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AOS help needed

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My husband is the petitioner and he lives currently with his parents and his 2 children. we are having a little trouble filling out the i-864.

He doesnt cover the income requirments on his own so his mother is going to be the joint/co sponser. we have read that she also fills in the 864 because they have the same address but the taxes have always been joint filed with her husband (his father) so we have read that his father has to fill in the 864a. Our question is do we have to split up his mother and fathers tax information as they are filling out seperate forms? or can their earnings be shown together?

Thankyou in advance

this is really confusing us.

Vicki

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His mother only needs to be involved if his father doesn't make enough on his own. If his father does, then you can go ahead and just have the father do the I-864. If they file jointly, he will need to send his W-2s to show what his income is.

Edited by JFH

 

 

 

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It is confusing. I had to read the I-864 and I-864a instructions at least three times before it started to make sense.

With a joint sponsor situation, there is usually two separate I-864s...spouse and joint sponsor. That joint sponsor does not have to be related or even in the same state. BUT if you read "how can family members help?" It explains that if people are living together under the same roof, then they can combine their incomes to come up with a bigger "household income".

So spouse could add Mom to his I-864 as "Person 1" on page 5 and tell her income. Then #15 on the same page would add their incomes together. Mom would fill out I-864a which basically gives her permission for her son to promise her income on his form. She would have to provide proof she is a USC, her tax return, and proof of her separate income like an employer letter or pay stubs since the tax return doesn't distinguish hers from her husband's. I would also include something to prove Mom and son live at the same address. Maybe a photocopy of both driver licenses and a note scribbled on it "same household proof".

Her I-864a form would ask her to fill in tax information from the last three years. She can take that number straight off the joint tax return. That is a different topic than "my current annual income." It is simply asking for what her tax return says without altering the numbers because it is joint.

Edited by Nich-Nick

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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We are wanting both mother and father to be a part of the whole thing and we understand about my husband filling out an 864 also his mother filling out and 864 and his father to fill out the 864a. is that right? but again would they have to split up the income for the form? Sorry i didnt explain it too well.

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We are wanting both mother and father to be a part of the whole thing and we understand about my husband filling out an 864 also his mother filling out and 864 and his father to fill out the 864a. is that right? but again would they have to split up the income for the form? Sorry i didnt explain it too well.

Yes you can do that way.

Spouse- I-864 with no family contributing

--and--

Mom- I-864 adding Dad as her Person 1

Dad- I-864a with Mom's form

I still don't follow your question about splitting up their income. Mom's form says "my current income" so that means only hers proven with employer letter and/or pay stubs. Dad's form asks the same about his current income and I think needs proof of the number he writes like an employer letter, or pay stubs. Then there is the "what's on your three latest tax returns" part of each of their forms. I would not split anything out for that section. Just copy Line 22 off the joint tax return and don't modify into his/her part of the tax return.

Did that answer your question?


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Yes that answers it great thanks. the only issue is that they are both sub contractors so proof of income is their tax return. ( no pay stubbs). they do have an employer though but their pay is different every week so wanted to avoid going down that route. i am guessing we are going to have to. xx

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Yes that answers it great thanks. the only issue is that they are both sub contractors so proof of income is their tax return. ( no pay stubbs). they do have an employer though but their pay is different every week so wanted to avoid going down that route. i am guessing we are going to have to. xx

Presumably each gets a separate 1099-MISC from the employer. You might want to include a photocopy of that with a notation written on it "Mom's separate income" and use that as the number for her current income. And the same for Dad. The tricky part is the income for USCIS purposes is only profit after self-employment deductions are subtracted prior to Line 22. I think seeing they both signed a support form and the joint Line 22 income is sufficient, they will have enough to approve. It's just their separate income part that doesn't exactly fit the form. Anyway the 2015 1099-MISC is about the only way I can think of to handle each of their "my current income" questions.

I will add my own situation didn't exactly fit the form I-864 at a the time. That version had nothing that described my income....not employed, not retired from...so I actually crossed out parts and created my own version of the question to fill in my source of income. And one of my tax returns was joint with my former husband. I didn't get an RFE, so there's hope they will figure out your slightly different situation.

Edited by Nich-Nick

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Filed: Lift. Cond. (apr) Country: China
Timeline

***Hijack post along with reply to said post removed; if you have your own questions, you need to start your own thread.***


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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