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Found 74 results

  1. I am a US citizen filling out the I-864 for my spouse and 2 stepchildren, each of whom have their own approved I-130's. One of my stepchildren is a minor in his place of domicile (India), the other is a major (over 18). I read here "do not have to count as part of the household size anyone for whom you filed a separate I-130 petition". Also here: "If you're signing a separate affidavit of support for someone else at the same time you're signing this affidavit, do not count that person." and finally here "A sponsor does not have to include people on other I-864s who have not yet immigrated to the United States" So my question is - do I include my spouse on my two stepchildren's I-864's in part 5, Item 3 (enter 1 for spouse), and do I include my minor stepson in my spouse and stepdaughter's petition in part 5 item 4 (dependent children), or not, since I am filing all three petitions together?
  2. Hello Everyone I have few questions regarding my parents RFE. I am applying for them from USA as they are here. I have applied for their I-130 and i-485 separate in Feb, 2022 and they got an RFE asking for Affidavit of Support. My question is: 1. I and My wife do the tax return jointly, so should I add her name as i-864A. I make just above poverty line for family of 5. 2. I did my parents separate i-130 so what should I do in i-864 Part 5 (so in my family it is (3)ME + MY WIFE+ MY 6 Month Kid), and my Mom-Dad. 3. USCIS check as family of 4 or family of 5? 4. Should I send 1044 (30 page) and W-2, or should I add 1099 as well? Hope I didnt miss anything. Thank You in Advance
  3. Hi, I wanted to see if anyone can clarify some questions I have about the NVC/Consular stage for a marriage based visa. My husband is my sponsor and we filed the I-130 which was approved in May 2022, it was then forwarded to the NVC and we submitted all of the required documents in June. When we submitted our I-864 paperwork, my husband was employed and his annual income covered the threshold needed to sponsor me, but he has since lost his job, and due to some personal things going on in his life, he may not be able to find another job before the interview. His income has been cut off, so now he will not make enough this year to sponsor me on his own. His mother lives at the same residence as him and we saw that you can combine a household member's income so that together it covers the threshold. What I'm wondering is can I bring an updated I-864 and I-864a plus all the required docs for both of them to the interview and can they make a decision on the spot based off that, or will they require me to wait to process it further, and will I have to do another interview because our situation has changed? Also wondering if it is acceptable that my husband will be unemployed by the time I get to my interview. Is he required to be employed even if he is combining his current income with his mom's? Thanks for your help!
  4. My now-husband came with a k1 visa. We married and now we are filling AOS. I haven't filed taxes for this year yet but my father has and he will be my joint sponsor. We live in the same house as we share our rent. From my understanding is that my father and I both need to file form I-864 and we both need to sign form I-864A. Correct? The confusing part for me is that my dad files married-jointly with my mom, who also lives with us but she's never worked. She has no income. So I'm not sure if she should also file a form I-864A.. I won't be using her income as she has none but she still files taxes with my dad. Is a form I-864A needed from her? or just my dad's will be enough? Thank you in advance
  5. I (F, Greencard holder) want to start applying for my husband's (M, Visa B2) Greencard process. We are aware that we should start with i-130. However, for now I don't have enough means to become the only sponsor to him. Hence, my husband's stepfather (former Navy, American citizen) is willing to become a joint sponsor. Do we submit everything at once? Or only when requested? I am a bit confused.
  6. Thanks. That's a useful piece of information! Can you provide a source for that? I am in a more difficult situation. My wife (petitioner) and I (beneficiary) are going to file coming week. For now, we're both in the Netherlands, but she might move within her American company into a post-PhD program that will start next year (around or just before we will enter the US). Which will put our US income (only on her name) on 120k+, meaning that it will provide above poverty line for both of us, for the coming 12 months. Would that be sufficient to count in and how can we proof such a thing?
  7. Hola! Tengo una duda muy grande. Estoy haciendo petición de ajuste de estatus para mi esposo. Tenemos que llenar otro formulario I-864 con nuevo patrocinador, porque lamentablemente no calificamos porque mis ingresos fueron de $24,000 (somos 3 en la familia) en el 2021 mis ingresos bajaron, Anteriormente, mis ingresos fueron en el 2019 y 2020 $40,000 por cada año. Actualmente, tengo un buen trabajo y mis ingresos van hacer mayores de 40,000. La fecha limite para enviar la información de nuevo patrocinador es el 17 de septiembre. Qué sucede con la petición de ajuste de estatus y permiso de trabajo si no podemos conseguir un patrocinador? Tenemos que volver a comenzar el proceso de zero? Habría consecuencias negativas para mi esposo si dejamos pasar la fecha limite? Debemos de esperamos hasta que yo vuelva a llenar mis impuesto del 2022 en el 2023 y poder enviar los nuevo ingresos. Tengo una propiedad (casa) totalmente pagada, esto me puede ayudar con la I-864. Estamos preocupados. Por favor si alguien nos puede responder las preguntas. Gracias
  8. Hello! Last year my sponsor’s income was extremely low due to covid. This year he got a new job, and his salary is high, but since they ask to provide his last year tax return, to prove the income (which doesn’t make any sense, how can his past income prove he is eligible to sponsor me now) the income, shown there, it insufficient to sponsor me. Is it possible to use his current income for I-864 instead of the one listed on the last year tax return? What documents should he provide to prove that his current income is enough to be my sponsor?
  9. Hello everyone. I am a U.S. citizen living and working abroad, and I am filling out the I-864 for my spouse for the CR1 visa. As my income so far in 2022 is entirely from my job overseas, am I still allowed to include this in my "current annual income"? I have read the entire instructions of the form as well as the FAQ's on the state department's website and it doesn't say I cant. The only restriction comes from using the intending immigrant's income as it must continue from the same source after immigrating. I haven't been able to find anything stating that a U.S. citizen sponsor isn't allowed to use foreign income ( I mean, I will have to file a U.S. tax return on this foreign income and it is subject to U.S. taxes so I don't see why I cant use it). However, I have read on this forum that I am not allowed to use it. Could someone provide me a source for this reasoning on not being able to use my foreign income? Thanks a lot everybody:)
  10. Hello I-864 aficionados, For K1 to AOS filing using I-864, and filing from within the US, https://www.uscis.gov/i-864 the USCIS site says: Why does it say file with the Dep of State when we are sending the I-864 with the I-485 to USCIS? I didn't see any mention of fee on the Dep of State site? https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html Is there a fee for the Department of State that I am missing? Thanks for any response.
  11. Hello I-864 experts, I requested from the IRS (800-908-9946, the website did not work for me) my tax transcripts to be included in my I-864. It kept asking for the "Customer File Number", but I could not find the "USCIS Customer File Number" online. Did anyone find the CFN? Or did anyone else leave this blank when requesting the tax transcripts? Thanks in advance for responses.
  12. Hello I-864 experts, I am using the current I-864 form (Edition Date: 12/08/21, Expires: 12/31/2023), and our household will just be my principal immigrant spouse and myself, which equals to 2. Part3 #29 auto-fills to Part5 #1, which then auto-calculates to Part5 #8. So I input, Part3 #29, 1 for my beneficiary spouse ("includes principal immigrant"). Part5 #1, auto-fills to 1 from Part3 #29. Part5 #2, 1 for myself. Part5 #3, 1 for spouse. Part5 #8, auto-calculates to 3 (NOT 2, but 2 is the total in my household). Did I do this correctly? The difference in the 1.25 X Poverty level guidelines for household of 3 (28,787.50=1.25*23,030) compared to 2 (22,887.50=1.25*18,310) is not a problem for me. https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines However, I'm afraid that I will get an RFE for not having the right household number, and can not fix this because of the auto-fill and auto-calculate function in the form I-864? How have others with household of 2 input these items in the I-864? Thanks in advance for any response. Part3 #29 Part3 #29 instructions Part5 #1-8 Part5 #1-8 instructions
  13. Hi all, After doing some research we still had some questions on filing the Affidavits of Support. If anyone has answers to any of the questions below, it would be greatly appreciated 😊 Here's the situation: I (US spouse) live in the US with my parents as a dependent. I am the Petitioner for my German spouse. Dad is Joint Sponsor. Mom is Household Member. As I understand it, dad and I each file a Form I-864. Mom files I-864A since she filed taxes jointly with Dad. 1) Should I list future living stipends from college as income, even if it's not sufficient to sponsor my spouse (hence having the joint sponsor)? I am getting a living cost stipend and will take out student loans when I begin grad school in August 2022. I am unemployed and have no income at the moment, which is why I assume the joint sponsor and I both file I-864 as opposed to I-864A. If future living stipend + student loans do count as income, does that mean we file Form I-864A instead? (since we would be combining household incomes?) 2) On Form I-864A, Part 2, Item 1c (relationship to sponsor), does Mom answer "spouse" or "parent"? AKA is form asking about her relationship to Petitioner (me) or to Joint Sponsor (Dad)?
  14. My spouse is petitioning for me, and she didnt meet the porverty guidelines. I asked my brother whos in the military to be a joint sponsor for me, but he is now petitioning for our mom and is also married making his household size 3 currently. I know that when he fills out form i-864 for me he will have to increase that household size to 4, so his income won’t cover for me. The option we have is to include the housing allowance that he receives which is $1050 a month, so that his income would increase. I talked to a lawyer today and she recommended not to do that and get another joint sponsor, but as you may know that’s now so easy. His income for 2021 as it is stated on his tax transcripts is 30k When we added up the amount of allowance he gets in a year that income went to 46k But that $1050 amount is only reflected on his LES (leave and earnings statement) How would i go about proving to the immigration that he can meet the guidelines on the forms? should i get a letter from his employer? And also add together his montlhy income+LES and multiply by 12 so that would be his current income?
  15. Short summary, I came here on Visa waiver. Got married. Filed for adjustment of status with wife and MIL join sponsor. I was given an RFE for proof of status of the joint sponsor. We sent in her birth cert originally but it was old and the seal was impossible to see in the photocopy. Figured that might be why it was rejected. But it also has her maiden name listed on it and we filed with her current legal name, her married name. We ordered a new birth certificate and figured we'd send a copy of her marriage certificate along with it. Unfortunately I found out today, she's only listed as her maiden name on the marriage certificate and it doesn't mention the name change. It does show her husband listed with her new married name though, is that enough? I know we could file for a new passport and that would cover it but the evidence needs to be submitted by June 27th and her expired passport is a decade+ old so I think we'd need to go through the full new passport process. We're also moving and I have exams in June so we can't really add more to the plate. My core questions are: 1 - will a full birth certificate showing a seal be valid even though it shows her maiden name? 2 - if not will the marriage certificate with her maiden name but showing her husbands last name being the same as her current legal name be enough to prove her name changed? 3 - Am I worrying about nothing or should we expect it to be rejected? 4 - What is the process if it is rejected, will we get another RFE or should I prepare to file a motion to reopen with a different joint sponsor or even just refile? Thank you very much for any advice. This website has been a godsend throughout this whole process.
  16. Hello! I'm filling out Form i-864 Affidavit of Support for my spouse. She is Ukrainian, and due to the war, is currently in Germany, waiting for the rest of her visa paperwork to process. Item 2.a. in Part 1 of the form asks for her Mailing Address. Typically, we've been filling in her Ukrainian address on her other forms, even though she isn't "currently there" due to the war. Should we fill in the same thing here? Or should we use her current address in Germany? For anything that requires her to be sent actual mail, we would fill in her German address. I just don't know if the address entered will actually be used for any real mailing purposes. Any insight would help! Thanks!
  17. This question is often asked when interviews fall in April or May, right after a new tax filing season deadline. The guidance for interviewing officers is found in the Foreign Affairs Manual. It indicates that the “most recent tax return” is the one filed prior to signing the I-864. It does not indicate a newer return must be supplied at the interview if a new tax season has closed before they got around to interviewing you. Here is the whole document for reference: 9 FAM 601.14 AFFIDAVIT OF SUPPORT https://fam.state.gov/search/viewer?format=html&query=I-864&links=864&url=/FAM/09FAM/09FAM060114.html#M601_14_13 Selected excerpts include: 9 FAM 601.14-6 REQUIRED SUPPORTING EVIDENCE b. Required Documentation: The sponsor(s) must provide the following documentation to satisfactorily complete Form I-864: (1) Sponsor's Federal income tax returns for the most recent tax year: (a) Each sponsor must submit with Form I-864 a photocopy or Internal Revenue Service (IRS)-generated transcript of the most recent income tax return that the sponsor had filed prior to the time of the AOS signing. 9 FAM 601.14-16 CHECKLIST FOR PREPARING THE AFFIDAVIT OF SUPPORT d. Documents for the Principal Immigrant and Accompanying Dependents: (1) Principal Applicant: (a) Original or copy of Form I-864 and Form I-864A, Contract Between Sponsor and Household Member (if needed); must be signed (not required to be notarized). (b) The sponsor's most recent Federal income tax return filed prior to the time of Form I-864 signing is needed for each principal immigrant.
  18. So, i was wondering if i could have some advice. I recently filed for Adjustment of Status from a K-1 visa, and had my biometrics scheduled. However, today I received a request for evidence. It's pretty vague, and i will include the first page as an attachment but essentially they are saying we need a joint sponsor, but we included our joint sponsors signed I-864 plus an employment letter, 3 months of pay stubs and bank statements. I THINK the issue comes from the fact we didn't include his 2021 tax transcripts as he hasn't filed yet (long story IRS screwed up and they had to fix an error and it took a long time), we only included his 2020 tax transcripts, which was completely my fault and i'm happy to send in the W-2's, 1099's and form 2555. I'm just looking to see if anyone thinks that's the issue too? and should i just upload the whole financial package again including my wife's I-864 and tax transcripts + joint sponsors I-864 and tax documents? it's difficult because basically the letter said my wife doesn't qualify as a sponsor because of her income, not that the joint sponsors information was insufficient. That's just what i'm assuming... Any thoughts would help a lot! I always get so anxious because I feel like we filled the form out wrong, so advice is very much appreciated!
  19. I want to start the process but am a bit unsure on how to submit these forms. I don't have a substantial income yet, so my husband's stepdad ( he is an American citizen, my husband only has a visitor's Visa) would step in as a joint sponsor. Do we submit the 130 and two 864 forms (one for me, the primary sponsor, and one for his stepfather, the joint sponsor) concurrently? And one info that has been conflicting, depending on who we talk to: should we make an album with our pictures?
  20. Hi Guys, I am sponsoring my parents in their IR5 visa, While filling I-864 I made a mistake, instead of putting country of Domicile as USA, I put my home country Pakistan as country of domicile, reason behind I was thinking domicile meaning is country of birth. I have already sent the forms, Let me know what should I do now? Thanks
  21. Based on what I've read, it looks like I can file the I-864ez (two copies) in my situation: I-130 CR1 for my wife (she is the only one on the application) I-130 CR2 for my step-daughter (she is also the only one on her I-130) My understanding is that if the daughter was a derivative on the wife's I-130 then I would need to file the I-864. I just have not found anything that specifically says the I-864ez can cover two I-130s. Thanks.
  22. Hello everyone. After submitting all the requirements and supporting documents to NVC, they all have been accepted except they left me this message: ”IRENE does not meet the minimum income requirement to sponsor the intending immigrants for this case. The consular officer will make a decision regarding this requirement at the time of the interview. For more information, please visit https://www.uscis.gov/i-864p. To avoid delays, an additional Affidavit of Support Form I-864 for a joint sponsor may be submitted. FINANCIAL SPONSORSHIP RESPONSIBILITIES: Financial sponsors, joint sponsors, and applicants should be aware of responsibilities when signing an I-864 and the consequences for a sponsored immigrant's acceptance of federal means-tested public benefits. For more information visit https://nvc.state.gov/aos.” I’m currently a soldier in US ARMY and my wife is the immigrant. After my researches I found out that as a service member my minimum annual income required is $17240 for a household size of 2. Except not my last 3 years income meet that requirement. Here are my last 3 years of income: In 2017: $19378 (Okay) In 2018: $4939 (I have at during this year full time and didn’t meet the requirements) In 2019: $13401(I was already in the military and was deployed to Kuwait for 6 months and was getting paid with free tax. So in 2019 I only filed tax with the other remaining 6 months I was in states paying tax.) NVC told me it’s only the recent year income which is required. My question is should We get a join sponsor or just go to the interview with my deployment order as support document event knowing we already provided it in the accepted documents. Thanks!
  23. Hi, can someone tell me what part of the tax transcript to treat as income? On my husbands 2020 transcript on the front page it says income wage, salaries, tips etc: $ Then under tax and credits it says; taxable income per computer: $ the amounts differ by $20,000! which one will the NVC count as his income? a). wage, salaries, tips etc b). taxable income per computer ($10k more than wage, salaries, tips etc) I understand I need to upload the entire tax return document (1040), I’m just wondering which figure they will use, as this will determine if we need a joint sponsor… Thanks in advance!
  24. I’m preparing to file NVC AOS, what will be considered my most recent tax year, will it be 2021 or 2020?
  25. Hello everyone, I hope you are doing well. So the other day I got an RFE for my AOS application and I see 2 points. In the first point they are asking for evidence of the joint sponsor status that I had already included (Copy of Form I-551, Permanent Resident Card) but I think they may have lost the copy. So I understand that maybe you need to send the copy again, right? and the second point is where I get lost, they said " and then but I already have a joint sponsor, why do you want to determine if my wife is qualified? What do they mean or should I do? i need to send evidence, so they could determine my wife is not qualified?. or i send again the whole i-864 with de supportive documents for my wife? ps: i upload the RFE
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