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Found 114 results

  1. Hello. I couldn’t find a clear answer below. So here goes my question in short. I want my sister to file joint sponsor but I don’t want to live with here. We want to live wife my brother. However, my brother can’t joint sponsor for personal reasons. Is this possible? One more question. Let’s say we moved with my sister and she sponsors us, then how long do we have to live with her before moving? Either to our own place or with a relative? Thanks
  2. 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.
  3. 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.
  4. Hello, I have the following situation - - I worked in the US, got married, and got my green card thru' IR-1. - After I had worked for over 10 years in the US, we moved back to India. - My green card has now lapsed and my husband has filed I-130 for me again. - I have an old annual SSA statement (from 2015) which documents that I have over 40 qualifying quarters of SSA coverage. - My husband also worked for over 10 years and accumulated over 40 quarters of coverage while we were married and living in the US. My question is: - Can I file I-864W instead of my husband filing I-864? - If yes, can I submit the old SSA statement as documentary evidence for the same? Since the I-864 mandates that my husband is obligated until I receive 40 quarters of coverage, it seems to me that filing the I-864 would be invalid in our case. Thanks for any help!
  5. Hey all, I'm a F-1 student currently on OPT with OPT extension still pending. I got married to a US citizen back in May and have been gathering documents myself for the AOS application. I stumble upon Form I-864 and have questions: - My spouse doesn't earn enough so I (the intending immigrant & spouse) will also use my income. On Form I-864 Pg.4 (Part 6 Item 10) it says "current income" so does that mean my current gross income (50k) or my adjusted gross income (45k)? - My employer gave me an Employment Verification Letter and in that letter it says "Her annual salary is 55k..." Is it going to confuse USCIS if I end up putting the AGI of 45k in Form I-864 Pg. 6 (Part 6 Item 10)?
  6. Hi everyone, I have gained a lot of super valuable information from this forum, and appreciate everyone’s comments, advice, and wisdom. I have questions about how to proceed with reporting income and about our plan for the I-864 Affidavit. Quick primer on our situation; Me - American citizen, wife - Japanese citizen We live in Japan, got married here, and have had two children here. The children have US citizenship. We are immigrating to the US and applying for a Green Card for my wife through Consular Processing and have successfully submitted our I-130. Our case is now at the National Visa Center, and we are getting going on the I-864 Affidavit. I have a job here, as does she. As we will be immigrating next summer (hopefully!), neither of us has income secured for once we arrive in the US. Furthermore, my US income tax returns going back to the beginning of my stay in Japan (20 years!) lists my adjusted gross income as $0.00, due to the Foreign Earned Income exclusion. Question 1) how do I report income on the I-864? I assume I’ll be listing my income as 0.00, since a) the instructions state that it should be income going forward, i.e. income that can be used to support my wife so she doesn’t require state support, and b) that’s my adjusted gross income according to my income tax returns. Is this the correct assumption/interpretation/path forward? Question 2) I have assets in the States but barely enough to cover the threshold the officers reviewing my case will (presumably) want to see, so I have enlisted my sister and her husband as joint sponsors. Funny enough, earlier this year my sister quit her job and returned to school to get an advanced degree, so she has plenty of income from past years but nothing now or going forward. I assume therefore her income as far as NVC is concerned is 0.00, which means we’re planning on having her husband the be actual joint sponsor for my wife’s case. My sister would be the Household Member since her and her husband file their taxes jointly (as I have understood advice I saw elsewhere on this awesome forum, even if my sister can’t materially support my wife, she should still be a part of the process through the I-864A, as her and her husband file jointly). Me (sponsor) - I-864 and supporting docs Brother-in-law (joint sponsor) - I-864 and supporting docs Sister (Household Member) - I-864A and supporting docs Is this the correct assumption/interpretation/path forward? Thank you all so much for your consideration!
  7. I have read on a few attorney websites that you are unable to use assets in lieu of income in order to meet the income requirements for the K1 visa, however, I have read opposing statements as well. For our situation, we both live overseas in Europe as masters students(free tuition) and have only part time foreign income. From what I understand we can only use US based income for the I-864 and therefore, we would need to use 100% assets. I have 78,000$ in liquid assets (cash, stocks etc) and about 50,000$ in property (personal property and 3 FAA registered airplanes). My fiancee also has 15,000$ in liquid assets. We are worried about potentially being denied the K1 visa as I dont have US based income, and only using assets to qualify. Does anyone have any advice or experience in regard to this? Has what I have said correct?
  8. I hope somebody can help me! I have my interview in 15 days! My sponsor is Retired so it’s a little different with the bring 2 months of paystubs and w2s he doesn’t have those. He gets monthly income from Social Security and then he gets income from Investment Retirement, he draws one big sum of money once a year and he does that mid February.. So I’m kinda confused what to bring bc he doesn’t know until mid February what he will draw from his retirement for his income for 2021 and my interview is first week of February and second can couple months of bank statements be good to show what Social security deposited as income? He usually gets that paper that social security sends to show what his monthly benefits will be for the year but he hasn’t got that yet!
  9. Hi everyone, I moved to US in April using K1 visa and getting married in May and just received 3 NOAs (I-485, I-765 and I-131) 2 weeks ago. I read some posts here saying using assets only in I-864 affidavit of support is not the best option but now me and my wife has no job and her assets ( more than 90% is cash, others are securities) is more than 5 times of the HHS poverty guideline. Is anyone having experience on this situation, I am just worrying my aos will not be approved. Thanks everyone.
  10. Hello everyone, My wife has two kids, one is my daughter and another is my stepdaughter. They all live overseas. I also have two boys (14 and 7) from previous marriage. I filed two separate I-130 petitions. one for spouse and another is for stepdaughter. I am preparing two separate I-864. What would be household size in my case? Looks like on spouse I-864 is 5 but on stepdaughter I-864 is 6. Am I correct?
  11. Last week i have Filled 2017 Tax Returns as Single While IR1 visa in Process. Last year i also have filed as single and NVC has no issue with it. We are going to submit i-864 at US embassy my question is that is there can be any issue regarding this? If we must have to amend that tax returns as married then how much time it takes?? Please Help!!!
  12. Hello, I've an interview for my K-1 in London coming up and on my document checklist that I was sent by the embassy, they require I bring along an affidavit of support Form I-864. However, I thought that form was for adjustment of status and that I-134 was for K-1? I was also told by an immigration lawyer (of a very respected immigration law firm in the US) that an affidavit of support is not a requirement for K-1 (though it is often submitted) - which seems sense to hold truth, since K-1 is for marriage to a US citizen in the US and does not give right to permanent residency, only as a way for adjustment of status to permanent residency, etc. (i.e. there is the possibility of married couples through K-1 not staying in the US, but moving back to the beneficiary's home country straight after). I cannot see why an affidavit of support is a requirement for the interview stage, especially before another affidavit of support is required at the stage of adjustment of status. As my fiancée, the US citizen petitioner, is not yet an immediate relative or spouse, the wording that they give seems to be for other K visas, spouse visas and immediate family visas: "submitted for immediate relative and family-based applicants". The link to the page, in which this is found, is the following: Appointment Notification | U.S. Embassy & Consulates in the United Kingdom (usembassy.gov) - this is also the page stating that Form I-864 is required (there is no mention of Form I-134). So, could anyone please clarify which it is for the K-1 interview: I-864? I-134? Or neither? Thank you for your time and assistance!
  13. Hi guys, I have got married to my husband, a U.S. citizen. He has 01 daughter living at the same residence. My current status is a Green card holder. Im sponsoring my 02 chidlren with two separate petitions. Currently, their cases have been approved by USCIS and are now at NVC phase. I am working on my I-864 forms and have some troubles with determining my household size. Right now, I have two solutions, but I am a little bit confused and unsure which of them I should go for. 1. My household size is 5, including me, my husband, his daughter, and my two children, in both cases? (01 is the primary principal and the other is added as another dependent at Part 5 -5) or, 2. My household size is 4, including me, my husband, his daugher, and 01 of my children, in each of the two cases? I know that my household size is 5. But, it is quite confusing when I work on the I-864 forms because I have 02 applications. I really hope to receive some opinions from members of Visajourney. Thank you so much for your reading,
  14. Hello! Filing for Adjustment of Status and I-864 for a spouse in (mid) 2021. No dependents. My "current" (for year - 2021) income is above poverty guidelines. My 2020 income is also above the poverty guidelines. But 2nd most recent and 3rd most recent years are not above poverty guidelines - because I was a student. Part 23.a. I have filed taxes past 3 years but only the most recent year meet the poverty guidelines. I will have to select yes (i.e., Yes, I have filed taxes for the past years). Part 23.b I understand that this is optional and I do not to submit the tax documents for 2nd and 3rd most recent years - So i leave this unchecked. Question - Part 24.b and 24.c - Since I left 23b unchecked, can I leave 2nd and 3rd most recent years' income as blank? Concerned because - I said yes for 23.a - that I have filed taxes for the past 3 years. Will there be an RFE because of this? Or am I just overthinking this? Or do I need transcripts for 2nd and 3rd most recent year to prove I was a student then? Any advice would be very helpful!! Thank you very much!
  15. Hello everyone, I am new to this community. Filed my AOS through marriage and got all 4 receipts (I-485,I-130,I-786 & I-131). We used a joint sponsor and household member to meet income requirements. Now the joint sponsor will be changing the address sometime next month and we will need to update their address by sending form I-865. Since the joint sponsor and household member will be moving to same location together, do we need to mail two separate forms.? There is no separate form for household member so I assume we have to send two i-865? Please let me know if someone has gone through similar or can advise on what to do. Thanks.
  16. Hello! Filing for Adjustment of Status and I-864 for a spouse in (mid) 2021. No dependents. My "current" (for year - 2021) income is above poverty guidelines. My 2020 income is also above the poverty guidelines. But 2nd most recent and 3rd most recent years are not above poverty guidelines - because I was a student. Part 23.a. I have filed taxes past 3 years but only the most recent year meet the poverty guidelines. I will have to select yes (i.e., Yes, I have filed taxes for the past years). Part 23.b I understand that this is optional and I do not to submit the tax documents for 2nd and 3rd most recent years - So i leave this unchecked. Question - Part 24.b and 24.c - Since I left 23b unchecked, can I leave 2nd and 3rd most recent years' income as blank? Concerned because - I said yes for 23.a - that I have filed taxes for the past 3 years. Will there be an RFE because of this? Or am I just overthinking this? Or do I need transcripts for 2nd and 3rd most recent year to prove I was a student then? Any advice would be very helpful!! Thank you very much!
  17. hello. i am currently filling out the form 1-864. I'm sponsoring my wife for her green card into America however because i do not meet the income requirement so my family member is going to joint sponsor. from what we understand he also needs to complete a form i-864. on part 6 item 7 he put his total income. on item 8 he put his wife's income. On part 6 item 21 it reads "The people listed in Item Numbers 8., 11., 14., and 17. have completed Form I-864A. I am filing along with this affidavit all necessary Form I-864As completed by these people." my question is does his wife need to fill out and complete the Form 1-864a, or is this an option. ive attached a picture from the form to better show my question. thank you
  18. (I've done several searches and so far have not found a clear answer, so here I am raising my hand with my question...thank you in advance!) I am filling in the I-864 form for my sponsorship of my wife and her children (my stepchildren). For the "mailing address" section of Part 2 (Information about the Principal Immigrant), I have a few questions after reviewing the I-864 as well as the published instructions. I may be overthinking this, but I felt like asking the community here would yield some great information as it has many times before. 😁 - Is this intended to be a) my wife's current mailing address in Colombia, her country of residence, or b) her address when she moves in with me here in the US following issuance of her visa? - If it supposed to be her current address, how might one signify characters other than those allowed by the form (i.e. # and -, in the case of Carrera X # X - X, etc.)? Should I simply fill it in by hand when I print it for signature (seems like the easiest option) or is there a better/more acceptable way? - For the line regarding "In care of" name, should I list her name or leave it blank? She's the only adult resident at her current address in Colombia...if this is supposed to be her address once here in the US (my address), I'd assume that I'd list myself as the "In care of"...right? Thanks in advance for your helpful insight!
  19. Hi Everyone, We're filling out i-864 for AOS but my husband filed a tax extension for 2020 (he changed tax firms/accountants earlier this year and they recommended a tax extension in light of the pandemic). We don't have a 1040 yet for our most recent tax year (2020) but we intend to provide the following: 1) a cover letter explaining why we are not able to provide a Fed income tax return for 2020 2) a letter from our tax firm confirming that they have filed for the tax extension 3) pay stubs since Jan 2021 (to show that he is earning income up to today) 4) a letter of employment to show that he has a stable job and is still currently employed (he's been in the military for 20+ years) 5) W-2 for 2020 6) 1040's for 2018 and 2019 (the second and third most recent tax years) to show that in good faith he has been filing his taxes consistently Questions: 1) Do we need to include any other tax forms for 2020, 2019 and/or 2018 (i.e.1099, etc.)? 2) On i-684, do we answer Yes or No to this question - 23.a.Have you filed a Federal income tax return for each of the three most recent tax years? 3) Any other recommendations or anything else we should be aware of? 4) How will USCIS respond to this package? (i.e.RFE and/or any other negative impacts/concerns) This probably wasn't the best time to do a tax extension but we had a lot of hurdles earlier this year in the midst of a pandemic (including a travel ban + getting married unexpectedly in the U.S.). Any help would be so appreciated. Thank you!
  20. We submitted all our supporting docs to NVC on April 3rd and were just sent a notice this Monday (May 10th) that my portion of the application was incomplete and that I (the petitioner) needed to provide all my W2s/1099s from last year to support my I-864. I logged into the portal today and see that my portion is now labeled "Accepted". Does this mean I still need to provide 1099s or am I ok now? It seemed strange they would even ask for them since I live and work abroad with my spouse (New Zealand), which should be very clear based on all the other supporting documentation and cover letter I provided. They have my tax returns that show I made a minuscule amount of dividend income from my savings accounts in the US, which isn't nearly enough to sponsor my husband's application – I have a family member as joint sponsor. Why would they even bother asking for my 1099s if they're meaningless in this application anyway? Here's the message they sent Monday: And here's what it looked like today: (Yes, we're aware of the Invalid Doc in my husband's file, it's sorted.) Another thing: 2 of our joint sponsor's docs haven't been accepted... does this just mean they have yet to be reviewed? They clearly just started our review on Monday so maybe they aren't finished? Or should I be concerned that 2/6 of the docs have no response?: Any insight or clarity would be appreciated! Thank you!
  21. Hello all, In filling out the I-864, I have encountered some questions. For my wife, who is the beneficiary, what does she fill out in part 5. of the form "Persons NOT sponsored in this affidavit"? Part 5.3. says "If you are currently married, enter '1' for your spouse." But she WILL be sponsoring me, so should she write 0? My wife is a student, however she did have a student job in the US in 2019. Should we write "I am currently employed as a student"? What to enter in "Unemployed since"? The date she quit her student job or the date she started studying? My wife lives with me in Austria, because she is studying abroad here. We have an address here, but she still has her domicile in FL. If we write our current adress in "Part 4. Sponsors Mailing Adress", will this affect her U.S. domicile? Should we enter her mailing address as her U.S. address and her physical address as our Austrian address? If we don't enter a US address on "Sponsor's Mailind Address" or "Sponsor's Physical Address", will this be a problem for proof of domicile? On the I-130, we put her current Austrian address as her current mailing address, so I wonder if we write the U.S. adress as the mailing address, will that be a problem? If we don't write a U.S. mailing or physical adress for her as the pe My joint sponsor did not file taxes in 2018, the 3rd most recent tax year, as she was still in college. Is this a problem? - Do I just write $0 in the field? - Do I need to add an affidavit saying she didn't file taxes, as she was a student? Thank you so much for any help!
  22. Hey everyone I'm slightly confused on the I-184 process. I am a USC primary sponsor for my husband. I am living abroad with him and currently do not have an income. My mother will be the joint sponsor and we have the same address. We are NOT combining incomes since I do not have one. From responses to another question I asked I should NOT be considered a house hold member. So if I am researching correctly...we would both fill out the I-864, correct? As the I-864A is for those combining income? As for my second question....when filling out the household member number would be both just put two? For mine myself and husband...for hers herself and my husband? She has a live in boyfriend but they obviously file taxes separate as they are not married. She has no other dependents, and he will not be contributing any income. I hope i'm making sense haha not sure why this part of the process is overwhelming as it seems like the most straightforward part LOL Anyways thanks for reading and any responses or advice!!!
  23. Hey everyone, I'm having a hard time finding the most recent answers to this as these forms updated recently. I submitted my husband's AOS package (I-130, I-485, I-765, I-131) on May 6th, it was received in Chicago on May 8th. We downloaded and starting working on these forms in early March so when the changes to the I-485, I-944, public charge rule updated, I didn't realize it till it the package was already sent. All other forms in our package are the latest edition, but the I-485 and I-864 are one edition old. We also included the I-944 with all evidence, which is not needed now? Should we expect a full rejection/return of the package and prepare the new forms to resend? I am worried because with the longer processing times, my husband's B-2 expires on May 22nd and I don't want him to get in trouble for overstaying. Thank you for the help!
  24. Would appreciate any advice on what to do for submitting supporting evidence with i-864 to the NVC for my spouse’s application. The Department of State website “strongly recommends” submitting tax transcript over tax returns, and there can be delays processing tax returns vs tax transcripts. I have not filed my 2020 tax return yet (I’m submitting this week), and would have to file by mail, and tax transcripts take about 6 weeks to process. My tax return for 2020 would include W-2 and 1099, as they’re not over complicated to do. I just put it off for a bit since I wasn’t expecting our i-130 to be approved so quickly. Which delay should i go with? The possible delay by submitting my tax return or wait the 6 weeks to submit my tax transcript for 2020? Any experience submitting tax returns vs tax transcripts? Additionally, I’m able to submit 2018 & 2019 tax transcripts. However, for 2018, my income was below 125% of the poverty level as I was still in college. From 2019 onward, it has been over. Would having the 1 year out of 3 being below the 125% level affect the application negatively?
  25. We received a "request for evidence" notice in the mail from USCIS with regard to our pending I-485. There was a minor error in the I-864 Affidavit of support and USCIS is requesting a corrected and updated form with our latest financial and tax information. We originally Filled in August of last year with 2017, 2018, and 2019 tax returns and W2s attached. If we update the form to the latest financial and tax documents, that would require 2020 tax returns and W2. Unfortunately we haven't completed our taxes this year because my wife doesn't have and can't get a social security number so in the meantime we are trying to get her a tax ID number so we can complete our taxes. My question is, because we haven't filed yet do we need to send our tax return from 2020 or can we just send the W2 from? I can't get ahold of USCIS to ask them.
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