Phil_NUFC

The intending immigrant (You) can file I-864A as member of us citizen's household, but this requires the intending immigrant to have a Job, or assets.

I do have a job now and the salary is enough for 2 people above 125% of the poverty line. But I'm not sure if I can because my wie has never filed taxes and neither have I and the Affidavit of Support wants to see the W-2's. Do you think I can still do it?

Is wife's step dad a member of her house-hold? If so he could have used the I-864A to help make up the difference of wife's income and povertyline for wife.

My wifes step-dad lives in Michigan, we were living with him and my wifes mom but recently moved to Arizona. So, i don't think we can be counted in his household can we? We did use the I-864A to help my wife (who has never filed a w-2 and never worked) to make up the amount needed. But he didnt meet the required amount, $2,000 under it infact due to the per diem not being accepted as its not taxable.

A W-2 is not "Filed" by a person, it is given to an employee by an employer, and the employee files 1040, and attaches the W2 to the the return.

You mean wife as never filed a return before? Has she been un-employed? Need more details.

Yes she's been in and out of hospital and never worked, until we got here to AZ and she's worked part-time for about a month, but now isnt working again.

I don't see a line 22 on the W-2: http://www.irs.gov/pub/irs-pdf/fw2.pdf

Sorry the line 22 is on the 1040 not the w-2, its the total income.

Perhaps a different Joint-Sponsor is required.

Yes i thought I could do it, use my income, could i do this??

Hey guys,

Just came back from my AOS interview in Phoenix AZ with my wife. Aparently our co-sponsor (my wife's step-dad) for the Affidavit of support does not earn enough, only around $23,000 for 2006 and with a family of 4 he needed around $25,000. We sent in his tax return for 2006 together with a letter from my wife stating she had never filed a w-2 before and that he would be the co-sponsor. He earns his money as a trucker, getting paid his normal wages together with a non-taxable per diem check. Now his wages again for 2006 were around 23,000, we knew this was not enough but thought it would be with his per diem, which for 2006 was 27,000 making his total income for 2006 around 50,000. BUT..... aparently USCIS has to go by line 22 of the W-2 form which is only taxable income. So he doesn't make enough and we need a new co-sponsor.

I thought i might be able to be the co-sponsor as i earn over the 125% poverty line for 2 people but with her never filing a w-2..... and i've also obviously never filed one..... can we do it that way????

Anyone got any ideas?

Phil

If she didn't file taxes on 2006, 2005 and 2005 because she did less than a certain amount of money (look at each years 1040 to know with how much money the requirement to fill taxes start). If she didn't fill taxes because she did less money than the required to fill taxes, then she should write an statement saying that. My husband didn't fill taxes on 2004 because he did less than around $7000, and he wrote an statement saying that.

(I hope that it's clear enough).

Read the instructions for I485. It explains there everything!!! Good luck.

Thanks Burke, I think that has cleared everything up. She only worked a couple weeks so would not have earned enough to file a tax return in 2006.

Phil

You need to read the form and its requirements thoroughly, specially on the income criteria.

There is a certain minimum income criteria for a sponsor, first find out whether she meets it.

If not, you need to find a co sponsor.

It is essential for the sponsor and co sponsor to file tax returns.

If you are not ready with this, then wait till you are before filing for your AOS.

There is no deadline within which you need to file it.

she might not owe anything to IRS, but filing is essential

She has no job, so doesn't meet the income requirements, but her step-father does and he will be filing his affidavit with hers. He will also file his 2006 tax return.

Is anyone else in a similar situation? I would have thought the IRS would have notified her to file a tax return if she needed to....

Yes, her step-father is filing as her joint sponsor. He has copied his tax return for 2006 and will be filing that with his affidavit. I'm just not sure if she needs to file a tax return as she only worked for a few weeks. Any idea?

Hey guys,

My wife is only 18 and at the moment is in the same boat as me with no job yet. I moved here from England and we got married last month. We're filing for the A.O.S, E.A.D and A.P now and have a question.

She is only 18 and has never filed a Tax Return, yet it asks for last years on the I-864. The only work she has done was in September 2006 for a couple weeks. What would she do for this question on the affidavit?

Phil

can i travel back to England with my new wife for a couple weeks before i receive my green card? i think i need advanced parole or something and i heard the form is like $500 and only used in a life or death emergency is this right?

Phil

Phil -

SLOW DOWN. You posted 4 questions in 20 minutes.

You need AP before leaving the country & no it's not emergency only.

Hey devilette, time is money!! LOL

Any idea on the waiting times? I'm in White Pigeon Michigan at the moment. My wife and I are planning on a trip back to jolly old England at the start of August. Do you think if I send off the AP this week or possibly next at the latest that I would get the AP in time to go?

Hey YuAndDan, $170 sounds much better to me!! Thanks

Phil

can i travel back to England with my new wife for a couple weeks before i receive my green card? i think i need advanced parole or something and i heard the form is like $500 and only used in a life or death emergency is this right?

Phil

Hey guys,

I am on a K-1 visa and wasnt sure if my answer to question 16 would be "c 9" as it is in the k1 example for i got off this website or "a 6" as i am applying for my EAD within the 90 days of my K-1 visa.... any ideas??

Thanks,

Phil

Hey guys,

My wife is only 18 and at the moment is in the asme boat as me with no job yet. I moved here from England and we got married last month. We're filing for the A.O.S and E.A.D now and have a question.

As she is only 18 she has never filed a Tax Return, yet it asks for last years on the I-864. What would she do for this question on the affidavit?

I know she has to file an affidavit and her step-dad is the co-sponser.

So would on her Affidavit have in question 1, "A - petitioner" as her answer to question 1?

Then on her step-dads affidavit he would aswer question 1, "D - only joint sponser"?

OR would they answer it with "E - Two joint sponsers"? With her being the

So on her affidavit she would put down no income and for question 24 put down her step-dads income?

Any help would be amazing!!

Phil

Hey guys,

My wife is only 18 and at the moment is in the asme boat as me with no job yet. I moved here from England and we got married last month. We're filing for the A.O.S and E.A.D now and have a question.

As she is only 18 she has never filed a Tax Return, yet it asks for last years on the I-864. What would she do for this question on the affidavit?

I know she has to file an affidavit and her step-dad is the co-sponser.

So would on her Affidavit have in question 1, "A - petitioner" as her answer to question 1?

Then on her step-dads affidavit he would aswer question 1, "D - only joint sponser"?

OR would they answer it with "E - Two joint sponsers"? With her being the

So on her affidavit she would put down no income and for question 24 put down her step-dads income?

Any help would be amazing!!

Phil

Got my interview at the US embassy in London on the 12th March. Now, if I get my visa, which I should, would I need to buy travel insurance for the trip? My finace and I will be getting married in June and I'm going to fly over a few days after the interview (once i have my visa in hand)! Should I buy it for 90 days as thats how long the visa is valid?

Cheers,

Phil

One last thing! Don't forget to get photocopies of your forms and send the checklist that came with your forms. This checklist is sent to say that you have everything (like police certificates, divorce certificates etc) and you are ready for your interview. Otherwise they won't schedule you one. Plus call and arrange your medical asap too. Aparently they can be done on the same day (so I've heard from some people on VJ).

Good Luck!

Phil

They won't schedule you an interview till you send off the checklist.

When I called to schedule my medical they offered me a next day appointment.

Just get the interview date and send the checklist. If you kept copies if the packet 3 forms send them photocopies of those too. Time from me sending the checklist to interview was just over 8 weeks.

I'll call the medical people on tomorrow to arrange that. Once I have that done and the date I'll post off my packet 3 forms again together with the checklist. I'm so stupid, I should have read it better!

Thanks for your help

Phil

Did you send your checklist off, or just the forms? I think you're supposed to send both off until you hear back from them..? I'm still in the process of collecting info and filling in forms. When they say send them back immediately or process will be delayed - how long do they expect us to take? How long can it be delayed by?

How long did after you received packet 3 did you return yours, Phil?

Received my packet 3 back in Oct last year. Waited till i got my police certificate (took till dec last year to come) and had to re-order my birth certificate. So I waited till i had those before sending my packet 3 forms, not the checklist (kept that). I think the date on your NOA2 is the deadline for packet 3 to be received by the London US Embassy, but don't quote me on that. I thought I'd hear back from them telling me to organise my medical. But not heard anything. I've also just read the info that came with packet 3 and it says to schedule a medical interview as soon as you receive packet 3. So now I'm going to have to call them Monday to schedule that. I hope it doesn't take to long to schedule it!

Phil

Did you send your checklist off, or just the forms? I think you're supposed to send both off until you hear back from them..? I'm still in the process of collecting info and filling in forms. When they say send them back immediately or process will be delayed - how long do they expect us to take? How long can it be delayed by?

How long did after you received packet 3 did you return yours, Phil?

Received my packet 3 back in Oct last year. Waited till i got my police certificate (took till dec last year to come) and had to re-order my birth certificate. So I waited till i had those before sending my packet 3 forms, not the checklist (kept that). I think the date on your NOA2 is the deadline for packet 3 to be received by the London US Embassy, but don't quote me on that. I thought I'd hear back from them telling me to organise my medical. But not heard anything. I've also just read the info that came with packet 3 and it says to schedule a medical interview as soon as you receive packet 3. So now I'm going to have to call them Monday to schedule that. I hope it doesn't take to long to schedule it!

Phil

Hi Guys,

Sent my packet 3 off to London just before Christmas. Getting a bit nervous as I've not heard anything back from them.

Is there anything I should do?

Is anyone else still waiting?

Does anyone know how long this should take? I wanted to have my medical and interview within the next 6 weeks, so I could move to the US in mid-march. Think thats possible....?

Phil

Oh, forgot to add that I filled in my forms on my computer printed them and posted them. I Downloaded the example forms from VJ and used them. It was really helpful. I also attached a few additional pages to the forms where the question asked about schools I'd went to and qualifications and Employment. I just listed all my jobs and all my schools and qualifications since high school. So thats GCSE's, A-Levels and my degree.

Hope that also helps!

Phil

If i remember correctly the form DS157 is for males only...you need to send the forms back .but take the personal documents with you to the interview

Do forms have to be filled in on a computer or can i do them with hand?

Thanks!!

I'm a male, haha, and I got the DS-156, DS-156K, DS-157 and DS-230. Hope that helps.

Also I sent my packet 3 forms off to London just before Christmas and I'm still waiting to hear from them.

Anyone else still waiting to hear from the London US Embassy??

Phil

Hi,

My finace and I should be getting married in a couple months on my K1 visa (Still waiting for my medical interview date, but hay, almost there). I just wanted to get ahead and find out about the "next step/steps". Now I'm not sure what the AOS, EAD, AP forms are, the AOS is for adjusting your status i know, the EAD is for working i think and the AP i think is for going on holiday? Am i close?

So i would like to start working a month or so after we get married. Will this be possible? I'm not sure when i file which form or how long they will take. I have heard about filing the AOS and EAD together though, but is this OK? I know i need to wait till i get the EAD before i will be allowed to work, but will that take a few months or will i be unemployed for longer? Any ideas? Not exactly made of money so i need to know this so i can prepare.

Cheers,

Phil

For question 3, her step-dad would put you down since the affidavit is prepared for you. On your fiance's affidavit, she would also put you.

For question 10, her step-dad would not put you down. Her step dad did not submit the visa petition for you, your fiance did. So, on your fiance's affidavit, she would put your name down, but on her step dad's affidavit, he would list any other people he has previously submitted petitions for (if he has).

Hope that makes sense.

thanks ucla_cutie26, yeah that does make sense.

Phil

Phil_NUFC,

If your fiancee cannot provide your support then her step-dad - not her - is going to be your sponsor. Her certainly is not going to sponsor her - she is a USC and does not need a sponsor.

Don't know how he would answer Q10 - you haven't given us any information in that regard.

Yodrak

Hey Yodrak,

Question 3 - this affidavit is executed on behalf of the folowing person.

Ok so her step-dad just needs to put me as the person he is executing the affidavit on behalf of?

in the example used on VJ they use Jane Doally who is the Italian beneficiary. But her fiance is filing the affidavit and he does not have a "co-sponsor". So you can see how this could be confusing.

Question 10 - that i have submitted visa petition(s) to the bureau of citizenship and immigration sevices (CIS) on behalf of the following person(s).

So in answer to question 10 he would put me? Again in the example used on VJ Jane Doally is used.

Phil

I'm a UK beneficiary of a US petitioner. My fiance would like me to ask you guys some questions about the I-134. they are as follows:

OK, so my fiance is currently unemployed, but her step-dad is going to be the co-sponser. I've read previous posts and I'm going to get them both to file an I-134 each. But on my fiance's form will she put me down for question 3? Then will her step-dad put my fiance down for question 3?

For question 7, what would "other personal property" be?

My fiance's step-dad pays a mortgage on his house, does he put down the value of the house in question 7 for "I own real estate valued at". Also what should he put for the part below that stating "With mortgage(s) or other encumbrance(s) thereon amounting to". The amount he pays each month, or the amount left to pay on the mortgage, or something else?

Should my fiance put me for question 10 and then her step-dad put her on his form? or me as well? or something else?

Both I think will need to put "N/A ( K1 visa process for permanent residence )" for question 11.

Regards,

Phil

Hi Candace,

Yes the authority does indeed say "UKPA". But how can I find out where it was issued? I did it ages ago through the post office, so I will try and go there tomorrow and ask about it there. Seems stupid to ask where it was issued, what that has to do with anything i don't know! No-where on the passport does it say where it was issued apart from "UKPA", it probably says it on an american passport so they think it will on a UK one. Maybe they should look at one first before making these stupid forms. Sorry.... just a little bit miffed about all the information I need to get for this visa.... then again it will all be worth it to be with my fiancee!!

Phil

I'm a UK beneficiary of a US petitioner. My fiance would like me to ask you guys some questions about the I-134. they are as follows:

OK, so my fiance is currently unemployed, but her step-dad is going to be the co-sponser. I've read previous posts and I'm going to get them both to file an I-134 each. But on my fiance's form will she put me down for question 3? Then will her step-dad put my fiance down for question 3?

For question 7, what would "other personal property" be?

My fiance's step-dad pays a mortgage on his house, does he put down the value of the house in question 7 for "I own real estate valued at". Also what should he put for the part below that stating "With mortgage(s) or other encumbrance(s) thereon amounting to". The amount he pays each month, or the amount left to pay on the mortgage, or something else?

Should my fiance put me for question 10 and then her step-dad put her on his form? or me as well? or something else?

Both I think will need to put "N/A ( K1 visa process for permanent residence )" for question 11.

Regards,

Phil