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Aussielad

H1-B (married to USC) makes enough to sponsor self, which affidavit to fill out?

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Hi there, i have a friend who is married to a USC, and makes about $70,000 per year on his H1-B visa. His wife is a nurse and she makes about $70,000 per year as well for a total combined income of about $140,000

He wants to file AOS, so my questions are the following:

1) Which affidavit of support do they fill out? the I-864 no?

2) She has to fill out an affidavit being the primary sponsor or is it just 1 between the 2 since he will mention his income as well

3) If they are combining their finances together like they do and file taxes together, they would just send in the W2 (from each one) and the 1040 of their combined taxes. They have filed taxes together for 1 year.

4) I know that he needs a letter from his employment indicating that he will continue in that same job for a few years after receiving his permanent residency (which is not a problem at all)

Please help me out with this,…thanks.


Oct 29th 2004 -Met online
Oct 29th -First phone call
Dec 25th -She purposed and i said Yes!
May 10th I-130 Packet and Packet 3 sent off to me by the U.S. Consulate
May 16th -Received Packets 1-3 from the U.S. consulate
June 29th -I arrived in Puerto-Rico!
July 2nd -Married in Mayaguez, Puerto-Rico and also got our interview date for September 6th
August 17th -We arrived in Australia to file for Sep. 6th
September 6th - Filed DCF in Sydney and approved 1 hour later!
September 12 -Received my passport with the visa and yellow packet
November 24th -POE.......Guam,USA
December 12, 2005-Green Card arrived in the mail
September 11, 2007 -Filed I-751 on conditions
September 17 -VSC Receives my I-751 and issues NOA1
Oct 10 -Had biometrics taken in San Juan, Puerto Rico ASC
Oct 12 -Touched.
Aug 21, 2008 -Approved!...........finally
Sep 17, 2008 -Mailed off N-400
Oct 22, 2008 -Biometrics taken in San Juan ASC
Feb 12, 2009 -N-400 Interview
Feb 26, 2009 -Oath.....the end.

....................................*What we do in this life will have an echo in the life to come*...............................

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The wife has to be the primary sponsor no matter what. She fills our I-864. The immigrant husband can add his info and income to her affidavit, but since she qualifies on her own, I don't see why he'd want the extra paperwork hassle.

The sponsor needs to send in a complete tax return, which might be more than a 1040 and w2 depending.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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The wife has to be the primary sponsor no matter what. She fills our I-864. The immigrant husband can add his info and income to her affidavit, but since she qualifies on her own, I don't see why he'd want the extra paperwork hassle.

The sponsor needs to send in a complete tax return, which might be more than a 1040 and w2 depending.

But if she's been only working 1-2 years, and only has 1-2 years of tax returns, (1 year she was single filing, 2 year she was married) She can't prove the last 3 years of tax returns...

So how can that be overcome then??


Oct 29th 2004 -Met online
Oct 29th -First phone call
Dec 25th -She purposed and i said Yes!
May 10th I-130 Packet and Packet 3 sent off to me by the U.S. Consulate
May 16th -Received Packets 1-3 from the U.S. consulate
June 29th -I arrived in Puerto-Rico!
July 2nd -Married in Mayaguez, Puerto-Rico and also got our interview date for September 6th
August 17th -We arrived in Australia to file for Sep. 6th
September 6th - Filed DCF in Sydney and approved 1 hour later!
September 12 -Received my passport with the visa and yellow packet
November 24th -POE.......Guam,USA
December 12, 2005-Green Card arrived in the mail
September 11, 2007 -Filed I-751 on conditions
September 17 -VSC Receives my I-751 and issues NOA1
Oct 10 -Had biometrics taken in San Juan, Puerto Rico ASC
Oct 12 -Touched.
Aug 21, 2008 -Approved!...........finally
Sep 17, 2008 -Mailed off N-400
Oct 22, 2008 -Biometrics taken in San Juan ASC
Feb 12, 2009 -N-400 Interview
Feb 26, 2009 -Oath.....the end.

....................................*What we do in this life will have an echo in the life to come*...............................

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