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Found 109 results

  1. I'm petitioning my mom from Ukraine, IR-5 visa. We already received the day for her scheduled interview, Aug 12. Now we are trying to prepare for the interview and I'm a little bit confused whether or not she needs I-864 affidavit of support printed out and brought with her to the interview along with her other civic documents. We already submitted I-864 to the NVC and it was accepted, I don't really see why she would need a printed copy of it. Does anyone has gone through the interview already and know if the affidavit of support needs to be with the applicant? Thanks!
  2. 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
  3. https://www.uscis.gov/i-864 https://www.uscis.gov/i-864ez The 10/15/2019 editions are online. Check them out. Advise your lawyers. You know lawyers make the mistakes. Lol.
  4. Hello I am an American citizen CURRENTLY living in Germany with my German wife (we were married earlier this year in Germany) and we have undergone the Green Card process (DCF) for her so we can move to the US. I have begun filing form I-864 (Affidavit of Support) and have seen that one of the main requirements is that I must be Domiciled in the USA. As I had mentioned I am currently living in Germany and have been here for 8 months. Additionally, from January 2016 until August 2018 I was abroad in Australia and New Zealand on a temporary work visa. How can I show proof that I am Domiciled in the US? All I have at the moment is my US passport and social security number, my US bank account that I've had since 2015 (I receive monthly bank statements that show my address in the US, I do not own the home, but the home of my parents where I lived before leaving), and an address (my parents home). Would this be enough or would I need additional evidence to prove that I am Domiciled in the US? Would getting letters from my employer and landlord saying that we are only staying in Germany until my wife's green card is granted be of any help? Any and all help would be greatly appreciated.
  5. Hi! Me and my husband (petitioner) got married on a K1-visa a month ago. We are currently assembling our AOS. We are having problems with the I-864. He is currently well above the 125% poverty line, but it's a new job so it's not reflected on any tax returns. His past tax returns does not meet the income requirement, but we have paystubs and a letter from his employer showing that he makes more than enough now. Should we use a joint sponsor to be on the safe side? We are both terrified of delays, as I am beyond ready to start working! For our I-134 we used his dad as a joint sponsor, but I was told at the embassy in Sweden that it wasn't necessary. But I know the I-864 is under more scrutiny than the I-134 is. Has anyone been in this situation and can share their experience? I'd be great to hear from someone with experience so it's not just guess work. Thank you!
  6. Hello everyone, We just have a question regarding AOS and the Final Public Charge ruling and hopefully somebody can shed light to this. We're in the US and I'm the USC. I have a pending I-130 petition that I sent out back in April 25 2019. We've recently sent out my wife's AOS packet to the Chicago lockbox. Sent via USPS - Aug 31 2019 Received by USCIS - Sept 4 2019 As of today we've received nothing yet from USCIS. Will my wife be required to fill form I-944 after the Final Public Charge Rule takes effect on Oct 15 2019 if she has an RFE? We've made sure to send correctly the necessary documents. So hopefully there'd be no RFE. What do you think?
  7. Hi everyone. I am in desperate need of your advise. Sorry if this is long and confusing 😥 My husband has never been in the United States and his interview is coming up on July 18, 2019 in Ciudad Juarez. Previously, I filed the I-864 and my parents each filed the I-864a as household members, since I do not meet the income requirements (I have 3 dependents). I work full time, my dad works part time and receives social security benefits (retirement). My mom does not work, but also receives social security benefits (spousal retirement). They file their taxes joint/married. My worry is that my parent's SSI benefits will not count as income. All of their SSi benefits are included on their tax return, but I see that not all of it is counted as "taxable" income. Their "Total Income" is less than their "Household Income". If we go by the Total Income, we do not meet the income guidelines for Affidavit of Support. But if they go by Household Income, we do. Which one do they go by at the US Embassy? Lately, I have been seeing a lot of people getting denied for I-864 errors and I am confused and worried. I do not know what to do. I want to be prepared. Should I look for another sponsor? Please help. Thank you very much in advance...
  8. Hi everyone! Currently, I'm preparing form I-864 but several items still confuse me. Could someone help me, please? ------------------------------------------------------- I am a green card holder.(2019 diversity visa) Also, I just arrived the US on the end of August, and got the stamp of I-551 and a one-year temporary green card sticker on passport. Besides, my wife is a F1 student. Due to I didn't work in the US and had no income in the US before, I plan to use my total assets to meet the requirement of I-864. Now I'm working for a company in Taiwan. Q1. Part 6 Item 1 & 2 Because of I have no work and no income after moving to the US, so I fill $0.00 in Part 6 Item 7. However, I am still working in Taiwan, should I fill the name of the company I am working for and current job title in Part 6 Item 1,"I am currently employed as a/an ______ ", and Part 6 Item 2,"Name of employer" ? Q2. Part 6 Item 24.a.~24.c. Owing to I didn't work and no income in US for the past three years, so I don't need to file a Federal income tax return. Thus, I fill 24.a Tax Year:2018, Total income $0.00 and leave24.b.& 24.c. in blank. Is the way I fill 24.a.~24.c. correct? Or I still have to put 2017, income $0.00 & 2016 , income $0.00 in 24.b.& 24.c. ? Q3. about the social security number I-864 requests applicant to fill social security number in the form. However, I am still waiting for my social security card filed from SSA. I plan to write a statement describing I'm waiting for the card. Does anyone has recommended methods to explain no social security number situation? Thank you very much 😊
  9. Hi folks, I'm preparing documents in order to apply for F2A(I-130/I-485/I-864) for my wife. Unfortunately, I encountered a problem while filling the form I-864. The instruction of I-864 states applicants must provide their Social Security Number, but I don't have one. I I don't have a SSN because I'm waiting for Social Security Administration to mail my SS card at the same time. My question is, can I mail all F2A required documents including a Form I-864 without a social security number on it to USCIS? (Due to the priority date of F2A in September and October are current, I want to seize this opportunity and apply F2A ASAP) Many thanks!
  10. Hi everybody, It took me more than a month to get my concurrent filing i-130 and i-485 package ready. I did it entirely by myself and had my husband read everything before sending it. I sent it on 8/26/19. It arrived on 8/29/19. Today is 9/17/19, and I haven't been notified that the package is being processed and they haven't taken the money either. Something that was not clear for me was the fee. Since I'm submitting the i-130 and 1-485 together (including i-864, i-765, etc), I thought there was only one fee that I needed to submit for the amount of $1,225. Well... yesterday when I'm doing some research about how long it takes for them to process the package, I heard a lady on YouTube say that there is one payment for $1,225 and one for $535. I think the package is perfect and it is not missing anything else besides the $535 payment for form i-130. However, now I am very anxious and Idk what to expect. I would like to hear from you guys what do you think will happen. Will they contact me and ask me to submit the other payment? Will they send the entire package back? Do you think there hasn't been enough time yet for them to process my package? Attached is my table of content. I appreciate if you guys can confirm that I am not missing anything beside the $535 payment. Table of Content.pdf
  11. Hello there. This is a question that has probably already been asked 100 of times, but I feel like the posts I found were not exactly our situation, so I wanted to ask for your help with this matter: We are currently preparing to apply for AOS (based on K1 visa). My husband is the US Citizen and also the Sponsor for I-864. He was in College from 2016 to 2018. So, the last 3 years of 1040s (and Tax Return Transcripts) are each around $10k, due to only summer internships. My husband graduated in May 2019 and started his full-time employment 2 months ago for $60k gross. The 125% Poverty Guideline for 2019 is $21.137 for a household size of 2. We were planning to send my husband’s job offer which states his annual income, as well as the last pay check from his company along with an employment history letter for his employment at this company. This is the closest we could get to a Letter from Employer, as his company does generally not provide ones with official stamp/signature. Our intent is for this new job to count as enough income to make sure USCIS is not worried that I (the intended immigrant) will become a public charge. Also, we will add a letter explaining that my husband was a student until May 2019, but will now be able to meet the poverty guidelines due to his new job. (Also we will send Tax Return Transcripts) 1) Is this standard practice? We are unsure if USCIS finds the current income or the income of 2018 more important. 2) We can meet the 5x difference through our combined assets: - Bank balance of me (is in €) - Bank balance of husband - Certificates Deposit of husband - Roth IRA of husband --> Are these allowed as assets (since they seem to be cashable within 1 year) ? 3) Do we need to get a translation of the German bank balance as proof of assets, or will they not need a translation? Thank you a lot for your help. Hopefully, you don’t get tired of giving advice, since it already helped us so much in our journey. This community is awesome!
  12. Hello Everyone, I received an RFE for I-864 and I-130. We found a joint sponsor for the I-864, but for the I-130, the RFE said "ALL pages of the form are not present or of the same edition date. Submit a properly completed and signed form I-130". I checked the USCIS website, and we sent in the exact edition available there, so i'm assuming some pages may have been misplaced? Hence, I would only have to send in a new I-130 and not I-130A or the evidences, because they did not ask for that? Also, how do I actually assemble this?, it is a little off, as I need to attach the actual RFE letter with that as well. Thank you!
  13. Hi y’all, My wife is filling in an affidavit of support form as the petitioner but we are using joint sponsors to support the application - should we tick the box that shows she is the primary petitioner or the box that shows she is the 1st of two joint sponsors? Thanks
  14. Hi y'all, My wife (USC) is getting ready to fill in the I-864 to support our AOS application but she hasn't had to file her tax returns for the past three years as she's been travelling and working abroad and has fallen below the 12,000 USD threshold needed to file. I read on the USCIS website about a statement and evidence explaining why she wasn't required to file. Does anyone have any experience doing this? and if so, what evidence did you use to explain why you didn't need to file? Thanks p.s. we have a joint sponsor who is helping us get through the poverty line guidelines.
  15. Finally got to the point where we can pay the AoS and IV fees and I have a few questions... Joint Sponsors If using multiple joint-sponsors for the I-864 and the first one meets the 125% poverty rate, would they use both joint-sponsors, would they just drop the secondary sponsor, or would they possibly make me resubmit my I-864 and another I-864A with a single sponsor? AoS Filing Fee I've read that filing the I-864 in the applicants country would be free, but how can that be if I must pay the fee before I can move on to the next step which is submitting documents to the NVC? Do they mean if both the applicant and petitioner are out of country at the time, that can be the case? (That's not the case though: I'm in the US and my wife is another country) I'm assuming I (the petitioner) just pay the fee, and my wife pays the IV fee. Document Cover Sheet The financial documents section only pertains to the petitioner, so where is the section for the joint-sponsors documents? Should I just check "Enclosed" on "Other Documents" at the bottom and make extra cover sheets that list each item in section 2, for each set of financial documents? Also, would it be OK to have each set of joint sponsors documents in a separate envelope within the main package? (the two parties probably don't want their financial info shared with one another) Applicant Moving My wife (applicant) is moving somewhere else in her country within a week, would it be wise to wait until after she moves, to continue filling out the DS-260 and then collecting her supporting documents? ...and if I remember correctly I don't think I need to contact the USCIS and let them know that the applicant is moving, since we are past that stage and the case was approved, i.e.,That was just for if I was moving during the I-130 approval process, and we're dealing with the NVC only now, correct?
  16. Hello everyone! Me and my husband are a bit confused what to put in question 7 part 5 on I-864 "my current individual income is". He was working till July on one job, then he quit it and next day started another job. On first job he got paid a bit less than on second one. Should we provide his current job annual salary or should we partially take a salaries from 2 jobs. Lets say he was doing on first job $80K and worked there for 6 months, and on new job he is doing $120K. Should we put $120K since it's his new salary or 80/2 (for 6 months) + 120/2 (for another 6 months) = $100K. Thanks a lot in advance .
  17. I’d like to get some guidance on a question. I’m self-employed and usually file 1040 and Schedule C when doing my taxes. However, I’m puzzled as to what income figure does the NVC/Consulates uses from your Form I-864 to determine your poverty guideline threshold? Do they use your Gross Income from Part 1, No. 7 or Part II, No. 26 (Wages (less employment credits) (Schedule C)? Or do they use your total adjusted gross income to determine your poverty guideline threshold? Any help would be greatly appreciated. Thanks.
  18. I'm working on updating my I-864 because I changed jobs about 2 months ago and we just found out that USCIS has scheduled our interview in Orlando. I'm not sure what to put for Part 4, #3: "Is your current mailing address the same as your physical address?". My wife and I are renting part of a townhouse from another couple during the workweek for a few months, while our house is under construction. Our mailing address is in a condo which is nearly an hour from my workplace and about an hour and a half from my wife's. We spend weekends there and collect our mail there. The townhouse rental is not officially a lease. (Neither is the condo, which my parents own.) We are just giving the owners checks every month. We had looked for a month-to-month lease when my wife was getting ready to start her job. The arrangement with this townhouse was a lot better for us. Do I need to mention this townhouse in our forms for USCIS or bring any evidence for it to our interview?
  19. I have a close family friend who sponsored for one of my relatives a while back. I was wondering if he can sponsor again for another family member?
  20. on the form, it asks if I have the tax returns for each of the 3 most recent tax years, I have 2018's and probably 2017's, but I did not work at all in 2016 (out of country from mid 2015-2017) Any ideas what I am supposed to say? I am assuming no, because if I said yes that would just be a lie, BUT a few points later it is asking for the info on the 3 most recent tax years. This is part 6 btw. I don't know if it makes a difference, but I don't make enough to sponsor her, father will be a joint sponsor.
  21. Hi all! I'm sure this question gets asked around here a lot. I've asked in multiple different forums on the internet and am getting different answers. HOW, exactly, should I file the Affidavit of Support? It's the last thing holding me back from submitting this freaking package, and I'm getting stressed out just thinking about it. Situation: My husband (F-1) and I (US Citizen) just graduated college and got married shortly after. He got a job where he earns several times more than the poverty baseline required, and is now on OPT. He's doing well at his company and they understand from their side that he is a permanent employee. I, however, am still looking for a job. Going on two months now. It's been hard since it'll be my very first job out of college and we had to move to a completely new state where I know absolutely nobody. The conditions for using an immigrants income are that we can prove that the income source will continue indefinitely. USCIS is extremely vague as to what this means. As I understand it, the nature of OPT is that it is for temporary professional training before returning to one's home country; i.e., still a non-immigrant category, therefore "not permanent". So it seems to me that under those terms, it is not qualifying income. Can anybody provide their own anecdotes of whether immigrant spouse's OPT income qualified without the need for a joint sponsor? Or maybe even the opposite? Should I get a joint sponsor anyway, or will the USCIS officer deem it unnecessary and give us trouble? I really don't wanna take the chances of an RFE either way... Also, will I get in trouble for listing myself as unemployed, even though I'm doing odd jobs under a temp agency and making laughably unpredictable and unmentionable income? Thank you!
  22. Please help... Hi to all. My husband's interview is coming up on July 18, 2019 in Juarez. When I uploaded the Affidavit of Support info to NVC, I used my father as a houshold member so that we could combine our incomes together to reach the income guideline amount. I live with my dad. But, with everything going on and people getting denials at their interviews for public charge (age, social security benefit income), I am thinking of just getting a joint sponsor instead, my brother. He doesnt live with us. He's single, 34 years old no dependants and makes well over the amount required. He has provided me with his taxes for past 3 years, all transcripts. Do you think that I can just use him and just have my husband take his I-864 packet and evidence instead of what I had uploaded to NVC? I thank you for your help and advice.....🙏
  23. Hello everyone, We are trying to update my husband's I864 before the interview and I have a question regarding on how to put his income. --------------------- Short Summary of the situation: We used a co-sponsor for K1 because my husband at that time was unemployed and visiting me most the time. Then when we filed for AOS we used his job at that current moment and also used a co-sponsor because the income was only barely above the limit. No RFE we passed all the way to interview. Husband got a new job literally right after we filed and the income was way higher, but we moved to another state for my job. so He quit his job this May. Now, I make well above the needed limit and in a permanent position etc. which we will put as our household income, but I know they may not count me depending on the IO which is not a problem as we still have a co-sponsor. However my husband will be going to college starting in September, and he is doing 2 temporary jobs for now, one is a weekly paid small part-time job, which we can't get employment verification as this is not an annual job, and he still works freelance for his old company as a contractor this also has no annual income to show. Both are hourly paid jobs, and the hours depends on the week. --------------------- My questions are: 1) How do we put the income? 2) Do we have to put his income? what if we just put my income as his is not consistent? 3) Do we have to put these jobs as employment or do we simply put student? (however school and his GI-bill won't be in affect till September so I can't get any proof for any of these) I only need to figure out how to put his most recent employment and income. * We are not using his income to prove sponsorship, we have a co-sponsor. This is solely about not putting wrong information.
  24. Hi all, Long time listener, first time caller here(!). My fiance and I live are applying for our K1 in Ho Chi Minh City. I am the beneficiary (UK). We are both English teachers living in Vietnam. We have sent off the DS-160 and are finalising documents for the interview. I have two questions surrounding the Affidavit of Support (my fiance's mother has agreed to co-sponsor, given that my fiance lives in Vietnam with me, does not have a job in the US, nor a homeowner etc.) 1) Does the co-sponsor (my fiance's mother) fill out a I-134 or I-864? My understanding is that I-864 was just for AOS further down the line, but we don't want to be tripped up at interview time. 2) Does my fiance also have to fill out a I-134 even though she does not clear the requirements? (And therefore also submit W-2s, IRS returns etc) Or can you just do it with one sponsor? many thanks for your support.
  25. 1- My spouse worked only in January 2018 and left the job the in FEB 2018. so will i put zero income for most recent Year 2018 in form i-864? or i will put my spouse income which earned in January? NOTE: she didn't file taxes because she didn't make enough in 2018. 2- She wrote the letter explaining why she didn't file taxes in computer. does she need to sign the letter? or just write the name will be enough?
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