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Bakura

Advice about I-864 please

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Hello,

I am an American citizen living in Japan with my Japanese wife. We applied for a CR-1 visa using the I-130 form and we recently received the welcome letter from NVC. I am honestly confused though about what I should do with the I-864.

Here's the conundrum that I'm struggling with: my current income satisfies the 125% of federal poverty guidelines requirement, and the last 3 years of tax returns prove that too. But I will technicially become unemployed in April of next year when I go back to America (hopefully) with my wife together. I know at some point that I will have to explain that I am planning on going back next year, in order to "re-establish" permanent domicile, so I'm worried that some eyebrows will be raised.

My parents are willing to be joint sponsers, but the question is, do I file the affidavit now as is and perhaps explain my circumstances in a letter at the interview stage, i.e. cross that bridge when you come to it, or do I attempt to file for joint sponsership early on, in order to prevent any possible delays? Can I even file for joint sponsership if my current income exceeds the poverty guidelines?

I would appreciate any responses!! Thank you very much in advance.

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If your current income is not being provided from the US, in other words, if you are not employed by a US company, then your current e

income cannot be counted. Therefore, you do need to have your parents sponsor you.

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You will need a joint sponsor (or sponsor on assets), your current income doesn't count as it won't continue after you go back.


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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Your circumstances are not out of the ordinary. You submit the I-864 at the appropriate time in the process. If your income at the time will not continue once your spouse enters the US than you will need a joint sponsor. You will still submit an I-864 regardless of income. If needed, have your parents complete an I-864 and I I-864A respectively.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Thank you everyone for your kind responses. I understand what I must do now.

One more question if I may - I will be the primary sponsor for my wife, and my father will be our joint sponsor since my income will not be enough alone.

If my thinking is correct then we need to file only two documents:

I-864 (From me, the primary sponsor)

I-864 (From my father, the joint sponsor.)

Is this correct? Is there a point to the I-864A form? Are we supposed to use that?

Thanks again for any response.

Edited by Bakura

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I-864A is only used if a sponsor or joint sponsor is combining income with a household member. If your father meets the requirements on his own without needing to combine income with anyone else, then the I-864A is a form that will not be needed.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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