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Hello Friends hola amigos. I am new to visa Journey today, and not sure how to use the site. I found this post about i-864. I have a question  I was the US petitioner and I filed the i 130 for my fiancé. We got married. Now we need to do the AOS. I am confused because the USCIS website is not clear on directions. Here is my situation. I don't meet 125% for the poverty guideline requirements. My father is going to sponsor my husband with me. I made my I-864, but does my father need to make the i-864 OR i864A. My father and I don't live at the same address, but I was listed as a dependent of his latest tax return. Does that mean we are household members or no? My father fills out i864 or I864A?

 

Please help. I would greatly appreciate it

blessings 

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Filed: Citizen (apr) Country: Ireland
Timeline

**** two identical posts in other members' threads removed.  PLease only post once on a question/ issue ****

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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Filed: AOS (pnd) Country: Belgium
Timeline

You fill out another 864, but this time check the box that says joint sponsor

AOS from VWP

10/04/16: Package (I485, I130, I765, I131) sent to Chicago Lockbox via Priority USPS

10/05/16: NOA1 Package received

10/18/16: Hard copies received

10/26/16: Appointment letter for Biometrics

11/01/16: RFIE: birth certificate joint sponsor missing

11/08/16: Biometrics

11/22/16: RFIE received

12/14/16: I485 Case is ready to be scheduled for interview

12/19/16: Service request for I765 (day 76)

12/23/16: Letter in mail stating that I765 is within normal processing times

01/03/17: EAD card in production (day 91) later changed to Case Approved

01/03/17: I131 AP case approved

01/06/17: Card has been mailed (day 94)

01/11/17: Card in hand :jest: (day 99)

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35 minutes ago, esperanza sandova said:

glennw84 thank you so very much for answering. I appreciate this. Did you have the same situation I did? Also please anyone else I would appreciate your input. 

Glenn is right :) he's not your current household member so no i-864a is needed for you guys. Good luck filing :)

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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Filed: AOS (pnd) Country: Belgium
Timeline

Yes I was in the same situation. I did not have any trouble. I only forgot to provide proof of US citizenship of the joint sponsor so I got an RFE for that. Other than that everything went without a hitch. So far. Good luck to you

AOS from VWP

10/04/16: Package (I485, I130, I765, I131) sent to Chicago Lockbox via Priority USPS

10/05/16: NOA1 Package received

10/18/16: Hard copies received

10/26/16: Appointment letter for Biometrics

11/01/16: RFIE: birth certificate joint sponsor missing

11/08/16: Biometrics

11/22/16: RFIE received

12/14/16: I485 Case is ready to be scheduled for interview

12/19/16: Service request for I765 (day 76)

12/23/16: Letter in mail stating that I765 is within normal processing times

01/03/17: EAD card in production (day 91) later changed to Case Approved

01/03/17: I131 AP case approved

01/06/17: Card has been mailed (day 94)

01/11/17: Card in hand :jest: (day 99)

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I-864 for both of you.  However your father has to count you on his household size until he does taxes and doesn't count you as a dependent. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: AOS (pnd) Country: Belgium
Timeline
2 minutes ago, esperanza sandova said:

He won't count me as a dependent for 2016, but im stuck for now because he did for 2015.  I will count myself in his household size then. Also i must put in 1 in his box for dependent too. 

I am pretty sure that you don't have to count him in your household size, You have to look at the current situation at the time of filing. The tax return is only to prove his income. Don't overthink it too much. USCIS is not the IRS, they only want prove that he is a US citizen, paid taxes/has a decent income, lives at another address and that he takes responsibility to sponsor the immigrant. 

 

Only write what your current situation is in household size and income. 

AOS from VWP

10/04/16: Package (I485, I130, I765, I131) sent to Chicago Lockbox via Priority USPS

10/05/16: NOA1 Package received

10/18/16: Hard copies received

10/26/16: Appointment letter for Biometrics

11/01/16: RFIE: birth certificate joint sponsor missing

11/08/16: Biometrics

11/22/16: RFIE received

12/14/16: I485 Case is ready to be scheduled for interview

12/19/16: Service request for I765 (day 76)

12/23/16: Letter in mail stating that I765 is within normal processing times

01/03/17: EAD card in production (day 91) later changed to Case Approved

01/03/17: I131 AP case approved

01/06/17: Card has been mailed (day 94)

01/11/17: Card in hand :jest: (day 99)

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