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Hello everyone,

 

my father in law applied for her daughter to come to USA. He filled out i130 which got approved last month. He is a green card holder and doesn't work in the USA. We got emails from NVC that her case is ready and we should submit the documentation along with i864. My father in law doesn't work but I make enough to submit my tax returns etc. My questions is: what forms do we fill? i864 for my father in law and i864 from me? or i864 from my father in law and i864A from me? Also what should I write for his income since he never worked in the USA and have never filed taxes? Please help and thank you in advance.

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Filed: Lift. Cond. (apr) Country: China
Timeline

Moved from IR-1/CR-1 Process & Procedures to Brining Family Members of Permanent Residents to America forum.


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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If he hasn't had worldwide income for the past 3 years (or since he became a green card holder, whichever was sooner), then he wasn't required to file taxes. He would mark $0 for the income for those 3 years of taxes. He would also indicate that he has not filed taxes and that he was not required to do so because he had no income.

Note that I say worldwide income. You only noted that he has not worked in the US. Income earned outside the US while being a US resident is still income that counts towards the minimum to file taxes.

 

You would also file an I-864 (as a joint sponsor).

If you currently reside with him, you could do an I-864A, but presumably there is no benefit in doing so since has no income to join with your own.


Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

12/1/16: sent, 12/14/16: 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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Thank you very much geowrian. Yes he don't work and have $0 income. Since he had no income he never filed taxes. He is basically retired and just enjoying life. So he needs to submit a I864 with $0 in it and then I need to submit another i864 with my income information and tax transcripts? Are there any other documents that I need to submit for i864? Thanks.

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34 minutes ago, natapplicant said:

Thank you very much geowrian. Yes he don't work and have $0 income. Since he had no income he never filed taxes. He is basically retired and just enjoying life. So he needs to submit a I864 with $0 in it and then I need to submit another i864 with my income information and tax transcripts? Are there any other documents that I need to submit for i864? Thanks.

He submits an I-864 with $0 income for the past 3 tax years and marks that he wasn't required to file because he had no income. Whatever current income he has, he puts the same in the appropriate box as well (idk if he takes disbursements from a tax deferred retirement fund or anything).

 

You would submit an I-864 as well. You put your income as reported for the last 3 years as noted, as well as your current income in the appropriate box. You must include at least the most recent year's tax return (use the tax transcript). The other 2 years are optional.

You must also include evidence of your current income. If you're a W-2 earner, that would be paystubs and/or an employment letter. If you're self-employed, the tax returns already show your current income.

Any substantial assets being claimed on the I-864 also need documentation. Assets are optional if income is sufficient.

If you are married and file taxes jointly, an I-864A is often requested from them as well.

 

Read the I-864 and instructions until they are clear. :)


Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

12/1/16: sent, 12/14/16: 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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