Mint518

Two things.

1) If NO Joint sponsor, assets NOT being used due to low income, and sponsoring only ONE immigrant, you can use I-864EZ

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

2) Look at the example I-864 in the example forms. http://www.visajourney.com/examples/INS-Form-I-864.pdf

Check first box, and check "Yes"

ALL right..I already used I-864.I didn't know about the other shorter version,but I checked like in the example for..both boxes(the first one and then "yes")I was confused when I've seen the comment..."applicable only for joint sponsor)and I am still confused..they should check no?

Thank you for all the answers!

The "Yes" "NO" have to do with a joint sponsor, I had to look at the example form and in the case of a solo sponsor neither box is checked, just leave YES and NO un-checked.

very wierd...caz the example seems to me made for the same case as mine:just a sponsor..and they checked "yes"

So anybody has an exact answer for my q or i Better fill out I-864 EZ?..Not sure about this one.When I called USCIS they didn;t mention it.Are u sure is it oke?

Thanks

As YuAndDan saids, your husband seems to be qualified to use I-864 EZ if he does not use his assets or joint sponsor or househould member's income to satisfy poverty line (I think he can still use I-864 instead, if he wish; probably it is analogous to tax forms where it is ok to use Form 1040 even if eligible to use Form 1040EZ which is much simpler and easier than Form 1040).

Regarding your question on Part 3 Q8, my guess is "No (applicable only in cases with two joint sponsors)" in Part 3 Q8 will be checked in a situation where USC file I-485 for more than 2 immigrants, i.e., foreign spouse (principal immigrant) and his/her child (family menber of principal immigrant), AND he/she needs two joint sponsors A and B, as neitehr A nor B's income alone exceeds poverty line for 3 household or they just do not want to be responsible for 2 immigrants. So, while first joint sponsor A will sponsor UCS and his/her spouse (thus check "yes" in Part 3 Q8), second joint sponsor B will sponsor family member of principal immigrant only. [such arrangement is allowed according to the instruction for I-864, which says "If the first joint sponsor completes Form I-864 for some rather than all the family members, a second qualifying joint sponsor will be required to sponsor the remaining family members."]

And under such situation, joint sponsor B can check "No" to Part 3 Q8 as well as Q9 and should complete box under Q9.

I got my biometrics app letter today! wahoo! I already updated the google excel document. this is a very cool document, i can see me and JillA are basically on the same track, with the same dates on almost everything.

I thought the same way. The google excel sheet is very helpful. I could not wait to come back home and check mail box after I read the postings of JillA and wackodacko today about their receipt of bio app letter.

And yes, I found my biometrics app letter in our mailbox today.

Hi,

I originally came to the US on an H1B visa, and married last year and began AOS. My H1B visa is still valid until April 09, but I have been approved for my EAD. Up til now I understood that I could come and go on my H1B and visit home with no problem.

Because I now have EAD does this in any way cancel out the H1B? I'm just curious as I didn't file for AP at the same time as AOS (wasn't eligible) and I don't want to be stuck here or vice versa try to go home and come back and screw everything up.

cheers

The EAD is not a visa (not good for travel) so I'd hang on to the H1B.

So the H1B is still valid and I could come and go on that? It doesn't get cancelled or superseded by the EAD?

I think so. My understanding is UNLESS your H1B becomes invalid (laid off from the current employer or expiration day arrives) or you chose to use EAD (have 2nd job or change employer w/o transfering H1B), H1B continues to be valid and can be used for international travel without obtaining AP. (I have not confirmed with an immigration attorney, so please correct me if my understanding is not correct).

I am also adjusting from H1B (effective until the end of this September) and have not applied for AP. But I would probably apply for AP at the end of June (3 months before the expiration of H1B) if my interview will not be scheduled by then as approval of AP seems to take 3 months and I do not want to be stuck in the US during family emergency, etc.

This G-325A form is ridiculous. Almost every box is too small to fit any information in. Even simple boxes that ask you to write a year - writing in "2008" appears to be too long and when you print it out it puts a big "+" symbol over the box making everything unreadable.

So far I have these symbols on the following boxes:

- Date, City and Country of Birth (If known)

- Applicant's residence last five years: City + Year From + Year To

- Applicant's employment last five years: Year From + Year To

Did the DHS even bother to fill this form in and test its usefulness before making it available to the public? As if this process isn't difficult enough already.

Any suggestions or help on this? Did anyone experience this at all? Adobe doesn't let you shrink the text size!!

Thanks

I have 2 computers, and I notied USCIS forms work fine with the computer whose operating system is XP, but one with Vista (64 bit) has same problem with you. I tried with the PC I use at my office (XP operated machine) and confirmed it is fine. So, my recommendation is to try the different computer (at work or friend's) if yours is a visa operated machine.

In addition, even with XP computers, some spaces were too small. So, when printing the forms, I left those portions where my answers did not fit in and filled out with my hand writing.

By the way, no one appeared to answer the earlier question about the significance of the "MSC" prefix on the NOA1 letters. Is this a (bad) sign that the applications won't be transferred to CSC, which if they were would probably mean no interview?

Umm...no, to all of your questions. The MSC prefix doesn't seem to have any significance...it just seems to be the three numbers assigned to AOS/EAD/AP cases. All of my husband's are MSC numbers and his AOS was transferred to CSC.

Mine are also MSC numbers, and it seems all AOS cases will get MSC numbers - please check the below thread.

http://www.visajourney.com/forums/index.php?showtopic=157355

Hello guys, when we filed my AOS application, my wife's income for 2006 and 2007 were not sufficient to meet the poverty line. However, when we filed our application, we wrote her estimated annual income for 2008 in form I-845, affidavit of support. We included everything to prove that her 2008 income will be sufficed. We just got our interview letter dated on Feb 11, 2009 to appear for our initial interview. Do you think USCIS will send us an RFE regarding this even we got our interview letter already? I was also wondering if we can file our 2008 income tax return before our interview date so that just incase the interviewer will ask for the affidavit of support, atleast we have something in hand to provide? Do you think we can make it? Is it possible that we can request for early W-2s from her employers instead of waiting until the end of January? I'm already working on our 2008 tax return and the only lacking of documents are the W-2s from my wife's employers. I did our 2008 taxes and ready to file. You may wonder how I did this without having an actual W-2s at hand. Anyways, I added all my wife's income based on her last pay stubs...whatever income she has made for the whole year will show up in her last pay stub. What if, snce I'm done working on our 2008 income tax return and we can't make it until our interview date...is there a chance the interviewer will consider if we'll show my wife' W-2s for 2008 and paper income tax return without filing an actual return to IRS? Any inputs will be appreciated.

USCIS doesn't x check with IRS. They won't know if you mailed it or not. If you can mail it before your interview all the better. If not take it all with you. That will work fine also.

Since filing of tax return will not be due until April 15, I doubt you will receive REF for your 2008 tax return (but I may be wrong). In any event, I think bringing the copy of 2008 tax return and supporting documents (W-2s and 1099, etc) would help. Since IRS requires employers to get workers their W-2 by the end of each January (it may take a few more days if W-2 is sent by mail), I think it is possible to file the return by February 11. So, if I were you, I will make every efforts to file the tax return by the interview date, and file it via USPS with delivery conformation and return receipt (you might not receive by interview date though), so that you can show you actually filed the return, if requested.

Also, I think you should definitely bring paystubs for last 3 months or so as they will prove the aggregate 2008 income as well as her employment as of the interview date.

You do not need to worry about your F-1 Visa being expired as you have valid I-20 assuming there was no interuption of I-20. I belive, as F-1 visa holder, you should have stamped D/S (duration of status) on your passport and I-94, which means you will not be out of status as long as you keep valid I-20 (i.e, expiration of F-1 visa does not affect your legal status in the US).

FYI - folloing is a quote from http://www.travel.state.gov/visa/temp/info/info_1298.html in support of the above.

• The Expiration Date for the visa should not be confused with the authorized length of your stay in the U.S., given to you by the U.S. immigration inspector at port-of-entry, on the Arrival-Departure Record, Form I-94, or I-94W for the Visa Waiver Program. The visa expiration date has nothing to do with the authorized length of your stay in the U.S. for any given visit.

• ... If you have "duration of status" or “D/S” on your Form I-94, you may remain in the U.S. as long as you continue your course of studies or remain in your exchange program or qualifying employment.

I am new to this so I'm going to explain my situation:

- I met my husband online back in 2001.

- Dating ever since then, visiting back and forth from London to Los Angeles.

- Came to California July 2005 on a F-1 Visa, to study.

- Got married in Las Vegas, basically 2 weeks after I arrived. This was not planned, just spur of the moment and no intent to get married in the first place.

- Going to graduate in June 2009, which means I'll have to go home , which i really dont want to to!

- Expired F-1 Visa, but still have valid I-20 and going to college.

I was wondering if the fact that I got married back in 2005 will affect the decision of the government to grant me AOS, because i got married so soon and we have not decided to file for AOS until 6 months before I'm supposed to go back to London?

What has everyones experiences been?

What options do I have?

What advice do you have for me?

I'm really worried about this, please help me, any information will be much appreciated.

THANK YOU!

This is just an opinon but I do not think the fact that you married 2 weeks after you arrived in the US affects the AOS adjudications in your case. If you filed AOS right after the marriage it looks very suspicious, but I think it is good that you waited until you really need to adjusted the status and you are still in school (i.e., it will support your argument that you did not have an intention to get married in the first place).

Also I think the fact that you have not decided to file for AOS until 6 months before you are supposed to go back to London does not hurt your case. I got my H1B after I married with USC husband hoping to going back to Japan within 1-2 years (and I did not want to have GC back then), but we have just filed AOS last month for several reasons. So, situation will change over the years.

In the General Tips on Assembling Applications for Mailing (http://www.visajourney.com/forums/index.php?autocom=custom&page=assembly) it is noted that "12. If you believe your situation to be unique, explain it fully in an attachment to the packet, not as a cover letter." So, if YOU think it would help (or if it increase your comfort level), you may wish to include a separate sheet explaining why you got married in 2 weeks after you arrived in the US and why you did not file AOS until now (I personally don't think it is necessary though).

You do not need to worry about your F-1 Visa being expired as you have valid I-20 assuming there was no interuption of I-20. I belive, as F-1 visa holder, you should have stamped D/S (duration of status) on your passport and I-94, which means you will not be out of status as long as you keep valid I-20 (i.e, expiration of F-1 visa does not affect your legal status in the US).

At the moment I am living with my father, but when I move he will stay in his house so we will not be living together. He was my co-sponsor before. What I am not sure is if he fills out a I-864 also or the I-864 A form?

HELP IS STILL NEEDED PLEASE!!!! I filled out the I-864 on my part. My father does not live with me, but I filled out the I-864 A on his part. Is this right or wrong? Please respond to me today if possible as I am sending the packet out soon!!!! Also... Do I need to send any type of evidence with these forms?

We did not use joint sponsor, so I might be wrong, but from my quick reading of I-864 and I-864 A, it seems if your father's income alone satisfis the poverty line, he can use I-864 (needless to say, you need to file I-864 as well, also do not forget to include the proof that your father is USC or permanent resident). If his income alone is not enough but aggregate of your income and your father's income exceeds the poverty line, you can add his income information in your I-864 AND he should use I-864 A (in this case, he needs to live with you or was claimed as your dependent in your most recent tax return).

My fiance has graduated and is F-1 on OPT. OPT expires in a little more than two weeks from now. I am right to say the best solution here is to get legally married and file all paperwork before the OPT expiration date?

I belive she will have 60-day grace period after the OPT expiration (please double check with the international advisor of her school). During this grace period, she cannot work, but can stay in the US legally (i.e., she will not be out of status). So I think you do not need to rush getting married and file AOS in 2 weeks, but have another 2 months to discuss/decide/prepare tne next steps.

what do we need to do when we file our income tax return and want to claim my wifes kids ? they came last july and we havent filed aos yet so they dont have ssc

Whether you can claim exemptions for your wife's kids (i.e., your stepchildren) depends on several factors such as age of the kids and when they arrived in US.

First, they must be "qualified child" who are:

In your case, depending on the date of arrival, your stepchildren may not satisfy d.

Second, as Eric-Pris noted your stepchildren should be a U.S. citizen, U.S. national, U.S. resident alien, or a resident of Canada or Mexico. For US tax purposes, US residency is established if (i) the person has green card, or (ii) satisfis "substantial presence test" (i.e., be in the States more than (a) 31 days in 2008 AND (b) 183 days during 2006-2008, counting all the days in physical presence in 2008 but only 1/3 the number of days in 2007 and 1/6 the number of days in 2006). Assuming your stepchildren did not travel to the US in 2006, 2007 or first half of 2008, your stepchild might not satisfy this substantial presence test.

You can find the above information in the instruction in 1040 (page 17) and 1040NR (page 2).

Assuming your stepchildren are qualified children and US resident aliens, you can request ITIN at the time filing your tax return.

IRS's website, http://www.irs.gov/individuals/article/0,,...00.html#revised will guide you how and where to file your tax return with ITIN request (please note your return should not be mailed to the address listed in the Form 1040, 1040A or 1040EZ instructions according to the explanation in this IRS webpage).

Yeah, it was too late for reinstatement but there was a process by which he could apply for a new I-20 (I think). But there was a hefty fee associated with it. Then he was able to re-enroll in classes with no problem and I guess it seemed like there was no point paying all that money to get a new I-20 for one more semester of classes. Basically we just didn't understand the process (or the consequences) and figured that if he was still allowed to stay in school then everything must be okay. It wasn't until we started setting a date for the wedding that we realized that we might have a problem. I feel silly now but the fact is that we still have to figure out a solution for the problem at hand.

So now I'm wondering if we will have a problem adjusting his status (after marriage) because his i-20 is expired.

I guess we thought legal=current visa and the I-20 was just to go to school, but it sounds like the I-20 is what makes you legal and the visa is just for travel?

Yes, I-20 does matter. F-1 visa is just for entry to the U.S. and the status is governed by the date on I-94 card. When F-1 holder enters to the U.S., their passport and I-94 card will be stamped with "D/S" (duration of stay) rather than specific expiration date, so that F-1 student can legally stay in the U.S. as long as he/she keeps I-20 current.

I often heard (although I have never personally confirmed with immigaration attorney) that illegal stay/overstay will be excused when married with USC and adjust the status through such marriage, so I think your fiance could sucessfuly adjust his status despite the expiration of his I-20. But I am not sure specifically when such illegal stay will be excused (i.e., whether upon application of adjustment of status or whether upon receipt of GC). So, if I am in his shoes, I would not travel outside of the U.S. until receiving GC (even if AP is granted), as I will be afraid of not be able to re-enter the US for another 3 or 10 years (As you might know, accrual of unlawful presence for over 180 days would triger 3 year bar to re-entry into the US, and accrual over 1 year of unlawful presence would trigger the 10 year bar to re-entry into the US).

Hello Everyone!

I've been trying to find an answer to this question and decided to post.

I'm engaged to someone who is here on an F-1 student visa. For financial reasons, he took a semester off from school. Now he is back in school full time even though his I-20 has expired, and he has not applied to renew it. He will graduate this spring and his F-1 visa expires in June. We have been engaged for some time, but unfortunately didn't realize the urgency of this situation. We've decided that our best course of action may be to get married before his F-1 expires. But of course we're scrambling to find out what our options are so that we can make the best decision.

My question is this: will the expired 1-20 have an impact on anything once we get married?

Thanks so much for your help.

It is not the direct answer to your question, but I am wondering why he has not (or do not want to) applied to renew I-20. I heard people (after being out of status) sometimes ask a school to "reinstate" I-20. I do not know how it works, but I think he could at least consult with the international advisor of his school about the possibility of reinstating his I-20. If he can do that, he could probably apply for OPT which extend his I-20 after his graduation (usually 12 months after OPT starts if he can find a job, or 90 days from unemployment).

Expiration of F-1 visa in June dose not really matter as long as he has valid I-20. If he wants to travel outside of the U.S., he needs to obtain new F-1 visa, but otherwise, his stay in the US is legal if I-20 is current.

To supplement my above response, I found the following link. According to below, it seems I-20 cannot be reinstated if he has been out of status for more than 5 months.

http://www.hooyou.com/f-1/reinstatement.html

Hello Everyone!

I've been trying to find an answer to this question and decided to post.

I'm engaged to someone who is here on an F-1 student visa. For financial reasons, he took a semester off from school. Now he is back in school full time even though his I-20 has expired, and he has not applied to renew it. He will graduate this spring and his F-1 visa expires in June. We have been engaged for some time, but unfortunately didn't realize the urgency of this situation. We've decided that our best course of action may be to get married before his F-1 expires. But of course we're scrambling to find out what our options are so that we can make the best decision.

My question is this: will the expired 1-20 have an impact on anything once we get married?

Thanks so much for your help.

It is not the direct answer to your question, but I am wondering why he has not (or do not want to) applied to renew I-20. I heard people (after being out of status) sometimes ask a school to "reinstate" I-20. I do not know how it works, but I think he could at least consult with the international advisor of his school about the possibility of reinstating his I-20. If he can do that, he could probably apply for OPT which extend his I-20 after his graduation (usually 12 months after OPT starts if he can find a job, or 90 days from unemployment).

Expiration of F-1 visa in June dose not really matter as long as he has valid I-20. If he wants to travel outside of the U.S., he needs to obtain new F-1 visa, but otherwise, his stay in the US is legal if I-20 is current.

ooops i just read on one of your post that her student visa will expire this January, maybe you can ask for an extension.

well I think to get an extension on the visa, she is just going to have to go back to school for 4 weeks. So when I file everything together, do I send payment at the same time? Seperate Checks/money orders for each form?

Thanks for the help,

J

If she is already in the States, exparation date of F-1 visa does not matter. As long as she has valid I-20 issued by the school and she attends the school as a full time student, her stay is legal. (Although it is not necessary, if she wants to obtain new F-1 visa, she needs to do so at her home country.) If the one expiring in January is I-20, yes, she can ask the school she is currently attending to issue I-20 with new expiratin date.

To adjust the status, it is best if you will file I-130 and I-485 concurrently (I-765 and I-131 optional). And I think people (including me) usually send 2 separate checks, one for I-130 and one for I-485 (fees for I-765 and I-131 are included for I-485 application).

By the way, http://travel.state.gov/visa/immigrants/ty...types_2991.html you looked at relates to how to bring the spouse who resides outside of the States. That's why it says file I-130 first. Since your wife is already in the U.S., IR-1 / CR-1 is not for her.

VJ has "Adjustment of Status (Green Card) General Discussion" forum, so if you have any other questions regarding the adjustment of status, you may want to post your additional questions there.

Sorry, I found typos - corrected in red above.

ooops i just read on one of your post that her student visa will expire this January, maybe you can ask for an extension.

well I think to get an extension on the visa, she is just going to have to go back to school for 4 weeks. So when I file everything together, do I send payment at the same time? Seperate Checks/money orders for each form?

Thanks for the help,

J

If she is already in the States, exparation date of F-1 visa does not matter. As long as she has valid I-20 issued by the school and she attends the school as a full time student, her stay is legal. (Although it is not necessary, if she wants to obtain new F-1 visa, she needs to do so at her home country.) If the one expiring in January is I-20, yes, she can ask the school she is currently attending to issue I-20 with new expiratin date.

To adjust the status, it is best if you will file I-130 and I-485 concurrently (I-765 and I-130 optional). And I think people (including me) usually send 2 separate checks, one for I-130 and one for I-485 (fees for I-765 and I-130 are included for I-485 application).

By the way, http://travel.state.gov/visa/immigrants/ty...types_2991.html you looked at relates to how to bring the spouse who resides outside of the States. That's why it says file I-130 first. Since your wife is already in the U.S., IR-1 / CR-1 is not for her.

VJ has "Adjustment of Status (Green Card) General Discussion" forum, so if you have any other questions regarding the adjustment of status, you may want to post your additional questions there.

I forgot to ask...for those of you tracking case status online, were you able to access immediately or was there a wait? If there was a wait, how long until you could check online? Thanks again!

Just checked my status this morning and all my cases are online! My impatience is getting the best of me!

I had trouble checking my status online until this morning (last night I could not), but I can check it online now. Since dates for NOAs are Dec. 24, it took a week for online status-check became available.

I own my own home, which is over 500k US and paid in full so the I-864 should not even be a problem. I have not filed taxes in over 3 years tho as I have lived abroad.

Following are the excerpts from I-864 instruction....

"If you were required to file a Federal income tax return during any of the previous three tax years but did not do so,

you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support

.

If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation.

If you were not required to file a Federal incometax return under U.S. tax law for any other reason, attach awritten explanation including evidence of the exemption and how you are subject to it.

Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return.

See"Filing Requirements" in the IRS Form 1040 Filing Instructions to determine whether you were required to file."

I have another property that I can rent now that makes aprox. 1500/mo income, and my father could joint sponsor, he already agreed, his retirement income is over 7500/mo.... I'll late file the taxes, it's not that hard to enter 0 for everything.

No, I had no overseas income. That was a total loss.

If you did not have any income (US and overseas), it is not necessary to file tax return with IRS (sorry - since you noted you have an asset with a value of over $500K, I assumed you worked even overseas) All you need to do is to explain in a separate sheet (dated and signed) that you did not file tax return for the last 3 years because you did not have income, and attach it to the Form I-864.

My personal checks sent to USCIS have not cleared yet, so I checked online banking page all day today.

But I received all NOAs for my application today. NOAs are dated Dec.24 and noted USCIS received payments. So I think checks were deposited and pending for clearance at the bank.

My checks were finally cashed last night.

I own my own home, which is over 500k US and paid in full so the I-864 should not even be a problem. I have not filed taxes in over 3 years tho as I have lived abroad.

Following are the excerpts from I-864 instruction. You might want to check whether your house is a quafilied asset for purpose of poverty line test. Also, assuming you had some income in Cambodia, you may want to find accountants who have experience in "foreign earned income exclusion" and/or "foreign tax credit" as you need to file tax returns for the last 3 years.

On the second thought, I think there is no doubt that you can use your house to supplement your income, and it is a matter of supporting documents (how to prove the market value and how to prove the house can be sold within one year, if needed). --- But it would be easier to get a co-sponsor, instead.

Also, I forgot to mention that "foreign earned income exclusion" and/or "foreign tax credit" are relevant only if you paid income taxes in Cambodia. If you did not pay taxes while in Cambodia, experience/knowledge in "foreign earned income exclusion" and/or "foreign tax credit" is not be necessary in preparing your tax return.

I own my own home, which is over 500k US and paid in full so the I-864 should not even be a problem. I have not filed taxes in over 3 years tho as I have lived abroad.

Following are the excerpts from I-864 instruction. You might want to check whether your house is a quafilied asset for purpose of poverty line test. Also, assuming you had some income in Cambodia, you may want to find accountants who have experience in "foreign earned income exclusion" and/or "foreign tax credit" as you need to file tax returns for the last 3 years.

I've been checking like 5 times per day to see if our check has been cashed... still nothing.... they were probably slow last week due to the holidays.

Yeah me too! They received mine on Dec 21 Sunday. So technically theyve only had 5 working days including today, but 8 calendar days. *sigh* I'm obsessed with progress of the entire package I've mailed in, and cant wait to get online access. I havent even received my NOA letters for anything yet so I cant log in anywhere to track my case.

My personal checks sent to USCIS have not cleared yet, so I checked online banking page all day today.

But I received all NOAs for my application today. NOAs are dated Dec.24 and noted USCIS received payments. So I think checks were deposited and pending for clearance at the bank.

My Husband is a USC, he was born in the US but he moved back to nigeria with his parents when he was 5. He recently moved back to the states in 2006. Now, the I-864 wants him to attach an IRS transcript for the most recent tax year and attach w-2's for the last 3yrs but he has only filed taxes for 2006 and 2007. How can we go about doing this?

Below is the excerpt from I-864 instruction:

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it. Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return. See "Filing Requirements" in the IRS Form 1040 Filing Instructions to determine whether you were required to file.

So, the answer to your question depends on whether your husband had any worldwide income in 2005 (including Nigeria). If the reason he did not file 2005 tax return was because he did not have income, then he should attach a written explanation on that effect. If he DID have enough income, but did not file the 2005 federal tax return, he needs to file 2005 tax return before submitting I-864.

If your husband paid tax in Nigeria, his income might be eligible for "Foreign Earned Income Exclusion" (http://www.irs.gov/businesses/article/0,,id=182017,00.html). Even in such a case he needs to file the tax return to claim this exclusion.

Thanks everyone. So since we're filing in Jan 2009 do we have to wait for him file his taxes before we send out the forms?

Unless your husband was unemployed (or a student) during 2005, I would wait to file AOS until 2008 tax return is filed in Jan. 2009. It seems faster than preparing/filing 2005 return now and wait for IRS-generated tax return transcript being available.

My Husband is a USC, he was born in the US but he moved back to nigeria with his parents when he was 5. He recently moved back to the states in 2006. Now, the I-864 wants him to attach an IRS transcript for the most recent tax year and attach w-2's for the last 3yrs but he has only filed taxes for 2006 and 2007. How can we go about doing this?

Below is the excerpt from I-864 instruction:

So, the answer to your question depends on whether your husband had any worldwide income in 2005 (including Nigeria). If the reason he did not file 2005 tax return was because he did not have income, then he should attach a written explanation on that effect. If he DID have enough income, but did not file the 2005 federal tax return, he needs to file 2005 tax return before submitting I-864.

If your husband paid tax in Nigeria, his income might be eligible for "Foreign Earned Income Exclusion" (http://www.irs.gov/businesses/article/0,,id=182017,00.html). Even in such a case he needs to file the tax return to claim this exclusion.

* I have not filed for my taxes for the last 4 years. Does this need to be done before I apply? According to the IRS, I do need to file a 1099 (Independent contractor) job I did in 2005.

For tax law purpose -- absolutely YES. There is no statute of limitation for non-filing of tax return, and your tax liabilities will never magically disappear. To stay away from any future trouble, I would recommend filing tax return ASAP.

For immigration paper purpose -- I do not know. I think unless your couple uses your income to meet poverty line, USCIS might not care about your tax situation. But we never know. At the interview, there is no guarantee that they will not ask you whether you (intending immigrant) have ever worked in the U.S. (and if so, whether you paid tax), and once such question comes up, you do not want to (and should not) lie about it.

* My wife's mother will be her joint sponsor since she does not make a lot of money. Does my mother in law need anything else besides 3 years tax returns, a letter of employment and to fill out the same form my wife has to fill, I 864?

You need to provide a document (birth certificate, etc) that proves your mother in law is a citizen or a permanent resident. (see a line below question 19 of I-864)

* Has anyone here used a do it yourself Kit?

I did read most of the "Step-by-Step Guide on How to File an I-130 for a Spouse Inside the US" guide that is posted here on this board. It's well done.

However, I am a little worried about leaving important things out, and a hoping that an IN DEPTH kit will cover all the bases that an immigration lawyer would have.

We did all the paperwork by ourselves. Until we found this website, I considered buying do-it-yourself kit, but luckily I found this website which contains tons of information. In addition to browsing this site, we read the instruction for each form at least 3 times, so as long as you will carefully read the instruction and stick with this site, I do not think do-it-yourself kit from a third-party vender is necessary.