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Found 53 results

  1. Hi there, I have submitted my joint sponsor’s I864, proof of US domicile, proof of citizenship, 2019 income tax return doc, proof of job letter and income tax return transcripts of last 2 years. Now I have noticed that the proof of relationship letter between Joint sponsor and petitioner is missing, I’ve acquired and submitted it. I’ve asked my joint sponsor to provide me with his latest w-2 but he said he doesn’t have it and rather suggested me to submit the first page of form 1040. However, my question is after submitting all of the above mentioned documents is it still necessary to submit joint sponsor’s W-2 form???? would be really helpful if someone provides feedback on this!
  2. Hello I'm planning on apply the CR1 visa for my wife in China. My taxes were along with my father (I'm accounted as his dependent). However, I'm currently in medical school so my income is zero, so I need my father to become my joint sponsor. The confusing part is, since we are in same household, does my father need to complete another form of i864 as a joint sponsor? Or can I just add his name under the i864 form that I need to fill out (the section where it says income you are using from any other person who was counted in your household size).
  3. Hello everyone, Newbie here but I have already been getting ton of useful information out of this forum! I concurrently filed my I-485 with I-130 in January. Now I received a RFE regarding the I-864 of my joint sponsor. I couldn't figure out what's the best way to interpret this RFE so I thought you guys may help me out. 😀 I am struggling if I could keep my current joint sponsor and send more explanations and documents, or it is advisable to find a new joint sponsor? So here is a little bit of background: My husband (the petitioner sponsor) does not meet the income requirement so we got his mother (US citizen) to be our joint sponsor and filed an I-864. She is self employed (she takes cash receipts, so no 1099s nor W2s unfortunately) and her income and assets (savings & real estate value) meets 125% line. Her tax is simple so I am sure no mistakes on the household size. Here is the RFE I got (main text😞 I knew we made a few possible mistakes that may have led to this RFE: 1). My mother-in-law signed the form when she's outside of the US. So she scanned it to me and I submitted the "print" version of the page which contained her signature. Technically speaking, I submitted the form that does not have her "wet ink signature" on it. 2). I mistakenly put her Total Income (Gross receipts of her self-employment income), rather than AGI, onto the Federal Tax Return Information (line 24) on I-864. 3). Her 2018 AGI (which is the most recent tax year's at the time of filing) is $5000 less than the 125% line. However, we did not give an explanation of how her current income is higher than that. 4). We did not include sufficient evidences showing her assets (savings and real estate) and how they made up the difference. Here is the part I am confused: My RFE does not state explicitly that it is not the income that the joint sponsor did not meet. They are questioning her qualification. Based on the posts I have read on this forum, most I-864 RFEs were issued with a more specific reason (i.e. the sponsor did not meet income line). For example, like this: "Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioner/sponsor, the income did not meet 125% (100% if military) of the federal poverty line for the petitioner/sponsor's household size." I thought based on her income and assets she should qualify; as if her income did not met the line, then the RFE should have just said something like above, right? Also I have sent over her citizenship documents and her age is well over 18. Do you guys think it may be her signature issue that caused this RFE? But then why the RFE does not explicitly let me know of that, or is it a combination of both insufficient income and signature issue? 😂 I now seem to have two options: A. Refile the I-864, have her original signature on it (address issue 1)), update and correct the income figures on the form (to address issue 2)), include the 2019 tax returns, and collect every documentation we can to prove her current income and her assets (address issue 4)). The good news is that we have her 2019 tax return now and her AGI is higher than 125% line. This hopefully would improve the situation mentioned in 3). B. Find a new joint sponsor??? It will be hard... In short, I am struggling if I could keep my current joint sponsor, refile I-864 and carefully write a response, or it is advisable to find a new joint sponsor? Really wanted your guys' inputs to help me decide. Much appreciated in advance! -Ben
  4. Hi, I live in the U.S. and filed an i-130 for my spouse who will interview in the U.S. embassy. For a joint sponsor (parent) who is married, filed a joint tax return with his wife, both retired but with substantial passive income that is considered equally generated (e.g., from real estate, investments, etc) and owned by both, should they put half of the income on the i864 and half of the income on the i864a such that the addition of the income of the two forms equals the amount on their joint tax return? Or do they put the total income of their joint tax return on each of the i864 and i864a? Or other? Thanks in advance!
  5. Hello everyone, some of you may have seen that I have been posting in different dicussions about some doubts that have come to be after an overload of information I have been reading in this Forum, which I unfortunately came to know after I had already submitted everything on CEAC on February 4th 2020. I apologize for taking so much space with my concerns but I rather be a little annoying than missed my chance at finishing this process in the next months. I will do a sum up of my main concerns and also the specific question regarding how to correctly fill the AOS. 1. My husband is currently unemployed after having recently moved back to the US, therefore does not meet the financial requirements to be my sole sponsor. His father is our joint sponsor, thus he also completed a I864. We did not file a I864A for his spouse because the household income comes solely from the father (well above the 125%), since she has not work in decades. I have read some posts that made me think that an I864A is always needed for the spouse of the Joint Sponsor so that was my first main doubt. 2. This led me to review both I864 and realized I might have made a mistake by not crossing Item 22 (see image attached) and writing my name in the blank space. I re read the instructions for that part but they were very general and did not give any information in regards to if I should have mark it or not. What did you guys do??? 3. If I indeed made a mistake by leaving it blank, can I reupload it in my CEAC without having to wait 6 weeks for an RFE and then be able to do it? I dont see any option to delete it, only to add more documents so the only thing that seems possible is to add it and explain in the description that this is the correct version. What do you think? Has someone reupload their I864 before NVC send and RFE? 4. Finally, I have received mixed advices regarding the need for my husband to submit a letter where he states he is unemployed, which is already one of the questions in the I864. I know there are no correct or incorrect answers since the revision is on a case by case basis, but if there are other things that I will need to reupload, I might as well submit one. Thank you so much in advance for your insights and feedback! Cristina
  6. Hi VJ, We are in the process of filling out the i864 for my wife's parents. She is the sponsor and needs a co-sponsor, me. We file tax together, she has a 1040, I have w2. Can we just use 1 form, i864A? Please advise. Thank you.
  7. Does anyone know of what to provide with the affidavit of support I-864w form ? Do I need to provide tax transcript, employment letter. proof of citizenship?
  8. Hello, My situation is: I'm a US citizen, never employed, and I'm dependent on my parent. they have been maintaining me my whole life. So I never filed taxes in my whole life. and I do not make any type of income ! nor I have any assets. The Case: I got married and my wife is filing AOS. For the affidavit, I had a joint sponsor filing separate i864. For my i864 I believe I'm required to attach a letter stating why I never filed taxes. what should be the reason to write, since I want it to look formal. I had this sample but I think it might need to be edited To Whom It May Concern I, ABCD, XXX's spouse and petitioning sponsor. I did not file any income tax return yet because I was and still dependent and maintained by my parents upon their income. Since I never had job or made any income of any type, I was not required to file an income tax return with the Internal Revenue Service. I, ABCD, certify under penalty of perjury under the laws of the United States that the information I have provided in this statement are true and correct. Sincerely, ABCD help please or edit the sample Thanks
  9. Hey guys, So I have all of my forms filled out, and all of my supporting documents, but I dont know where to send it to? I assume I send them all together and all to the same place, but which USCIS office place thing do i Send it to? I live in New York City. The forms I am sending are: i-130 i-130A i-485 i-131 i765 i864 Any help would be greatly appreciated! Cheers
  10. Hi all, We are in the slow process (slow because we recently became parents again and the kids take up a lot of time) of filing documents and have reached the financial bit. My wife (sponsor) lives here in the Netherlands with my and therefore has no income in the US. This is where our joint sponsor comes along, my wife's parents. Now we know they have to fill out a I864 and I864a and provide financial documents and proof of citizenship. So far not an issue. However, I can't seem to figure out which of these documents they need to provide originals for, for me to bring to the interview, I'll need to provide a scanned pdf to upload beforehand but then what. The i864 and i864a obviously need to be original given they need to be signed but what about all the other documents? will photocopies of IRS transcripts, W2's and birth certificates suffice?
  11. Hello everyone, so unfortunately, I just realized, that in order to file: Married, filing separately, you must submit your tax returns by mail and you cannot submit them electronically. Which normally would be no problem except I needed to submit them electronically so that I only have to wait 2-3 weeks to request my tax transcripts as opposed to waiting 6-8 weeks to request my tax transcripts if my tax returns were by mail. That would add probably another month onto this already long and tiring process! The reason why I want to file taxes for 2019 now and submit them with my AOS of support package is because I was a student before becoming employed full time in as an RN in November 2018, but I don't have the taxes to prove it yet. My 2018 tax transcript from when I was a student shows barely anything and was less than $10,000. Is there any solutions to speeding this process up!? My husband and I couldn't find a joint sponsor and we wanted to play it on the safe side and just wait to file 2019 taxes so that I could complete and submit the AOS without needing any joint sponsor. My questions I guess now is, can I just submit a copy of my tax return along with W2 and provide the tax transcript when my husband goes to his interview? I know the website technically says I can but many places/people say tax transcripts are the preferred document and I'm concerned they still may request further evidence for a tax transcript and thus, delay the process. Also, on the I-864, would I be able to just write my total income that I will have on my 1040 tax return instead of waiting for my tax transcript to fill in this information on the I-864? Any help would be greatly appreciated!!
  12. Hello. I've got a question regarding the evidence needed for the I-864 form which will be sent with the I-485 form when adjusting my status from a K1 visa holder to a green card holder. My wife has her tax returns for the years 2016, 2017 and 2018 although she doesn't have any W2's as she was working and living in Japan during those years. She started her current job, in the US, one year ago and she is yet to file taxes for 2019 and she is yet to receive her W2 from her current employer, she will get this at the end of January. Although we think this is too late as we have almost everything we need to send the AOS which we want to do before the end of this week. So the evidence we are going to include with the I-864 is; Employment letter confirming her employment, wage, length of service and salary, which is over the poverty guidelines. Her most recent six months of paystubs. Her 1040's from the years 2016, 2017 and 2018. Although she was living in Japan during these years so the amount of US tax paid isn't very much... A letter explaining her foreign employment and subsequent lack of W2's. Is this enough? Do we need to include bank statements? We have tried getting her tax transcripts but we have to wait 15 working days for the verification code to be mailed to her so that she can use the online service. Again we feel this is too long to wait as we want to get the AOS sent ASAP but do you think it would be better to wait? Thanks in advance for any replies and assistance!
  13. Hi. This is regarding F2B visa. I am (son) the beneficiary and my dad is the petitioner. Only my mother has income and her tax filing status is 'Married filing separately'. My mother doesnt live in the same residence as my father though they are married. We want to add her as joint sponsor. In my father's I-864 Part 5 item 3 he put '1' because it says "If you are currently married, enter '1' for your spouse". Because of this my mother is counted as a household member. Thus, she will fill in I864a? Or do we just put '0' even if they are married so that she does not get counted as household member and fill in I864 ?
  14. Hello, We are gathering the required evidence to submit my i485 to adjust my status from a K1 visa holder to a green card and we have a question regarding the tax forms for the i864. My wife is the one completing the i864 and she doesn't have any tax forms 1099's or W2's. She has three years worth of 1040's, although during those years she was working in Japan and not the US. She has been working in her current job in the US for one year now so we can submit six months of pay stubs, an employment letter and the tax documents that she does have but will we be likely to get a RFE due to not providing 1099's or W2's? Thanks in advance for any help!
  15. Petitioner's Spouse not living in same residence but still counted as household member? Form I864 or I864a? Immigrant application type: F2B Beneficiary: Me (son) Petitioner: Father (no income) Add sponsor: Mother (with income, tax filing Status: ‘Married filing separately’, not living in same residence but still married) In the petitioner’s I-864 form Part 5 item 3 it says 'If you are currently married, enter "1" for your spouse’. Which means you include the spouse as a household member. Then on part 6 item 8 It says: “Income you are using from any other person who was counted in your household size....” So we add my mother there. Then on Part 6 item 21: "The people listed in item numbers 8 .... have completed I-864A....". So now my mother is part of the household even if she is not in the same residence. Should I fillup I-864a or I-864 only? Less
  16. My father is the petitioner and he has no income so he needs to use my mother's income. However my mother does not live in the same residence as my father. What form should my mother use? I864 OR I864a?
  17. Hi, I thank all the altruists for being so helpful. I have a situation and am seeking for help. My wife is applying for my greencard through spouse (US citizen). I am on my H1B visa, working in a company in Dallas, TX. I am seeking help to fill out my i 864. As my wife is a graduate student and works part time thus does not meet i 864p requirements. I want to incorporate my income to fulfill the requirement. I heard it is possible but am not sure how. 1. Should I complete I 864a as a household? or just include/add my income with hers on i 864? 2. We got married in September 2019 and has not passed 6 months of marriage. Is that an issue for inclusion of my income to meet i 864p requirements? 3. If I can include it, how? I am seeking a bit of specific answer like reference to the part, item no in the i 864 form. 4. I renewed my passport in the USA and never left usa. my i 94 doesn't recognize my old passport that has the usa visa (F1), although I am not on F1 anymore but has switched to H1B. While we fill up our forms, should I just provide my new passport number? or should I mention my old passport number on the additional information part at the very last of each forms? Also, I am looking for someone who can review my forms and packages just before I submit them. Does anyone knows a way of that service. Till now I have witnessed that Attorneys are usually all the way in or out no review services. Thanks, Saif
  18. Hello everybody! Really need advice please!! Me ( beneficiary) and my husband ( USC) are planning to do AOS. He is a long term ebay power seller for a living ( he has been doing it for the last 20 years). So he is considered as Self Employed. Recently we realized that for self empl sponsors only NET Income counts, not gross income. He files 1040 form. So here is a problem. In 2016 he made $60,000 gross, but after deductions only around $12,000 is left ( profit). The same year he won jackpot at the casino ( $17,000). So on line 22 its says $29,000 total income. In 2015 he made $59,000 gross and only $11,900 left after deductions as a profit on line 22. And in 2014 the same. So this year he is planning not to be too agressive with his deductions and show his NET income $22,000 -$25000 ( lline 22). Then and only then we will do my AOS. We dont have any co sponsors. He does his taxes with the tax guy at the office. He doesnt have any business licence. Just ebay store with huge experience and big amount of sales. Now I have a questions. Will it be enough to submit 2017 tax returns with all the schedules plus IRS transcripts? OR should we submit 2016 and 2015 also? And what evidence we need to include to show he can make that much? How to put his current income if we dont really know how much its gonna be in the end of the year?:/ Casino winning is not an income at all? He paid taxes on it also. He doesnt keep his money at the bank, but we can put some in bank account. He also can write a letter about what he exactly does at his job. We also keep tracking how much he made every month. If we knew early on, he would not deduct as much and we probably would have a good looking tax returns :/ i myself do not have any assets or income. Please, I will appreciate your time and effort of anybody can help with some advices!
  19. Hello, We are shortly going to be filing for AOS after I arrived here on a K1 visa in May. We are a little confused about the sponsor's "current individual annual income" on the I-864, and seem to be getting conflicting information from different sources. My fiancee (soon to be wife) started a full time job at the beginning of May, with a salary $40,000 per year. Prior to this, however, she was self employed, and for the past few years her income has not met the threshold. I understand that it is current income that they are most concerned about, however, we are confused about a couple of things: 1. For the part in the I-864 where she has to record her "current individual annual income", would she enter $40,000 (as this is what she will be earning annually), OR should she calculate the income based on what she is expected to earn in 2017 (i.e. what she expects to earn from this job from May - December, and anything she earned prior to her becoming employed in May)? I have seen conflicting answers on this. 2. When we submit the application, she will have 4 months of paystubs, as well as her initial employment letter. Would this be enough to satisfy them? Thank you!! Dan
  20. Hello everyone, I know I just recently posted a topic similar to this but I have a new question... Here's my situation: I'm at the NVC stage for a Cr1 spousal visa. I currently work as a full time RN, I have been working for a little more than 1 year (Started November 2018). My current income is about $80,000, yearly. I was a full time student before graduating in May 2018 and therefore, my income from my tax transcript is very minimal from 2018 because I only worked part time jobs as a student (My tax transcript from 2018 was less than $10,000). Here are my questions: Although I currently make more than enough for a household of 2 (my husband and I), but I didn't make enough according to my 2018 tax transcript, can I use assets that are from my checking accounts? I know it has to be 3x the difference I made and the poverty line and that would be equal to about $39,000 I would need in assets. I will have that much in assets by the end of this month. Do I have to have these assets for at least a year? I didn't see anything in the I-864 instructions that state how long you must have these assets in your possession for. Also, if I were to show 6 months of bank statements, you would see that my total savings increased gradually throughout the year (due to my job) but I won't have the total $39,000 until December bank statement comes out. My next question is, would adding these assets even help my situation? Or would they more likely just complicate my situation? Here are my concerns: I don't want to wait about 2 months to file my taxes for this year (2019) and then wait for my transcripts so that I can submit them to NVC. However, my husband and I are having a difficult time finding a joint sponsor, that is why I'm trying to see if it's possible to show that I have assets. I'm well aware that NVC can't make the decision to approve the visa and it is the CO that looks at all the circumstances but I'm just concerned about getting the note from NVC saying: "You don't meet the income requirements, it will be the CO at the interview who makes the final decision, you may want to add a joint sponsor to avoid delays." Because if I get this notice and I'm unable to find a joint sponsor, would bringing an updated I-864 and my 2019 tax transcript to the interview suffice? Or would they not even look at the new tax information and automatically ask for a joint sponsor? I'm sorry for so many questions! I'm so confused about what I should do and I overthink things way too much. Thanks for everyone's help!!
  21. Hi all I am a K1 Visa recipient and my husband and I are filing our AOS soon. I have a question regarding the required tax documentation on the I-864, Affidavit of Support. I understand that if we file AOS before the end of 2019 our most recent tax year would have been 2018, and we've got that. But if we file in January 2020, would our most recent tax year be 2019 already, thus requiring the proper documentation for 2019 instead? I ask because the company my husband works for doesn't send out W2s until February, but we REALLY don't want to wait any longer to file our AOS because my I-94 had been expired since October 22nd. We've planned to file this December 16th but something came up, and we might have to reroute the budget for that one onto something else.... sigh (I know, I know, we're filing late, but life happens and so here we are...) 😅 So I'm thinking: 1) Perhaps USCIS would allow the submission of 2018 records due to the fact that tax season for 2019 won't be over until April 2020 anyways? 2) Perhaps we could include an explanation on our cover letter as to why we're submitting 2018 records despite 2019 ending? So yeah, I would appreciate any input from anyone who can help. Thank you all
  22. Hello all 👋🏽 My fiancé just underwent the interview in Bogota, Colombia on Friday. He said the interview was great. The CO was laughing and smiling at all the stories he would tell about us. He said she was giggling like a school girl. The interview lasted about an hour and 15 minutes. He for sure thought we were approved, yet she came back with a 221g white slip stating we needed to submit an I-864 and a W2 for my mom since she’s the co-sponsor. The CO told him it’s just for extra verification. They kept his passport and all documents and told him to send the info directly to the embassy email. I sent the proper documents within an hour of him leaving the interview. We are currently in the dreaded administrative processing. I fell like it’s a good sign they kept his passport seeing as I’ve read online for hours that if Colombia keeps the passport, it’ll be issued soon after. But as with every step in this process, I don’t want to get my hopes up. What do you guys think? Anyone else been through this or something similar? Any info will help. TIA ☺️
  23. I'm filing to sponsor my mom but I have no income so my husband is cosponsoring as a household member. I received the following reply from NVC regarding my husband's I864A: We are unable to accept these documents as uploaded. Please add Michael as Heidi's household member ,and submit all of their documents under Michael's name. I'm confused because it seems like I did it that way. Can anyone steer me to some helpful information/resources?
  24. If you need more than one affidavit, fill out the entire form but leave the signature blank, then sign each copy and the original. It states in the directions that you can do this. Not having adequate income will not usually be a problem if you have a co-sponsor, according to experiences posted on the forums, as long as the co-sponsor has adequate income/assets. Be aware that the cosponsor must have enough income/assets for both your fiance, any fiance children that will\ be immigrating, and his/her own household. However, that IF the US fiance has been on welfare or other government benefits for a lifetime or has no plans to work actively, the consulate can still deny the visa based on the likelihood that the foreign fiance will become a public charge. Just having a co-sponsor may not be sufficient. An actual case has been documented wherein a fiance visa was denied because the petitioning fiance was on government benefits and would not be working, even though the US fiance had two co-sponsors. When assets are used, the assets must equal 5 times the difference between the annual income and the needed 125% of the poverty level, this is because the affidavit is in effect for 5 years. For instance, if you needed $15,500 income and had an annual income of $13,500, you would need an extra $2,000 of assets for 5 years, or a total of $10,000 in assets in addition to your income. In general, if you are deficient on yearly income for sponsorship and your assets are somewhat borderline, do not take chances--have a co-sponsor. If you do not have a job or a steady income from other sources (such as retirement income), you will likely have to get a co-sponsor for your spouse, even if your assets are adequate. The USCIS looks VERY CLOSELY at current income and not just the assets. While there are no specific income requirements listed in the I-134 form directions, you will be judged by the same criteria as the I-864 form requirements when they are issuing the visa at the foreign US consulate, so provide financial information for the I-134 with those guidelines in mind. Basically, your employer letter should state "To whom it may concern: (first name,last name) has been employed full-time with the XYZ Company since 200_ as a (name of your job), and is an employee in good standing with an annual salary of . Signed, John Doe, Supervisor (or whatever title)" The letter should be on company letterhead. Some foreign U.S. consulates require a 2nd affidavit of support which is called "sponsor's financial responsibility under the social security act." It is a simple form and easily filled out and signed. The Hong Kong consulate has may require this form. The foreign fiance's income can NOT be counted on either affidavit (except when the foreign fiance has been living with the fiance, married, and in the US for six months), however the foreign fiance's assets CAN be used if they are readily convertible into cash. The USCIS is concerned ONLY about the US fiance's income/assets. (Note that in other situations the foreign spouse's income MAY be counted on I-864 affidavit, such as foreigner in U.S. on work or student visa who marries and then files for adjustment of status. IF the foreign spouse has LIVED IN THE HOUSEHOLD of the U.S. spouse for at least 6 months, then his/her income CAN be counted. There are NO situations involving fiance visa in which foreign spouse's income can be counted, as far as I know, when interviewing for the fiance visa or when filing adjustment of status within 6 months of arrival in the US.) The US fiance is ALWAYS the primary sponsor, but may have a co-sponsor. If there is a co-sponsor, both the US fiance and the co-sponsor will EACH have to fill out the affidavit I-134 or I-864 and EACH will have to provide supporting documentation. NOTE: I-864 SPONSOR MOVES: FOR the I-864: If the sponsor or co-sponsor moves, the USCIS should be notified within 30 days via an I-865 form.
  25. My husband became a US citizen this past summer and now he will be petitioning for his mother (my mil). My mil lives in Laos right now. My question is should we send the I-864 with the I-130? The I-130 instructions doesn't say to do that but if we do send them together it should ok right? Do you guys recommend that or sending the I-864 to my mil instead? Thanks for any input.
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