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Olichka

Very confused about I-864

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Posted (edited)

Hey everyone,

 

I'm in the process of completing my husbands AOS.

 

I filled out the I-864, but I don't make enough.

 

My mother will be my co-sponsor. My husband and I live with my parents, and my mom files taxes jointly with my dad.

 

Which form does she fill out ? The I-864 or the I864A ?

 

I've read very conflicting answers, and the instructions on the I-864 are confusing me a lot ( English is my 3rd language)... and i am VERY stressed over this.

 

Also do we just include IRS tax returns for the last year or the last 3 years?  Are W-2s needed ?

 

Please help !

Edited by Olichka

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Posted (edited)

* Moved from Progress Reports to AOS from K-1 Visas *

 

You complete an I-864 as the petitioner.

One parent completes an I-864 as a joint sponsor.

Your parent's spouse completes an I-864A as a household member of your parent's I-864.

 

A copy of the most recent year's tax return is necessary from all 3 individuals. The 2 years prior to that are optional.

If you use a tax transcript (https://www.irs.gov/individuals/get-transcript), then that's all they need tax-wise. Otherwise you need the 1040 + all W-2s, 1099, and other income schedules.

 

Edit: Evidence of current income is also required, of course. For an employee, this would be via pay stubs and/or employment letter.

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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3 minutes ago, geowrian said:

* Moved from Progress Reports to AOS from K-1 Visas *

 

You complete an I-864 as the petitioner.

One parent completes an I-864 as a joint sponsor.

Your parent's spouse completes an I-864A as a household member of your parent's I-864.

 

A copy of the most recent year's tax return is necessary from all 3 individuals. The 2 years prior to that are optional.

If you use a tax transcript (https://www.irs.gov/individuals/get-transcript), then that's all they need tax-wise. Otherwise you need the 1040 + all W-2s, 1099, and other income schedules.

 

Edit: Evidence of current income is also required, of course. For an employee, this would be via pay stubs and/or employment letter.

What if my dad is self employed ? What would he provide as evidence of current income ? 

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Posted (edited)
2 minutes ago, Olichka said:

What if my dad is self employed ? What would he provide as evidence of current income ? 

The tax return is evidence of current income for a self-employed individual.

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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3 hours ago, geowrian said:

* Moved from Progress Reports to AOS from K-1 Visas *

 

You complete an I-864 as the petitioner.

One parent completes an I-864 as a joint sponsor.

Your parent's spouse completes an I-864A as a household member of your parent's I-864.

 

A copy of the most recent year's tax return is necessary from all 3 individuals. The 2 years prior to that are optional.

If you use a tax transcript (https://www.irs.gov/individuals/get-transcript), then that's all they need tax-wise. Otherwise you need the 1040 + all W-2s, 1099, and other income schedules.

 

Edit: Evidence of current income is also required, of course. For an employee, this would be via pay stubs and/or employment letter.

Since they all live in same household, can't both parents use I-864A? 

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28 minutes ago, Shiran said:

Since they all live in same household, can't both parents use I-864A

Since they are married one files the I-864 and the other the I-864A


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June 13, 2018 Mary receives Mexican Residency Card

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

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6 hours ago, Paul & Mary said:

Since they are married one files the I-864 and the other the I-864A

I keep seeing that the I864-A is for the household member that can help the joint sponsor financially .. but my mom makes above what’s needed to cover poverty guidelines ! 

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9 hours ago, Shiran said:

Since they all live in same household, can't both parents use I-864A? 

Yes, that is possible here since they all reside together (not just in the same household).

 

The advantage is they get to combine all incomes. The disadvantage is it would have a larger household size (assuming he is not claimed as a dependent on their most recent taxes) so a higher minimum. But both options are possible.


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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42 minutes ago, geowrian said:

Yes, that is possible here since they all reside together (not just in the same household).

 

The advantage is they get to combine all incomes. The disadvantage is it would have a larger household size (assuming he is not claimed as a dependent on their most recent taxes) so a higher minimum. But both options are possible.

Is is true that if the joint sponsor (my mother) makes enough, my dad wouldn’t have to submit the I-864A unless he wanted to combine his portion with my mom to help us ? 

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Posted (edited)
15 minutes ago, Olichka said:

Is is true that if the joint sponsor (my mother) makes enough, my dad wouldn’t have to submit the I-864A unless he wanted to combine his portion with my mom to help us ? 

Have dad file the I-864a.  Better not to need and have it, than to not have it if it's needed.  Sometimes, USCIS wants the I-864a from the spouse even when the Joint Sponsor makes enough.

 

If you file the I-864a, then no harm, no foul if USCIS doesn't want the I-864a.

 

If you don't file the I-864a, then there's going to be a delay until USCIS gets the I-864a.  

 

 

Edited by aaron2020

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32 minutes ago, aaron2020 said:

Have dad file the I-864a.  Better not to need and have it, than to not have it if it's needed.  Sometimes, USCIS wants the I-864a from the spouse even when the Joint Sponsor makes enough.

 

If you file the I-864a, then no harm, no foul if USCIS doesn't want the I-864a.

 

If you don't file the I-864a, then there's going to be a delay until USCIS gets the I-864a.  

 

 

Would dad need to provide IRS transcript as well and that’s it ? And my mom too ? 

 

I saw saw that if they have the IRS transcripts, then they don’t need to provide w-2s and pay stubs. 

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