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ggodoi

2 forms I864 or just one?

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Filed: Country: Brazil
Timeline

Hi,

My wife and I are preparing the package for my AOS. Our most recent tax return is jointly but all income came from me through a 1099, she is a stay at home mom (hard work but no income). Question is, do we just need one form 864 where she will use the amount from our joint return? do I need one as well? Do we need a letter from the company I perform work to?

Thanks in advance for the help, reading this forum has helped a lot.


-AOS sent (I-485 I-130 and I-765) 03/06/15

-AOS delivered 03/09/15

-NOA email/text 03/13/15

-NOA in the mail 03/20/15

-Biometric letter 03/27/15

-Biometric appointment 04/06/15

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Filed: Country: Brazil
Timeline

Anybody??

After doing some more research I believe there is not such a thing as self sponsor on this case, since we dnt have anybody to joint sponsor we will have to go with only one I-864. Its gona be my wife and on income I will use amount of our last year joint return. Will it be a problem that 1099 is in my name? is it ok to use income of our joint return as her income on form 864? Do I send copy of 1099 in my name or only transcript of the tax return?

I am really confused and a joint sponsor would make it a lot easier but we dnt have anybody really. Another confusing point is, I consulted an immigration attorney and he said my case wouldn't be difficult and that our joint return was perfect and it wouldn't be a problem, but then I read many threads where people are saying somebody out of status cant be working (which I know, but have no choice) and that beneficiary's income cant be used if from illegal employment. I dnt know what to believe at this point and I need this form 864 figured out before I move on.

Any help would be much appreciated.


-AOS sent (I-485 I-130 and I-765) 03/06/15

-AOS delivered 03/09/15

-NOA email/text 03/13/15

-NOA in the mail 03/20/15

-Biometric letter 03/27/15

-Biometric appointment 04/06/15

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Filed: Country: Mexico
Timeline

What visa are you adjusting from? If you are working legally, then your income can be used on the USC sponsor's I-864. You will need to provide proof of the income and proof that the income will continue from the same source once you become a permanent resident.

If you are not working legally, then your income cannot be used on the USC spouse's I-864.


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: Country: Brazil
Timeline

What visa are you adjusting from? If you are working legally, then your income can be used on the USC sponsor's I-864. You will need to provide proof of the income and proof that the income will continue from the same source once you become a permanent resident.

.

If you are not working legally, then your income cannot be used on the USC spouse's I-864.[/quote

I am current out of status, I was on F1 visa, I met my wife in 2012 we got married the same year, december 2012 we found out she was pregnant, 2013 I started to work selfemployed being paid cashand givrn a 1099. our daughter was born august 2013, my wife have not worked since beggining 2013, we are well above poverty guidelines but all income comes from me. my wife gona fill form 864 and attachhed gona be the transcript of our joint return. we have nobody to co sponsor. I work and provide for my family, I dnt intend and never will be a charge to th e government.


-AOS sent (I-485 I-130 and I-765) 03/06/15

-AOS delivered 03/09/15

-NOA email/text 03/13/15

-NOA in the mail 03/20/15

-Biometric letter 03/27/15

-Biometric appointment 04/06/15

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

~Moved from Fam.-based AOS to WST-based AOS Forum~

~adjusting from student visa~


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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Filed: Citizen (apr) Country: Ukraine
Timeline

What did you show to your employer to prove you had authorization to work in USA?

As I understand it, the employer has to have some form on file that indicates if employees are authorized. It asks if employee is US citizen, etc. Again, as I understand it, severe penalties if person falsely claims US citizenship on this form.

But I also read somewhere, that unauthorized employment is forgiven for spouse of US citizen when filing for AOS, similar to forgiving being out of status immigration wise. But claiming to be US citizen is not forgiven.

Don't know the rules though with respect to what can be put on I-864.

Edited by Leo7777


- - - - - - - - - - - - - - - - Time Line - - - - - - - - - - - - - - - - - -

10 YEAR GREEN CARD PROCESS

July 22, 2017  ROC packet sent to Vermont.

July 24, 2017  ROC packet signed for in Vermont.

August 8, 2017  NOA received at house.  15 days since ROC signed for in VSC.

August 12, 2017 ASC appointment received. 19 days since ROC in VSC.

August 25, 2017 BIO completed. 32 days since ROC received in VSC.

August 11, 2018  18 month 'Courtesy Copy' extension letter received.  Critical number  297

October 20, 2018 18 month 'Official' extension letter received.  Critical number 297

December 4, 2018  USCIS Account shows: We approved your Form I-751, Petition to Remove Conditions on Residence, 

December 4, 2018, ordered your new card for Receipt # EAC17297003XX, and will mail to the address you gave.

491 days from NOA issued by VSC until Petition approved.

December 7, 2018 USCIS sent notice:  Card mailed.

December 12, 2018 Ten year Green Card received from Lees Summit, MO

499 days from NOA issued by VSC until Green Card received.

- - - - - - - - - - 

CITIZENSHIP PROCESS

December 6, 2018 submitted N-400 application on-line.  Estimated Completion Time: 8 months or August 2019.

December 8, 2018 received notice on USCIS that Biometrics scheduled . . . but the actual date was not yet shown.

December 11, 2018 saw in 'Documents' section of USCIS that Bio scheduled for 24 December 2018.

December 21, 2018 saw on USCIS website that they will be closed 24 December 2018 as extra holiday.

January 9, 2019 went for re-scheduled BIO appointment.  33 days after N-400 submitted on-line.

February 19, 2019 received letter in US mail that Citizenship interview scheduled for 26 March 2019. 74 days after submission on-line.

March 26, 2019 Citizenship interview scheduled for.  109 days after N-400 submitted on-line.

March 26, 2019 Passed Citizenship interview.

April 12, 2019  Received notice that Oath Ceremony had been scheduled for 24 April 2019.  17 days after interview.

April 24, 2019  Oath Ceremony completed.  29 days after interview.     139 days after N-400 submitted on-line.

April 25, 2019  USA Passport Application submitted.

May 3, 2019     USA Passport received.    149 days after N-400 submitted on-line.

May 9, 2019     Certificate of Naturalization and Citizenship returned in mail.

 

 

 

 

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Filed: Country: Mexico
Timeline

Yes, working without authorization would be 'forgiven', but unauthorized employment income will not be accepted for the I-864. People have been asked to prove they are working legally because illegal income cannot be used for sponsorship. It must be from a lawful source and it must continue after becoming a permanent resident. You need to provide proof of both.


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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