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Found 194 results

  1. Hi guys, based on some of the posts I've read around these forums, I understand that having a joint bank-account is one of the important proofs that can validate the genuineness of the marriage, & therefore, K1 couples should get a joint bank-account immediately after getting legally married. This being the case, when we're filing for Adjustment of Status, how much of the assets in the joint-account can be claimed by the US citizen-spouse on I-864 for the purpose of income-requirement? For instance, if a couple has 50k in their joint bank-account (some of which was brought over by the immigrant-spouse when they came to the US), can the US citizen claim the entire 50k as belonging to the US citizen, on their I-864, for the purpose of meeting the income-requirements for Adjustment of Status?
  2. My husband is a full time student and working part time. He was recently hired this September 2018 and we are filing now the AOS this February 2019. He used to work back in 2015 and had to stop because he got accepted in his desired University (Also here in the US). I have several question regarding the I-864 affidavit of support. Our current situation is: - He didn't made it to the poverty guidelines that is why we're filing a joint sponsor (his dad) - He doesn't have 3 recent tax return sheet (only 2015, his previous work and 2018 his part time work now) My questions are: 1. In the part where he should input the 3 most recent tax income, should I leave the other two blank? the 2nd and 3rd most recent? 2. As I believe so, the Total Income per year stated in Income tax return is different from current annual income. We will request Certificate of Employment reflecting this current annual income so that it is visible for the checker. I just want to verify if we are correct? Thank you very much for all your help.
  3. When my husband and I initially filed for his K-1 visa, I had a different work situation and was barely above the income threshold, so we used my dad as a joint sponsor, just in case. Now my income is more than sufficient to sponsor my husband, and I can provide evidence in pay stubbs (but not via taxes, yet). Any advice on filing with or without my previous joint sponsor for the adjustment of status, form I-864? Will the adjustment of status be denied if we do not list the same joint sponsor (when we no longer need one)? Thanks in advance
  4. I'll just come out and say this: I have unfiled tax returns for 2011 and 2010. My wife is from England and we are in the immigration nightmare currently. It's unbelievable, the tangled brush of bureaucracy. Currently, I have a good job, but I was on unemployment (in Texas) in 2010 and 2011, basically moving around a lot trying to find work. I am trying to get my late 1099 forms filed, so I used my mother as a joint sponsor on our I-864 file. She more than meets the requirements. I didn't realize that I still needed to file an I-864 in my own name, and we got a RFE (Request for Evidence) asking for my form. In the form, there is a tick box that says "I have filed a Federal tax return for each of the three most recent tax years. I have attached the require photocopy or transcript of my Federal tax return for only the most recent tax year." So, I am going to rush to get my unfiled taxes taken care of, but my question is this: Will the fact that my taxes for the last three years are super late, or that I have an outstanding balance with the IRS, mean that our AOS petition will be denied? I don't know what I'd do if my wife were taken from me over something like this. Thanks for your answers, Allen
  5. Hi everyone! I am filling AOS and now in preparing the Affidavit of Support. My Husband is doing part time & internship. His salary didn’t made it to the poverty line. We’ll have his Parents as our joint sponsor. His parents file tax together. Now, I saw this I-864A form and got confused. To confirm, this is the forms I’ll be using: Husband: I-864 Primary Sponsor Dad in law : I-864 Joint Sponsor Mom in law: I-864A household member of joint sponsor Is this correct? For a moment I thought, should I be filling I-864A for both Mom & Dad in laws? Thank you!
  6. Hi, We received a message today from the NVC on the FEDERAL INCOME TAX RETURN OR TRANSCRIPT section for both the Petitioner and the Joint Sponsor. We each uploaded a W2 PDF of the most recent tax year but both were rejected. This is the message we received: "We are unable to accept these documents as uploaded. Please delete these documents and submit them under the correct document type." I'm not sure how to correct this. We followed the upload directions correctly but still got rejected. Maybe resubmit them in a JPEG format? Everything else we uploaded has been accepted. We would appreciate any help with this!
  7. Hilarious moment of panic last night after I dropped my fiance off at the airport to fly back to America, and having left me with copies of all the forms I will need for my interview next Friday we realised she had mistakenly filled in form I-864 instead of I-134.....! 🤦🏻‍♂️😂 I know the I-134 form isn't mandatory for the interview, but I think it would be prudent to have it. My fiancé left me with all of her income/tax evidence along with the income/tax evidence of her parents (they are co-sponsoring me because she has been in and out of work this year so her latest return falls under the income amount guidelines...) so now we have a few questions: 1. How do we fill out the I –134 forms with parental co-sponsors in mind? If my fiancé's income falls under the guideline, should she even bother submitting one alone? Or should we just submit one form for each person (I.e. 3, one for her, one for her mom and one for her dad?) Or can we just count her parents as one person and submit 2 x forms? 2. Will it matter if she fills out the form and then emails it to me as she is now back in America? Will they care that her signature has been printed out? My interview is booked for next week so there's not really enough time to mail real documents over.... 3. Can I assume that I as the alien don't need to take any evidence of my own income/meagre savings along to the interview in the form of a bank statement or my own British tax returns? Given that I am supposed to be the one being sponsored, and will not be able to work for a while until my EAD? Or would they like to see that they at least have a little bit in the bank to get me through this period of unemployment, even if it's only a few thousand pounds? I'm kind of under the impression that, as long as we have these forms explaining what the tax returns/payslips/bank statements are saying, the consulate official will understand what we are trying to prove…?
  8. Hello all After hours and hours of surfing around IRS pages and internet forums I have decided to ask some questions here in case there's anyone who are having similar problems of mine! My husband, petitioner has dual citizenship in Canada and the US, (His mother was Canadian and father is American.) He had lived in Canada since his birth, lived and worked until Dec 2017. He got his SSN and American Passport issued around Nov 2017 when we went down for our cousin's wedding. He moved down to the States Dec2017 and has been working since. We have business together and we are closing the business this year 2018. (so he has income from Canada this year 2018) He has never filed his income in the States. He has been keeping all his paystubs and can request a letter of employment from his work. Now our petition is approved (Oct 2018) and we are in NVC stage now. the next step is filing I-864 but since he has never filed the tax in the States yet, he doe not have the tax return record. We have looked and looked about the filing the previous income from CANADA, some pages says 3 years some says 6 years. which is not a problem since we can request Canadian tax agency for the information. I am thinking maybe we will have to wait until January to file 2018 tax, But as you all know, it will take a while to get the papers from the work and report and than wait until it is ready for record to submit to NVC.. we will have to wait another 2 month... Here are the questions 1. Can he file his previous income (3 or 6years of Canadian tax report) in the month of December? or 2. Can we submit CRA(Canadian tax agency) tax record for previous income + submit paystubs (2018) and a letter of employment. the I-864 anyone had similar situations? or any advice would be much appreciated!
  9. Hi guys, I came to the US in May on a K1 fiance visa, and applied for my greencard as soon as my husband and I were married. When we filled in the affidavit of support for the greencard, we were in a slightly weird financial situation. My husband was self-employed with sporadic income that was pretty close to the 125% poverty guideline, but I had assets in US dollars that took us over 3x the 125% poverty limit. We included all the information on both his income and my assets on the application. So today, we received a request for initial evidence stating that 'based on the documents submitted with form I-864 the income did not meet 125% of the poverty guidelines'. NOWHERE on the letter does it say whether my assets were considered. The letter goes through evidence they'll accept of income and assets, but NOWHERE does it say anything about using the immigrant's assets - just the sponsor's. Is it possible that someone incorrectly assessed our form and didn't take my savings into account? The instructions on form I-865 are very clear in saying that you can use the intending immigrant's assets. The letter also states that my husband must include his most recent tax return, but he was a student last year and didn't file one. We also put this information in the I-864 form so I'm not sure what they want us to do about that? If he didn't file a return, he didn't file a return... A further point - my husband has actually got a well-paying salaried job now and has been working it for about 1.5 months. Can we use this income now? Or is it too 'new'? I'm going to call USCIS next week and ask for an explanation, but assuming that they want more evidence - what on earth do we actually send them? I already sent them my bank statements. We can re-send them, along with my husband's recent pay stubs, but what about the tax return issue? I'm thinking we might need to see a lawyer, but I thought I'd ask on here in case anyone else has run into similar issues. Thanks x
  10. Hello In Argentina, waiting for NOA2 so getting ready for what's next. In the latest "K1-K3-Instructions-packet" updated 9/2018" (https://ar.usembassy.gov/wp-content/uploads/sites/26/K1-K3-Instructions-packet.pdf). Along with other docs it asks for the I-134. But then the "Instructions-packet-for-IV-appointment" updated 9-2018 (https://ar.usembassy.gov/wp-content/uploads/sites/26/Instructions-packet-for-IV-appointment-1.pdf ), asks to bring to the interview: "Evidence of Support: Submit the affidavit of support (I-864) together with all the supporting documentation, if you have not already sent/ submitted it to the NVC." So, these two docs do not align. Therefore what should I work on, get the I-134 or get the I-864? Anyone form Argentina who already had the interview? Thanks!
  11. Hi All, I have a query regarding my Interview in the US Embassy in London this Friday. My wife and her dad are providing I-864's and as per the London Embassy requirements, all documents are required to be brought on the day of the interview. The checklist for required documents suggest originals or certified copies are required for all documents except Passports and Photographs. The originals have been posted to myself but it will be tight and not a guarantee I will receive these before the interview. Will printed copies of the forms and relevant evidence be accepted? I found a couple of topics on the matter, but couldn't find any specific to London Interviews. I know the NVC accept scanned copies now. Any help would be greatly appreciated. Thanks. Matthew
  12. So my husband is the petitioner for the i-130. His father will be my sponsor, so does this mean he would fill out the i-864 My husband does not have all the w2 for the past 3 years and will be unable to get them because the business shut down. Will this be a problem if he is not the main sponsor? If my husbands father makes enough money and we live with him do we even have to use my husband as a joint sponsor? Or can we just use his father alone. My husband has been working at a new job for 5 months so does not have a w2 for his current work. I'm really confused and would get a attorney but we can not afford one.
  13. Im a US citizen. Im trying to bring my parents to USA. I filed 2 forms i-130. It got approved and Im waiting for NVC to respond and in the meantime Im filling out the affidavit of Support I-864. Here are my questions. 1. Like I-130, do i need to file 2 forms for I-864, each for my father & my mother. 2. On PART 3 Item 2 I mentioned my mother as family member #1. Does this mean I don't need another I864 ?
  14. Hi everyone, I am struggling to get this figured out 100%. We got an RFE for I-864 (wife didn't make the poverty guidelines for some strange reason) and have decided to use my wife's mother as a joint sponsor, she files as married filing jointly, her husband (my FIL) is retired and earns roughly $6.8k in SS benefits and $500 in dividends/year as indicated on their 2017 tax transcripts. My MIL makes about $57k in wages currently as per her recent pay stubs. Okay so I know she has to fill out I-864 form but this where I get stuck: Do we include FIL SS benefits and add him to the household income even though she makes more than enough without it? Her household size = 4 (herself, husband, son, and me). I understand its better to include an I-864A for joint tax filers since it demonstrates consent from the spouse, but I really do not want to bother him further to provide evidence of his SS benefits, he is not well. Are the taxable SS benefits listed on their tax transcripts acceptable if we go this route or must we provide further evidence? I also understand if you provide transcripts, you must not submit W2's since they are joint tax filers and are both consenting through the I-864A. alternatively Do we we only include her (MIL/joint sponsor) current annual income as the household income, provide tax transcripts and W2's and recent pay stubs.(Does this have to be 6 months worth? She gets paid weekly, that's a lot of pages) Additionally I could then just fill out a I-864A for FIL, put 0 for current annual income on his form and hers , this might satisfy IO's concern for consent and avoid having to get SS benefit documents? I am aware no matter what we do, since they are joint tax filers, you always fill in the exact figure of line 22 on 1040 for Part 6, line 24a on the I-864 form. 1 last question, I honestly believe the RFE was unnecessary and the IO didn't examine my wife's petition thoroughly, he/she probably just saw no taxes filed for 2017 and sent RFE immediately. She did not file because she did not earn any income whatsoever during that year. We explained this in a letter, also that she started working again in April '18 and based on her salary would meet the poverty guidelines by 4 x, we provided pay stubs, employment letter. Since submitting original application she has taken on a new job with even better pay, she has recently filed for 2017 even though the figures were zero. Now would it be advisable to include an updated I-864 for her reflecting her new pay stubs and/or job letter, tick the yes box asking "have you filed for the 3 most recent tax years" and just put a zero for the 2017 amount and additionally submit her mother as a joint sponsor, in case they for some reason don't bite based on her application alone? Phew what a mouthful, sorry about that just don't want to get denied and so many ways to go wrong with this stuff. Happy Halloween folks.
  15. Hi everyone, I am struggling to get this figured out 100%. We got an RFE for I-864 (wife didn't make the poverty guidelines for some strange reason) and have decided to use my wife's mother as a joint sponsor, she files as married filing jointly, her husband (my FIL) is retired and earns roughly $6.8k in SS benefits and $500 in dividends/year as indicated on their 2017 tax transcripts. My MIL makes about $57k in wages currently as per her recent pay stubs. Okay so I know she has to fill out I-864 form but this where I get stuck: Do we include FIL SS benefits and add him to the household income even though she makes more than enough without it? Her household size = 4 (herself, husband, son, and me). I understand its better to include an I-864A for joint tax filers since it demonstrates consent from the spouse, but I really do not want to bother him further to provide evidence of his SS benefits, he is not well. Are the taxable SS benefits listed on their tax transcripts acceptable if we go this route or must we provide further evidence? I also understand if you provide transcripts, you must not submit W2's since they are joint tax filers and are both consenting through the I-864A. alternatively Do we we only include her (MIL/joint sponsor) current annual income as the household income, provide tax transcripts and W2's and recent pay stubs.(Does this have to be 6 months worth? She gets paid weekly, that's a lot of pages) Additionally I could then just fill out a I-864A for FIL, put 0 for current annual income on his form and hers , this might satisfy IO's concern for consent and avoid having to get SS benefit documents? I am aware no matter what we do, since they are joint tax filers, you always fill in the exact figure of line 22 on 1040 for Part 6, line 24a on the I-864 form. 1 last question, I honestly believe the RFE was unnecessary and the IO didn't examine my wife's petition thoroughly, he/she probably just saw no taxes filed for 2017 and sent RFE immediately. She did not file because she did not earn any income whatsoever during that year. We explained this in a letter, also that she started working again in April '18 and based on her salary would meet the poverty guidelines by 4 x, we provided pay stubs, employment letter. Since submitting original application she has taken on a new job with even better pay, she has recently filed for 2017 even though the figures were zero. Now would it be advisable to include an updated I-864 for her reflecting her new pay stubs and/or job letter, tick the yes box asking "have you filed for the 3 most recent tax years" and just put a zero for the 2017 amount and additionally submit her mother as a joint sponsor, in case they for some reason don't bite based on her application alone? Phew what a mouthful, sorry about that just don't want to get denied and so many ways to go wrong with this stuff. Happy Halloween folks.
  16. For those people who have had to prove their spouses domicile and also did electronic processing through CEAC... did you attach your domicile evidence to the i-864 as “supporting” documents on the website? Or do you just bring this to the interview?
  17. I am applying for adjustment of status through marriage. I am currently allowed to work and stay in the US through DACA. I make enough to be considered 125% above the poverty guidelines. I know the I-864 form has to be filled out by my spouse, but there is a section where the sponsor, whether it be my spouse or a joint sponsor, can take my income into account to meet the guidelines. So I'm wondering if I really need a joint sponsor or if my spouse can file as my sole sponsor and then just take my current income into account?
  18. Hey , i have few questions regarding my mother-in-law's petition for her Mother. She has filed i-864 and her Son who is living in the same house as a household member has filed i-864A. Her son's income is more than the poverty guide line. Still mumbai (India) consulate has denied her case. They are asking for other Joint sponsor or other Household sponsor etc. So i just want to make sure that we did everything right. (1) As per my understanding that every Petitoner has to file his/her own I-864 , even though they make zero income. Is this right ? (2) If the petitoner's income is not enough(or $0 income) then they can use the household member's income by using I-864A ? So what should we do now ? Can we call NVC or DOS or Consulate and ask them or tell them everything is correct ? Please share ur knowledge. Appreciated any help.
  19. Hi VJ'ers, So we got an RFE for our I-864, apparently my wife (USC) did not meet the poverty guideline blah blah blah standard message. The problem really is, I think, she did not file for tax in the 2017 tax year because we were living together in South Africa and she was earning no income whatsoever. We moved back to the US in April and she took a job as an RN, her salary is way more than the required figure. I think the IO probably didn't examine our letter explaining why she didn't file that year and just saw the 2017 box as blank and immediately sent out the RFE. We also provided a letter of employment and 6 of the most recent pay stubs to substantiate our annual household income for 2018. Further we submitted her 2016 and 2015 income tax copies along with W-2s etc, which were all comfortably over the guideline requirement. Anyway, I don't think it worth trying to fight USCIS we would rather just add her mother as a joint sponsor and avoid our application potentially being denied as suggested in the RFE. So I have a few questions on how to go about this: Her mother (a nurse) earns roughly 64k, she files jointly with her husband (my wife's father) but he is retired and only earns about 6K in taxable SS benefits and another 3k in dividends and interest as stated on his schedule B. So should I do a I-864A form for him just because they are married and file together, or would you only do I-864 for the joint sponsor since her income is sufficient and she has W2's for 2017,16,15 to prove it? Bear in mind her household income will show less than the 1040 line 22 figure since her husband files some income too. Also do you suggest my wife sends in her I-864 again along with the joint sponsor I-864 and potential household member I-864A. Since originally filing we have moved to the West coast and she has taken on new employment with even better pay, we have already updated our new address with USCIS, but since we just moved she hasn't received any pay stubs as of yet. I am sure she could get HR to write something up for her, but wondering if its necessary to send anything at all concerning her because we are relying on her mother, the joint sponsor? Thank you for reading, appreciate any insights on how to proceed.
  20. Question for the I864 For those of you who sent an IRS Transcript in lieu of a photocopy of the actual Income Tax Return, did you send a photocopy of the transcript or an actual transcript? The instructions are a little confusing in that it says you must send either an IRS Transcript or a photocopy of the Income Tax Return. It doesn't say that a photocopy of the IRS Transcript is acceptable but it also doesnt say it must be an original either....it goes on to say... "You are not required to have the IRS certify the transcript or photocopy unless specifically instructed to do so by a Government official; a plain transcript or photocopy is acceptable."...and by photocopy it seems it is referring to the Income Tax Return photocopy.  Still doesn't say if a photocopy of the Transcript is fine for the application and save the original for the interview...kind of worried because I'll have to request a third one this year if I submit this original.... I know they say always submit a photocopy rather than an original BUT you would think they would have stated an IRS Transcript and included the word "photocopy" like when they did so when stating "photocopy of Income Tax Return". Advice?
  21. I'm sure this has been asked ten million times but that just means somebody has to have an answer that I can't seem to find. We are NOT planning to submit all three previous year's IRS Transcripts, only the most recent. So that means we will definately fill out Part 6 Question 23.a as "Yes" that we have filed the previous three years. We will ignore 23.b.as we are NOT submitting the two other previous years. BUT for 24.a, 24.b and 24.c, do we still have to answer all of them if we are not submitting all three years or can we just answer 24.a with last years income reported and put "none" for 24.b and 24.c for the two previous years beyond last year?
  22. Hi all, I am a USC, filed I-130 for my wife and soon will be filing I-864 to NVC. Question: what exactly do they want to see as my income so I can meet requirements? Do they want to see all money that I earned or they want to see IRS transcripts only? THe thing is that in 2016 I made more than enough (70K+) and I have my W-2 from my employer. I do not own IRS anything because taxes were already cut off from my checks. By circumstances, I won't be able to file 1040 for 2016 to IRS before I send my I-864, so I won't have tax return transcript while mailing I-864 to the NVC, so I can only show W-2 for 2016. It makes no sense to show 2015 because I did not work that much to make enough that year. So, can I show just W-2 and my explanation letter that I don't owe anything to IRS so I will file my taxes later and thus there's no tax return transcript for 2016? Or I MUST 100% show tax return transcript for 2016? After all, is it correct that they need to know how much I made? Is W-2 enough for them? Please clarify. I've read I-864 instuctions but it's not that clear there to be 100% sure. Thanks!
  23. Hey everyone, I received my interview appointment letter today, only 2 weeks after my EAD came through (feels surprisingly quick??!) and I/we have our interview scheduled for October 10th, a little over a month away. We only just opened the letter and read through everything but I instantly had a pretty important question. My wife filled out the I-864 Affidavit of Support and we submitted that with the I-485 application back in March. I understand that I don't need to bring a new I-864, having already submitted one (though I will of course bring a copy just in case) BUT in a weeks time my wife will be leaving her job to start a new business. Are they going to ask us/her whether her information for the original I-864 is still up to date? Will we need to provide proof of income for the new business? It's a start-up so besides the money we have to put in the business in the first place, we won't have any evidence of income to show. Is that going to be a problem? She potentially has the option of staying on at her old job for another few weeks so that she would technically still be employed there at the time of the interview. It's not ideal as our new business really needs us to focus fully on getting everything set up for our proposed launch mid October. I guess I'm trying to find out whether my wife has to stay at her job and/or, whether us starting a new business is going to be a problem in the interview, having already submitted the I-864 with information about her current (soon to be old) job. We would really appreciate any help or guidance you may have on this one. We weren't expecting the interview anywhere near as soon as it is and although it's great that it's happening so quickly, it's coming at a super awkward time with our financial situation... Thank you in advance, Peter.
  24. Hiya fellow VJers, We got an RFE for our I-485 form requesting for our joint sponsor's I-864 (affidavit of support) that my husband had overlooked. We'll be sending this form out, but I wanted to confirm with anyone who had their I-864 sorted: the primary sponsor submits his own I-864, while a joint sponsor also sends her own I-864 but not an I-864A form, right? (Our household is only the 3 of us) Thanks in advance for any info/help
  25. rickster26ter

    I-864

    Hi! We need some help! Additional information: 1. Petitioner is me, USC 2. Beneficiary is my spouse As you can see in the photos attached (I-864 affidavit of support form) part 3 no.29 tells you to enter the total number of immigrants you are sponsoring on this affidavit. In our case I enter “1.” Determining the household size: On part 5 no.1 I am told to enter the number of persons I am sponsoring on this affidavit, which is the same as part 3 no.9, so I enter = “1” Now this is where the confusion starts: part 5 no.2 yourself = “1” (I am part of the household) part 5 no.3 says if you are currently married enter ‘1’ for your spouse = so I enter “1” part 5 no.8 tells me to add together part 5 nos.1-7 so I put = “3” there’s a specific instruction that YOU CANNOT COUNT ANY MEMBER OF YOUR HOUSEHOLD MORE THAN ONCE, so my question is: is my household size “3” instead of “2”? My spouse is also the intending immigrant so it only makes sense that my household size is 2, me and my spouse. But the instructions tell me to add together everything. PLEASE SHED SOME LIGHT ON THIS MATTER!!! THANK YOU!!!
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