alefonck

Alefonck - your story is an unfortunate one indeed.

I am glad you have taken the advise given to you and will be going to an attorney. The attorney will guide you through and help you put together your case. There is a difference between understanding processing procedures and understanding the law. Hopefully, you will get a good attorney who will offer you both,

Stay positive and stay encouraged. Something tells me that you will go far.

I wish you all the best.

it is hard to stay positive throughout this ordeal, but I appreciate the kind words.

Good luck on the rest of your visa journey as well.

I see. So for my wife(petitioner), if her monthly salary x 12 (months) would exceed the poverty line, we would not need a joint sponsor right? If that is the case, we'll just send her IRS transcript, last year's W2 even if it's not required, 6 months of paystubs just to be sure, and letter of employment. That would be sufficient enough correct?

Regards,

Ron

That is all correct. Regarding your other question, the amount of money on the poverty guideline is the annual salary before deduction of taxes.

It is your Parents hardships not yours, you might want to start by asking them.

Begs the question what the plan was when you came here and decided to overstay? Seems a bit late to be asking questions.

Unfortunately, it wasn't my decision to overstay, but my parents. I was underage and they were wrongly advised to come before filing because they could adjust status while in the US since they were both being petitioned by a US citizen. What they failed to realize is that this was not the case for me. I did my visa petition and recently found out I would have a 10 year ban and would have to apply for a waiver.

Bad move on our part, but it is what it is and now I can only work with what I got.

Staying here illegally is not really an option for me since I want to go to college, but staying in my home country all alone really isn't optimal either. I guess all I can do now is go to a lawyer and prepare a solid waiver with my current conditions.

But isn't a waiver about the petitioner showing hardship and all that. How will a parent do that. Or is this different? Just needing to be educated.

Well, according to the law a parent can do that. I'm guessing the reasons can be about separation anxiety leading to clinically diagnosed depression, what hardships moving to another country would bring. Having to send money abroad would be a financial hardship. I don't know, there are many possibilities. Health issues. The problem is that in my case I am 20 and could technically just move and live by myself without my parents so if anyone has any suggestions on how I could prove hardship, that would be great!

Well, that would have been nice you had read about it earlier.

The point is, you are too close to risk a DIY. What else would you not know?

If I were you, I would get a lawyer to help complete the whole process. You are almost done.

You're right. For now I will get a lawyer consultation and have them talk me through it. Thanks for your input.

You don't have any experience on waivers and you feel lawyers would not be helpful. It is kind of redundant, isn't it?

I didn't have any experience on filing a visa petition either, but I learned by reading information and the instructions to file are usually pretty straightforward. This is why I am asking. I know how to file, I just wanted an opinion on the chances of me getting approved. That's all.

Thank you for your help.

Thank you so much alefonck! This is very much appreciated!

I would assume that your petitioner did not have to look for a joint sponsor right?

May I know what other proof of income you sent along with the AOS?

Regards,

Ron

Actually, my petitioner was short about $100 from the poverty line so I used a household member in order to make it. My household member had actually not even worked in 2013 and only filed his taxes for the first time in 2014 jointly with my petitioner. For the petitioner I sent last year's transcript which is also the household member's, W2's (which are not required if submitting transcript, but did it anyway) 1 paystub, letter of employment. For the household member I only sent one paystub apart from the transcript. I didn't send much and found no trouble whatsoever.

Have your Parents appointed a Lawyer?

No, they have not. I have filed all the paperwork regarding my visa to this point. Do you think one is necessary? Of course I would use all means necessary to get back to this country, but I thought the waiver could be filed by myself as well. I feel like a lawyer can't really change the facts and do much for me, but I might be wrong, I don't have a huge understanding on waivers.

Most bans can be waived.

How good is your waiver?

I am currently in the US, so I have not started processing my waiver, which to my understanding is only processed after the interview in my home country. If you mean what the basis for my waiver is, then it's just the fact that both my parents who are permanent residents are living in the US and I have no ties with my home country. I am just worried since the waiver instructions say they are only granted in extreme hardship situations, and I don't know if mine is considered ''extreme.''

I just read I-864EZ instructions in the "Who May Use Form I-864EZ". It has 3 conditions on who can use that form. I am confused with the 3rd one.

The income you are using to qualify is based entirely on your salary or pension and is shown on one or more Internal Revenue Service (IRS) Form W-2s provided by your employers or former employers.

This means she has to submit the W-2 she got last year which has an income lower than the income requirement. Won't that be an issue?

Regards,

Ron

You have to send last year's tax transcript, yes. But the poverty line issue is based solely on this year's income. I am telling you this from experience since my petitioner did not make enough money last year, only this year and got my case completed at NVC with no checklists.

What do you mean by technically?

I guess I meant technically since this can be waived but at that moment in time, I would have a 10 year ban from the US.

Thanks! With that in mind, we can file the I-184EZ right?

Regards,

Ron

Yes, sir.

Good luck with the rest of your process.

No, it cannot be approved without a waiver.

Thank you. By the way, what is your knowledge on waivers? Do you think I have high chances of having the waiver approved?

Thanks! Will it matter if she earns per diem or not? If she has made $19912+ since January this year and provide all the pay stubs for it, will that be enough evidence of income along with the IRS Tax Transcript and employment letter since the income requirement for household size of 2 is 19912$?

Regards,

Ron

Yes, that's fine as long as annually she makes more than that amount. Yes, that is enough evidence.

I am the beneficiary for unmarried children under 21 of permanent residents.

My family and I came to the US on 2012 with tourist visas when I was 17. My parents became permanent residents while we were here and my mom petitioned for me in March of 2014. I am now 20 and my case is completed and awaiting interview in my home country. I am aware I accumulated more than a year of unlawful presence, therefore I technically will have a 10 year ban the second I leave the US. I know the approval of my visa is left to the consular officer's discretion. My question is, do you think my visa will be approved regardless of my unlawful presence and if I have to process a waiver for the unlawful presence, what are my chances of it being approved under the circumstance that both my parents reside in the US?

I know this is mostly a matter of opinion, but I would like to hear your thoughts.

Yes we understand that he I184EZ is for her salary only. Her salary this year is much higher than last year.

Will her last year's W2 (which she will submit since its the one available) not be a factor since it has lower income and would not be enough to pass the income requirement?

Regards,

Ron

It only matters that she made enough money this year, and this can be proved by attaching an employment letter and pay stubs of her current income.

thanks so much for the information.

I have a question, Pd 12/31/13 should by covered by Sept 2015 Visa bulletin. For scheduling the interview, do they wait for the bulletin to be current , or do they go ahead and schedule?

Thanks

They schedule the month before, but since your case was just completed you will most likely get your appointment scheduled for October. Start calling NVC on the last week of August.

Household:

Petitioner( is widowed mother who doesn’t have income, so doesn't file tax returns, and live with US Citizen son who claims her as a dependent on his tax return).

Total Household size = 5 (petitioner mother who has to complete I-864, her USC son, USC son's wife and their 2 children).

Question is:

What should go on Part 5 , Question 7 box of I-864(OPTIONAL: If you have siblings, parents, or adult children with same principal residence who are combining their income with yours by submitting Form I-864A, enter the number here.) ? Should it be 1 or 4?

Also, are you required to file W-2's and all schedules for current year even if you attach IRS transcripts? I read somewhere that you are required to include copies of W-2's and all schedules, ONLY IF you attach copy of tax return rather than IRS transcripts.

-The number should be one since you are using the USC son.The only person who should fill out a i-864A. If the USC son's income is not enough to reach the poverty line then use some other family member and then the number would be 2.

- If you attach the IRS transcripts the you don't need w-2's

I am confused with all the people in the household, but all I can say is you don't need to fill out an i-864A for every household member, just for the ones youre using the income for like the son who makes the most money. That's it. The petitioner will fill out an i-864 because she has to even if they didn't make any money and the son will fill out an i-864A. The other ones are just used to add up the household size number which is used to determine the poverty line. I don't know if that was your initial question.

Thank you so much for your reply.

In the i-864 form, there is a part to put the tax income amount, that is for the petitioner/sponsor only, right?

And do i also need to submit copies of the irs tax transcripts of each of the household members helping to meet the income?

Also, is the irs tax transcripts enough or do we still need to give copies of the w2 forms (along with the letter of employment and pay stubs)?

And also, do they need the orginal copies of the tax transcripts or just photocopies?

Thanks thanks thanks a lot!!! Appreciate all your help

Yes, the tax income amount is for the petitioner.

If you are using their income then yes you need the tax transcript of the latest year at least.

The tax transcripts are enough.

The tax transcripts can be downloaded through the IRS website, so there really isn't an original.

i864 form, Part 6, item #12 says : "The person(s) listed in 6.a., 7.a., 8.a., or 9.a. does not need to complete Form I-864A because he/she is the intending immigrant and has no accompanying dependents." Below that it says "Name(s)" whose name(s) is it asking for? Names written on item 6.a, 7.a, 8.a...? or main sponsor ?

Also, below that in item#13 it says, "I have filed a Federal tax return for each of the three most recent tax years. I have attached the required photocopy or transcript of my Federal tax return for only the most recent tax year." Problem is that I have only filled out tax for last two years (2014, and 2013). In 2012 I didn't work so there was nothing to file for (will this be a problem?). So should I not check this box and on item#13.a and 13.b just write the tax return amount for last 2 years? and in 13.c should I write N/A or just leave it blank?

Thanks in advance.

If you did not file in 2012 then do not check that box. Yes, just write the tax return amount for the last 2 years and you can do either N/A or blank. What you need to do is include a written explanation on why you weren't required to file on 2012.

Hi,

I have some questions about completing the AOS requirement.

My husband recently lost his job that should have made him meet the poverty guidelines minimum requirement. Now, he has a new job but his income is not enough to meet the minimum requirement, so we are using his household member's incomes (parent and sisters living with him) to be able to meet the minimum requirement.

His household member's tax information (when summed up with my husband's tax info) still doesnt meet the minimum requirement because these are their old jobs and there were months when his mom and dad were unemployed, however, their current income (as stated in their letter of employment and pay stubs from their current job) meets the minimum requirement when i computed it. But i know nvc makes computation and does not just look at the total annual current income to say that it's met the requirement. I think they still put deductions and all because of tax deductions.

1. What does nvc look at to say that we've met the poverty guidelines?

2. If the tax returns contains tax info about the old jobs, will they still use it as basis for the minimum requirement, Or are they going to look at the current income to check if we're meeting the minimum requirement?

3. Their tax return form says form 1040, where do i look to get the amount that i need to put in form i-864?

4. There is a line that says "total income"

and a line that says "adjusted gross income". Which of the two should i put?

Thank you very much!!!

What they use to determine if you meet the poverty lines is your current income given by you and proven by pay stub and/or employment letter and it is the calculation before taxes. It is fine if they did not make the poverty line last year. You should use the adjusted gross income to write the amount they made in past years according to tax returns.

Please am a Nigerian with a green card and i was divorced 7 months ago and got married in Nigeria a month ago to the father of my first child, they both live in Nigeria while i live in America with my 2 other kids.My questions are these...(1)is it acceptable to get another us citizen to be a sponsor for our petition?(2)is it advisable to file a petition so soon considering its only been two months after our wedding and only 7 months after my divorce?

1. If your income is not enough to sponsor him, then yes a us citizen is perfect to be a joint sponsor.

2. I don't see a problem especially since he is the father of your first child.

Hi I'm also F2A my priority date is Sept 4,2014. I saw someone posted here and said She was also petitioned 20yrs6mos. old then she was 22 yrs old at the time she was approved and still got a visa. They hired a lawyer.

In my case I was also petitioned when I was 20 and 7 months old. Then my I-130 just got approved on 2015 May 22. (8months) Then I called NVC for my CASE# and Invoice# on 2015 July 29 they gave me both but they haven't said anything about me being aged out and will be move to F2B and take note they also ask my birthdate. Then when I check my case on NVC it's not yet eligible for further processing. So my concern is should we ask NVC if I am applicable for CSPA or should we hire a lawyer as soon as possible or just wait?

I don't think a lawyer is necessary but you should definitely call NVC to have them process your case for CSPA or to ask if you are eligible at all.

I see. Thanks. But my husband's mom was unemployed before so it's showing only little in her tax forms.

1. If we already have the pay stubs, what will i put in the current annual income?

2. How should i compute the current annual income using the pay stubs?

Also,

Hi, i have a question about sponsoring in the AOS.

1. If you are the petitioner, are u automatically the sponsor?

2. If you are going to use your mom's income to help u meet the income requirement, is ur mom considered a joint sponsor or no? I know that the mom has to fill out form i-864a or is it a separate i-864? (the mom lives in the same address as the petitioner)

In order to calculate an estimation of the current annual income, just multiply the hourly rate by 1920 (hours worked in a year if he works 8 hour shifts.) If your husband earns a monthly salary, then multiply that by 12.

AOS

1. Yes, you are automatically the sponsor.

2. If your mom lives with you then she is considered a household member and only has to fill out the i-864A.