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Posted

Please help I am so CONFUSED! 

 

My American husband and I were living abroad when we filed our I-130. He has now moved back to America and recently got a job. I believe he cannot solely sponsor me since he has no proof of income for the past couple years. His parents are willing to sponsor me. They both filled out I-864 forms as joint sponsors, and have their IRS transcripts. My husband will also fill out an I-864 and include a pay stub or similar.

 

Now I am confused though since the parents obviously share a household. Should one of them fill out at I-864A instead? What I mean is my father-in-law and mother-in-law share a residence. I will be moving in to a household that includes my husband, and my brother-in-law. Does my mother-in-law AND/OR my brother-in-law have to fill out an I-864A?

 

I'm so sorry but I'm starting to feel so overwhelmed and frustrated with this process, even though we're nearing the end. I appreciate your time and assistance!

Posted

Only 1 joint sponsor.

One of them should use the I-864A as a household member of the other (who will be the sole joint sponsor).

 

15 minutes ago, Julianni said:

I believe he cannot solely sponsor me since he has no proof of income for the past couple years.

Incorrect. If he has current employment then he may be able to sponsor you with that income. The CO looks at a totality of the circumstances. For instance, if he was working abroad for years then came to the US and continued working, that is different than somebody who was not working for years then suddenly gets a job in the US.

 

What do you mean he has "no proof of income"? If he was working, wasn't he filing US federal taxes as required (the US passport even says this on it)?

If he was required to file US taxes and did not do so, then that needs to be resolved before he can submit an I-864. This applies even with a joint sponsor since the petitioner is the primary sponsor.

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

 

Posted
3 minutes ago, geowrian said:

Only 1 joint sponsor.

One of them should use the I-864A as a household member of the other (who will be the sole joint sponsor).

 

Incorrect. If he has current employment then he may be able to sponsor you with that income. The CO looks at a totality of the circumstances. For instance, if he was working abroad for years then came to the US and continued working, that is different than somebody who was not working for years then suddenly gets a job in the US.

 

What do you mean he has "no proof of income"? If he was working, wasn't he filing US federal taxes as required (the US passport even says this on it)?

If he was required to file US taxes and did not do so, then that needs to be resolved before he can submit an I-864. This applies even with a joint sponsor since the petitioner is the primary sponsor.

 

 

Thank you! My husband was not working, I supported us while we lived in my home country (these past 2,5 years).

Posted
2 minutes ago, Julianni said:

Thank you! My husband was not working, I supported us while we lived in my home country (these past 2,5 years).

Gotcha. So he had no income, not just no evidence of income. :)

He will probably need a joint sponsor as he falls into that latter part of my example. Not definite, but I would certainly lean towards having one given those circumstances.

He will need to complete the I-864 and note that he did not file for the previous 3 years (it's a checkbox). He needs to provide a reason why he was not required to file - no income/job is sufficient.

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

 

Filed: AOS (pnd) Country: Peru
Timeline
Posted

Hi! I am in a similar situation. My american husband and I were living first in my country and then in Germany where I was completing an MA on a full scholarship that supported the both of us. We filef the petition while still in Germany but by the time they approved it I had already graduated and thus my residency there finished. We just submitted our papers to the NVC and used his dad as a joint sponsor since he is currently looking for a job after having just moved back to the US. Therefore my husband as my petitioner filed the I864 and then his dad as our joint sponsor also completed a I864 for his household of two (him and his wife). However we didn't file the I864A for his mom, we didn't know that was necesary since they both lived of his retirement income and that is well above the 125% of the poverty line. 

 

It is exhausting to constantly explain our lives and marriage to the authorities. We have been married over three years and he became a german resident through me in only one month... but somehow its been almost 10 months and I am still stuck in limbo not fully living anywhere. 

 

I can't tell if that is the correct way (hopefully it will be so I dont get an RFE when they look at my case in about two months from now), but maybe this information can help you somehow! Good luck!

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

Moved from Progress Reports to Process & Procedures.

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*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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

***Hijack post removed.***

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*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

 
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