innosan15ie

The instructions for form i-864a state..

"Who May Be Considered a Household Member for Purposes of Form I-864A?

Good afternoon all,

I am about ready to send off everything and complete the DS-260 for my wife. However I am feeling a bit confused regarding the i-864 / AOS part. I have spent a good amount of time reading the official instructions, forum posts her as well on other forums, blogs etc. So my question for anyone able to answer is below.

I currently do not make enough to sponsor my wife. My father and / or mother are willing to be sponsors for my wife. I currently reside with my parents, my parents file taxes jointly and my gather easily meets the income requirements on his own. It appears there are a few options available to me, however i have also seen RFE (checklists) issued for these same options in some situations. The options that i have appear to be:

Option 1: I file an i-864, my father files an 864a and includes his w-2's and recent pay-stubs to show his individual income (vs the reported income on the joint tax return) is sufficient.

Option 2: I file an i-864, my father files an i-864 as a joint sponsor, again including his w-2 and pay stubs as above.

Option 3: I file an i-864, my father files an i-864 as a joint sponsor, my mother files an i-864a thus removing the need for proving my father individual income.

Option 4: I File an i-864, my father AND mother file an i-864a also removing the need to prove individual income as they file jointly.

The issue that I see, is I have seen RFE's for people filing option 3, to redo it with option 1 or 4. I have read of RFE's for option 2 to add the other spouse due to joint taxes.

I am looking to do this correctly the first time, so any feedback would be amazing.

Thanks all

Thanks for the reply. I will call first thing Tuesday.  Hopefully it won't be overly complicated, or add too long to the process. 

By chance do you know if I have to speak to a supervisor? 

Morning,

So this morning i awoke to the welcome letter from the NVC for my wife's I-130. But to my dismay and now my panick attack..., the USCIS never updated my wife's address and country from Ireland, back to the United Kingdom. They updated my address correctly back from Ireland to the States. As my case number is now assigned to the wrong consulate, and my wife no longer resides in Ireland.. i am completely freaking out. I am in desperate need of advice, obviously it is the weekend and i cannot call the NVC. But is this going to break my application? will we have to go through the whole process again? Is there a way to update the NVC with her current address and get the case reassigned to the UK consulate? I am worried because she returned to the UK almost 4 months ago, i called the USCIS and told them to please update both my and my wife's addresses. I got a confirmation, but apparently they only updated mine so now i am completely freaking out.

Thanks to anyone who has any info on this!

Thanks for the replies! I will just add a line for my wife's photo on the cover sheet and place them in a labeled separate glasine envelope and hope for the best.

Hello all,

I recently received an RFE requesting I provide a new correctly sized passport photo of myself (The Petitioner). Which I have and am ready to send, however my question is should I also include a new properly sized passport style photo of my wife (The Beneficiary) as both the original photos submitted would be of the incorrect size (We both had them taken at the same place when in Ireland, which i didn't realize used a different standard size) Ideally i would like to send both to avoid sending mine in, then waiting for a second RFE for my wife's photo. But I am unsure if it is appropriate to submit additional evidence that is not specifically requested.

Thanks for any input!

Sure my pd is June 21st. So I hope you all get good news soon!

And yes I have copies of everything we sent and my wife has the originals.

Thanks for the response. I will try to stay calm until I know what's what.

Nope my wife is a British citizen so that limits out any translation issues. I guess I have to wait and see. I just truly hope it's not anything major. If it's further proof of cohabitation I don't have anything additional to send as I'm back in the US now. Sigh

Thats the thing I have no idea. I would hope its not relationship i mean we lived together, had joint bank account, lease agreement a bunch of stuff to the same address. Unless they want stuff from before we got married last year, which i believe i still have boarding passes for the 2 times before we were together. Unfortunately my laptop died a year ago that had all my skype logs on it so i hope i won't need that =(. Everything else was covered i went over it with my wife at least 3 times before sending it off.

I'm trying not to have a full blown panic attack, by telling myself maybe its nothing major. (which isn't working so well)

Sigh after waiting for 5 months, instead of a case complete i just got the notice for an RFE today. Kinda freaking out because I was so very thorough that I have no idea what it is. Anyone on here know how long it usually takes to receive the RFE by mail?

Just wondering if anyone has input on my above question, as it seems unclear from all my reading how my return during the process affects domicile information. Thanks!

Hello!

I filed my initial i130 petition back in June, it was filed from abroad while living with my wife. I have since returned to the US to get things sorted for when everything goes through. I am just curious as to when i send the affidavit of support i must still include a cover letter, and proof of domicile / re-domicile since I am already back in the states, working etc.

Any info would be greatly appreciated!

Oh i was under the impression that since I will have only been out of the US for about 9 months, I would be focusing on showing that i maintained domicile. Since I still have active car insurance policy, bank accounts, health insurance, cell phone contract, credit cards, drivers license etc in the US.

If indeed i have to instead focus on showing re-establishment of domicile, then yes that would change the timeframe for my return to get a job offer etc.

If anyone else could maybe shed some light on maintaining domicile vs re-establishing in my situation that would be super appreciated.

PS: I had previously lived with my parents in basement apartment, which I plan to resume when i return. Since i will not have a lease and or ownership to tie this address to all my paperwork, would a letter from my parents stating I had lived at that address and it is still my primary residence i will be returning to be helpful / needed?

Yes, we live in Ireland currently. My wife is from the UK, but moved here for her work so i moved along with her. But we have decided to make our final move to the US. I will be sending the i-130 off next week most likely. I just mainly wanted to know if I will need proof of maintaining domicile regardless of if i return to the US between the initial petition and the NVC side of things. If that is the case, then we will plan to stay here together a bit longer rather then me rushing to return to the US since I think i have plenty of proof of domicile, I still even have have an active cellphone account back in the us.

Thanks very much for the info, I think in this case I will just plan to stay here until time to send off the AOS package, at which point I will return to the US, and my wife will return to the UK. Then we will submit both the AOS and IV that will reflect both our changes of address.

Quick question on that, there is no issue with not submitting the AOS/DS-260 right away correct? I know obviously this will add some time to the process, but I would prefer to do so once we are both reestablished in our home countries.

So i have done a lot of searching but have been unable to find an answer. If between the time i file the i130 and we get notification for sending the aos package i return to the us, do i still need to provide evidence of domicile? I just wonder since the initial petition was sent from abroad will proof of domicile still be required.

By the time we get to the aos / iv stage i will have been out of the country for appx 9 months. So if required i feel i can show evidence of maintaining domicile via credit card statements, bank statements, keeping my name on car insurance, drivers license and maintaining ys health insurance. But if this isn't needed because i will already be back in the states then that would be even better, it also will help me plan my teturn date.

Anyway thanks to anyone who can help!

I will be submitting the i130 by the end of this week for my wife. We currently reside together in Ireland. She is a British national and around the end of June would be returning to the UK while I return to the U.S. To get things sorted. My question is will this be a problem when the time comes for her interview as she has changed countries from where we petitioned? Secondly when filling out the DS 260 would it be acceptable to put her UK address even though we may still be in Ireland for a few weeks after that part of the process?

It is also possible depending on how long the i130 takes this may be a non issue as we may both already be back in our respective countries.

Anyway thanks in advance, hopefully someone has had a similar situation and can shed some light on this for me.

I know it has been a while since I posted this, but I had a couple follow up questions if I may. I am planning to get this process started by the end of April so i want to make sure I have everything lined up correctly.

In regards of proof of living together etc, we have a tenancy agreement in both names. We weren't able to get both names on our utility bills because well.. we called 4 times now each time they say they added me... and yet each bill is still only in my wife's name haha. But I do have such things as my motor tax, car insurance and a letter from Irish immigration showing I have sent the proper documents and the date I would be eligible to receive my 5 year residence card. I have yet to go get my Irish Stamp 4 (Temp stamp of family of an EEA/EU). Is that something that US immigration would at all be interested in, or would our tenancy agreement, 2 bills in my wifes name, my motor tax and car insurance (all showing the same address) and some photos be enough? I am waiting on my bank of Ireland joint bank account, but everything seems to take ages and they always want more paperwork haha. I hope to at least get that sorted before submitting, as i understand a joint bank account is good for both proof of residing abroad and genuine relationship, so i hope that goes smoothly.

as far as changing the address, would it be as simple as once i return to the States to get set back up, and she returns to the UK from Ireland, just call the NVC to have them update both my and her address? It won;t be an issue that we filed from Ireland, but she is a UK citizen and will be back in her home country? This won't cause any issues as far as which consulate they would have her attend or anything?

Thanks again for any info!

Hello all,

I am currently in a pretty complicated situation, and i am looking at my options. I currently reside in Ireland on a temporary residence card, we had planned to move to my wife's home country, which is the UK. However as the immigration climate has changed here very rapidly, we no longer feel that the UK or Ireland are our best options. Which leads me to the questions i have in regards to filing for an IR / CR -1.

Question 1: Filing from abroad, but wife changing countries during the process. If i were to file the i-130 from here in Ireland, would it be possible however to have any future packets sent to her UK address? This would get the process started and give us some more time together before i return to the US.

Question 2: Evidence of relationship. We met online about 5.5 years ago, we first met in person in 2013, again in 2014 at which point i proposed, and then married in the US last October. Since that point we have been living together in Ireland, so we do have a joint rental agreement, and will shortly have a joint bank account. My question is, how much in regards to evidence from before this time will be needed? I have scattered emails over the years, but we mostly conversed on Skype, which unfortunately i lost most of my chat history during a computer crash. We hope to be able to salvage some from my wife's old laptop, but i cannot check that currently. Will this be a problem? We do have many photos from all 3 times we were together, our wedding, as well as a bunch from here in Ireland.

Question 3: Time difference between filing abroad and from the US. Is there any difference in the time frames between filing at the Chicago lock box, vs filing from within the US?

And lastly, If i were to return to the US well before my wife's interview date i assume i would have no issue in regards to domicile, since I will have been back in the country for at least 6 months before hand.

One final note, we had considered staying in Ireland during the entire process, however due to many personal reasons even though it absolutely sucks to be apart, makes far more sense.

Truly i thank you for any information, tips or comments!

So i have decided to elaborate in the hopes that someone may know or have some insight.

My situation is that my wife (uk national) and I (Us national) got married last year in the states, and moved together to Ireland. We had planned to relocate eventually back to the uk to be with her family. However due to the political and immigration turmoil going on in the eu / uk we are trying to work out our options to return to the US instead so we can settle down without all this uncertainty.

Depending on approval i could apply for a family permit to enter the uk within 3 to 5 weeks. That gives me a right to reside for 6 months, however i am not sure if that stamp would satisfy the London consulate for me to attempt DCF. Otherwise we would have to wait for my residency card which would take appx 6 to 7 months.

Depending on the estimated time frame of a cr 1 submitted from abroad we wonder if it would be quicker to submit the i 130 from Ireland and just wait it out here.

Thanks to anyone who has a thought as we just want to settle down.

I am not sure if anyone would know for sure, but is a 6 month EEA family permit stamp a valid form of residency to file with at the London Consulate?