andrex

@aleful: Thanks!

Would there be any differences if I had filed the i-130 before the i-94 expired? Thanks

@aleful:

So with LPR spouse, the option would be to (i) travel to country of origin and file an I-601 waiver and (ii) LPR spouse staying in US and providing/filing a letter trying to proof "extreme hardship" due to spouse's absence? Did I get this right?

1. Does the "extreme hardship" letter gets filed with the i-601 or separately?

2. Is there anyway to find how long consular offices take in making a decision for these requests?

Thanks.

about 3 years

Hello,

According to Aug 2013 visa bulletin. F2A is "Current". http://www.travel.state.gov/visa/bulletin/bulletin_6028.html

The I-130 is still under "review". What are the options?

Background info (in case it is relevant)

- Entered US as a visitor (tourist).

- Overstayed past the visa/i-94.

- Later married an LPR.

- Filed i-130 in May 2012.

- Case is under "initial review" and have always been in the US since entering as a visitor.

If F2A is current, what does it mean for those who have an I-130 under review?

Can I apply for adjustment of status? I-485?

Must an I-130 be "approved" prior to applying for I-485?

Thanks

I will remove my spouse

1. Current income is $0

2. My Current income, per employer letter is enough.

Last follow up question:

1. Instructions of I-864:

provide either IRS transcripts or copy of personal tax records.

"If you provide a photocopy of your tax return(s), you must include a copy of each and every Form W-2 and Form 1099 that relates to your return(s). Do not include copies of these Forms if you provide an IRS transcript of your return(s) rather than a photocopy."

2. Checklist of I-864:

For ALL sponsors:

"A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statementand/or evidence describing why you were not required to file. Also include a copy of each and every Form 1099,Schedule, and any other evidence of reported income. You may submit this information for the most recent three taxyears , pay stub(s) from the most recent six months, and/or a letter from your employer if you believe any of theseitems will help you qualify."

I have opted to send IRS transcripts. Simply because, it states not to include copy of my w-2's..etc..which I have lost. This is in accord to instructions for question 25. but the checklist seems to require only tax/w-2's/1099.

So, is tax transcripts alone enough?. I am including a letter from my employer as evidence of my personal income.

Thanks.

Thanks for posting back.

Some issues:

- my w2's/etc/ are missing

- spouse 2010 income (so far) is $0, but they worked (partially) during tax years 2007-2009.

- Since my w2's/etc are missing. I thought about sticking only to tax transcripts, and use an employer letter to prove my income.

Some questions:

- Am I absolutely required to provide w2's? either with copies of tax returns or tax transcripts? I-864 instructions seem to direct to not be required with transcripts.

- Since spouse contributed to prior years income, (spite of current $0 income), is it ok to have them do an I-864A, to avoid having to differentiate our individual incomes?

I file: I-864, with transcripts and employer letter

Spouse files: I-864A with copies of transcripts.

Am I way off base here? Thanks.

Thanks - I will photocopy all transcripts, or might get additional ones from IRS, they usually take 1 week or so and are free.

If I am sending transcripts, form I-864 states "Do not include copies of these Forms is you provide an IRS transcript". Forms it refers to are w-2, 1099, etc, so I am not sending these.

My spouse has $0 income, so, in addition I am just adding an employer letter. would that be ok?

Hello,

I am a joint sponsor on a petition for visa.

Petitioner (my father), is sponsoring (another child), but income is too low.

Petitioner (my father) and Joint Sponsor (me) do not live in same residence, and therefore, are not members of the same household. Hence, we are filing separate I-864.

About my I-864 (Joint Sponsor)

- my income is enough, however, I file my taxes jointly with my spouse.

- I am submitting tax transcripts.

- Spouse is therefore filing a I-864A.

- On the I-864A, . If I am submitting tax transcripts already, as the Joint Sponsor, and they are the same as that of the household member, since it is my spouse, and we file jointly, do we need to provide another copy of the tax transcripts?. or is one copy enough?

When all is said and done, I will file the following, as joint sponsor, in part:

- I-864 (Joint Sponsor)

- I-864A (my spouse)

- Tax transcripts. Since we file together, is 1 copy enough? or do I require 2 copies, one for the i-864 and one for the i-864p?.

Thanks.

Bobby+Umit, Thanks for reply. I cannot seem to respond back with quotation.

To clarify questions: I am the the Joint Sponsor/Household member (adult). Petitioner: My parent. Visa applicant(s): Unmarried children, of petitioner, under 21.

Re General Q's

1. Petitioner will keep US address in forms since it is a requirement of LPR status. Thanks.

Re Filing options:

I-864 Filed by Petitioner and adding me to I-864 21.G. I would then file only I-864A.

1. Are you a relative or can you claim them as a dependent on your taxes?

Yes, both Petitioner and Joint Sponsor/Household member are related. Petitioner is parent of (adult) Joint Sponsor/Household member. However, none can claim (or has claimed) the other dependent on their taxes.

2.Look at question 21. C - F on the 864. If they are a relative or dependent of yours, they could use the I-864A, and you would only count the number of people they are sponsoring. (and themselves)

In this case, (adding me, as household member in 21 G), 21 C-F would be those of the petitioner only, which would be zero, since anyone that qualifies for 21C-F are people related to the household member (i.e., my children and/or spouse), but are not related at all to the petitioner. Am I getting this correctly? and if I were to file I-864A, I don't see any options for counting my household (spouse,children).

3.Get the IRS Transcripts (Income and Wages) to show individual income. The spouse is normally not required to submit anything (this can change) if they are not sponsoring.

Are my w2's or paystubs enough?

One I-864 filed by Petitioner, and me filing a separate I-864 - as a joint sponsor -

1. This would probably be the best way to go. Same answers as above for spouse income.

Thanks. It seems this is the less complicated way, since then the petitioner files a pretty simple I-864 only explaining why no taxes were filed, and then I would file another I-864 as a joint sponsor, where my household (children, spouse,etc..) is fully accounted for. Would you concur?

Thanks.

I don't have an exact timeline (don't recall it that well). Petitioner filed I-130 for two children, all requested fees have been paid, as well as the form for designating an agent. Now we are about to send the I-864 and DS230. Why would the timeline be exclusively pertinent to my question? Thanks.

Apologies to admins for double post in "VisaJourney.com > Immigration Discussion for US Visa Holders and Permanent Residents > Adjustment of Status (Green Card) from Family Based Visas" I wasn't sure which one was the proper forum

Hello,

Petitioner: Permanent resident. Sponsoring to bring unmmarried children (2, each under a different NVC case) under 21. AOS and IV fees have been paid (ready to submit I-864 package). Income too low (basically none) to file taxes. Hence, there is a requirement to add a Joint Sponsor or Household member to I-864 package for income requirements. Petitioner's "main" US residence is the same as that of Household member/Joint Sponsor (for personal reasons, Petitioner has been flying abroad for extended periods of time, while maintaining permanent residence status).

Joint Sponsor or Household Member: Adult Child (married) of the Petitioner. Sole annual income of the joint sponsor is sufficient to meet income requirements (per I-864P). Taxes of Joint Sponsor/Household member are filed jointly with spouse.

General Questions:

1. What is considered the petitioner's residence? as explained above, Petitioner has been flying abroad for extended periods of time, while maintaining permanent residence status. Can the Petitioner (permanent resident) file and I-864 listing the abroad residence? or must it be a US residence?. Petitioner's "main" US residence is the same as that of Household member/Joint Sponsor.

Filing options:

1. File I-864 as Petitioner and Household member. Petitioner $0 income, and Household member all required income. Issue with this:

- Considering the absences from US of the Petitioner, are both Petitioner and Household member considered to be in the same household?

- Household member is married with depedents of their own, however, nowhere do I see in I-864 or I-864A where to count these persons. They are not per say part of the Petitioner's household, but they are part of the Household member household.

- Taxes of household member are field jointly with spouse, but spouse's income is not be used for qualifying. Does spouse need to submit anything?

2. Petitioner: file I-864 with $0 income, and Joint Sponsor:file another I-864 as joint sponsor.

- This allows for Joint Sponsor household to be part of the record (still, sole income is enough).

- Taxes of household member are field jointly with spouse, but spouse's income is not be used for qualifying. Does spouse need to submit anything?

What option is the most appropriate for this case?. Help/Input is appreciated.