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rhcurtis

Can I file the form I-864 if I am the beneficiary with no U.S status?

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My wife filed for me earlier this year and now our case is at the NVC. Everything was paid for and we sent the documents. However my wife is unable to work while living with me outside of the country so our source of income comes from me and my foreign business. We filled out the I-864 for her and the I-864A for me. We also included bank statements and supporting evidence for my business. But I received an email telling me that the I-864 for me the beneficiary is missing. So am I supposed to fill out the form similarly to how my wife filled hers out but instead put that I am the joint sponsor? I see in bold text on the first page that I am to submit proof to prove my citizenship if I am the sponsor which I cannot. 

This is what the email said:

Please make the below corrections to your Form I-864 or gather the requested financial evidence:
[ ] Hidden line.


[x] Form I-864, Affidavit of Support
    [x] Your Form I-864 Affidavit of Support is missing. Please complete and submit Form I-864.


[x] You must submit the following financial evidence:
    [x] Please provide your _____2016______________________________ IRS transcript or U.S. income tax return. You can get a transcript on the IRS's website: irs.gov/individuals/get-transcript. If you cannot get an IRS transcript, please send a photocopy of your Federal income tax return and a copy of every Form W-2 and Form 1099 that relates to your return(s). Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income. If you were not required to file a Federal income tax return for the most recent tax year ___2016_______________________________ , attach a typed or printed explanation of the reason. If you are eligible for an exception for any reason other than income level, you must also include evidence of the exception and how you are eligible for it.
    [x] A copy of every W-2 form that relates to your ________2016___________________________ tax returns.

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To make sure we are clear: your wife is a USC but is living abroad with you, she is the petitioner (she filed the I-130), and you are the beneficiary (the one applying for a visa)?

 

You can not be your own sponsor (or cosponsor). As the petitioner your wife is the sponsor and must fill out the I-1864. If she does not have us income then she will need enough assets or you will need a cosponsor. Because you are the beneficiary yo can not serve as the cosponsor. You will need to find someone else (living in the us) that can help as a cosponsor.


Relationship:     First met 2015, Married since Oct 2016

Spoiler

2015 Apr - First met and started chatting online (he was in the US on a J-1 visa)

2015 Sep - J-1 visa expires (2 year home stay requirement)

2016 Feb - First trip to China (10 days): met friends and family, celebrated Spring Festival (Chinese New Year), lots of sightseeing (including seeing pandas), and lots of food

2016 Feb 06 - Purchase matching jade necklaces to mark engagement

2016 Jun/Jul - Second trip to China (10 days): lots more sightseeing, food, and time with friends/family

2016 Sep/Oct - Third trip to China (10 days) this time with my parents so that my parents could meet him and his mom, along with lots of sightseeing and food (i'm sure you've picked up on a trend by now :D)

2016 Oct - At the end of the time in China my parents, myself, and Xuan all traveled to Canada (7 days) so that we could get married, but unfortunately his mom couldn't come along with us.

2016 Oct 08 - Wedding day on top of Mount Washington on Vancouver Island, and it had just snowed the night before. (L)(L)

2017 Jan - Fourth trip to China (7 days), you guessed it: food, family, friends, spring festival, ...


The CR-1 Process:    NOA1 - PD 27 Dec 2016 (TSC)

Spoiler

2016 Dec 21 - Sent I-130 packet (along with G-1145 for e-notification) by USPS priority mail express (1-day), but missed the pick-up so it won't actually leave till the next day

2016 Dec 23 - Delivery confirmed by USPS

2017 Jan 03 - Payment drawn from bank account

2017 Jan 04 - Text and email confirming USCIS receipt of petition, assignment to Texas Service Center for processing and SRC case number

2017 Jan 09 - Received I-797c notice of action by mail (NOA1) with assigned priority date of 27 Dec 2016

2017 ??? ......... just waiting patiently for NOA2 (hopefully by April/May if they ever stop transferring cases from Nebraska)

 

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