kvetchingeditor

THANKS ALL!

In part 6 item 13.a will be the line 22 of 1040. If this income comes under joint taxable income of your parents then there is a need of I-864a. Whomsoever makes majority of income must be filled in 13.a (part6) of I-864. IN PART 5 when they ask individual annual income there you can mention individual income. Whomsoever making majority of income among your parents should fill I 864 followed by I 864a. Also NVC will need proof of their income, employment w2s

So, for example, if he makes $40,000/year and she makes $25,000/year, I should include their combined income ($65,000/year) on the i-864 and then on the i-864a just my mother's $25,000/year.

OR

I should put my dad's $40,000/year on the i-864 and my mom's $25,000/year on the i-864a.

Thanks!

what is the 125% rule?

The Sponsor has to execute a legally binding affidavit of support for the Beneficiary, in which the Sponsor guarantees to maintain the standard of living of the intending immigrant at a level not lower than 125% of the national poverty level.

Hello all!

My parents are filing as joint sponsors for the i-864. My mother filled out the i-864 with her income only and then put my dad's income on the i-864a. However, they have filed all their taxes jointly.

Shouldn't their total income be on the i-864? Otherwise, my mom's income alone isn't enough to meet the 125% rule.

Thanks!

Quick question that I can't seem clearly addressed elsewhere:

We are going to file an i-824 to have his case moved to the UK. My questions:

1. Since the i-485 is abandoned, the thing we're "transferring" is just his approved i-130, right? So I use those receipt numbers/approval codes?
2. Is there anything else I file to withdraw the i-485?
3. I should choose option "D" On the form, yes? But then how does it get to the UK?

Thanks in advance, and let me know if I should post this elsewhere, too.

It sounds like you are describing DCF where your I-130 was approved by USCIS office in London. So maybe he just continues the DCF process on London. Did you get notification the Immigrant Visa Unit had received the approved petition and they were ready for him to submit the visa application and have the medical. It only takes 2 or so months. You may have a file already in London waiting on him to do his part.

Yeah. We filed while living in Israel. So we got the i-130 approval while living in Israel, moved to the US, got notice it was at the NVC, filed the i-485, it got switched to USCIS.

Boiler, you appear to be very jaded

Wow. So I really am screwed. There's no way he can come to the U.S. and see us?

I'm making $2,000/month and without him around to watch the baby I A) can't afford childcare and B) can't get a full-time job. So I'm royally screwed unless I pick up and move out of the U.S.

We already filed the i-864 + i-864 joint sponsor with our i-485/i-765/i-131. It's sitting at the Lee's Summit processing center as we speak.

Does that i-864 get canceled or something?

Absolutely no one -- lawyers or USCIS -- have mentioned that this is the issue.

So my only option is the i-824 transferring his USCIS case back to NVC and waiting 8-12 months to see my husband?

We got his i-130 while living abroad and were going to do consular processing, but the illness in my family created a pressing need to get to the U.S. ASAP. As a result, he entered on VWP with his British passport. With all of our visits to USCIS and paperwork filing, we haven't run into a problem.

From a legal site: "Generally, when a person enters the United States on Visa Waiver Program, he or she is expressing intent to leave within 90 days. For that reason, a Visa Waiver entrant would not be able to file for adjustment of status, even within the permitted 90 days of stay. There is an exception for filing as an immediate relative, such as spouse, of a U.S. citizen."

But this isn't a Work, Student, Tourist-based AOS Forum issue.

Why did it get moved? It's my spouse.

I am a U.S. citizen who returned to America after living abroad for a few years in Israel with my son (also a U.S. citizen) and my husband, who is a citizen of Israel and the UK. We returned to the U.S. because my father, who has suffered quadruple bypass, diabetes, and lymphoma, began having mysterious seizures earlier this year. I came to the U.S. to help him get well, find a plan of treatment, and get a proper diagnosis.

Because we were planning on being in the U.S. for several years, we began the process of getting a green card in April 2014. My husband’s i-130 was approved quickly, and when we moved to the U.S. at the end of April, we put his i-485/i-765/i-131 in motion.

In the meantime, I have been working full-time while my husband takes care of our 9-month-old son Asher at home. He is, ultimately, our son's primary care giver.

On Monday, September 29, 2014, I lost my primary job. On the same day, my husband found out that his grandmother back in the UK was sick and likely would die within the week.

We immediately called USCIS to find a solution so he could legally travel to the UK, as he is the family rabbi. We were told by the USCIS agent that the only option was to file an expedite on his i-131 travel document and hope for the best. She said we should hear back within 5 days. I went ahead and made an appointment to go into the local USCIS office on Thursday, October 2, just in case there was more they could do. It was the earliest available appointment.

On Wednesday, October 1, we got word that my husband’s grandmother had died. The funeral was slated for Friday, October 3, just before Yom Kippur.

We immediately called USCIS to check on the status of the expedite and find out if there was anything else we could do. Again, we were told that the only option was to wait. We explained that in the Jewish religion, burial happens quickly, and waiting was not an option. The USCIS agent told us, again, we had to wait.

Unfortunately, that was not an option. We had to immediately book a ticket and I drove my husband to the airport where he took a redeye to Washington DC. He left the U.S. for England at 9:15 a.m. on Thursday, October 2, 2014.

Around the same time, I went in for our appointment at USCIS. They told me that there was absolutely nothing that could be done.

In fact, they said, I should have come into the office on Wednesday to get an advanced parole document from the office. I expressed shock that this was an option, as the USCIS agent had told us on Monday, and again on Wednesday, that our only option was to wait on the paperwork.

The USCIS agent in the local Denver office added, however, “I mean, we were closed yesterday (Wednesday), but I bet if you had banged on the door someone might have helped you.”

Basically, we were set up to fail. The fact that my husband and I are Jewish and burial rites happen very quickly in our faith meant that we could either let his grandmother z”l be buried without the family rabbi or we could be met with the present situation where my husband is unable to return to the U.S. without fear of being A) removed and B) his immigration paperwork being canceled.

Two lawyers I have spoken with have told me that the best case scenario is for him to stay in the UK for 8-12 months while USCIS transfers his immigration case to the London consulate.

Of course, this would mean that

• I can’t look for work because the primary care giver is no longer in this country.

• I am unable to see my husband for a year or more.

• My son will be unable to see his father for up to a year, causing my husband to miss major milestones and for a child to be without a father figure.

I cannot live without my husband for a year, and I cannot raise our child alone. I do not want to be forced to move to the UK or back to Israel because of a failure of USCIS to provide us with the correct information. I want my husband's paperwork to be finalized, for him to be able to return to us immediately, and for us to continue living our lives.

What do you suggest? Please help us!