Jump to content
Captain Ewok

New USCIS policy regarding Form I-864

 Share

15 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Singapore
Timeline

News: Dec 2005

A new USCIS memorandum recently notified adjudicators that the USCIS determined that a person completing an Affidavit of Support (Form I-864) on behalf of an adjustment of status applicant should only be required to file one Federal income tax return, for the tax year that is most recent as of the date the Form I-864 was signed, rather than having to submit a Federal income tax return for each of the three most recent tax years. This memorandum also clarifies how USCIS officers are to determine the sufficiency of a Form I-864.

For the full press release, read here:

http://uscis.gov/graphics/lawsregs/handboo...upprt112305.pdf

I am an Ewok. I am here to to keep the peace. Please contact me if you have a problem with the site or a complaint regarding a violation of the Terms of Service. For the fastest response please use the 'Contact Us' page to contact me.

Link to comment
Share on other sites

interesting!

Filed DCF in Jordan from 7-05 to 3-06, Approved for I-R1.

Immigration Free until 2008.

Two Hearts, Two Different Places, Sharing One Dream

We were strangers~ Starting out on a journey~Never dreaming What we'd have to go through ~Now here we are ~ And I'm suddenly standing ~ At the beginning with you ~ No one told me I was going to find you ~ Unexpected ~ What you did to my heart ~ When I lost hope You were there to remind me ~ This is the start ~ Life is a road And I want to keep going ~ Love is a river I wanna keep flowing ~ Life is a road Now and forever ~ Wonderful journey ~ I'll be there When the world stops turning~ I'll be there When the storm is through ~ In the end I wanna be standing At the beginning with you~

.png

Link to comment
Share on other sites

Filed: K-1 Visa Country: Ireland
Timeline

Well thats good that they are trying to get some uniformity going!

Timeline:

11-15-2005: Sent in I-129F to VSC

11-21-2005: NOA1

11-29-2005: NOA2

12-05-2005: NVC recieved

12-17-2005: Packet 3 received from Dublin

1-11-2006: Sent packet 3 forms, etc. to Dublin

2-03-2006: Interview Date :)APPROVED!!!

2-05-2006: Flying to Logan Airport

2-11-2006: Wedding Date

3-14-2006: Filed AOS and EAD

3-22-2006: NOA1 (AOS and EAD)

4-07-2006: Biometrics

6-07-2006: EAD approved!!

7-24-2006: AOS Interview APPROVED!!!

7-27-2006: Received Welcome to America letter

8-03-2006: Green Card Received :)

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Brazil
Timeline

I could be wrong but for K1, we file the I134 and not the I864?? if this is so then this reg does not apply to K1 :huh: . If I am wrong then plese let me know.

Thks,

Dave

10Yr GC arrived 07/02/09 - Naturalization is next

The drama begins - again!

And now the drama ends - they took the Green card . . .

Link to comment
Share on other sites

I could be wrong but for K1, we file the I134 and not the I864?? if this is so then this reg does not apply to K1 :huh: . If I am wrong then plese let me know.

Thks,

Dave

This new ruling is relevant only for Adjustment of Status once in the US not for affidavits of support at interview stage for visa's.

You can find me on FBI

An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

fb2fc244.gif72c97806.gif4d488a91.gif

11324375801ij.gif

View Timeline HERE

I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Brazil
Timeline

Sorry, the Captain did say "adjustment of status" and not for K1. . . did not read correctly. . . my state of mind is stuck on getting noa2

thanks!

10Yr GC arrived 07/02/09 - Naturalization is next

The drama begins - again!

And now the drama ends - they took the Green card . . .

Link to comment
Share on other sites

  • 2 months later...
Filed: IR-1/CR-1 Visa Country: Scotland
Timeline
News: Dec 2005

A new USCIS memorandum recently notified adjudicators that the USCIS determined that a person completing an Affidavit of Support (Form I-864) on behalf of an adjustment of status applicant should only be required to file one Federal income tax return, for the tax year that is most recent as of the date the Form I-864 was signed, rather than having to submit a Federal income tax return for each of the three most recent tax years. This memorandum also clarifies how USCIS officers are to determine the sufficiency of a Form I-864.

For the full press release, read here:

http://uscis.gov/graphics/lawsregs/handboo...upprt112305.pdf

Well I am just back from my AOS interview and was told we need a co-sponsor as my husband's tax returns don't reflect above poverty line for all 3 past years. He was a student in 2002,2003 and 2004. We have shown he now has a teaching job and gave copy of 2005 tax return. I filed in Dec 05. I have to get another person to sponsor me,but having read this it seems quite unfair,as if I applied now then hsi most recent tax return would be all that was required and would be eligible. Have you any advice for us??I also don't understand why my property in the UK can't be used towards this,I mean not having to sell it,just prove it can realise a certain amount if sold.

Link to comment
Share on other sites

I could be wrong but for K1, we file the I134 and not the I864?? if this is so then this reg does not apply to K1 :huh: . If I am wrong then plese let me know.

Thks,

Dave

We filed the I-134

usa_fl_sm_nwm.gifphilippines_fl_md_clr.gif

United States & Republic of the Philippines

"Life is hard; it's harder if you're stupid." John Wayne

Link to comment
Share on other sites

  • 4 weeks later...
I wanted to know if this is legit because the websites are saying that you need 3 years worth of tax returns. So, i send only my 2005 tax stuff i wont be rejected on my I864???

thanks

It is legit yes. This particular memo is for those doing AOS in the US. Keep in mind that you can still submit 3 years if you think it will assist you. If your I-485 was filed after April 15, 2005 only the most recent tax year would be required. It is also now applying to those submitting I-864 for immigrant visas.

for any Form I-485 filed on or after the date of this memorandum, the sponsor shall not be required to file any Federal income tax return for any year other than the tax year immediately preceding the sponsor’s signing of the Form I-864. For example, if the sponsor signed the Form I-864 after April 15, 2005, only the sponsor’s 2004 Federal income tax return would be required. However, the sponsor may file the three most recent returns if the sponsor believes that the additional returns will make it more likely that the Form I-864 will be found to be sufficient.

As for the websites referring still to the 3 most recent, it appears not all the text has been updated to reflect the new policy, but it is mentioned in certain sections.

Edited by aussiewench

You can find me on FBI

An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

fb2fc244.gif72c97806.gif4d488a91.gif

11324375801ij.gif

View Timeline HERE

I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

Link to comment
Share on other sites

I wanted to know if this is legit because the websites are saying that you need 3 years worth of tax returns. So, i send only my 2005 tax stuff i wont be rejected on my I864???

thanks

It is legit yes. This particular memo is for those doing AOS in the US. Keep in mind that you can still submit 3 years if you think it will assist you. If your I-485 was filed after April 15, 2005 only the most recent tax year would be required. It is also now applying to those submitting I-864 for immigrant visas.

for any Form I-485 filed on or after the date of this memorandum, the sponsor shall not be required to file any Federal income tax return for any year other than the tax year immediately preceding the sponsor’s signing of the Form I-864. For example, if the sponsor signed the Form I-864 after April 15, 2005, only the sponsor’s 2004 Federal income tax return would be required. However, the sponsor may file the three most recent returns if the sponsor believes that the additional returns will make it more likely that the Form I-864 will be found to be sufficient.

As for the websites referring still to the 3 most recent, it appears not all the text has been updated to reflect the new policy, but it is mentioned in certain sections.

I kinda think they the (CO) does whatever they want during the interviews. Our AOS was filed in Sept 2004 and interview was Mar 2005. We only submitted one tax return(2004) with the I-485 and we brought the other 2 (2002 & 2003) with us to the interview. We did not receive any RFEs, nor did the CO asked for the other 2 returns. He only looked at the 2004 return and our I-864 and my husband was approved.

Sweetee

A good marriage begins when both partners feel they got better than they deserve~~~~~~~~~~~~~

K1 TIMELINE

09/23/2003...NOA1(TSC)

02/05/2004...NOA2

02/16/2004...NVC CLEARED

03/09/2004...PACKET RECEIVED(FIANCEE PICKED UP)

06/07/2004...INTERVIEW DATE(SUCCESSFULL.....GOD IS IN CONTROL)

06/10/2004...VISA IN HAND

06/25/2004...USA ARRIVAL

06/29/2004...Applied for SSN

07/06/2004...Applied for Job(SUCCESS)

07/12/2004...SSN arrived in mail

07/15/2004...Began new Job

08/11/2004...WEDDING DATE....(Court)

09/15/2004...EAD & I-485 filed(via infopass)

09/27/2004...EAD & I-485 Receipt date

10/01/2004...NOA 1

10/08/2004...Received Driver's License

11/22/2004...Biometrics

12/27/2004...EAD approval

12/31/2004...EAD card arrives

01/01/2005...Church Wedding(Happy New Year!!!)

03/29/2005...I-485 interview(APPROVED!!!)

04/08/2005...Green Card arrival

12/29/2006...Lift Conditions pending(90 day advance filing)

Link to comment
Share on other sites

  • 7 months later...

The latest version of the I-864 gives sponsor the choice of sending the most recent tax form (which is suffient based upon the recent rule changes) or sending the three most recent tax returns (which is not required but an option). See the bottom of page 15, per the most recent version on page 15 (per the I-864 version dated 01/15/06. Cheers!!!

[CLICK HERE] - MANILA EMBASSY K1 VISA GUIDE (Review Post #1)

[CLICK HERE] - VJ Acronyms and USCIS Form Definitions (A Handy Reference Tool)

Manila Embassy K1 Visa Information

4.2 National Visa Center (NVC) | (603) 334-0700 press 1, then 5....

4.3 Manila Embassy (Immigrant Visa Unit) | 011-632-301-2000 ext 5184 or dial 0

4.4 Department of State | (202) 663-1225, press 1, press 0,

4.5 Document Verification | CLICK HERE

4.6 Visa Interview Appointments website | CLICK HERE

4.7 St. Lukes | 011-63-2-521-0020

5.1 DELBROS website | CLICK HERE

6.2 CFO Guidance and Counseling Seminar | MANILA or CEBU

6.3 I-94 Arrival / Departure info | CLICK HERE

Adjustment of Status (AOS) Information

Please review the signature and story tab of my wife's profile, [Deputy Uling].

DISCLAIMER: Providing information does not constitute legal consul nor is intended as a substitute for legal representation.

Link to comment
Share on other sites

Per the I-864 version dated 01/15/06, see the bottom of page 15 (CLICK HERE). The sponsor has the choice of sending the most recent tax form (which is sufficient based upon the recent rule changes) or sending the three most recent tax returns (which is not required but an option).

Cheers!!!

Sheriff Uling

p.s. – My apologies because I was really tired the first time I posted this reply.

[CLICK HERE] - MANILA EMBASSY K1 VISA GUIDE (Review Post #1)

[CLICK HERE] - VJ Acronyms and USCIS Form Definitions (A Handy Reference Tool)

Manila Embassy K1 Visa Information

4.2 National Visa Center (NVC) | (603) 334-0700 press 1, then 5....

4.3 Manila Embassy (Immigrant Visa Unit) | 011-632-301-2000 ext 5184 or dial 0

4.4 Department of State | (202) 663-1225, press 1, press 0,

4.5 Document Verification | CLICK HERE

4.6 Visa Interview Appointments website | CLICK HERE

4.7 St. Lukes | 011-63-2-521-0020

5.1 DELBROS website | CLICK HERE

6.2 CFO Guidance and Counseling Seminar | MANILA or CEBU

6.3 I-94 Arrival / Departure info | CLICK HERE

Adjustment of Status (AOS) Information

Please review the signature and story tab of my wife's profile, [Deputy Uling].

DISCLAIMER: Providing information does not constitute legal consul nor is intended as a substitute for legal representation.

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...