I-864

[metinspain 0]

First, .

Then, the answer to you question depends on where you are in the process. You actually need to submit your 2005-tax return if your petition goes through the NVC and to the embassy after April 15. If the consulate in Thailand accepts the 2005-return before that depends on the Consular officer (CO) interviewing you. That said, the CO will also determine whether you need a co-sponsor or not. While most of the time, the last tax year would be most relevant in this decision, this is not always the case.

Looking for a co-sponsor probably won't hurt, even if you don't need one in the end.

Thanks Fischkoepfin and aussiewench. First of all I am sorry as I am not so good in english but yes I have an interview coming up on March 9, for k3 visa may be I should send email to ask the embassy in thailand if my husband can use his 2005 tax for the recet tax year (my husband been working for the postal service almost 20 years now he only have the problem with 2004 tax year as he was off work to be with me and my new born baby but he has steady income)

Yes, aussiewench I have asked a friend of mine she can use the I-864 instead of I-134 she said no problem.

Hi,

This string applies to us, too, and I have a similar problem. I will meet the poverty guidelines for 2003 and 2004, no problem. However, I was working abroad in China from January to June 2005, then unemployed after that because I moved to the UK to be with my husband in July. My adjusted local income in China was MUCH less than my US equivalent salary, and now I've racked up 7 months of unemployment. Compounding that problem, I cannot even file my 2005 tax return until I start working...I have to send it to a tax guy in Hong Kong who specializes in American/Chinese tax law and can read Chinese characters on my tax/pay statements....and he is sooooo expensive!!

Under these circumstances:

1) Can I rely on tax years 2002, 2003 and 2004 instead?

2) We hope to file our I-130 this month, but our case won't be finished until after April 15, by the looks of it. How likely is it that they will come back to us demanding tax year 2005 information (and thus, delay the application)?

We also don't really have anyone in the US who can co-sponsor us...would really appreciate your input!

Thanks,

Mariel

[Yodrak 7]

Mariel,

You cannot rely on your past income, it is helpful information but it is history. To pay your future bills you need future income or assets that you can liquidate to provide you with money to spend.

You need a job or assets based in the USA, or someone who will sign on as a Joint Sponsor promising to pay your expenses until you do have a job.

You also need US domicile - have you retained a home in the USA, or have you made plans to obtain one?

Yodrak

Hi,

This string applies to us, too, and I have a similar problem. I will meet the poverty guidelines for 2003 and 2004, no problem. However, I was working abroad in China from January to June 2005, then unemployed after that because I moved to the UK to be with my husband in July. My adjusted local income in China was MUCH less than my US equivalent salary, and now I've racked up 7 months of unemployment. Compounding that problem, I cannot even file my 2005 tax return until I start working...I have to send it to a tax guy in Hong Kong who specializes in American/Chinese tax law and can read Chinese characters on my tax/pay statements....and he is sooooo expensive!!

Under these circumstances:

1) Can I rely on tax years 2002, 2003 and 2004 instead?

2) We hope to file our I-130 this month, but our case won't be finished until after April 15, by the looks of it. How likely is it that they will come back to us demanding tax year 2005 information (and thus, delay the application)?

We also don't really have anyone in the US who can co-sponsor us...would really appreciate your input!

Thanks,

Mariel

[meauxna 15]

Under these circumstances:

1) Can I rely on tax years 2002, 2003 and 2004 instead?

2) We hope to file our I-130 this month, but our case won't be finished until after April 15, by the looks of it. How likely is it that they will come back to us demanding tax year 2005 information (and thus, delay the application)?

File your extensions accurately and on time and present that explanation for the missing '05 return.

You can't be compelled to file if you are not ready to and have applied for an extension.

How do you plan on completing the I-864---or do you have current US employment?

[chiangmaigirl 0]

chiangmaigirl,

Your situation is rather unclear, but with regard to your property in Thailand I think it's doubtful that it will be a useful asset. You'd have to show that you can sell the property and move the money, after paying off any liens on the property, to the USA within a reasonably short period of time (one year if going by I-864 guidelines).

You say that you own the property jointly with your two brothers? Are they living on the property? If you sell the property what will happen to them? How much of the net proceeds from the sale will you have to pay to them and how much will be left for you? And can you document all of these answers for the consulate? They aren't going to accept your spoken word on the issue.

You say your husband made only $8,000 in 2005 - what is his current income on an annualized basis?

You also say that the household size is 6. Sister made $22,000 in 2005 and husband made $8,000, that's $30,000 - that's only $2,000 short, what is mother's income? Household income needs to be adequate for household size, provided that the household members will sign I-864As with your husband.

Are you living in Chinagmai at the moment?

Yodrak

Yodrak I just so desperate so I was thinking about using my property to help my hubby. Yes my brothers lived with me and I realised that it's impossible... damn what a complicated situation I have now. My husband made $8,000 in 2005 at the UPS it's a part time job normally he worked with the Postal Service full time job but since they afraid my husband would die on the wheel (he's a letter carrier) because he was sick and had the stroke (I don't know what it is) so they now trying to get him a new duty probably a window clerk so he is off his duty since August last year if he not off work he usually earned more than $42,000 a year is well over the poverty line.

His mother earned SSI last year was over $11,000 can we include this?? if we can do we have to show them the paper too right??

Yes I am living in Chiang mai at the moment. Where I am living is near Night Bazar. Have you ever been here before?? Thank you so much for spending your time reading my problem and give me good advise.

Chiangmaigirl.

[Yodrak 7]

Chiangmaigirl,

Your husband can include the incomes of other household members with his own income, and their assets with his assets, on his I-864 if the other household members sign I-864A with him. The requirement is that household income and assets be sufficient for the household size. It appears from what you write that the household income is sufficient for the household size if sister and mother are willing to pledge their support by signing I-864As with your husband.

My wife is from Lamphun, worked in Chiangmai. I have been to Chiangmai and the night bazaar, but I am not very familiar with the area. The reason I asked where you were living is that I know an excellent and reasonable US immigration attorney in Bangkok. If you had happened to be living there at present I would have recommended that you consult with him on this matter.

Yodrak

chiangmaigirl,

Your situation is rather unclear, but with regard to your property in Thailand I think it's doubtful that it will be a useful asset. You'd have to show that you can sell the property and move the money, after paying off any liens on the property, to the USA within a reasonably short period of time (one year if going by I-864 guidelines).

You say that you own the property jointly with your two brothers? Are they living on the property? If you sell the property what will happen to them? How much of the net proceeds from the sale will you have to pay to them and how much will be left for you? And can you document all of these answers for the consulate? They aren't going to accept your spoken word on the issue.

You say your husband made only $8,000 in 2005 - what is his current income on an annualized basis?

You also say that the household size is 6. Sister made $22,000 in 2005 and husband made $8,000, that's $30,000 - that's only $2,000 short, what is mother's income? Household income needs to be adequate for household size, provided that the household members will sign I-864As with your husband.

Are you living in Chinagmai at the moment?

Yodrak

Yodrak I just so desperate so I was thinking about using my property to help my hubby. Yes my brothers lived with me and I realised that it's impossible... damn what a complicated situation I have now. My husband made $8,000 in 2005 at the UPS it's a part time job normally he worked with the Postal Service full time job but since they afraid my husband would die on the wheel (he's a letter carrier) because he was sick and had the stroke (I don't know what it is) so they now trying to get him a new duty probably a window clerk so he is off his duty since August last year if he not off work he usually earned more than $42,000 a year is well over the poverty line.

His mother earned SSI last year was over $11,000 can we include this?? if we can do we have to show them the paper too right??

Yes I am living in Chiang mai at the moment. Where I am living is near Night Bazar. Have you ever been here before?? Thank you so much for spending your time reading my problem and give me good advise.

Chiangmaigirl.

[chiangmaigirl 0]

Yodark,

Thank you so much for your advise. Sorry I have been away and so busy with the baby. That's good your wife is from Lamphun I have been working there before too. My situation now has changed we can find a co-sponsor which is my husband's best friend he live alone so his household include me would be 2 he make $19,800 which is the poverty line require $16,038 for 2 people so it's over the line about $3,000 is that would be the problem to issue visa for my case?

anway thank you so much again for your advise to me and all the members here.