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I-864 questions - wife on a student visa

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My wife (USC) and I (Spanish citizen) both live in the UK and are planning to move to the US. We are applying for my green card via DCF in London.

We are completing the I-864 and we have a few questions if anyone can kindly help us!

My wife has been on a student visa in the UK for the last 3 years. She has worked from September 2016 to December 2016 full time, as part of a student internship in the UK.

1. My wife will be my main sponsor for the I-864. She has never filed taxes. Does she still have to file taxes or is she exempt as she has been on a student visa and her income is below the IRS threshold? Should we just write a little narrative as to why she hasn’t submitted taxes? Will payslips be enough for proof that she made below the threshold?

2. My father in law who is my co-sponsor has to fill in a separate I-864. He has not filed taxes yet for this year – he has an extension. Is it okay provide evidence/photocopy for 2014 taxes as the ‘most recent taxes’?

3. My wife’s parents file taxes together, does my mother in law also have to fill in a I-864A ?

4. What evidence do we have to provide along with the I-864 form, apart from the photocopy of the most recent taxes?

Thank you for your help! Appreciate it!

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

To dispatch with the semantics first, you nor your spouse are applying for a green card, you are applying for a visa; she filed a petition at the field office in London.

Answers to your questions:

  1. She would need to write a statement stating why she was not required to file.
  2. Joint sponsor is the proper term when referring to an I-864, not co-sponsor. Include evidence of having been granted the extension along with the most recent taxes available.
  3. Only if she and your father in-law are combining income.
  4. Source of income.

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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
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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
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July 30, 2011: Received NOA2 hardcopy in mail
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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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