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  1. Hi, I recently quit my job to start a tech start-up (sole proprietorship) business. By July of 2020, my 2020 annual income for 1 person income should be around 4 times more than the income threshold required to submit an I-864 for my wife and 2 kids, which I intend to submit in/around March of 2020. I've registered my (sole proprietorship) business with my state and got an FEIN # from the IRS. I do not anticipate any income from the tech start-up business by the time I submit I-864. My question is like this: Do I have to have a current employment/income/pay stubs to file I-864? If you need more clarification of my situation, pls let me know Again and always, thank you all the experts who help people like me all the time! :)
  2. I was super annoyed at how the AOS application asks for this particular form of income-proof, but if you couldn't successfully verify your identity through the IRS website, then you were completely out of luck as the IRS mail & phone order systems were dead due to COVID. I've been checking the IRS Tax Transcript website every day to see when you can order IRS Tax Transcripts (for I-944 purposes...) through a non-online method and sometime in the last 48 hours it all opened up again! There is less info required to order by phone/mail relative to online orders, so if online isn't working for you, then give these methods a shot. To order by phone, call the automated system at (800) 908-9946. This is super easy and apparently faster than the mail method. Estimated time to get transcripts is 5 - 10 days You'll need the following info to do so: Your SSN The numbers of your most address on file with the IRS (i.e. if I lived at 123 Main St., I'd need to submit "123") The tax years you'd like transcripts from To order by mail, you can hit the "Get Transcript By Mail" button on this website, or fill out and mail in Form 4506-T-EZ to the appropriate IRS office. Estimated time to get transcript is a few weeks(?) You'll need the following info for either method: Your SSN Your most recent address on file with the IRS Your date of birth (only for the online method?) Your phone number (only for the print out version?) I already submitted my application w/o transcripts (substituting in other documents instead and including a letter explaining the situation) but ordered all my transcripts over the phone just now in case of a future RFE. Hope this helps someone stuck in a similar situation!
  3. Good day everyone. Our cases (IR1 and IR2) are now sent to NVC. We know that it can take up to weeks to receive the case numbers. While waiting, we would like to prepare the supporting documents that we will be needing to upload in addition to the I-864 form. My husband (petitioner) is an active duty USAF. These are the documents that we are going to upload. What do you think guys? Are we missing something? Do we need to add other documents? Thank you for your input. ☐ IRS tax transcript 2019 (most recent) ☐ W-2 Form 2019 ☐ Pay stubs or Leave and Earnings Statement (last 6 months) ☐ Bank statements (last 6 months) ☐ Letter of employment (Example: "NAME and RANK has been a full-time employee of the United States Army since 2019 and is in good standing with an annual income of "$$$$" - Signed[immediate Supervisor]") ☐ Proof of Military Active Duty
  4. Hi fellow IR-1 petitioners, I am the US Citizen petitioner/sponsor for my French wife, finishing up the I-864 (Affidavit of Support) form. We are a family of 3, I am only applying the IR-1 VISA for my wife. Our biological child is a US Citizen. I am self-employed, been living in Hong Kong for almost 5 years. I am from California, we are planning to move to Colorado when this is all approved. The latest income — based on my 2019 US TAX filing — I am reporting on the I-864 form, Part 6, question 24.a. is 135.4% OVER the 2020 HHS Poverty Guidelines, and my personal combined asset is in the upper $160Ks. Since the reported income on the I-864 form is over the 2020 HHS Poverty Guidelines, do I need a co-sponsor? I am concerned NVC will flag that due to the percentage isn’t that much over the Guideline. Thanks for your wisdom and knowledge. Good luck in your applications. –Roger
  5. Hello, If I go with Co-Sponsor, can I still include household members i-864a income with the application, or should I only include mine and Co-Sponsor i-864 form? As of now, we as a household, we can't reach the minimum required for sponsoring someone, we're about $10k short. However, my Co-Sponsors income is way above the requirements $75k Plus. I've already prepared my i-864, and my household members i-864a forms. But it turns out we're $10k short. Should I go with Co-Sponsor only or include i-864a household forms as well with the Co-Sponsor's i-864, will it strengthen the package? Thanks, Dean.
  6. 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.
  7. I have been looking through this forum for quite some time now but I have not come across a scenario that answers all of my questions. I have a guess as to how to properly fill this out but I want to be certain I am correct. Here is my situation: I am petitioning for my husband to come to the US. In the past 3 years (2019, 2018, 2017) i have had a job and filed my taxes. However, this year (2020) I am working as a freelancer but have only made around $100. I live with my father, mother and brother. My father files his taxes jointly with my mother, who also has a job and they claim my brother and I as dependents. My father is more than able to surpass the poverty guideline for all of us with his income alone. My questions are: - since I barely make money, is my father considered a joint sponsor or is he considered a contributing household member? - how many people would i record for household size when I fill out the i-864 for myself? - does my mother and brother have to fill out any forms, even if they do not need to contribute their income to meet the poverty guideline? Sorry for such a long post, I just want to be as clear as possible. Thank you very much for the help.
  8. Hi, I just found this forum and am very grateful! I have many questions. Every time we finish a packet, I find something else we need to do. Just to give some background I am a US citizen by birth and my husband is on the TN visa and we got married in March. So I have a bunch of questions regarding filing the I-130 online. In the online I-130 form it asks for just one photograph. We got the 2x2 passport photos per the I-130 instructions. 1. We are having a problem though, every time we scan them in they look like the background isn't white, which it strictly says on the submission form. Almost ready to throw in the towel and mail it in with all of the other paperwork. Should we just mail in the I-130 with the I-485? 2. For the I-944, it asks for appraisals of owned property. We own a property outright and want to make sure that we are doing this correctly. We have the deed. Is that enough to submit with assets? Or do we need to have the house appraised? 3. For the I-944, do we need to include translation for high school diploma/transcripts? We provided it for the college diploma and transcripts. 4. If I submit the I-130 online, then I would send all of the paperwork via the Chicago lockbox together. My husband's I-485 and I-944 are submitted together? Do I submit everything together separately once we receive notice from USCIS about the I-130 being accepted online? Thank you in advance!!
  9. Hi everyone, I would just like to clarify something. I am required to get a joint sponsor for my wife's AOS, and we have asked my uncle to be our joint sponsor. My uncle is earning over 125% of the poverty guidelines so he is sponsoring us on his own, his wife is not sponsoring us. He can use W2 to prove his individual income. He files his taxes with his wife jointly. For the question where it asks for the total household income, does he put his combined income with his wife, or can he just put his total income from his W2s? If he puts his combined income with his wife, does that mean his wife will now have to fill in an I-864a and give us her W2? Many thanks.
  10. What do you think about having separate sections for I-864 and DS-260 under IR-1/CR1 process? There are too many questions regarding DS-260 related questions and I-864 related questions. Separating them will provide better guideline for the repeated questions and not get lost in the general process related questions.
  11. I need help, please! I am already living in the US, F-1 visa. I am currently in the process of adjusting my status to permanent resident. My wife (US citizen) and I (green card applicant) got married after I filed my taxes, we did not file together. Her dad claimed her on his taxes so she didn’t file her own taxes. How does she complete form i-864 (affadavit of financial support) if she had no income last year (she was in grad school). Does she fill out the form with no income and then use her dad as a joint/co sponsor?
  12. USCIS posted a new I-864 Form that must be used starting on 10/15/2019. However, I looked at the new and current forms (side by side) and can't find any differences. Does anyone know what changed, besides the edition number? https://www.uscis.gov/i-864
  13. @pushbrk I have submitted the I-864 twice and it was rejected right now the third time it is just showing submitted. I hope I finally got the upload and compress correct. It was under 2.0 MB as stated. I noticed mention of bar code on new forms, I did not see them on my forms when I printed them out. Is this code necessary? I printed them out and filled them out manually. Also, after all forms and documents are accepted, will they contact us or will we have to contact them? What is the next step? Thanks as always for your help.
  14. Hello there. Hope everyone is doing well. So my husband (USC/petitioner) and I are preparing to fill out the I-864 form for me and our 2 year-old daughter (IR1/IR2). And we just have a few questions. BTW, He filed 2 separate I-130 forms, got RFE for both cases, and just waiting for approval. Question 1) Does he need to fill out and upload 2 separate I-864 forms for each of our cases or fill out only one i-864 form and upload the same form for both of our cases? Question 2) In Part 3, Item Number 1, as shown on the pic attached, are we right in ticking the YES box? Since our daughter will be immigrating with me at the same time, do we tick the box of Item Number 2 and write her name on Family Member 1 (Item 4.a onwards)? Question 3) I've read from the past threads that instead of I-864 form, I-864W should be uploaded for beneficiary less than 21 years old. However, I believe it is no longer required by the NVC and the form is not in the USCIS website anymore. As per the USCIS website "Form I-485 is now used to collect information previously collected on Form I-864W, Request for Exemption for Intending Immigrant’s Affidavit of Support. Adjustment applicants no longer need to file Form I-864W." Does my husband need to fill out I-485? Feel free to share your experience. Any response will be highly appreciated.
  15. Hi All, We are starting the NVC process and we have a few questions. I think we qualify to use the I-864EZ. Be the petitioner who filed the original Form I-130 on behalf of the intending immigrant; my husband. Be the petitioner who filed the original Form I-130 on behalf of the intending immigrant; he filed the I-130 only for me. Be able to show sufficient income to support the intending immigrant based solely on your salary and pension, which amount is shown on the W-2 Form(s) provided by your employer or former employer; he make around 55k in 2019 and he's only using his income - no joint sponsor. Do we need to file the I-864 as well? Or is it enough with the I-864EZ? Also, do you know what's the "additional aos supporting documentation" that we need to upload? I see we have to upload the I-864 or EZ and we also have to attach the IRS Transcripts but do we need to attach anything else? Thanks in advance for your help!
  16. I am about to file form I-290B because my I-485 adjustment of Status (Marriage with US Citizen) was denied due to missing form I-864. Question: Even though I the beneficiary filed for I-485 that was denied, am I the one submitting for I-290B or the sponsor which is my spouse? it is confusing, the denial letter states the beneficiary cannot file I-290B. I am the applicant of I-485 that was denied but also the beneficiary of the filing for AOS/Green Card. If anyone can help, thanks. Also is there a template / Cover letter sample that addresses the I-290B Motion to reopen? thanks.
  17. Hi Guys, I need your help on what to respond with. I received a yellow RFE around April 24th 2020, it states that: My initial Household was just "2" for me and my wife. and my income alone clearly meets the 125% Federal Poverty Guidelines for Hawaii. Why would they say that they could not determine? my income? or i just probably forget to sign it? but i doubled/tripled check before sending out the documents. I kind of doubted and thought that it's maybe because i filed the AOS and sent it just before (March 31st 2020) the expiration of the old I-864) , and that they haven't really got to take a look at it until early April, which is past the expiration date, based on the "Online Status Update" because of all the policy changes that's happening to USCIS and Covid-19. Im about to send them "my reply", which includes a newly updated I-864 expiration date (October 31, 2021) with a total of "4" household size this time, which i included my mother and father this time since they live in the same household as ours. I also added forms I-864A for both of them and added all their income to mines which "over exceeds the Federal Poverty Guidelines for 4 Household Size". But I'm worried that USCIS might reject our AOS petition because suddenly i have 4 in the household size when in prior i only sent 2 as my household size.. what shoud i do? write them a letter stating that even my income alone can hold for the 2 household size?
  18. So I got the standard rejection notice, I attached it to this post. I have gone through this and I believed I submitted EVERYTHING. We have a copy of our NOA approval, his visa from his passport and an original Marriage Certificate that shows we got married within the 90 days. The only issue is that we filed after the 90 days. Could that be the issue? Do they want me to file an i-130 now? I also attached a photo of my NOA for reference. Is this the correct NOA? Also, I did research when we were filing it out and saw people saying that K-1 visa applicants don't have an A-number so I left that blank. Now that I'm looking at my NOA again, is that the number next to the beneficiary? We filed a i-485, i-944, i-846 & i-485 and yes, I put the correct designation in i-485 Part 2 -> C. Please help, I've looked this thing over front, back... every which way and I can not figure it out. I saw on another post that someone suggested making an appointment but I doubt they're letting people do that during this pandemic. For reference, I am an American born citizen and my husband is a Canadian Citizen. We live in California. I really appreciate everyone because this process is INSANE!!! Thank you all!!
  19. I recently got my I-130 approved and now my wife and I are trying to fill out I-864 and I-864A with the help of my mother in law who's a US citizen. What I've learned recently is that, in order to have a household member submit I-864A, the applicant and the household member have to live in the same place at the time of submitting the form. My wife had always been her mother's dependent until we moved overseas at the end of 2018 for my college and because she wasn't in college last year and didn't live with her, she isn't claimed as a dependent for 2019's tax return and therefore the only way we know to get her mother's help is to stay in the US with her but the thing is we were going to go back to my home country where I will be having an interview for my CR-1 visa. Her mother can't be a joint sponsor either since she makes less than the required amount. My questions are: 1. What is the definition of Principal Residence in the eyes of NVC? 2. Does the applicant, my wife, have to live with the household member, my mother in law, throughout the visa process? Or until the affidavit of support is accepted? 3. How long can she be away from the principal residence in the calendar year? I can't seem to find the answers to my questions anywhere so if any of you can help me with these, I would really appreciate your help. Thank you.
  20. I am confused about the I-864. I am filling online withe CEAC/NVC for the next step. I am doing the I-864 form, but I do not earn enough, so My dad offered to help. Does he also file a I-864 or I-864ez. Is he a joint sponser? Because we will be staying at his house initially and I am still registered at his house while I am teaching overseas, should he file an I-864a as household member?(or not because I am part of his household not the other way round) Also, family size, my wife is due to give birth in a few weeks so do I log it as 3 or 2? By the time we interview it will definitely be 3 I forgot to add, we will be getting and american passports and Child Birth Abroad for our child. She will not require any immigration paperwork. Any help would be nice, I have not found much for the online application process. Thanks
  21. I know there's a lot of posts about I-864 but I've searched the forum and could not find something that quite fit, so hopefully I've not made a duplicate post. My wife and I are currently filling out the I-864EZ form following on from our I-130 application. In Part 5, sections 5a and 6 we are asked about her last three years of taxes. Up until September of 2018, my wife had not held employment in the United States and thus had paid no taxes. Additionally, in 2017 she lived in Ireland (where she did not hold employment, unless it's easier for us that she did). In 2019 she made well above the poverty threshold, but that leaves us with a small figure for 2018, nothing for 2017, and we cannot tick that she has filed taxes in the last three years. I understand that the poverty threshold is almost entirely based on the previous tax year, but I'm more concerned about her lack of filing. Is this solved simply by adding a supporting document explaining she started work for the first time ever in September 2018? Is there anything else we can do or need to do? Will there be issues by not ticking that we have three years of taxes? Thank you very much.
  22. Thank you for reading this post... We're preparing the AOS and my sister is going to be y cosponsor as a household member. She currently makes $US950 below the income required for our househols. Her rent is paid by an NGO based on service she offers to the communit she lives in. This is a siginifcant ammount becasue a) this means our house will be paid for the entire year, which is where our family lives/will be living and b) it will significatly pushe her "yearly income" even though it isn't a cash payment. Is there a way of including this as a form of income on the i-864a?
  23. Hi, I really need some help and advice. A bit of background my fiancee (us citizen ) and I are very young and hoping to get married in June, I like to plan very far ahead and i have seen he will need three years of tax returns which he doesn't have in order to submit (I think) The I-864 , if anyone has any advice on how we could get around this or any more information on it would really be appreciated :))
  24. Hey everyone. So we're finalizing our I-864. My wife's accepted a job back in the U.S and has signed an contract/job offer. So establishing U.S. domicile after leaving Canada is not an issue. (voter's registration, DL, accounts, offer etc..) It is not clear as to whether we could use her employer's letter with salary to use as a sponsor. (not pay stubs, income taxes were filed with foreign income). We have a joint sponsor lined up, just in case, but i would want to avoid any additional delays. Given the already back logged consulate in Montreal for interviews. Any know of spouses using letter of employment as enough evidence to actual sponsor, or will they reject it since she will only start working in August? thanks!
  25. Hi everyone, I'm a green card holder and applying for F2A immigration for my wife. (We filed I-485/I-864/I-130/I-765/I-131 concurrently in October 2019.) A few weeks ago, we got the pink RFE letter which is related to I-864. (please kindly look below images) After reading the letter, we understood what mistakes we made: (I'm the petitioner) 1. I filled "$0" in the forecast annual income column because I had no income at that time. (but I have now) 2. I didn't submit any tax documents for the previous years. How will I reply to this RFE: (I found a joint sponsor.) For joint sponsor: 1. submit joint sponsor's I-864 / evidence of income / federal return tax documents for the previous 3 years/ evidence of being a U.S. citizen For me: 1.submit a "letter of employment" 2.submit my paystubs 3.submit 2019 federal return tax documents (Married Filing Jointly) 4. submit a copy of RFE letter 5. submit an updated petitioner I-864<===?????(I got a new job and paid tax, so much information should be updated) My question is shall I submit my updated I-864 as well? In other words, shall joint sponsor submit his I-864 and I also submit my updated I-864? I'm really confused. Some of my friends said yes, while others said no. Could someone provide the correct way to reply to the RFE based on this situation? I really do appreciate it.
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