canada2usa87

The wife definitely doesn't have any issue signing the 864a and has already done so. It was just scrutinizing the instructions and wondering if a 864a for a spouse that makes no income will be considering "wrong" since it goes against the intent of the 864a. From the instruction manual: If you both were in my position and doing AOS, what would you do? Still send the 864a?

There seems to be confusion on this. Maybe it’s an NVC (consular) vs AOS thing but here is the background: We are doing AOS. Joint sponsor makes well above the guidelines, his spouse makes zero (SAHM) and they are married filing jointly. He has his IRS Tax Return Transcripts for 3 most recent tax years 2024, 2023, 2022) printed out and ready to go along with his W2s. The problem: - Some posts say that even if his spouse makes 0, she still needs to fill out a 864a or else we'll get an RFE. - Others say this approach of zero income spouse doing a 864a will result in an RFE because 864a is to show household member income (YouTube kseniya international videos) and just send joint sponsors w2s and leave out the zero income spouse. (timestamped link where they call this out - https://youtu.be/sAnFFwed8RA?list=PLzAJM53dlk2mTYIz2noSjQbVdgXe2PxJJ&t=1204) Please help as I’m going nuts trying to reconcile this and send out our form. I have evidence and print outs if both approaches but don’t know if I should send the 864a. @pushbrk is there a difference in how USCIS vs the NVC deals with these types of situations? Or am interpreting the information wrong?

Hi all, I'm looking over Part 1, Question 18 and it says "Date you first resided at this address" - if the applicant (my husband) entered the US on Jan 5 with me and we were on vacation for 2 weeks and then started living at my family's house at the end of the month, is our current physical address date Jan 18 (when we came back from vacation)? I want to say it's Jan 18, but then what about the gap of two weeks from when he left his old address to us deciding to reside at my family's home?

This makes a lot of sense. We are now getting her to do the 864A, thank you for the input! In that case, we will just send the IRS Tax return transcripts.

What if we don't want to get his wife involved and do a 864a - in that case, the tax transcripts need something else, correct? Would the w2 suffice or would it be w2 + 1040? Also, can we just send it for one year (2024) but obviously report the total income for 2023 and 2022 (just not send the supporting docs since its supposedly optional?)

Hi all, My joint sponsor does MFJ and his wife earns 0 for the past 3 years. His income alone is well above the guidelines but I know that submitting just an IRS Tax Return Transcript isn't enough because of MFJ, correct? What I'm confused about two things: Do we submit either.. IRS Tax Return Transcript for 2024 and just W2? IRS Tax Transcript for 2024, W2, and 1040? Also he will submit current payslips for past 6 months, letter from employer and all the things needed for 2024 (tax transcripts, w2s etc) but does he need to submit that for 2023 or 2022 or can he leave it? I feel like it'll be 2022/2023 might be overkill but I will send it if it's best.

Thank you so much!

I'm looking at the current form I-693 on the USCIS website and on the upper right hand side it says expiration 03/31/2025 and on the bottom right it says Edition 03/09/23. Our medical appointment is soon, will I be able to take the current form on the website or are there any issues? https://www.uscis.gov/i-693

Since this isnt explicitly asked in the I-485, should we include it via cover letter after the Receipt of Approval for the I-130 when we create our package?

We have an approved I-130 that was sent to NVC but hadn't paid fees etc. We are switching from consular to AOS and sending in an I-485 and all the required evidence that the form requires. However, should we send in our written up lease with my family here/joint US bank account info/etc or is a bona fide marriage already established through the approved 130?

Super helpful, thank you!!

Thank you both for your replies! I'm confident on the household size question now. @pushbrk in Part 6 "Sponsor Employment and Income" can you confirm if foreign income counts as income for part 6, question 7 "My current individual annual income"? And if so, to prevent an RFE, what proof should I provide? I make about 115k Canadian (converted, it would be about 80k USD). Another question I have that is more general - if I file my minimum 2024 tax transcript AND my joint sponsor fills out everything correctly, has 6 months of payslips, and 3 years of tax transcripts etc - even if I have an error in my optional submissions (such as foreign payslips not counting), will I get an RFE/denial?

Hi all, We (dual Canadian/USC + Canadian husband for 15 yrs) are about to submit an Adjust of Status application by next month before his B2 visa expires and he goes into an overstay. For some context, I have and continue to earn in CAD through contracting at the moment since I work a fully remote job. I made approx 115k CAD / 80k USD a year for the past year and only 30k USD for the past 2 years so my brother has agreed to be our joint sponsor and makes well above the guidelines. We are also living with him at the moment so my joint sponsors address is the same as ours. He obviously doesn't claim us on his taxes etc, we are just living in the in-laws suite at his house. I would most appreciate the answer to these two questions: It says: You must show that your household income is equal to or higher than 125% of the U.S. poverty level for your household size. (Your household size includes you, your dependents, any relatives living with you, and the immigrants you are sponsoring.) His own household is him + his wife and two kids and I assumed the immigrant he is sponsoring (my husband) would make it a total of 5. But do we include myself and my three kids (all USC as well, so no need to sponsor them)? So for my brothers I-864, he would put "5" or "9"? Also, when I fill out my own form, for Part 6, question 7 (My current individual annual income is) do I put my foreign CAD salary converted to approx USD or does only US based salary count? Similarly, for Part 6, question 16.a (Most Recent Tax Year 2024, Total Income) I had $80,000 on line 9 but I thought because I had the Foreign Tax Credit applied, this would be 0. Also I recently did the streamlining procedure to be tax compliant so only my 2024 will be e-filed and my 2023/2022/2021 taxes will have to be mailed via post and I dont know how long it'll take for the IRS to acknowledge them. In that case, since it's not required, do I still put total income for 2023 an 2022 on Part 6, question 16.b and 16.c or just leave it? I know I don't qualify to be a sponsor, so I don't know how thorough I need to make my own submission/evidence. Thank you sincerely in advance!