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Found 51 results

  1. 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
  2. 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
  3. 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 ☺️
  4. 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?
  5. 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
  6. 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.
  7. 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.
  8. Hello Everyone, thanks in advance for whoever is gonna help me here. Here is my case: We submitted green card application in June, by the time my husband hadn't submitted his 2018 Tax return yet, he extended it until October. On our original I-864 form, for the "most recent tax year", we only put down 2017,2016,2015. No surprise we received a RFIE, after my husband submitted his tax return for 2018, we decided to use assets to make up for 2018 poverty guideline. We prepared all the documents for the assets, but, here is the question: Do we need to fill out a new I 864 form? since we didn't put down 2018 in our original i 864, also we are using assets this time(we were not using assets in our original form because 2017 2016 2015 all met poverty guideline). My husband is strongly against filling out a new form, he thinks a new form will make the process go from the beginning and cause more trouble. yet I think it's the right thing to do. Thanks again everyone!!
  9. Hi All, Hows it going? I am currently uploading the Joint Sponsor and Household Member Documents on CEAC. Have uploaded their birth certificates for proof of citizenship and their address in the I864 and i864A is their US address. It's asking for Proof of Domicile for them as well. Do I need to upload their driving license or some other document as proof of Domicile or select Not Available? Thanks eMMo
  10. Hello, ill be using a joint sponsor for the i864 as my fiancee has gone back to school and therefore doesnt meet the minimum income. Our joint sponsor, her sister, had a previous salary of usually 50k which varied slightly as earnings were based on comission. She has recently started a new job earning more than that but shes only been there not even a week. My questions are, Will there be any issues with this as shes only been there a week? Can i submit the previous tax return transcripts from irs for years 2016-2018, that we used for the i134 as they are up to date? For supporting evidence, do we need; 3 years tax return transcripts 6months of pay stubs Employer letter confirming employment details Bank statements for the last year Proof of citizenship (birth certificate or passport) Thanks for the help
  11. Hi! We have just submitted our docs through the ceac site. Now we're not sure if it's complete! We've read in some topics here in visajourney about married joint sponsors needing an i864A to accompany their i864? They filed their taxes jointly, but one of them is now a pensioner. My husband(primary sponsor)'s annual income reached the amount needed above poverty guidelines. But we still decided to add a joint sponsor just to be sure. Now we're doubting if this will be the one that would delay us! Should we be expecting them to ask for the i864A? Can't they just base it on my husband's income and not need any more documents for the js if it really indeed incomplete? Thank you!
  12. Hello guys, I'm a US citizen currently applying to change my father's status to that of a green card holder. I filled out the support affidavit but am dubious about whether it is required for him to be in my same residence for this purpose or not. He is currently not staying with me, but I am responsible for him. Us being in different states for this process would hurt anything? (I'm submitting all the forms I- 130,I- 485, I-765, and I-864) would our living in different states hurt anything in this process?
  13. This is the situation: My husbands joint sponsor makes enough income that his wife is not needed. They thought they were filing jointly but recently discovered that they weren't. They got the taxes amended BUT this amendment does not reflect on the joint sponsors tax transcript yet. They do have proof that they have sent it off to the IRS though. Does his wife still need to fill out the i864a? She is currently going through ROC herself...
  14. I am looking to move out of the USA by summer 2020 with my husband who is not a US citizen. However in the summer of 2016 I filled I-864 Affidavit of Support for my mom in order for her to get her residence. She was approved. Prior to me sponsoring her she had TPS. She began filling taxes in 2001. I currently have one sister that is a minor(13) and dependent on her. And another that is attending college. When I notify USCIS of a move change and they see it is no longer in the US could they launch some sort of inquiry? I am planning to attend school for a career change in the foreign country so my income for sponsorship will no longer meet the requirement. From my understanding even though I am in a foreign country I will have to file taxes every year for the US and with my income being severely reduced would this affect her status as a LPR? To my knowledge she hasn't used any public benefits after filing for LPR. She's used WIC in the past but has not really used any other services. She is planning to get her citizenship as soon as she can. Thank you for your help.
  15. To whom it may concern, My husband and I both live in Melbourne AUS, he's an Australian citizen and I have dual citizenship (Australia and United States). Im a stay at home mom and have been since my son was born in January 2019, I was also at home for the majority of my pregnancy. My husband currently works two jobs and is well about the WA poverty threshold $29765 AUD. Although my husband makes well above the threshold amount its it still a good idea to provide a co-sponsor? My immediate family live in WA and are happy to cosponsor us if it means we will have a better chance. We have run into a problem filling out the i864 form as we have little to no savings because we have just had a baby in Jan 2019. My other concern is that because we both currently live outside the United States my husband will no longer earn Australian income come our departure to the US. Will they need to see some other sort of evidence that we both plan to work come us relocating? Our latest update was on July 31st our Petition was received by the NVC and we are awaiting a case number in which we were advised we should receive within 30 days as it takes time for them to enter all the information into there system. While awaiting our case number so that we are able to move onto the next step I'm gathering all the information for the next documents that we are required to provide. If anyone has been in a similar situation and can offer advice on what to do or what comes next please reply to my post. Thank you in advance.
  16. My fiance and I are no longer together. She and I have decided to go our separate ways, for better or worse. When I initially filed the I-129F, I also sent an I-864 with all the supporting documentation well over a year and a half ago. No reason for sending it that early. I guess I thought I had to from reading something somewhere. I never received any kind of NOA on the I-864. We never got married - never even began to fill out the I-485 AOS documentation. My question is, can the I-864 I submitted be held over my head now? I have written a letter to withdraw it but haven't sent the letter yet. If she cannot adjust status without me, the I-864 never really comes into play does it? Just wanted to make some sense of it. Chalk this one up as another example of K1 crash and burn. Thank you for your attention and advice. Have a nice day.
  17. So I am preparing to do the I-864 for my parents and I have to upload it online. Both of my parents are principal immigrants. I filed an I-130 separately but at the same time. Do I have to upload TWO separate affidavit of support? Or do I just do one? I am planning to just combine it all into 1 pdf file if I have to do two I-864. Let me know so i can get everything ready. I am stuck on this part and I want to get it all done by weekend. Thanks!
  18. Hello Everyone! Very new to the community but excited to be here.. So, a little background.. My fiancee & I have applied for the K-1 Visa in June 2018. In December, we received the first approval and then she completed her medical in March, moved here in May from Sweden. I'm above the Poverty Guidelines by the USCIS / DHS. We will be getting married next week, nothing crazy, just a standard Justice of the Peace Ceremony. We are so excited to have our lives together and plan to have the AOS submitted in the next few weeks or so. From my understanding, PA takes about 10 days after getting married. Any way.. Here's our dilemma, I have the opportunity for change employment. That is actually going to have me making double or even close to triple to what my current income is now. So, there is an offer on the table that is extremely tempting (Obviously). I would be leaving one well-known established company for another well known & established corporation. There is no worry of the company falling apart at anytime. My only concern is that when the employment is all said & done with changing jobs it may negatively affect the Adjustment of Status. Interesting how life throws you a curve ball. I know changing jobs would probably mean more paperwork, which I do not mind. We have conquered the Mountain so far. Summary: I have a new job offer, everything will not be said & done until after I submit the AOS because of the timing. Can changing jobs affect me? Can changing jobs so close to submitting the AOS negatively affect me? Is there anyone out there that can relate or help me? Please and thank you for your help!😄
  19. Hi again! Sorry for 2 questions in one day, but I didn't see this question in here yet. My only candidate for a joint sponsor is retired, but with a full pension, and I believe it's well above the poverty guidelines. They are also able-bodied and of sound mind, if that helps. Is this an eligible joint sponsor? Or do they need to be actively employed or below a "certain age"? Thanks!
  20. Hi! I'm a U.S. Citizen that has lived with my wife in the Philippines (mainly Cebu) for over a year. We got married 3/20/19, but the family member I thought was going to be my joint sponsor for the i-864 decided not to go forward with it, due to the financial liability aspect of it. Is it possible to have a joint sponsor, and then remove them from the affidavit of support once I can properly support my wife and re-establish domicile when we get back there? Many thanks!
  21. Hi, I am adjusting status from student visa to green card through marriage. My husband is my sponsor but his income falls below the poverty guidelines by $400 so we are using assets (bank checking accounts). We have 2 joint checking accounts so my question is: since it's a JOINT account with both our names on it, should we put it on I-864 as MY assets or HIS? Also, under Current Annual Income, for his expected income for this year, should he put his taxable income or both the taxable and non taxable ? He is self-employed and on 1099. We are also using a letter from his "employer", since he is self employed and on 1099 what should be the wording on the employer letter? Thank you so very much for your help!
  22. Hi, I’m the petitioner’s beneficiary, and I’m really confused with the affidavit of support forms. Here’s our situation: The petitioner (my husband), recently moved back in the US (he used to live here in the PH & is a dual citizen). He has never been employed, thus haven’t been filing taxes. He moved in with his father in the US. We’re planning to have his father as our co-sponsor/joint sponsor. Now here is where we got confused, should we go thru the Household member route or the Joint sponsor route? Also the following items must be noted: - his father has been filing joint tax returns with his mom, but his mom is not a USC and is not working in the states - his father has 10 in his household size based on his ITR last 2015 (but I double checked his income, and it can still accommodate me given the poverty guidelines of 2019 - my husband is listed as his dependent in his tax returns Option 1: Household combining their incomes: my husband, the USC petitioner and the principal sponsor shall submit an i-864 indicating $0.00 income, and providing a letter explaining non filing of taxes. His father will submit an i-864A, and must submit his IRS tax transcript including his W2s, and employment verification( question: what other docs does he need to submit that are income related?). And to support this route, he must submit proof showing that he and my husband lives in the same residence (IDs, and bills addressed to him), and show their relationship (birth certificate!! What other docs do we need to submit to prove this?). — Question for this, do we need to add my mother in law’s i-864A since they(my father in law and her) file their taxes together? Will it be valid even if she’s not a us citizen, and technically she doesn’t live with them? (She’ll be retiring soon as a flight attendant, and she’s based in HK) — i’m also a bit iffy with this route as I feel like it’s cheating since we won’t be declaring the household size of the household member (it is indicated in the itr, but not being asked for in the i-864A), and my husband has $0.00 income, so we’ll be relying solely on his father’s income for this AOS. Option 2: Joint sponsor route wherein my husband will submit i-864 as principal sponsor, and my father in law will submit i-864 as the joint sponsor. This means I will be added to his household size of 10– (upon checking it is still allowed for his income). For this one, do we need to submit i-864A for his mom, and for the other dependents listed in his tax returns (as far as I know non of them are working, and the other one has moved out from his house recently)? Same conditions as above, his mom is not a USC and does not live with them. Please help us out, we really don’t know which forms to prepare. Should I prepare both? Just in case, we filed via DCF in manila so we’ll be bringing these docs for the interview.
  23. Hi, All! Prepping for my i864 and wanted to know: How are business losses handled? Hypothetical: If total wages from regular employment were around $44k, but business losses of $25k were claimed, will they consider the $44k as the income and NOT deduct the business loss, or will they deduct the business loss when calculating the income? Thanks, all!
  24. We recently received our AOS interview notice in the mail, so we have recently began getting everything together for our interview, which will occur in a little under a month. While getting everything together, we have found ourselves uncertain on a few of the items that are requested. The biggest source of confusion, that I have yet to find a concise answer to looking through the VJ forums, is whether we should have another medical examination done for my wife (I-693) prior to the interview? My wife was a K-1 holder, prior to marrying me and applying for AOS a little over a year ago. When we submitted the AOS package, we included a copy of her DS-3025 from the medical interview she had overseas, which had the "US vaccination requirements complete (requesting blanket waiver)" boxed checked. We did not submit an I-693 at the time we submitted the AOS package, because we were under the impression that if you filed for AOS within 1 year of having your overseas medical complete with all US vaccination requirements as a K-1 holder, it was not necessary to file an I-693. I have never seen any documentation from USCIS stating that you still have to provide an I-693 at a later time online (if you file AOS under this status) or received an RFE related to that matter up to this point. Some people are claiming that the overseas medical is only valid for a year, but I have yet to find anything pointing to that being true. Ultimately, we are trying to understand whether individuals that were previously K-1 holders adjusting status need to bring an I-693 to the interview or if the original DS-3025 from the overseas medical will be adequate for the IO? Fortunately, we still have a little time, so I can call to get an I-693 exam scheduled tomorrow if it really is necessary to avoid any RFE delays post-interview. Here are all of her important date's: Overseas Medical Exam: 10/27/2017 Enter on K-1 (Pass Documents at POE): 01/12/2018 I-485 Receipt Notice: 04/03/2018 (DS-3025 submitted with package) I-485 Interview Notice: 04/10/2019 I-485 Interview Date: 05/15/2019 The second question we have is related to whether USCIS would want a new affidavit of support, despite us having submitted one with the original I-485 package. Interview notice says "unless previously submitted," but I'm worried if the IO will feel that a new affidavit of support is needed to reflect the 2018 tax year and the increase in my annual income. I am still working in the same job, but have received a raise between when I filed the affidavit of support and when we will be going to the interview. We have filed our taxes for the last year (wife has not started working since entering the U.S.), so it is only me providing for our household, but it is still new information that could be included in the affidavit of support potentially. I am considering either redoing the affidavit of support, or just bringing a new employer letter reflecting my new salary and status as well as about 8 pay stubs. We were planning on bringing our tax return from last year anyway, since we filed jointly, as evidence of our relationship as well. If I go with the 2nd option, I'd of course still bringing a copy of the original affidavit of support I submitted, but I wanted to see if the community may have some insight on whether it's worth updating the affidavit of support prior to the interview as well. Thanks for the insight. I don't where we'd be without the community at VJ.
  25. Herro all. So, is there a limit on how many someone can sponsor? For example, a USC joint sponsor recently married someone in foreign country. Has recently/will soon file for that spouse. But also says they can sponsor a secondary person(no relation) soon afterwards. Is there a time limit in between filings or a limit on how many people one person can sponsor??
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