AOS with foreigner income

[M&Ms 8]

Would her visa be denied at NVC or the embassy? I know it's a weird question but want to know how long would it take for the official denial?

Edited November 12, 2016 by M&Ms

[Penguin_ie 5,999]

At the embassy after the interview, because right now, they do not know what your plan is.

At the embassy, she will be asked for proof that you will return to the USA to live with her within the 6 months she is given to use her visa and if not, the visa will be denied.

[Chitown15 11]

Would her visa be denied at NVC or the embassy? I know it's a weird question but want to know how long would it take for the official denial?

M&Ms,

I had a similar situation to yours. I work for a local company in the western province in Saudi Arabia.

When my fiancee at the time (currently wife) was going for her K-1 interview at the embassy in Abu Dhabi, I provided them with employment letter showing that I work in Saudi. My income was sufficient. We had co-sponsor paperwork ready (father working in States) just in case, but they never asked for it. They just took my financial documents. K-1 Visa was issued.

On the other hand, when we applied for AOS, I submitted the same documents to be her financial sponsor, but that did not work.

Since most of my income was tax exempt due to it being foreign income, the "Total Income" (line 22) on form 1040 was way below income requirement.

USCIS looks at Line 22 (total income) and not Gross Income (line 7).

We received an RFE asking for a co-sponsor. We submitted the documents and are still waiting.

[aaron2020 11,651]

M&Ms,

I had a similar situation to yours. I work for a local company in the western province in Saudi Arabia.

When my fiancee at the time (currently wife) was going for her K-1 interview at the embassy in Abu Dhabi, I provided them with employment letter showing that I work in Saudi. My income was sufficient. We had co-sponsor paperwork ready (father working in States) just in case, but they never asked for it. They just took my financial documents. K-1 Visa was issued.

On the other hand, when we applied for AOS, I submitted the same documents to be her financial sponsor, but that did not work.

Since most of my income was tax exempt due to it being foreign income, the "Total Income" (line 22) on form 1040 was way below income requirement.

USCIS looks at Line 22 (total income) and not Gross Income (line 7).

We received an RFE asking for a co-sponsor. We submitted the documents and are still waiting.

OP has a domicile issue. He has already submitted the AOS and IV application, so his wife's interview will be happening soon. The problem is that he does not intent to return to the US until 2018. Without a US domicile, his wife's interview will end in a denial.

[M&Ms 8]

M&Ms,

I had a similar situation to yours. I work for a local company in the western province in Saudi Arabia.

When my fiancee at the time (currently wife) was going for her K-1 interview at the embassy in Abu Dhabi, I provided them with employment letter showing that I work in Saudi. My income was sufficient. We had co-sponsor paperwork ready (father working in States) just in case, but they never asked for it. They just took my financial documents. K-1 Visa was issued.

On the other hand, when we applied for AOS, I submitted the same documents to be her financial sponsor, but that did not work.

Since most of my income was tax exempt due to it being foreign income, the "Total Income" (line 22) on form 1040 was way below income requirement.

USCIS looks at Line 22 (total income) and not Gross Income (line 7).

We received an RFE asking for a co-sponsor. We submitted the documents and are still waiting.

In regards to the RFE, was it requested by NVC or the embassy?

[aaron2020 11,651]

In regards to the RFE, was it requested by NVC or the embassy?

USCIS sent the RFE for a Joint Sponsor since his wife has a pending Adjustment of Status. The NVC and US embassies are not involved with an AOS.

The K1 was issued without needing a co sponsor.

Edited November 13, 2016 by aaron2020

[M&Ms 8]

Ok, I'm getting confused here. I haven't got any checklist or anything yet but it seems I might end up getting one.

I'm sponsoring my wife and we live aboard as I currently work in Saudi Arabia.

I filed I-864EZ since all below applies to me in FORM I-1864EZ

Who MAY use the Form I-864EZ:

If ALL the conditions apply:

1. You are the person who filed for the I-130 petition. = Yes

2. The relative you are sponsoring is the only person listed on the Form I-130 form = Yes

3. Income is based entirely on salary/pension. = Yes

In Part 4. Information About Your Household size

1.a Yourself and the person your sponsoring on this Form I-864EZ = 2 (My wife and I)

1.b. Your Spouse = 0 since I'm currently sponsoring my spouse

1.c. Your dependent children under 21 years old = 2 (Both of my children are USC) did I have to include them?

1.d. it doesn't apply to me so it's = 0

1.e. it doesn't apply to me so it's = 0

1.f. Add together Item Number 1.a - 1.e This is your HOUSEHOLD SIZE for the purpose of this I-864EZ = 4

Was the above correct? Was I supposed to file i-864W for my children?

Also, If I get a request to get a co-sponsor, would the co sponsor have to file I-864 and add it on top of my I-1864EZ? or do we have to both sign the I-1864?

Can s/he file I-134? Both forms are Affidavit of Support.

I know I have so many questions but I really appreciate your help in this.

Thanks

M&Ms

[Ryan H 3,856]

You are correct on household size, it is 4.

If your children are already US Citizen's and have US Passports, they would not need an I-864W.

Joint sponsor is the proper term when referring to an I-864, not co-sponsor. If you are required to obtain a Joint Sponsor, said person would need to complete their own I-864 along with supporting documents and it would need to be added to the overall file.

I-134 is not used for spousal visa cases since it is not a legally binding form they way the I-864 is.

Edited November 22, 2016 by Ryan H

[M&Ms 8]

Thank you so much for your quick reply. Would the join sponsor require to pay any fees for that? Or is it already part of the fees I paid?

[pushbrk 13,422]

Thank you so much for your quick reply. Would the join sponsor require to pay any fees for that? Or is it already part of the fees I paid?

No additional fee for a "joint" sponsor. But, if you need a joint sponsor, it would be because your income is not sufficient, or not enough of it would continue from the same source once you move back to the USA. If you need a joint sponsor, you cannot use the I-864EZ.

[M&Ms 8]

No additional fee for a "joint" sponsor. But, if you need a joint sponsor, it would be because your income is not sufficient, or not enough of it would continue from the same source once you move back to the USA. If you need a joint sponsor, you cannot use the I-864EZ.

Thanks but I already filed my I-864EZ when I submitted all my other documents to NVC. I'm thinking of a join sponsor because my income aboard is tax exampt and technically I don't have to pay taxes. Based on form 1040 line 22 shows below the poverty income. So I assume I'll get a checklist for updated I-864 and request a join sponsor. Would I have to sign the I-864 with the join sponsor? Or it will be just added to the rest of the documents? I assume the join sponsor will also have to check as the 1st join sponsor not 2nd, correct?

[pushbrk 13,422]

Thanks but I already filed my I-864EZ when I submitted all my other documents to NVC. I'm thinking of a join sponsor because my income aboard is tax exampt and technically I don't have to pay taxes. Based on form 1040 line 22 shows below the poverty income. So I assume I'll get a checklist for updated I-864 and request a join sponsor. Would I have to sign the I-864 with the join sponsor? Or it will be just added to the rest of the documents? I assume the join sponsor will also have to check as the 1st join sponsor not 2nd, correct?

The real question is, "What will your annual income be from current sources, once you are back in the USA?" You don't qualify based on tax returns unless you are self employed. You qualify based on "current income". If your answer to the question in quotes above, is less than the required minimum and you don't have sufficient liquid assets to make up the difference, then both you and the Joint Sponsor, will be required to provide I-864 forms. If your joint sponsor files taxes jointly with a spouse, the spouse should also submit an I-864a whether they earn income or not.

[M&Ms 8]

Well, I have posted few posts here and I was able to get some clear ideas on how things work while we're trying to get your family back home with you.

I am currently living aboard and will continue my current job for another couple of years as a max. I have filed all required documents with USCIS and things went just fine and approved.

I submitted all required documents IV and AOS to NVC and the scan date was November 7th. I have reviewed a lot of posts about the foreigner income and issue with tax exempts not meeting with poverty minimum income in our tax return Form 1040 line 22. Indeed I didn't meet the poverty minimum income. So I have got a family remember to Join Sponsor my wife for me.

Now here are the questions below:

1 - I have filed I864EZ, do I still need to file I-864 since I'm getting a Join Sponsor with me?

2 - Should I wait for NVC to send me a REF after the review my case? That will take another 3 weeks if I was lucky enough and not request a supervisor review.

3 - Which cover sheet should I submit the new package with the IVA Bar code sheet or the AOS Bar doe3 sheet?

4 - If I submit the new documents right now to save me the time of getting REF, would it be an issue?

5 - Is there anything below missing to be submitted for the Join Sponsor I-864?

AOS or IV Package Required List Status Section AOS or IV Bar-coded cover sheet X 1 Petitioner's Completed and signed form I-864 X 2 Petitioner's Country of Domicite Letter X 3 • Voter registration card showing permanent US address X • State Driver’s license showing permanent US address X Petitioner's Tax Return for the last three years & Paystubs X 4 Join Sponsor's Completed and signed form I-864 X 5 Join Sponsor's Tax return for the last three years X 6 Join Sponsor's Evidence of income X 7 • Employment Letter X • Paystubs X

Thank you all for your help and hopefully I'd be able to finish with this nightmare within three months as a max

M&Ms

[M&Ms 8]

To make Question # 5 clear

5 - Is there anything below missing to be submitted for the Join Sponsor I-864?

Required List
1 - AOS Bar-coded cover sheet
2 - Petitioner's Completed and signed form I-864
3 - Petitioner's Country of Domicile Letter
• Voter registration card showing permanent US address
• State Driver’s license showing permanent US address
4 - Petitioner's Tax Return for the last three years & Pay-stubs
5 - Join Sponsor's Completed and signed form I-864
6 - Join Sponsor's Tax return for the last three years
7 - Join Sponsor's Evidence of income
• Employment Letter
• Pay-stubs

[M&Ms 8]

Well, I have posted few posts this in another post as well

As I indicated in my post, I submitted all required documents IV and AOS to NVC and the scan date was November 7th. I have reviewed a lot of posts about the foreigner income and issue with tax exempts not meeting with poverty minimum income in our tax return Form 1040 line 22. Indeed I don't meet the poverty minimum income. So I have got a family remember to Join Sponsor my wife for me.

Now here are the questions below:

1 - I have filed I864EZ, do I still need to file I-864 since I'm getting a Join Sponsor with me?

2 - Should I wait for NVC to send me a REF after the review my case? That will take another 3 weeks if I was lucky enough and not request a supervisor review.

3 - Which cover sheet should I submit the new package with the IVA Bar code sheet or the AOS Bar code sheet?

4 - If I submit the new documents right now to save me the time of getting REF, would it be an issue?

5 - Is there anything below missing to be submitted for the Join Sponsor I-864?

Required List
1 - AOS or IV Bar-coded cover sheet
2 - Petitioner's Completed and signed form I-864
3 - Petitioner's Country of Domicile Letter
• Voter registration card showing permanent US address
• State Driver’s license showing permanent US address
4 - Petitioner's Tax Return for the last three years & Pay-stubs
5 - Join Sponsor's Completed and signed form I-864
6 - Join Sponsor's Tax return for the last three years
7 - Join Sponsor's Evidence of income
• Employment Letter
• Pay-stubs

Thank you all for your help and hopefully I'd be able to finish with this nightmare within three months as a max with approved visa.

M&Ms

Edited November 29, 2016 by M&Ms