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Hi all,

 

I submitted my packet to USCIS Guangzhou on September 14th for Direct Consular Filing. We have not heard anything back yet (they said wait 60 days before contacting them), but I fully expect to get a request for the I-864 Affidavit of Support. I'm trying to get a jump on it so it's ready to go when we get the request. My income here in China is above the poverty line for a household of 2 (it's a pretty low bar to clear, tbh). Despite that fact, I would like to have my mom joint sponsor because I am working in China, which means that to move to the US I'd have to look for work and will be unemployed for a little while. I'm having trouble finding guides and help for how to fill this in with a joint sponsor, so here are my main questions:

 

1. My mom and I both need to submit an I-864, right? I would would be the principal sponsor and she would be the joint sponsor.

2. Do I need to combine mine and my mother's income on the form, or keep them separate?

3. Do I need to count my mom as part of my household if she is a joint sponsor?

4. Does my wife need to fill in her assets on both forms?

5. Are there any forms that need to be filled in with the I-864?

 

Thanks!

 

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Posted (edited)
  1. Yes.
  2. Two responses...
    1. The incomes are separate for a joint sponsor. You cannot combine incomes across sponsors.
    2. Your effective income is $0 unless the income will continue from the same source upon return to the US (which doesn't sound like the case here).
  3. No. Who to count or not count is laid out on the I-864 and its instructions. A joint sponsor's household size is independent from yours (although it is possible for an overlap of some people).
  4. Assets are optional. If you are using a joint sponsor to qualify, there is no point is listing assets IMO.
  5. The most recent year's US federal income tax return is required for any sponsor. Evidence of any income and assets claimed on the I-864 also needs to be supported by evidence (i.e. a pay stub + employment letter for a typical employee).
Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Posted (edited)

Thank you! I few more questions to clarify, if you don't mind
 

Quote

1. Your effective income is $0 unless the income will continue from the same source upon return to the US (which doesn't sound like the case here).

So this means that even though I have income here in China, because I will move to the US, USCIS will consider my income to be $0, right?

 

 

 

1 hour ago, geowrian said:

No. Who to count or not count is laid out on the I-864 and its instructions. A joint sponsor's household size is independent from yours (although it is possible for an overlap of some people).

The household size is a big point of confusion for me. It's just my wife and I, no children or anything. So our household size is 2. For my mom, she lives alone so hers is 1. But because she's the joint sponsor, would that make her household size 2 because she's joint sponsoring my wife? Or even 3 to include me?

 

She's joint sponsoring 1 immigrant. On page 3, part 4, it asks for the number of immigrants being sponsored (1). Then on page 5, section 5, number 8, it auto-fills to a household size of 2 when we add my mom to the form. This is what's causing most of the confusion.

 

 

 

Edited by sluchie88

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Posted (edited)
8 minutes ago, sluchie88 said:

So this means that even though I have income here in China, because I will move to the US, USCIS will consider my income to be $0, right?

Unless the income will continue from the same source when you return to the US, the eligible income for the I-864 is $0. They are looking (as required by the INA) to mitigate the chance for the beneficiary to become a public charge. Income earned that won't continue once she comes to the US cannot be used to support her after she arrives.

 

Quote

The household size is a big point of confusion for me. It's just my wife and I, no children or anything. So our household size is 2. For my mom, she lives alone so hers is 1. But because she's the joint sponsor, would that make her household size 2 because she's joint sponsoring my wife? Or even 3 to include me?

Correct, assuming no other individuals claimed on taxes, no people petitioned previously with a current I-864, etc. In most cases it would be just 2 for a spouse with no kids.

It would be 2 - herself plus the intending immigrate. She doesn't need to be able to support you. There are some atypical circumstances where you would still be counted in her household (i.e. if claimed on taxes as a dependent last year), but you are not automatically included in her household size.

 

Quote

She's joint sponsoring 1 immigrant. On page 3, part 4, it asks for the number of immigrants being sponsored (1). Then on page 5, section 5, number 8, it auto-fills to a household size of 2 when we add my mom to the form. This is what's causing most of the confusion.

Correct. #1 is 1 (your spouse) and #2 is 1 (herself). All others are likely 0 (but read each to confirm). This makes the total 2.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Moved from IR-1/CR-1 Progress Reports to DCF Discussion.


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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I have an update on our situation. We got our approval notice from USCIS today, and my petition was approved. They did not request any additional information. Does this mean we do not need the Affidavit of Support?

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2 hours ago, sluchie88 said:

I have an update on our situation. We got our approval notice from USCIS today, and my petition was approved. They did not request any additional information. Does this mean we do not need the Affidavit of Support?

Congrats!

 

No, the Affidavit of Support is not reviewed for the petition. That's needed for the visa, which is the next step in the process.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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2 hours ago, sluchie88 said:

I have an update on our situation. We got our approval notice from USCIS today, and my petition was approved. They did not request any additional information. Does this mean we do not need the Affidavit of Support?

The process for DCF varies somewhat by country, but the Affidavit of Support is generally requested during the interview.


DCF Mexico

06/04/2017: Married

06/24/2017: Mailed I-130

06/27/2017: NOA1 (technically a RFE as we were missing beneficiary ID)

07/06/2017: NOA2

07/12/2017: Case assigned by Juarez embassy

07/17/2017: Packet 3 received

08/15/2017: Interview/Approval!

08/22/2017: Visa received via DHL

09/03/2017: POE

09/16/2017: Permanent Resident Card received

 

Total days from NOA1 to approval: 49

 

I wrote a DCF Mexico guide! http://www.visajourney.com/wiki/index.php?title=DCF_Mexico

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9 hours ago, geowrian said:

Congrats!

 

No, the Affidavit of Support is not reviewed for the petition. That's needed for the visa, which is the next step in the process.

 

9 hours ago, Jorge V said:

The process for DCF varies somewhat by country, but the Affidavit of Support is generally requested during the interview.

Alright, thank you both! Glad I checked before pulling the plug on getting the affidavit ready haha

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