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AnaMarieW

Question about I 864

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Posted (edited)

Hi! So my question for Affidavit Of Support, I am a Bartender but I make around 30K a year. (125% of the NC poverty level for a family of 3 is 27K) I know that I meet the guidelines but how am I supposed to show that in the form? Am I supposed to print my paystubs? Because if so, my pay (at 5 an hour) won’t show that I make 30K. Also can my husband (the beneficiary) report his income? He makes 32K a year in Sweden and we hoped to be able to use his income to show he can support himself. 

 

When we did the I 126F a couple years ago, only I worked and we had to get a sponsor which was extremely difficult.

Edited by AnaMarieW
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I-129F Sent : 09-28-2015 via USPS Priority Mail to PO Box in Dallas, TX

I-129F Delivered : 10-01-2015

 

I-129F NOA1 :10-13-2015

 

I-129F NOA2 : 11-04-2015

 

NVC Received : 11-17-2015

 

Packet 3 Received : 12-04-2015

 

Interview Date : March 3rd, 2016

 

Interview Result : Approved!

 

Visa Received : March 14th, 2016

 

US Entry : March 16th, 2016

 

Marriage : May 25th, 2016

 

Daughter born: May 13th, 2016

 

Now on I-130. A new adventure begins..

 

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11 minutes ago, AnaMarieW said:

Hi! So my question for Affidavit Of Support, I am a Bartender but I make around 30K a year. (125% of the NC poverty level for a family of 3 is 27K) I know that I meet the guidelines but how am I supposed to show that in the form? Am I supposed to print my paystubs? Because if so, my pay (at 5 an hour) won’t show that I make 30K. Also can my husband (the beneficiary) report his income? He makes 32K a year in Sweden and we hoped to be able to use his income to show he can support himself. 

 

When we did the I 126F a couple years ago, only I worked and we had to get a sponsor which was extremely difficult.

Unless your husband's income will continue from the same source, it is irrelevant, not asked for, and cannot be used in any way.

 

If you take all your tips in cash or any in cash that don't show in the gross pay on your pay stub, then you just make sure you have claimed those tips as income on your tax returns.  If you have not, you are going to need a qualified joint sponsor.

 

The self employed have similar issues.

 

If you are in the same job and have been claiming your tips the last three years, showing a "total income" from line 22 of your 1040 form, you should be OK.  If not, joint sponsor time.  It IS, what it IS.


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Hi! I have a question again about the I 864. My spouses place of employment has told us that he will be able to keep his job while in the US (he is a IT technician) he has been with the company for going to be 2 years. Has anyone filed out this form using both the petitioners income and the intending immigrant without any issues? We will not need a sponsor if both of our incomes is shown in this form right?

 

I just wanna make sure we don't mess this up. Should we include a statement from my husbands employer along with Swedish tax records?? I swear every time we get through one part, another hurdle comes haha.  

 

Thank you. 


I-129F Sent : 09-28-2015 via USPS Priority Mail to PO Box in Dallas, TX

I-129F Delivered : 10-01-2015

 

I-129F NOA1 :10-13-2015

 

I-129F NOA2 : 11-04-2015

 

NVC Received : 11-17-2015

 

Packet 3 Received : 12-04-2015

 

Interview Date : March 3rd, 2016

 

Interview Result : Approved!

 

Visa Received : March 14th, 2016

 

US Entry : March 16th, 2016

 

Marriage : May 25th, 2016

 

Daughter born: May 13th, 2016

 

Now on I-130. A new adventure begins..

 

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Yes I did. We have filed taxes for 2016 and 2018 as married. We didn't file in 2017 due to living in sweden the entire year without having an american income. 

2 minutes ago, databit said:

Side issue: Did you file your taxes that are due soon as married?

 


I-129F Sent : 09-28-2015 via USPS Priority Mail to PO Box in Dallas, TX

I-129F Delivered : 10-01-2015

 

I-129F NOA1 :10-13-2015

 

I-129F NOA2 : 11-04-2015

 

NVC Received : 11-17-2015

 

Packet 3 Received : 12-04-2015

 

Interview Date : March 3rd, 2016

 

Interview Result : Approved!

 

Visa Received : March 14th, 2016

 

US Entry : March 16th, 2016

 

Marriage : May 25th, 2016

 

Daughter born: May 13th, 2016

 

Now on I-130. A new adventure begins..

 

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~~~Posts merged with existing thread.~~~

 

9 hours ago, AnaMarieW said:

Hi! I have a question again about the I 864. My spouses place of employment has told us that he will be able to keep his job while in the US (he is a IT technician) he has been with the company for going to be 2 years. Has anyone filed out this form using both the petitioners income and the intending immigrant without any issues? We will not need a sponsor if both of our incomes is shown in this form right?

 

I just wanna make sure we don't mess this up. Should we include a statement from my husbands employer along with Swedish tax records?? I swear every time we get through one part, another hurdle comes haha.  

 

Thank you. 

 

7 hours ago, databit said:

Side issue: Did you file your taxes that are due soon as married?

 

7 hours ago, AnaMarieW said:

Yes I did. We have filed taxes for 2016 and 2018 as married. We didn't file in 2017 due to living in sweden the entire year without having an american income. 

 

 


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10 hours ago, databit said:

Side issue: Did you file your taxes that are due soon as married?

In case you are asking for yourself, just so you are aware, you must, by law, always file married if you are married on or before December 31st of the year you are filing taxes for, whether that is jointly or separately.


Our CR1 Journey So Far:
 

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13 hours ago, AnaMarieW said:

Hi! I have a question again about the I 864. My spouses place of employment has told us that he will be able to keep his job while in the US (he is a IT technician) he has been with the company for going to be 2 years. Has anyone filed out this form using both the petitioners income and the intending immigrant without any issues? We will not need a sponsor if both of our incomes is shown in this form right?

 

I just wanna make sure we don't mess this up. Should we include a statement from my husbands employer along with Swedish tax records?? I swear every time we get through one part, another hurdle comes haha.  

 

Thank you. 

Using both incomes is no problem.  Yes, provide a letter from your husband's employer stating what his income will be, in dollars as he continues his employment in the US.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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16 hours ago, AnaMarieW said:

Yes I did. We have filed taxes for 2016 and 2018 as married. We didn't file in 2017 due to living in sweden the entire year without having an american income. 

 

Doesnt matter if you had US income or not.  USC must file their taxes in the USA if they make enough to file. 


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Just now, NikLR said:

Doesnt matter if you had US income or not.  USC must file their taxes in the USA if they make enough to file. 

Well back then I asked other Americans who lived in Sweden if I had to file and I was told no. Because I made $0 and my husband wasn’t a citizen here due to “abandoning permanent residency”. 

 

I was was able to file this year with no problem I just put married and was able to put foreign. 


I-129F Sent : 09-28-2015 via USPS Priority Mail to PO Box in Dallas, TX

I-129F Delivered : 10-01-2015

 

I-129F NOA1 :10-13-2015

 

I-129F NOA2 : 11-04-2015

 

NVC Received : 11-17-2015

 

Packet 3 Received : 12-04-2015

 

Interview Date : March 3rd, 2016

 

Interview Result : Approved!

 

Visa Received : March 14th, 2016

 

US Entry : March 16th, 2016

 

Marriage : May 25th, 2016

 

Daughter born: May 13th, 2016

 

Now on I-130. A new adventure begins..

 

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1 minute ago, AnaMarieW said:

Well back then I asked other Americans who lived in Sweden if I had to file and I was told no. Because I made $0 and my husband wasn’t a citizen here due to “abandoning permanent residency”. 

 

I was was able to file this year with no problem I just put married and was able to put foreign. 

Did he have income while abroad? US citizens are taxed on worldwide income.

If he had income above the minimum threshold (the same as domestic US citizens), then he was and still is required to file for that year.


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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Just now, geowrian said:

Did he have income while abroad? US citizens are taxed on worldwide income.

If he had income above the minimum threshold (the same as domestic US citizens), then he was and still is required to file for that year.

Yes he did but like I mentioned his green card status became invalid so why would he need to file then if he is no longer considered American or has anything to do with America until now? Also I submitted my taxes for 2016,2018 and even wrote a note about 2017 when I sent in my package for I 130 and they approved it? 

 

To me it just doesn't make sense. If he was still a green card holder then sure, I 100% understand. 😅


I-129F Sent : 09-28-2015 via USPS Priority Mail to PO Box in Dallas, TX

I-129F Delivered : 10-01-2015

 

I-129F NOA1 :10-13-2015

 

I-129F NOA2 : 11-04-2015

 

NVC Received : 11-17-2015

 

Packet 3 Received : 12-04-2015

 

Interview Date : March 3rd, 2016

 

Interview Result : Approved!

 

Visa Received : March 14th, 2016

 

US Entry : March 16th, 2016

 

Marriage : May 25th, 2016

 

Daughter born: May 13th, 2016

 

Now on I-130. A new adventure begins..

 

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Posted (edited)
13 minutes ago, AnaMarieW said:

Yes he did but like I mentioned his green card status became invalid so why would he need to file then if he is no longer considered American or has anything to do with America until now? Also I submitted my taxes for 2016,2018 and even wrote a note about 2017 when I sent in my package for I 130 and they approved it? 

 

To me it just doesn't make sense. If he was still a green card holder then sure, I 100% understand. 😅

Was the green card formally abandoned that year? If so, then he would be fine. If not, then it's murky at best - just being abroad does not terminate LPR status. Unless there is a formal decision to revoke LPR status, it technically remains. It doesn't mean one can just return to the US with no consequences after years abroad (expect to be put in front of an immigration judge), but they don't just officially revoke status quickly after a year abroad or something either.

 

Your tax returns have nothing to do with the I-130. They don't review it there, except maybe to check if you filed them as married. But they aren't required and they wouldn't deny somebody for improperly filed or missing taxes at the I-130 stage.

 

Edit: Formally abandoned = I-407 filed abroad

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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6 minutes ago, geowrian said:

Was the green card formally abandoned that year? If so, then he would be fine. If not, then it's murky at best - just being abroad does not terminate LPR status. Unless there is a formal decision to revoke LPR status, it technically remains. It doesn't mean one can just return to the US with no consequences after years abroad (expect to be put in front of an immigration judge), but they don't just officially revoke status quickly after a year abroad or something either.

 

Your tax returns have nothing to do with the I-130. They don't review it there, except maybe to check if you filed them as married. But they aren't required and they wouldn't deny somebody for improperly filed or missing taxes at the I-130 stage.

 

Edit: Formally abandoned = I-407 filed abroad

We overstayed our time outside of the US and when we tried to file a returning resident visa, we were denied and told that his Greencard was now expired (even though it had another year left) so that’s why we filed I 130 cause of what the American embassy in Sweden told us. We only overstayed 2 months at the time but they counted it as abandoning it. 😕 


I-129F Sent : 09-28-2015 via USPS Priority Mail to PO Box in Dallas, TX

I-129F Delivered : 10-01-2015

 

I-129F NOA1 :10-13-2015

 

I-129F NOA2 : 11-04-2015

 

NVC Received : 11-17-2015

 

Packet 3 Received : 12-04-2015

 

Interview Date : March 3rd, 2016

 

Interview Result : Approved!

 

Visa Received : March 14th, 2016

 

US Entry : March 16th, 2016

 

Marriage : May 25th, 2016

 

Daughter born: May 13th, 2016

 

Now on I-130. A new adventure begins..

 

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Posted (edited)
7 minutes ago, AnaMarieW said:

We overstayed our time outside of the US and when we tried to file a returning resident visa, we were denied and told that his Greencard was now expired (even though it had another year left) so that’s why we filed I 130 cause of what the American embassy in Sweden told us. We only overstayed 2 months at the time but they counted it as abandoning it. 😕 

Gotcha. The formal SB-1 refusal should be sufficient for no longer being an LPR. At least that's my understanding of the SB-1 visa process from a couple others that went through it.

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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