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Found 51 results

  1. The Form I-864 and accompanying instructions as well as the underlying regulations are at least a little vague on how the "current individual annual income" is determined if the sponsor has taken a permanent new job at a higher salary during the year of filing. The general interpretation given consistently in the immigration law blogosphere is that the 125% test must be met based on the reasonably expected annual income for the year of filing, which would mean that the sponsor would be burdened by a lower income in the calculation for the period before the new job. Does anyone have experience with more lenient and logical interpretation, which is that current individual annual income is based on the annualized salary amount of their current job? I note that Section 20.5 of the now retired Adjudicators Field Manual seems to support at least the flexibility to take the new salary into account as if it applied for the whole year: "For example, if the sponsor recently started a new job (that USCIS is satisfied will likely continue) and the income from the job now meets or exceeds the legal requirement, USCIS may find the Affidavit of Support to be sufficient, notwithstanding information included in the transcript or copy of the tax return(s)" [From Clarification of Policy Regarding USCIS Form I-864, Affidavit of Support HQRPM 70/21/1 (2006)] It seems like this would be a common fact pattern and I am puzzled not to see any discussion of it in the various immigration law fora.
  2. I am getting ready to submit my Affidavit of Support for my mother. I am concerned that my 2019 Tax return happens to be a bit short of the cut off for the income because of some unfavorable circumstances with my self-employment last year. My current employment this year though will show that I will have much more than the minimum income requirement to show that I will be able to support my mother's immigration. Will it be a problem if my 2019 Income tax is below the cut off even if i send my current pay stubs showing sufficient current income? Please advice.
  3. I know that the i-134 Affidavit of Support is required at the applicant's interview, but should it also be sent in with the i-129F / initial petition? Thanks!!
  4. Hi! I'm wondering if K1 Fiance visa applicants are required to bring a I-864 form to the interview? I know I have to bring the I-134 affidavit of support, but am confused about whether the I-864 is also required. Thank you.
  5. Hi We have just recieved NOA2 approval for my i-130 spouse petition. Now in the NVC phase waiting for the case number and invoice to be issued. In the mean time my wife is preparing Affidavit of Support but her recent tax year is 18k and the required is 21k for California. Her brother is married and lives in the same house with me. i am thinking of filing 1864a and include him as a household member to just complete the requirement. I have some questions. 1. How much money should he earn to qualify as a household member? 2. Can he still fill the form i864a even if he is married but share the same address as mine? Thanks 3. She is just 3k short with poverty guidelines if her brother cant than what the other easiest ways to just complete the deficit for us?
  6. I have a question. If I have 2 sponsors to sign. Which part of I-864 they sign both? Cuz there’s 1 box for sponsor to sign in the form. There’s also a new form of I-864 for whoever submit after Feb 24,2020. Thank you
  7. Please help I am so CONFUSED! My American husband and I were living abroad when we filed our I-130. He has now moved back to America and recently got a job. I believe he cannot solely sponsor me since he has no proof of income for the past couple years. His parents are willing to sponsor me. They both filled out I-864 forms as joint sponsors, and have their IRS transcripts. My husband will also fill out an I-864 and include a pay stub or similar. Now I am confused though since the parents obviously share a household. Should one of them fill out at I-864A instead? What I mean is my father-in-law and mother-in-law share a residence. I will be moving in to a household that includes my husband, and my brother-in-law. Does my mother-in-law AND/OR my brother-in-law have to fill out an I-864A? I'm so sorry but I'm starting to feel so overwhelmed and frustrated with this process, even though we're nearing the end. I appreciate your time and assistance!
  8. Hello All, I have a question about the affidavit of support and taxes when in the NVC stage. I am a US citizen and I am currently living here in the United States. My Spouse is living in Lebanon and I have already submitted the I-130 Package back in the beginning of October. Our case has yet to be approved but I want to be on top of things and snub out any problems before they arise. I have not filed any taxes since 2013 since I was a student for 2 of the years and the rest I was living abroad in Lebanon and not making enough to file taxes abroad. I am now a full time employee, working in my field, at a reputable firm in Seattle and started working in early December 2019. So there is some income on my 2019 W2. I was advised to obtain the IRS Form 4506-T . so here are my questions: 1) Should I consider finding a co sponsor since I have not filed taxes in 5 years 2) What should I do about not having filed taxes ? Will this delay the process ? If so how can I avoid these delays ? Thank you in advanced. Gerrard
  9. Hi there! I'm an Alien pending I-485 AOJ with my wife So I was wondering since USCIS requires a Affidavit of Support, and as of current, I can meet the income requirements if I file for the Tax Year 2019. I filed In late June of 2019, and turns out the income I submitted didn't reach the minimum Federal Poverty Guideline, due to complications with our Joint Sponsor and dependents and extra income and that for Tax Year 2018. However our Joint Sponsor now would meet well over the 125% Poverty Guideline. My deadline to submit is April 12th I tried searching on the USCIS website to see what "Most recent Tax return" had any definition to see weather I could file with 2019 Tax Return but I couldn't find anything. I will call USCIS tomorrow to see if they have any answers but I very much doubt it. TL;DR Basically my question is can I use the Tax return of both my Joint Sponsor for Tax Year 2019, as my 2018 wouldn't meet the income requirements unless I asked a different joint sponsor to Sponsor me. Which is a pure hassle.
  10. Hello guys, i'm looking for someone got his k1 visa and his fiance is self-employed (small business/1 person) to share with me his own experience please. i have few questions about : taxes returns I-134, Affidavit of Support bank statement .... thank you
  11. Hi there, My husband and I live in Canada. He is a US citizen, I am a Canadian citizen. He is sponsoring my immigration to the US, however he has a Canadian income that will not continue after our move. We are aware that we need a join sponsor, and we do have one. BUT, I am confused as to how we properly fill out the I-1864 part 6. Part 6. I am currently: 1. Employed as a/an: Finish Carpenter 2. Name of Employer: Schneider's Millwork 3. Name of Employer 2: N/A 4. Self-employed as a: Custom Woodworker 5. Retired since :N/A 6. Unemployed since: N/A 7. My current individual annual income is: WHAT DO I PUT HERE? Do we write his Canadian income converted to US dollars? Do we write $0, since that is what is reported on his tax return, and his Canadian income doesn't not qualify? That feels wrong to me though, since #1 says he's employed. Later on in question 20 - My Current Annual Household Income: Same problem. Canadian income? Or income reported on his tax return, which is $0 USD? In 24 a, b and c, our total income reported on his tax returns will be $0. Won't that look wrong if we've reported having an income in previous questions? Any help is appreciated. I've found similar threads to this but from so long ago the forms are different.
  12. Hi all, We are using a joint sponsor because my husband (USC) lives in Canada with our family and his income is in CAD, not USD, and will not continue after we move to the US. Has anyone else been in this position? I am wondering how you filled out Part 6 of the I-864 Affidavit of Support, particularly #7: My current individual annual income is... Did you write your foreign income converted to USD? Did you write $0? I am also wondering if I could write his foreign income in USD, then add additional information to the end of the form stating that we converted his income from CAD to show that he has earning potential, but recognize that it doesn't not qualify to sponsor me and that we therefore have a joint sponsor.
  13. Hi all I am a K1 Visa recipient and my husband and I are filing our AOS soon. I have a question regarding the required tax documentation on the I-864, Affidavit of Support. I understand that if we file AOS before the end of 2019 our most recent tax year would have been 2018, and we've got that. But if we file in January 2020, would our most recent tax year be 2019 already, thus requiring the proper documentation for 2019 instead? I ask because the company my husband works for doesn't send out W2s until February, but we REALLY don't want to wait any longer to file our AOS because my I-94 had been expired since October 22nd. We've planned to file this December 16th but something came up, and we might have to reroute the budget for that one onto something else.... sigh (I know, I know, we're filing late, but life happens and so here we are...) 😅 So I'm thinking: 1) Perhaps USCIS would allow the submission of 2018 records due to the fact that tax season for 2019 won't be over until April 2020 anyways? 2) Perhaps we could include an explanation on our cover letter as to why we're submitting 2018 records despite 2019 ending? So yeah, I would appreciate any input from anyone who can help. Thank you all
  14. Hi all, we're still waiting on our NOA2 but we're looking ahead to the next stages of the process to ensure that we have everything in order ahead of time. I know that when it comes time to submit the Affidavit of Support, they'll be looking for a minimum income of 125% of the federal poverty level (for two people). If the income does not meet that threshold or if the Petitioner is unemployed at the time of filing, I know that assets can also be considered. Does anyone know the minimum value of assets the Petitioner must have listed on the I-134? I know the criteria vary from embassy to embassy; we'll be filing at the one in Manila, if anyone has any relevant experience there to speak of. Thanks!
  15. Hi everyone! I need some help with a few items on the I-864, if anyone could kindly assist: ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Page 4 Part 5., 1.-3. (Sponsor's Household Size) Persons you are sponsoring in this affidavit: 1. Provide the number you entered in Part 3., Item Number 29. - 1 Persons NOT sponsored in this affidavit: 2. Yourself -1 (auto-populated) 3. If you are currently married, enter "1" for your spouse. > My husband is my sponsor, and we are married, but if we put "1" then it makes our total Household Size: 3, when it's just the two of us. We are aware we shouldn't count any member more than once. Should this be "0", then? Even if we are married? ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Page 5 Part 6., 24.a.-24.c. My total income (adjusted gross income on Internal Revenue Service (IRS) Form 1040EZ) as reported on my Federal income tax returns for the most recent three years was: > We are able to gather only the most recent year, 2018. Will leaving the other years blank cause any RFEs and/or denial? ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- I would appreciate any input. Thanks!
  16. Hi all! My fiance and I's case is currently in transit to Manila. (YAY!) I'm currently preparing the affidavit of support (AOS) to send/email to him. My worry is that since I was only hired at my current job in November 2018, my W2 only shows I made a few grand in 2018. I was a full time student for two years before that and had no income. I currently make above 125% of the federal poverty guideline. I can only provide a letter from my employer and my paystubs (which I plan to give at least 6 months worth). Maybe bank statements or letter from my bank. Are those acceptable at USEM in Manila for financial documents? I'm really nervous that that's all I can provide. I hope the helpful people of VJ can put my mind at ease. Thank you! Z.
  17. Hi everyone, Sorry if this is a repost, but I am preparing for the K1 Visa interview in a month from now and I have been trying to figure out how much supporting documentation/evidence I need to submit with my i-134 (Affidavit of Support) for the interview. I am fully employed and make an income >$200,000/yr. From what I've read online, this seems to indicate that my income is high enough and I would only need to provide proof of this (letter from my employer on company letterhead) and I do not need to provide any bank information or other items. The i-134 instructions document states: This not seem to indicate it is mandatory, and so I want to know if I really need to go through the process of having my financial institutions prepare and send that documentation to me, or if I am good to just provide the letter from my employer. I was thinking I'd provide the letter, plus copies of my past 3 years of W2's to show that my income has consistently been at that level. Can anyone comment who is familiar with my situation or knows for certain? Thank you!
  18. Hey everyone, my case is at nvc since around 2 months cuz we couldn’t find a way. Please help us, as per my husband’s last year income he wasn’t eligible to sponsor me, but this year he’s making enough to sponsor me but we don’t have tax records of this year and this is why my case been delaying. We cannot find a joint sponsor as I heard there are some liabilities. What else we could do?? Please help me. I need it. Thanks in advance!!
  19. So I submitted my affidavit of support after months of corrections currently NVC Is reviewing cases submitted on September 12 I resubmitted my affidavit of support from on September 13 anyways I realize that I still missed out one part where should tick yes if mailing address is same as physical address I completely forgot to hit yes does anybody think that will be a problem for me???? I’m so over this and the long wait
  20. hello, will the original affidavit of support be required during the interview in the embassy or a copy will be sufficient?
  21. I am having an issue with form I-134, Affidavit of Support. I work two jobs, the first one I am a self-employed hairstylist and I rent a chair in salon. The second job is also a hairstylist but I am an employee working for a national chain. I was told by Rapid Visa, yes I paid for their services before I knew Visa Journey existed, that I can not list that I am both employed and self employed in the section that covers my employment but I could list it on the supplemental page? This does not make sense to me but it is the government. What do all of you think?
  22. Six months after filing our I-129F, my fiancee and I are almost at the finish line. K1 interview is next week at the Consulate in Guangzhou, China. As I gather all docs for her to take to the interview with her (in China, I'm not allowed to accompany her), I realize I have a significant process question. My understanding is that the process looks something like this (I assume this applies to more than just the Consulate in Guangzhou, which is why I'm posting in the K1 forum and not the China regional forum): 1. Immigrant arrives at Consulate 2. Immigrant waits, then is called to submit a stack of documents at a specified window, including police certificate, birth certificate, unopened Medical exam report, and Affidavit of Support (along with related documents such as tax returns, 1040, etc) 3. Immigrant waits again, then is called for the actual interview So my question is, when my fiancee submits my Affidavit of Support (and related tax returns, etc) at the window in Step 2, does the consulate worker keep those documents, or return them to my fiancee after reviewing that they are complete? If the consulate worker DOES keep them, then how is my fiancee supposed to show evidence of my income, ability to support her without becoming a public charge, etc to the interviewer during Step 3? Is she supposed to bring TWO copies of the Affidavit of Support (and all related documents, tax returns, etc), one for the window in Step 2, and another for the interview in Step 3?
  23. Hi everyone. So I have a questions. My fiancé (sponsor), has trouble with filling out the affidavit of support form. The problem she has is because her incomes do not reach the required 20,000 -30,000 dollars a year. My question is, can she have someone from her family sign some paper or something that would say that they will help with it. (I do plan on working asap when I get my status adjusted there). Thank you to all that answer and I hope all your visa journeys are successful
  24. I'm working on updating my I-864 because I changed jobs about 2 months ago and we just found out that USCIS has scheduled our interview in Orlando. I'm not sure what to put for Part 4, #3: "Is your current mailing address the same as your physical address?". My wife and I are renting part of a townhouse from another couple during the workweek for a few months, while our house is under construction. Our mailing address is in a condo which is nearly an hour from my workplace and about an hour and a half from my wife's. We spend weekends there and collect our mail there. The townhouse rental is not officially a lease. (Neither is the condo, which my parents own.) We are just giving the owners checks every month. We had looked for a month-to-month lease when my wife was getting ready to start her job. The arrangement with this townhouse was a lot better for us. Do I need to mention this townhouse in our forms for USCIS or bring any evidence for it to our interview?
  25. I need some help understanding if I qualify to be my husband's sole sponsor, or if I would need a co-sponsor. I was employed for many years earning well above the minimum income requirements for the Affidavit of Support. I left my job last year and moved to Brazil to live with my husband. I left in March, so for the effect of 2018's taxes I only made around 9k. I move back to the US this year and got a job three months ago. Considering my yearly income, I would meet the minimum income requirement. However, if I count the total amount that I will make this year alone (until Dec 31st), since I only started working recently, I won't get there. I've read some contrasting opinions so far about it. For some people it seems that all that matters to the people at NVC and the embassy is my yearly income, meaning that if I have a job that pays, say 30k per year, that is sufficient for a household of two. For some other people it seems that I would need to be able to earn in total this year more than the minimum income of $21,137 set by the Poverty Guidelines, which I won't. What do you think? Can I be my husband's sponsor, or do I need to find a co-sponsor, which won't be very easy for us? Thank you for your thoughts!
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