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sedation

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  1. This is from a USCIS memorandum.

    Typical proof that a sponsor was not required to file a tax return for a particular year would consist of a written statement from the sponsor, signed under penalty of perjury, attesting to the amount of his or her income for the relevant year and to the fact that a tax return was not required by law. USCIS adjudicators handling Form I-864 issues should be aware of the income threshold for the requirement of filing a tax return for the last several years, so that an RFE for evidence of the law is not necessary. In particular, the Instruction booklets for each year’s Forms 1040, 1040A, and 1040EZ specify the income threshold below which a person is not required to file a return.

    So it sounds like your statement should say something like--

    I have not included tax returns for the years 200x and200x for the following reasons:

    -- in the tax year 200x my income was $0.00 and according to IRS guidelines I was not required to file a return .

    -- in the tax year 200x my income was $50.00 and according to IRS guidelines I was not required to file a return .

    And include a statement like

    I, Mary Jane Smith, certify under penalty of perjury under the laws of the United States that the information I have provided in this statement is true and correct.

    <Signature and date>

    Note: At this point you should be including 2008, 2007, and 2006 information.

    the line you mentioned

    "I, Mary Jane Smith, certify under penalty of perjury under the laws of the United States that the information I have provided in this statement is true and correct." does i have to sign in front of somebody or this line is enough and just my sign .

  2. i didnt file up tax return in 2007 because of zero income (didnt work) and also didnt file up taxes in 2005 because net income was just $50.00.SO,in instructions for i-864 at page 8, USCIS asking for WRITTEN EXPLANATION TO ATTACH WITH I-864 IF YOU DIDNOT WORK.

    So, please suggest me some points for that letter.(Some examples for that letter).Do i have to write seperate letter for each year.Should these letters notrarized.Any kind of help will be appreciated.

  3. my handwriting is questionable...I fill out everything on the computer and printed it out.

    what you did when the name didnt fit in the column,because i filled all the forms because the names if the employers are too long to fit in the column when i filled it online.while filling it online it comes in the column ,but once you print it out it doesnt come in that way.what you did in such situation

  4. Most use the PDF forms, fill them out on the computer, print them, and sign using a ball point pen. (Dark Blue or Blue/Black ink).

    If your hand writing is very readable, then perhaps you will be fine.

    :time:http://www.visajourney.com/timeline/profile.php?id=64789

    i tried to fill form I-130 online but when i printed it out the name of the employer for the spouse didnt come complete,because its very lengthy.so i decided to fill all the forms by hand.my handwritting is really good.So is it fine that i used just black pen instead of black ink pen.

  5. guys im confuse, i emailed our lawyer that we hired during my fiance visa case and he replied this:

    Hello Leizel,

    The sponsor may rely on income that is not subject to taxation such as a housing allowance for clergy or military personnel. So yes, moneys from the GI Bill would qualify.

    But this GI Bill is not permanent income And according to USCIS the income of the sponser should continue after sponsering the applicant.and is this GI Bill meets the poverty guidelines for 2 members.There is no harm to get a co-sponser.Its for your own benefit.Rest its your decision.

  6. Hello everyone. Can someone tell me what i need to do if i am using my bro as a joint sponsor. Im not sure how i can do this since he and his wife filed joint taxes..Will it be the same process using his taxes for the i-864?

    hi,

    what i did in this same situation was that as my uncle's individual annual income (COLUMN 23 ) was much more than poverty guidelines for 5 peoples, so he didnt use his wife income to fill his I-864,so in column 24(b)it was zero.They also filed their taxes together.But in column 25 FEDERAL INCOME TAX RETURN INFORMATION, the amount he filled was the total amount of their both as it shown on their taxreturn, in LINE 37 OF ADJUSTED GROSS INCOME.

    So if your brother is using her wife's income [in Column 24(B)] also to meet poverty guidelines then his wife needs to fill I-864A too .

    Hope this will help.

    hello again. my brother income is way passed the pov. guidelines, but they filed a joint tax return. so i guess im asking how do i seperate his income or do i just send in the joint tax return?

    its simple, send the joint tax return as per required documents and as i told you in column 23 put his individual annual income that must be on his pay stub.

    in column 24(B) put zero, because his individual annual income is above poverty guidelines for 5 family members, as you told ,so he is not using his wife's income.

    So,no need to seperate his income from tax return.

    But keep in mind that the amount in Column 25 will be the amount of their both as it shown in line 37 of ADJUSTED GROSS INCOME of tax return.

    Hello everyone. Can someone tell me what i need to do if i am using my bro as a joint sponsor. Im not sure how i can do this since he and his wife filed joint taxes..Will it be the same process using his taxes for the i-864?

    hi,

    what i did in this same situation was that as my uncle's individual annual income (COLUMN 23 ) was much more than poverty guidelines for 5 peoples, so he didnt use his wife income to fill his I-864,so in column 24(b)it was zero.They also filed their taxes together.But in column 25 FEDERAL INCOME TAX RETURN INFORMATION, the amount he filled was the total amount of their both as it shown on their taxreturn, in LINE 37 OF ADJUSTED GROSS INCOME.

    So if your brother is using her wife's income [in Column 24(B)] also to meet poverty guidelines then his wife needs to fill I-864A too .

    Hope this will help.

    hello again. my brother income is way passed the pov. guidelines, but they filed a joint tax return. so i guess im asking how do i seperate his income or do i just send in the joint tax return?

    its simple, send the joint tax return as per required documents and as i told you in column 23 put his individual annual income that must be on his pay stub.

    in column 24(B) put zero, because his individual annual income is above poverty guidelines for 5 family members, as you told ,so he is not using his wife's income.

    So,no need to seperate his income from tax return.

    But keep in mind that the amount in Column 25 will be the amount of their both as it shown in line 37 of ADJUSTED GROSS INCOME of tax return.

    zero in column 24,b.
  7. Hi, me and my husband have prepared all documents as i am applying for him and he is in US from 2007on F-1 visa.

    We have filled and attached:

    1) I-130(one form),G-325A two forms (from myself and my husband) and other required documents and one photo of each (for myself and one for my husband and $355.00 fees.

    2) I-131 form and all required documents and two photos of my husband and fees $ 305.00.

    3)I-485 form with medical exam form I-693, I -864 two forms one from myself and one from other co-sponser(my income was not enough), all other required documents , two pictures of my husband, G-325A one form( from my husband) and fees $ 930.00 + $ 80.00 (biometric fees) .

    We have PRINT OUR NAMES ON BACK OF PICTURES.My husband already sent I-765 (employment authorization form.)

    Now ,question is, are all these the forms to sponser your spouse who is living in US and for applying conditional green card (because there is still some time period for our second marriage anniversry).Can we send all these forms and documents together in seperate envelopes. or i should send I-130 seperate and he should send I-485 and I-131 seperate.

    Should we need any other form still.Any kind of help will be appreciated.Thanks.

    They should be sent together.

    There is no fee for an I-131 if submitted with the I-130 and I-485.

    thanks

  8. Hello everyone. Can someone tell me what i need to do if i am using my bro as a joint sponsor. Im not sure how i can do this since he and his wife filed joint taxes..Will it be the same process using his taxes for the i-864?

    hi,

    what i did in this same situation was that as my uncle's individual annual income (COLUMN 23 ) was much more than poverty guidelines for 5 peoples, so he didnt use his wife income to fill his I-864,so in column 24(b)it was zero.They also filed their taxes together.But in column 25 FEDERAL INCOME TAX RETURN INFORMATION, the amount he filled was the total amount of their both as it shown on their taxreturn, in LINE 37 OF ADJUSTED GROSS INCOME.

    So if your brother is using her wife's income [in Column 24(B)] also to meet poverty guidelines then his wife needs to fill I-864A too .

    Hope this will help.

  9. Hi, me and my husband have prepared all documents as i am applying for him and he is in US from 2007on F-1 visa.

    We have filled and attached:

    1) I-130(one form),G-325A two forms (from myself and my husband) and other required documents and one photo of each (for myself and one for my husband and $355.00 fees.

    2) I-131 form and all required documents and two photos of my husband and fees $ 305.00.

    3)I-485 form with medical exam form I-693, I -864 two forms one from myself and one from other co-sponser(my income was not enough), all other required documents , two pictures of my husband, G-325A one form( from my husband) and fees $ 930.00 + $ 80.00 (biometric fees) .

    We have PRINT OUR NAMES ON BACK OF PICTURES.My husband already sent I-765 (employment authorization form.)

    Now ,question is, are all these the forms to sponser your spouse who is living in US and for applying conditional green card (because there is still some time period for our second marriage anniversry).Can we send all these forms and documents together in seperate envelopes. or i should send I-130 seperate and he should send I-485 and I-131 seperate.

    Should we need any other form still.Any kind of help will be appreciated.Thanks.

  10. Hi, does anyone has any idea for form FC-029 that need to send with I-130.

    Where are you getting your information - I'm just curious? I think the FC-029 is not used anymore.

    Actually i also read from one website.Its not in uscis website.Because i also never heard about this form thats why i am asking if it still use in thsee days,because according to instructions for I-130 in uscis ,they are not asking for this form.

  11. Hi my husband and I are currently getting my AOS (adjustment of status) papers together, and it turns out that my husband didn't file for taxes the past few years. As far as I understand the form requires tax return forms for the past three years proving that he meets the minimum annual income of $18,000. Is that true and is there any way around it?

    I receive money from my father every month and that on its own (if added up) exceeds the $18,000 mark. If I can provide proof of this would that be enough for an acceptance?

    Or maybe a combination of my bank records and my husband's pay stub?

    I need help.... :help:

    1)hi,dont you have any relative or friend in US that can be your co-sponser/joint sponser.That will be a little easy for you guys.One more thing who is applying for whom.Are you applying for your husband or your husband is applying for you.

    3) Suppose for a minute ,if you use combination of your bank records and your husband's pay stubs still you need to submitt the transcript of tax return of most recent year.What will you do then.

    So,let me know first who is applying for whom?

    If your income alone is not sufficient to meet the requirementfor your household size, the intending immigrant will be ineligible for an immigrant visa or adjustment of status, unlessthe requirement can be met using any combination of thefollowing:

    What If I Cannot Meetthe Income Requirements?

    1) Income from the intending immigrant, if that income will continue from the same source after immigration, and if theintending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident.

    2) Income from any relatives or dependents living in yourhousehold or dependents listed on your most recent Federaltax return who signed a Form I-864A;

    A joint sponsor whose income and/or assets equal at least125 percent of the Poverty Guidelines. See question belowfor more information on joint sponsors.

    3) The value of your assets, the assets of any householdmember who has signed a Form I-864A, or the assets of theintending immigrant;

    4) You may use the income of your spouse and/or any other relatives living in your residence if they are willing to bejointly responsible with you for the intending immigrant(s)you are sponsoring. If you have any unrelated dependentslisted on your income tax return you may include their incomeregardless of where they reside.

    How Can My Relatives and DependentsHelp Me Meet the Income Requirements?Your household size includes yourself and the followingindividuals, no matter where they live: any spouse, anydependent children under the age of 21, any other dependentslisted on your most recent Federal income tax return, allpersons being sponsored in this affidavit of support, and anyimmigrants previously sponsored with a Form I-864 or FormI-864 EZ affidavit of support whom you are still obligated tosupport. If necessary to meet the income requirements to be asponsor, you may include additional relatives (adult children,parents, or siblings) as part of your household size as long asthey have the same principle residence as you and promise touse their income and resources in support of the intendingimmigrant(s).

  12. hello. question #21 on form i-864 for part C, do i put down 1 since i just got married and for the total in H it would be 3? this doesnt make sense since its just me and my wife and it adds up to 3..also wanted to know since my brother will be filling one out as well a joint sponsor he has a wife and 2 kids so this would be a total of 5 in H?? .please some help thanks...

    the I-864 form you are filling ,in column 21(a) put 1 because you are sponsering only your wife.In (B) put 1(your wife).Dont put 1 in ©,put 0 (zero).I am also applying for my husband and we are 4 members,me ,my husband,and 2 babies.i met one immigration person in her office and she told me to put zero in part c.so my total was four and your will be 2.you and your wife.My co-sponser was my uncle(as my income was low) and he has 3 other members ,his wife and 2 kids and he put 5 in part h.

    Rest for your brother,it will be 5.

  13. so on question #21 on the i-864 form, my brother needs to mark 5 on household size since its him, his wife and 2 siblings??

    yes, in column21 (a) enter number ( number of members whom he sponsering) ........... 01.

    (B) youself (your brother) .... 01.

    © if you are currently married .................. spouse 01.

    (d) if you have dependent children ............... 02.

    (e) if any other dependents.......... oo.

    (F)

    (g)

    (h) add all nuber above 05.

  14. hi. im in the middle of doing my aos forms for my wife. my brother will be helping me with the support part since i am unemployed and didnt file taxes for 2008...can someone tell me which form we need to use? i am filing a i-864 because i have cd's and savings i want to show since it is a good amount...i just wanted to add my bro's since i am now unemployed in these tuff times...please advise, thank you...

    First,even if you are unemployed you should file taxes.because in such cases/times you can ask IRS for letter that shows your income in particular year was zero because you didnt work.and you can attach that letter instead of tax transcript for zero income.If you dont file tax because of this reason that you didnt work and so no need to file tax then the letter that you will get from IRS will show that this person has no record of a filed form or tax return for above 000-00-000 social security number.and that is not the proof that you didnt file up the tax because you didnt work.This has already happened with me.

    Anyways if you and your brother's income together meets the poverty guidelines then you will fill I-864 and your brother will fill I-864A.If you are using only your brother's income then also you will fill I-864(even if you are not doing work) and your brother will fill I-864 seperately.

    What Is I-864A Form

    Form I-864A, Contract Between Sponsor and HouseholdMember, is an attachment to Form I-864, Affidavit of SupportUnder Section 213A of the Immigration and Nationality Act.It is an optional form, completed and signed by twoindividuals: a sponsor who is completing Form I-864, and ahousehold member who is promising to make his or herincome and/or assets available to the sponsor to help supportthe sponsored immigrant(s). The combined signing of thisform constitutes an agreement that the household member isresponsible along with the sponsor for the support of theindividual.

    Who May Be Considered a "HouseholdMember" for Purposes of This Form?

    1) A relative who has the same principal residence as the sponsor and is related to the sponsor as a spouse, adultchild, parent, or sibling;

    2) A relative or other person whom the sponsor has lawfullyclaimed as a dependent on the sponsor's most recent Federalincome tax return even if that person does not live at thesame residence as the sponsor;

    3) The intending immigrant, in certain circumstances.

    Hope it will help.

  15. Hi ,i am applying for my husband for PR card and he is living in US with me from 2007.Do we need to send I-639 (medical examination form) with all other forms(I-130,I-864 ,I-485) or can we send it later on when requested.Otherwise we are planning to send all forms tommorow .

    Yes you do and it's I-693. He will need a full medical by a USCIS designated civil surgeon.

    sorry,its formI-693.

  16. Hi All

    My hubby and I live in NY with our 2 kids. My mom is willing to be a joint sponsor and makes a lot more than the required amount. She has already filled out the 864 however now I have a concern. I dont know if I am reading this wrong but the instructions in the I864 seems to specifically say that a joint sponsor must live in the household. Maybe I am reading this wrong. My mom only lives 1 state away in CT. Could this be a problem?

    the joint sponser should be household member but if she lives seperate she can be co-sponser and for this she doesnt have to be household member and she needs to fill I-864 seperately and need to send all the required documents.(see instructions). But whoever is main applicant from you or your husband ,that person has to fill I-864 even though his/her income is zero or not meet the poverty guidelines.I am also filing for my husband who lives with me and i have not enough income i am filling I-864 and my uncle is becoming co-sponser for us and he lives seperate.I called USCIS and asked them this point.

    Dont get confuse in joint sponser or co-sponser.Simple answer is if you are only using your mother's income to meet poverty guidelines not including your income then she needs to fill I-864 seperately and you will fill I-864 seperately.(you both attach your own required documents with your own forms).

    But if the principal applicant(you)is using his/her own income and that doesnt meet the poverty guidelines and he/she include someone else(mother) income to meet poverty guidelines then that household member(mother) will fill I-864A and and principal applicant will fillI-864.

    WHAT IS I-864A FORM?

    Form I-864A, Contract Between Sponsor and HouseholdMember, is an attachment to Form I-864, Affidavit of SupportUnder Section 213A of the Immigration and Nationality Act.It is an optional form, completed and signed by twoindividuals: a sponsor who is completing Form I-864, and ahousehold member who is promising to make his or herincome and/or assets available to the sponsor to help supportthe sponsored immigrant(s). The combined signing of thisform constitutes an agreement that the household member isresponsible along with the sponsor for the support of theindividual(s) named in this form.m his/her household family member then the principal applicant fillI-864 and other member fillI-864A.(its a contract form between principal applicant and household familymember).

    Who May Be Considered a "HouseholdMember" for Purposes of This Form?

    A relative who has the same principal residence as thesponsor and is related to the sponsor as a spouse, adultchild, parent, or sibling;

    A relative or other person whom the sponsor has lawfullyclaimed as a dependent on the sponsor's most recent Federalincome tax return even if that person does not live at thesame residence as the sponsor;

    The intending immigrant, in certain circumstances can also be consider as house hold member(see instructions)

  17. A sponsor/co-sponsor must calculate their household size as at least him/herself plus the intending immigrant(s), plus any in their household (their spouse/children etc). Your children, nor you would count as being in his/her household (based on what you said).

    help meeeeeeeeeeee

    my co-sponsor is only him he does not have a kids or any obligation

    your friend needs to fill I-864 and he will count himself and the person for whom he is becoming co-sponser(means your wife).If you are applying for your kids then he will include your kids too.even if your income doesnt meet poverty guidelines you still need to fill I-864 also.But if you and your friend both showing your income together(combine) to meet poverty guidelines then you being the principal applicant needs to fill I-864 and your friend being joint sponser needs to fill I-864A that is a contract form that shows the permission from joint sponser to principal sponser to use his/her income to meet poverty guidelines.But if you are using only his income to meet poverty guidelines then he will fill I-864 seperatly and you will fill I-864 seperatly. with all required documents(tax transcripts,see instructions).Hope this will help.

    Also if your friend has any family member living with him or any friend living with him whom he is supporting finacially he has to include in family size.

  18. A sponsor/co-sponsor must calculate their household size as at least him/herself plus the intending immigrant(s), plus any in their household (their spouse/children etc). Your children, nor you would count as being in his/her household (based on what you said).

    help meeeeeeeeeeee

    my co-sponsor is only him he does not have a kids or any obligation

    your friend needs to fill I-864 and he will count himself and the person for whom he is becoming co-sponser(means your wife).If you are applying for your kids then he will include your kids too.even if your income doesnt meet poverty guidelines you still need to fill I-864 also.But if you and your friend both showing your income together(combine) to meet poverty guidelines then you being the principal applicant needs to fill I-864 and your friend being joint sponser needs to fill I-864A that is a contract form that shows the permission from joint sponser to principal sponser to use his/her income to meet poverty guidelines.But if you are using only his income to meet poverty guidelines then he will fill I-864 seperatly and you will fill I-864 seperatly. with all required documents(tax transcripts,see instructions).Hope this will help.

  19. Hi All

    My hubby and I live in NY with our 2 kids. My mom is willing to be a joint sponsor and makes a lot more than the required amount. She has already filled out the 864 however now I have a concern. I dont know if I am reading this wrong but the instructions in the I864 seems to specifically say that a joint sponsor must live in the household. Maybe I am reading this wrong. My mom only lives 1 state away in CT. Could this be a problem?

    the joint sponser should be household member but if she lives seperate she can be co-sponser and for this she doesnt have to be household member and she needs to fill I-864 seperately and need to send all the required documents.(see instructions). But whoever is main applicant from you or your husband ,that person has to fill I-864 even though his/her income is zero or not meet the poverty guidelines.I am also filing for my husband who lives with me and i have not enough income i am filling I-864 and my uncle is becoming co-sponser for us and he lives seperate.I called USCIS and asked them this point.

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