aus/usa2013

I have had a B1/B2 visa which I used to travel to the US twice last year (May 2014 and Sept 2014) - that visa however has now expired (was valid for one year only)

As far as I know it was allowed but as always at the discretion of the immigration official. We brought proof of return flights, letter from employer stating we were employed and proof of tenancy in oz. it was the same when we travelled to the usa while our documents were at process at nvc. we stayed in usa for 4 weeks for our wedding and then again for 6 weeks over the past holidays. i think the more evidence you have of return the better but I wouldn't be too worried about it (this coming from someone who was very worried at the time but it all worked out fine).

Hey Peter

I have had a similar experience (minus the overstay in usa). We were living in Australia under a defacto partner visa when we travelled to the usa to be married. My Aussie citizen husband traveled on the B1/B2. We did not mention the LAX immigration that we were being married rather we were visiting family. We have applied for the IR-1 from australia and so far it has been a 16 month long process and am hoping to get notification of interview date any day now (meaning about 18 month process all up).

Hope this helps.

Thanks,

Shannon

Correct.

They just have their income on their I-864 and you have yours (or lack there of) on yours.

ha! truth. thanks again.

No. Even when you get there your household will not include your parents. A household count is not people living in a house but rather based on taxes and dependent children.

No you shouldn't include your parents on part 5 at all. Your household count is the immigrant, you, (then put 0 for spouse because you already counted the spouse as the immigrant) then your two children. = 4

Your parents count them, and the immigrant but not your children or you. So their household count = 3.

Yes you can include their biopage of their passports with a letter stating they are US citizens and not immigrating. BUt honestly I think once you get the household counts right you'll be fine without that.

Just going over the paperwork one final time before I send. Since I am not including my joint sponsors/parents on part 5 does that mean I also do not include their income on part 6?

No. Even when you get there your household will not include your parents. A household count is not people living in a house but rather based on taxes and dependent children.

No you shouldn't include your parents on part 5 at all. Your household count is the immigrant, you, (then put 0 for spouse because you already counted the spouse as the immigrant) then your two children. = 4

Your parents count them, and the immigrant but not your children or you. So their household count = 3.

Yes you can include their biopage of their passports with a letter stating they are US citizens and not immigrating. BUt honestly I think once you get the household counts right you'll be fine without that.

Wonderful. Thanks so much for your help. I was racking my brain trying to figure out the language on this.

I will also include a bank statement and voter registration. The children aren't old enough for school. I may have a job offer as well to include. Hopefully that is enough.

Thanks again for your help (I believe you helped me on another thread as well). I really appreciate it.

No, they're moving not immigrating

You cannot combine income with someone you are not living with. Are you currently living in the USA? Are you related to the joint sponsor?

The NVC may not say it is wrong, but it really is and the CO may request you to correct this.

The correct way is:

Petitioner = I-864

Joint sponsor = I864

Joint sponsor spouse (if income is made and they file jointly and they don't want to distinguish individiual income) = I864a

Ok great. So I will provide a copy of their us born abroad certs and bio page of their passports and that should suffice for the kids?

Thats correct, i filled out an I864, our joint sponsor filled out an I864 and the joint sponsor spouse filled out an I864a. they are my parents. So i shouldn't include them under the optional Part 5. #7? That would make my household total 4 correct? I thought it was the household total when you get there.

Okay you shouldn't be combining income with anyone. If you have a joint sponsor the joint sponsor should have an I-864 and their spouse an I-864a. Pretty much the only time you combine income with someone is if they're your spouse or your claim them as a dependent on your taxes. Your total household count should be 4. theirs should be their household size (tax wise) plus the immigrant. Plus it sounds like you don't' live with them currently and you MUST be living and related to them to combine income.

Thanks for your reply. They didn't question this as wrong so I may leave it as its basically asking to count anyone who is lodging an I864(a) which our joint sponsor and partner did.

I suppose my real question is if our children are US citizens do they need to be listed as family members of the principal immigrants in section 3?

Hi All

I have just received a request for more info from the NVC . I have a couple questions if anyone is willing to help me with the following.

I originally listed my partner as the only immigrant. We have two dependent children but have not listed them in part 3 as they are dual citizens. Is this correct?

[x] In Part 3, Information on the Immigrant(s) You are sponsoring, please correct the following...

In part five I have listed 1 for the person I am sponsoring, 1 for myself, 2 for our dependent children and 2 for people in our principal residence who are combing their income (our joint sponsor and wife). Is this correct?

The other section they need more info on is:

x] You must submit the following financial evidence:

thanks all! would like to let you know that even without the interview date we were granted a medical.

Hi,

in our case, we went ahead and did my husbands medical exam while we were waiting for our documents to be reviewed. The medical exam results are good from 6-12 months (depends on the country).

Best of luck!

Thanks so much for your reply! Will go ahead and book it to be within that 6 months from the intending move date. But gosh this process is taking forever!

Hi all

We are currently awaiting NVC to process our last packet of paperwork including Financial Documents and Supporting Documents (NVC received it March 30). Should I make the medical appt for a few weeks from now in Sydney? I have read on this site that there tends to be a wait getting appointments for medicals or should I wait until I hear from the NVC?

Thanks in advance!

You didn't need to file your taxes if you made under the threshold to file.

If you choose you can sent the entire tax return OR you can submit a letter from you stating why you were not required to file along with the evidence from the IRS supporting that.

Unless your husband's income will continue after moving there is zero need for him to file an I-864a. Also unless your assets or bank statements actually cover the difference, don't bother with them. If they're from your main residence, don't bother.

You - I864

Joint sponsor - I-864

joint sponsor spouse - I-864a (if they file their taxes jointly or need to combine their income.)

cover letter

tax transcripts or returns (beware as the NVC is picky about getting the W2 or equivalent with the tax return.)

proof of assets if they cover the poverty guidelines

joint sponsor's proof of citizenship

joint sponsors tax transcripts

Thanks so much for your reply. Quick question about I-864. Do I omit my husbands current income or list it under Part 6? I understand I will not be filing an I-864a for him. He will not be in this job when we move stateside.

Thanks in advance.

Hi all

I am a USC with a foreign spouse. Currently our case is at NVC awaiting supporting documentation. We have everything ready to go except for the Affidavit of Support. I am a stay at home mom and have not had an income for a couple years. I filed my taxes up until 2012 but knowing this process was happening only filed my 2013 (& 2014) recently as I have had $0 income and no W2's. They prove to be taking a very long time to process and I would like to complete this next stage quickly. Do you think it would be ok to use a copy of my 2013 return as well as prior transcripts along with my Affidavit? I will explain this in the cover letter. Even though we have enough assets to cover the poverty threshold my parents have agreed to be joint sponsors as we do not have employment lined up yet. Since my husband has an income I need to report it and would do so on the I864A?

To clarify the paperwork that would need to be completed:

For me

I864

For husband

I864A

Joint Sponsor

I864

Other household member

I864A

Supporting documentation:

Cover letter with explanation

2013 copy of tax return

2010 & 2011 tax transcripts

Copy of bank statements

Copy of statement of assets

Joint sponsors Birth Certificate

Joint sponsors tax transcript

Other household member tax transcript

Any advice on this matter would be greatly appreciated.

Thanks

Hi All

This may be a common question but I haven't see any threads as of late....Will it be ok for me (USC) and my husband (Aus Cit) to travel to USA together over the holidays while our IR-1 app is currently at NVC? I received a vague email from the consulate and just wanted to see if there were any people out there with this experience. We will be coming back to wrap things up here in Australia before our final approval.

Thanks

Hi all

I have some similar questions to Kay&Jeff as it seems we are taking on the same process at the moment.