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danielenglish

The right form to file the AOS (I-864 or I-864EZ ?)

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Filed: F-2A Visa Country: Nepal
Timeline

You should be ok because you need 19900 for family of 2. Sometimes people make mistake counting household members. They look at tax return for house hold members. If she has parents or sibling on tax return, then they need to be counted as household members annd that increase limit for poverty guideline. If she has parents as dependent, then her household count is 4 because immigrant is also added.

My wife is residing alone there...

Marriage: 10/10/2013.

I-130 Sent: 11/22/2013

I-130 NOA 1: 25/11/2013

NOA-T (Electronic Transfer notice to California Service Center): 24/03/2015

NOA-T (Hard Copy of Transfer notice received in mail): 31/03/2015

I-130 NOA2: 01.04.2015 (Approved)

NVC Received: 16 April 2015

Received DS-261 / AOS Bill: 27 April 2015

Pay AOS Bill: 30 April 2015

Send AOS / IV Package: 13 May 2015

Pay IV Bill: 08 May 2015

Scan Date: 18 May 2015

Checklist: 19 June 2015 [ Non-submission of DS260]

Submitted DS260: 08 July 2015

Case Completed at NVC: 08 Sep 2015

Interview Date: 05 Nov 2015

Interview Result: passed :dancing: :dancing:

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Thanks,

I really do not know what the "adjusted gross income" is and therefore I am going to put the gross income that is shown in my contract.

Hope it works...

Are you asking about current income or last three tax year income

for current income question it is gross income before taxes which will be on your contract or employment income verification letter, and or paychecks stubs

Last 3 year tax income question you will put total gross income for the year if you file a 1040 or 1040a tax form.

If you file a 1040ez tax form you will use the adjusted gross income for the last 3 tax year question on the 864 form

ROC
Service Center : Nebraska Service Center
Consulate : Manila, Philippines
Marriage (if applicable): 2014-05-20
I-130 Sent : 2014-10-06
I-130 NOA1 : 2014-10-09
I-130 RFE for NSO copy of marriage certificate: 2014-11-03
I-130 RFE Sent : 2014-11-18
I-130 Approved : 2014-12-07
NVC Received : 2014-12-23
NVC case number: 2015-02-04
Received DS-261 / AOS Bill : 2015-02-04
Pay AOS Bill : 2015-02-05
Submit DS-261 : 2015-02-05
Sent AOS Package : 2015-02-09
Sent IV Package : 2015-02-09
Scan date : 2015-02-10
Receive IV Bill : 2015-03-03
Pay IV Bill : 2015-03-06
Submit DS-260: 2015-3-12
Case Completed at NVC : 2015-03-20
Receive Instruction and Interview appointment letter: 2015-3-27
Medical complete: 2015-04-08
Interview Date : 2015-05-08
Interview Result : Approved
Visa Received : 2015-05-13

Date of US Entry : 2015-06-09
 

Date of Social Security card receive : 06-2015

Date of Green Card received 07-2015

Date of ROC FILE 05-19-2017

 I-751 NOA Date 05-26-2017

   

http://jerryjja.wix.com/filipinasaswa?_ga=1.194674661.91538870.1441656248

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Filed: F-2A Visa Country: Italy
Timeline

Oh, thank you J&ana!

I have just checked and I can confirm I filed a form 1040.

Therefore, as per your saying, that means I need to entry the total gross income.

A quick question for you: is the total gross income the same as the "gross income before taxes" that I am going to put to show the current income?

Thanks!!

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Filed: AOS (apr) Country: Cyprus
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Oh, thank you J&ana!

I have just checked and I can confirm I filed a form 1040.

Therefore, as per your saying, that means I need to entry the total gross income.

A quick question for you: is the total gross income the same as the "gross income before taxes" that I am going to put to show the current income?

Thanks!!

You put down whatever shows on line 22.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Total gross income line 22 of the 1040 form for the tax income may or not be the same as the amount you will put for current income.

Most likely it will not be as overtime, vacation, sick pay,bonus and deductions are not figure in current income.

Example a person make 18 dollars an hour 18 per hourx40 hour per week x52 week in year =37,440 that would be current income

now if you miss 6 weeks of work your taxable total income will be 18 dollars per hours x40 hours per week x46 weeks actually worked =33,120

Current total income is what you are expect to make for the year

total gross income for tax is what you actually did make for the year

Edited by j&ana

ROC
Service Center : Nebraska Service Center
Consulate : Manila, Philippines
Marriage (if applicable): 2014-05-20
I-130 Sent : 2014-10-06
I-130 NOA1 : 2014-10-09
I-130 RFE for NSO copy of marriage certificate: 2014-11-03
I-130 RFE Sent : 2014-11-18
I-130 Approved : 2014-12-07
NVC Received : 2014-12-23
NVC case number: 2015-02-04
Received DS-261 / AOS Bill : 2015-02-04
Pay AOS Bill : 2015-02-05
Submit DS-261 : 2015-02-05
Sent AOS Package : 2015-02-09
Sent IV Package : 2015-02-09
Scan date : 2015-02-10
Receive IV Bill : 2015-03-03
Pay IV Bill : 2015-03-06
Submit DS-260: 2015-3-12
Case Completed at NVC : 2015-03-20
Receive Instruction and Interview appointment letter: 2015-3-27
Medical complete: 2015-04-08
Interview Date : 2015-05-08
Interview Result : Approved
Visa Received : 2015-05-13

Date of US Entry : 2015-06-09
 

Date of Social Security card receive : 06-2015

Date of Green Card received 07-2015

Date of ROC FILE 05-19-2017

 I-751 NOA Date 05-26-2017

   

http://jerryjja.wix.com/filipinasaswa?_ga=1.194674661.91538870.1441656248

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Filed: F-2A Visa Country: Italy
Timeline

j&ana,

Thanks a lot for the clarification; it has been very kind of you!

As per your suggestion, I will use the "total gross income" (the amount I put in line 22 of the 1040 form) to answer the question about the "last 3 years tax income" question on the I-864ez form.

The only thing is, like I said, I started working in october 2014 and therefore only have filed the "US individual Income Tax Return" for 2014; hope it will work..

The other thing I am wondering about regards the current income.

And in fact, after three months I got a promotion and my salary has improved accordingly.

Just to give you the big picture, I believe I will be filing the I-864ez form hopefully during, let's say, the summer ;) (my wife's PD is 09 april 2014).

Any advice on this?

Thank you!!

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Actually i just started a new job before i file the petition for my wife. I started work in sept 2014. I sent aos in feb 2015

I also just got a raise before i sent aos in. i had about 5 months of paystubs but only one had the raise on it.But i still put for current income the amount that my pay with the raise would be. So you should be ok as long as is more then the requirement

ROC
Service Center : Nebraska Service Center
Consulate : Manila, Philippines
Marriage (if applicable): 2014-05-20
I-130 Sent : 2014-10-06
I-130 NOA1 : 2014-10-09
I-130 RFE for NSO copy of marriage certificate: 2014-11-03
I-130 RFE Sent : 2014-11-18
I-130 Approved : 2014-12-07
NVC Received : 2014-12-23
NVC case number: 2015-02-04
Received DS-261 / AOS Bill : 2015-02-04
Pay AOS Bill : 2015-02-05
Submit DS-261 : 2015-02-05
Sent AOS Package : 2015-02-09
Sent IV Package : 2015-02-09
Scan date : 2015-02-10
Receive IV Bill : 2015-03-03
Pay IV Bill : 2015-03-06
Submit DS-260: 2015-3-12
Case Completed at NVC : 2015-03-20
Receive Instruction and Interview appointment letter: 2015-3-27
Medical complete: 2015-04-08
Interview Date : 2015-05-08
Interview Result : Approved
Visa Received : 2015-05-13

Date of US Entry : 2015-06-09
 

Date of Social Security card receive : 06-2015

Date of Green Card received 07-2015

Date of ROC FILE 05-19-2017

 I-751 NOA Date 05-26-2017

   

http://jerryjja.wix.com/filipinasaswa?_ga=1.194674661.91538870.1441656248

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Filed: F-2A Visa Country: Italy
Timeline

Oh, thanks a lot j&ana!

Apparently we are in a pretty similar situation!!

For this reason, I believe you filed the "US individual Income Tax Return" only for 2014, too.

Is that correct?

I know that may seem a rhetoric question but what I'd like to know is whether or not you also sent the documents that show the taxes you paid during your previous job outside the US (if you had one...I personally did not).

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Oh, thanks a lot j&ana!

Apparently we are in a pretty similar situation!!

For this reason, I believe you filed the "US individual Income Tax Return" only for 2014, too.

Is that correct?

I know that may seem a rhetoric question but what I'd like to know is whether or not you also sent the documents that show the taxes you paid during your previous job outside the US (if you had one...I personally did not).

I had other job before I started a new job. I sent in last three year of tax transcript but only the latest is require. current income is what matter most and it seems like you will be ok for that

I never live outside the USA

ROC
Service Center : Nebraska Service Center
Consulate : Manila, Philippines
Marriage (if applicable): 2014-05-20
I-130 Sent : 2014-10-06
I-130 NOA1 : 2014-10-09
I-130 RFE for NSO copy of marriage certificate: 2014-11-03
I-130 RFE Sent : 2014-11-18
I-130 Approved : 2014-12-07
NVC Received : 2014-12-23
NVC case number: 2015-02-04
Received DS-261 / AOS Bill : 2015-02-04
Pay AOS Bill : 2015-02-05
Submit DS-261 : 2015-02-05
Sent AOS Package : 2015-02-09
Sent IV Package : 2015-02-09
Scan date : 2015-02-10
Receive IV Bill : 2015-03-03
Pay IV Bill : 2015-03-06
Submit DS-260: 2015-3-12
Case Completed at NVC : 2015-03-20
Receive Instruction and Interview appointment letter: 2015-3-27
Medical complete: 2015-04-08
Interview Date : 2015-05-08
Interview Result : Approved
Visa Received : 2015-05-13

Date of US Entry : 2015-06-09
 

Date of Social Security card receive : 06-2015

Date of Green Card received 07-2015

Date of ROC FILE 05-19-2017

 I-751 NOA Date 05-26-2017

   

http://jerryjja.wix.com/filipinasaswa?_ga=1.194674661.91538870.1441656248

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Filed: F-2A Visa Country: Italy
Timeline

Ah, ok, I see :)

Yes, thankfully, I'm fine with regard to the current income..

Plus, among other documents, I am also going to send the statement from the american bank.

That way, I really hope to overcome the fact I will provide only one tax return.

I know, I am a little bit paranoid but..one never feels safe 100% in certain circumstances ;) )

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  • 3 weeks later...
Filed: IR-1/CR-1 Visa Country: Norway
Timeline

Hello.

I had a question regarding the I-864EZ Form. I believe that we are eligible to fill it out, but my wife filled out the regular I-864 instead and sent to me.

Does anyone know if it's okay to sent the I-864, even though we're eligible for the EZ form?

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Filed: F-2A Visa Country: Italy
Timeline

Hello,

As far as I know, you can file the I-864 even though you are elegible to file the I-864EZ.

However, the latter is easier to fill out because it contains less information to entry (and - as a consequence - less chances to get a checklist for having made a mistake); therefore, the form I-864EZ is recommended as long as you can do that.

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Filed: IR-1/CR-1 Visa Country: Norway
Timeline

Hello,

As far as I know, you can file the I-864 even though you are elegible to file the I-864EZ.

However, the latter is easier to fill out because it contains less information to entry (and - as a consequence - less chances to get a checklist for having made a mistake); therefore, the form I-864EZ is recommended as long as you can do that.

Hi!

Thanks for your reply. :)

I think we'll try the I-864. I already have her signature on it so it'll save some time, instead of her sending the other one to me. I just hope it doesn't get checklisted.

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Filed: F-2A Visa Country: Italy
Timeline

You are very welcome :)

Yes, if you are confident about the correctness of the form..just go for it; I understand you don't want to waste time.

Speaking of which, I believe you filed for your wife (the beneficiary), applying for a FB2A, is that correct?

May I ask you when is your PD?

Mine is 09 april 2014; received the welcome letter two weeks ago and still not able to pay the fee (AOS).

The NVC reviewed my DS-261 and told me I will receive the IV fee invoice in one week.

I am thinking about paying them through mail because they don't know when the online payment system will be fixed.

As per the documents we are collecting (financial documents and beneficiary ones) I have not requested yet my wife police certificate because - as you know - they have an expiration date and I don't want to rush things since we are still pretty far from being scheduled her interview.

What is your thought on this regard?

Thanks :)

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