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Murph4444

I-864 questions?

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I'm AOS by way of marriage to a US Citizen. I'm in the US on a TN and have a full time job that makes over the 125% poverty line. Does my spouse still have to file the I-864 and prove that they make over the poverty line?

 

Also - my spouse is a graduate student and does make over the 125% but it's on a stipend and therefore not taxed so my spouse can't provide tax returns because they don't file them. Anyone else have this issue?

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You can't be your own sponsor, so yes, regardless of your own income, your spouse or a joint sponsor needs to complete the I-864. The beneficiary's income (or any other income from the household) can be used to supplement the petitioner's income, but it's not mandatory if the petitioner fulfills the 125% rule on their own. 

 

I have no firsthand experience with the second part of your question, but per page 9 of the I-864 instructions: 

 

If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a typed or printed explanation including evidence of the exemption and how you are subject to it.


AOS from TN Status

 

07/07/2018 -- Married

12/01/2018 -- Mailed AOS Package (I-130/I-130A, I-485, I-864, I-765, I-131) to Chicago Lockbox

12/03/2018 [Day 1] -- AOS Package received at Chicago Lockbox

12/07/2018 [Day 4] -- Credit card charged $1760 for I-130, I-485 + biometrics fee (via Form G-1450)

12/11/2018 [Day 8] -- Four (4) text alerts confirming receipt of case (12:23AM, 12:28AM, 12:29AM, 12:29AM)  

12/17/2018 [Day 14] -- Four (4) Form I-797C (Notice of Action) received in mail (Notice Date: 12/10/2018) 

12/21/2018 [Day 18] -- Biometrics Appointment Notice received (Appointment Date: 01/02/2019)

12/24/2018 [Day 21] -- Courtesy letter received re: I-693 (not submitted with initial petition)

01/02/2019 [Day 30] -- Biometrics completed 

01/07/2019 [Day 35] -- Biometrics review completed (Case Tracker status updated for I-485)

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Ok you are on a TN "Nafta" Visa.  And by AOS I take it you concurrently filed i-130 i-485 i-131 i-765? And I presume you are Canadian.

 

Your spouse will have to file an I-864 and provide a written explanation as to why taxes were not filed.  Since you are a TN your income can be included via a I-864A since it is earned in the US.  On the I864  the income the both of you can be combined.  I take it you also make 125% above poverty line for the two of you.  You should be filing a US tax return.  

 

On the I-864 you can show the stipend proof at the end.  What they are most concerned about is that the two of you will be earning enough income after the AOS.

Edited by Paul & Mary

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry

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Why wasn't he required to file taxes...? A stipend is still income, even if it's not taxable (and it may or may not actually be taxable..I don't know the specifics of his case). The requirement to file a tax return is dependent on income earned , not the tax liability associated with it.

Edit: To reiterate, this is a filing issue, (presumably) not a tax payment one. The income needs to be reported, which means filing a tax return.

 

The petitioner must always be the primary sponsor. They can include your income in their household income on the I-864, though.

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

10/24/18: Green card produced notice

10/25/18: Formal approval

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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