidence of bona fide marriage received along with NOA1

-RFE reply packet sent to Frankfurt Sept. 30, 2014

-E-mail response (NOA2) received by USCIS Frankfurt on Oct. 23, 2014 (Petition APPROVED Oct. 20!!!) :dancing:

-Paper NOA2 received in the mail Oct. 29, 2014

-Case number assigned by IV unit Oct. 30, 2014 (Received by email Nov. 3)

-Paper "Packet 3" arrived in mail Nov. 4, 2014

-DS-260 and Document Delivery Registration submitted to Frankfurt Nov. 4, 2014

-Mailed in priority date request found on Packet 3 to IV Unit Nov. 5, 2014

-IV ("Packet 3") package sent to Frankfurt Nov. 17, 2014

-Medical completed by Frankfurt panel physician Nov. 17, 2014

-Received "Packet 4" via e-mail Nov. 20, 2014

-Interview booked for Dec. 3, 2014 (booked Nov. 21, 2014 after email authorization received)
-Visa approved, issued AND picked up by the courier all within 7 hours, Dec. 3, 2014
:dance:

-Visa packet arrived in the mail Dec. 4, 2014

-Visa packet had to be returned to Frankfurt for correction on Immigrant Data Summary sheet (wrong birthplace listed) Dec. 5, 2014

-Corrected visa packet received in the mail Dec. 11, 2014

-$165 Immigrant fee paid Dec. 11, 2014

-POE (through Dublin, Ireland) Jan. 18, 2015

-Registered manually for social security Jan. 27, 2015

-Social security card arrived within 2 weeks after applying in person/green card arrived within 30 days after entering U.S.

kXYGp1.png

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Filed: Citizen (pnd) Country: Germany
Timeline

No problem! Good luck to you guys!


Myself: US citizen; Husband: German citizen

TransferWise Invitation Link: (first wire transfer is free) https://transferwise.com/u/eec50

(B-2 Journey):

 

 

-(then fiance) H-2B work visa application terminated due to qualification difficulties in Aug. 2010.

-(then fiance) B-2 tourist visa denied due to lack of strong ties to Germany in Sept. 2010.
-Third ESTA denied due to his suspiscious visa status on Oct. 15, 2012.
-B-2 tourist visa approved on Nov. 16, 2012!

 

(IR-1 Journey):

 

 

-Extended German residence permit obtained Aug. 23, 2014. (to qualify for DCF)

-Husband's new German passport picked up Aug. 28, 2014. (Old one expires 2015)

-I-130 packet sent to Frankfurt (DCF) Aug. 29, 2014!

-NOA1 issued Sept. 9, 2014 (received Sept.13)

-RFE regarding evidence of bona fide marriage received along with NOA1

-RFE reply packet sent to Frankfurt Sept. 30, 2014

-E-mail response (NOA2) received by USCIS Frankfurt on Oct. 23, 2014 (Petition APPROVED Oct. 20!!!) :dancing:

-Paper NOA2 received in the mail Oct. 29, 2014

-Case number assigned by IV unit Oct. 30, 2014 (Received by email Nov. 3)

-Paper "Packet 3" arrived in mail Nov. 4, 2014

-DS-260 and Document Delivery Registration submitted to Frankfurt Nov. 4, 2014

-Mailed in priority date request found on Packet 3 to IV Unit Nov. 5, 2014

-IV ("Packet 3") package sent to Frankfurt Nov. 17, 2014

-Medical completed by Frankfurt panel physician Nov. 17, 2014

-Received "Packet 4" via e-mail Nov. 20, 2014

-Interview booked for Dec. 3, 2014 (booked Nov. 21, 2014 after email authorization received)
-Visa approved, issued AND picked up by the courier all within 7 hours, Dec. 3, 2014
:dance:

-Visa packet arrived in the mail Dec. 4, 2014

-Visa packet had to be returned to Frankfurt for correction on Immigrant Data Summary sheet (wrong birthplace listed) Dec. 5, 2014

-Corrected visa packet received in the mail Dec. 11, 2014

-$165 Immigrant fee paid Dec. 11, 2014

-POE (through Dublin, Ireland) Jan. 18, 2015

-Registered manually for social security Jan. 27, 2015

-Social security card arrived within 2 weeks after applying in person/green card arrived within 30 days after entering U.S.

kXYGp1.png

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Filed: Country: Mexico
Timeline

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas - OP adjusting from student visa~


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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Filed: Citizen (apr) Country: Canada
Timeline

~~Duplicate threads merged. Please do not post multiple threads for the same or similar topic.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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