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SherryC

Parents are done with interview..but still asking for other documnts/forms

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Hi.

My parents just had their interview last week. Upon interview, US Embassy took both my parent's passport, but were still asking for other documents to be submitted. I am the main petitioner for my parents and I asked my uncle, Ben, (lives in a different address) to be the joint sponsor. Embassy were asking for him to send I-864 instead of I-864A. I did not asked my husband, Carl, to joint sponsor due to he is currently unemployed.

My question is, do my husband (unemployed) and my uncle's wife, Nora (medically retired) each needed to send an I-864A? It does not make sense if they submit I-864A since I am the petitioner and my uncle is the joint sponsor.

This is the email I received from the US Embassy:

From a Qualified Joint Sponsor Ben and Nora (for Both)

- Affidavit of Support (I-864) with original signature

- Form I-864A signed by Petitioner and spouse/co-resident with original signatures for Ben and Nora (for Both)

What exact forms do they need and who are the people needed to fill up which form? I am confused with the second part they were asking for submission.

Thanks!

Sherry

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If your uncle Ben is not in the same household as you, he needs to fill up an I-864 form. I believe his wife Nora will need to sign an I-864a if he uses her income too or he will indicate that both of them will have combined income to sponsor your parents.


CR1

  • Consulate : Manila, Philippines
  • Marriage: 2014-10-01
  • I-130 Sent : 2014-10-16
  • I-130 NOA1 (Email) : 2014-10-22
  • I-130 NOA1 (Hardcopy) : 2014-10-26
  • I-130 NOA2 (Email) : 2014-11-26
  • I-130 NOA2 (Hardcopy) : 2014-12-03
  • NVC Case Received : 2014-12-10
  • Case Number Received : 2015-01-15
  • Submitted DS-261 : 2015-01-20
  • NVC Received AOS and IV Packages : 2015-02-25
  • Case Completed at NVC: 2015-03-30
  • Interview Scheduled: 2015-04-18
  • Interview Date: 2015-05-27
  • Interview Result: Approved
  • Visa Received: 2015-06-05
  • POE: 2015-07-03 (JFK)
  • Received Greencard: 2015-08-15
  • Returned Greencard: 2015-08-23
  • Recieved Corrected Greencard: 2015-11-16 (JFK)

 

ROC

  • Sent I-751 Packet: 2017-05-19
  • VSC Received: 2017-05-22
  • Check Cashed: 2017-05-26
  • NOA1 Received2017-05-30
  • Biometrics Letter Received2017-06-16
  • Biometrics Appointment2017-06-27

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Yah, I now get that my Uncle Ben needs to fill up seperate I-864.

But my Auntie Nora is not earning anything, she's been retired since 1995. That's why I was confused with US Embassy asking for I-864A. Does the second part of the email asking for my husband and my Aunt to fill up I-864A? Or should I disregard that instruction?

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Do you and your uncle file jointly with your spouses? If so, this is probably why they need to fill out the forms as well. I know that is the case if you are filing jointly with your spouse and the total income is being used to qualify but I am unsure about if the same applies when one of the spouses didn't actually earn the income being reported.

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- My husband was unemployed since March 2015 to concentrate on his study.

- Auntie Nora is retired since 1995

- Uncle Ben is also retired since 2014

Both me and my uncle jointly file with our spouses in our Income Tax. Years 2011-2014.

Before my parents interview, US Embassy emailed and asked for:

Congratulations on your upcoming immigrant visa interview. Your file is now with the U.S. Embassy and we have had a chance to review it. Based on our review, you need to bring the following documents with you to your interview.

- I-864A / W2 2013 between Ben and Nora

Edited by SherryC

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From my understanding based on the email, they are asking an I864a IF your uncle Ben will state in his aos form that he will combine his income with Nora to sponsor your parents, or your uncle Ben show his W2 to prove that his income in the tax transcript (assuming it was a tax transcript you sent) is above poverty line since on tax forms for couples filing jointly show their combined income

I am not sure for retired persons what form is used to show their separate income from their spouses. My interview is upcoming and this is also one of the inquiries I asked on here and the answer I got from vj members. (Our co sponsor is married and filing jointly)

Edited by curiousgeorgina

CR1

  • Consulate : Manila, Philippines
  • Marriage: 2014-10-01
  • I-130 Sent : 2014-10-16
  • I-130 NOA1 (Email) : 2014-10-22
  • I-130 NOA1 (Hardcopy) : 2014-10-26
  • I-130 NOA2 (Email) : 2014-11-26
  • I-130 NOA2 (Hardcopy) : 2014-12-03
  • NVC Case Received : 2014-12-10
  • Case Number Received : 2015-01-15
  • Submitted DS-261 : 2015-01-20
  • NVC Received AOS and IV Packages : 2015-02-25
  • Case Completed at NVC: 2015-03-30
  • Interview Scheduled: 2015-04-18
  • Interview Date: 2015-05-27
  • Interview Result: Approved
  • Visa Received: 2015-06-05
  • POE: 2015-07-03 (JFK)
  • Received Greencard: 2015-08-15
  • Returned Greencard: 2015-08-23
  • Recieved Corrected Greencard: 2015-11-16 (JFK)

 

ROC

  • Sent I-751 Packet: 2017-05-19
  • VSC Received: 2017-05-22
  • Check Cashed: 2017-05-26
  • NOA1 Received2017-05-30
  • Biometrics Letter Received2017-06-16
  • Biometrics Appointment2017-06-27

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Simple. Just do what they ask. Because your uncle is living different address with you, he must complete form I-864.

According to I864 instruction: If your uncle's individual annual income is greater than 125% of the Federal Poverty Guidelines for his

household size, he doesn't need to include Nora's income. Otherwise, he must include your aunt's income and she have to complete form I-864A.

Edited by whisky

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From my understanding based on the email, they are asking an I864a IF your uncle Ben will state in his aos form that he will combine his income with Nora to sponsor your parents, or your uncle Ben show his W2 to prove that his income in the tax transcript (assuming it was a tax transcript you sent) is above poverty line since on tax forms for couples filing jointly show their combined income

I am not sure for retired persons what form is used to show their separate income from their spouses. My interview is upcoming and this is also one of the inquiries I asked on here and the answer I got from vj members. (Our co sponsor is married and filing jointly)

Goodluck on your interview! :-) My uncle's income is above poverty line. But I will still do what they ask me to do i'll ask my auntie nora to fill up I 864A, since they jointly file their income tax. Thanks for the advise!

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Goodluck on your interview! :-) My uncle's income is above poverty line. But I will still do what they ask me to do i'll ask my auntie nora to fill up I 864A, since they jointly file their income tax. Thanks for the advise!

thank you! :) goodluck and I hope your parents get their visa soon!


CR1

  • Consulate : Manila, Philippines
  • Marriage: 2014-10-01
  • I-130 Sent : 2014-10-16
  • I-130 NOA1 (Email) : 2014-10-22
  • I-130 NOA1 (Hardcopy) : 2014-10-26
  • I-130 NOA2 (Email) : 2014-11-26
  • I-130 NOA2 (Hardcopy) : 2014-12-03
  • NVC Case Received : 2014-12-10
  • Case Number Received : 2015-01-15
  • Submitted DS-261 : 2015-01-20
  • NVC Received AOS and IV Packages : 2015-02-25
  • Case Completed at NVC: 2015-03-30
  • Interview Scheduled: 2015-04-18
  • Interview Date: 2015-05-27
  • Interview Result: Approved
  • Visa Received: 2015-06-05
  • POE: 2015-07-03 (JFK)
  • Received Greencard: 2015-08-15
  • Returned Greencard: 2015-08-23
  • Recieved Corrected Greencard: 2015-11-16 (JFK)

 

ROC

  • Sent I-751 Packet: 2017-05-19
  • VSC Received: 2017-05-22
  • Check Cashed: 2017-05-26
  • NOA1 Received2017-05-30
  • Biometrics Letter Received2017-06-16
  • Biometrics Appointment2017-06-27

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