biggish data

I-864 vs I-864A Question

(I was editing the post but I guess I took too long)
here is rest of post:

I am siding towards doing what dwheels76 said since it seems to cover all my bases regardless of residence (each file I-864), but the advantage of doing it with an I-864A for my father is that in my I-864 I can add his income and it makes it look better than my I-864 being all in O's (no income, no assets) and my father providing the full sponsorship. Basically I want interviewer to see I am living with parents and not magically surviving on my own without any income at all. That way I think there is a lower chance of asking for another sponsor based on my father's income not being so much higher than the required income.

What do you guys think? I just want to do the right thing and not merit a delay.

Snipe

Male

Russia

2014-04-11 02:04:00

I-864 vs I-864A Question

So that's what I thought at first, but the part that still makes me doubt about if I should do a I864A is the following:

From I-864 instructions on USCIS website: http://www.uscis.gov.../i-864instr.pdf

Page 5 of 13, at the middle of the page it says:

"4. Item Number 7.

This question gives you the option of including certain other non-dependent relatives who are living

in your residence as part of your household size. Such relatives may include your mother, father, sister, brother or

adult children, if they are living in your residence. However, the only reason to include these family members in your

household size is if you need to include their income when you calculate your household income for purposes of

meeting the income requirement for this form. To be considered, any relative indicated in this category must sign and

submit Form I-864A."

So since my father lives in same residence as me I would assume he is in the same household and I could just do my I-864 and then for him only an I-864A

Can anyone clarify on that please?

I am siding towards doing what dwheels76 said since it seems to cover all my bases regardless of residence, but it's bothering me ya know.

What do you guys think?

Snipe

Male

Russia

2014-04-11 01:48:00

I-864 vs I-864A Question

Hey guys, so I have been getting some conflicting answers in NVC thread about what form to use as part of AOS. I appreciate the help given there to those who responded but that thread has dozens of post per day, so I thought I'd ask here to clarify once and for all.

By the way perhaps in the future we can make a FAQ for AOS since right now there isn't enough information in my opinion in current wikis and FAQs. I several others ask AOS questions, some went completely ignored (probably again to massive amount of post in that thread) , but anyways to my question

I am petitioning for my wife. I live with my father and mother (same house). I want my father to sponsor me because I am student and do not work.

My father files taxes Married Filling Jointly and declares me as dependent. (my mom doesn't work so all income is from my father)

I petioner must file an I-864. But should my father file an I-864A or a I-864.

Also, I was thinking to include W-2 form to specify my mom doesn't receive income, but regardless since they file MFJ should she fill another I-864A? If so in my I-864 what should I put for household size in item number 7?

Now a totally separate question about AOS,

my father didn't file taxes in 2011 so I will put a see attached explaining why (not enough income), but in 2012 he filed taxes and it was like really low (basically he didnt work for 1.5 years and vacationed). Fortunately he worked all of 2013 and is back to necessary income for sponsor and i have tax transcripts, but its still not that much over requirement. However, starting 2014 he began to receive a pension, this obviously doesn't reflect on latest taxes. But I think it may make it seem more secure and put a much larger buffer between minimum requirement and what he earns. How could I include that and should I. right now his sponsorship will be enough to put us above the requirement, but not by a lot and I worry they will see that 2012 and 2011 was below requirement and perhaps warrant a delay. What do you guys think I should do?

Thanks again for the help here and previous help given in NVC thread and I wish you all the best in your journeys!

Snipe

Male

Russia

2014-04-09 16:35:00

I promised I would update and so here I am, visa approved! no mention of previous tourist visa during the short 5 minute interview so there is nothing to worry about. we did mention it in the ds260 but the interviewing officer didnt even mention that so I guess everyone is right do not worry as previous tourist visas dont affect the process

Snipe

Male

Russia

2014-07-03 02:38:00

Yeah everyone said to not worry so I am sure we will be okay. We will tell truth if asked and all should be ok since nothing was done wrong. Anyway for sure when the day comes and she gets her visa I will update this thread for sure just to make anyone feel better who may have the same question.

In reply to your question between the difference between i-130 and cr 1

CR-1 is the name of the visa for an immediate relative (ie: Spouse)

I-130 is just the name of the main form you fill out to.petition for that visa.

Look at the guides for CR-1 visa here at VJ for more info. I'd link you but I'm on my phone hence my bad grammar and style

too addicted to VJ that now I check even on my phone!

Edited by Snipe, 27 September 2013 - 05:33 PM.

Snipe

Male

Russia

2013-09-27 17:29:00

Thank you for your prompt responses. I feel much better now! As for waiting I think the first few days will be the hardest but then time will go on fast.

Plus I have these forums to lurk around in and get updates and try to help others

Snipe

Male

Russia

2013-08-28 15:49:00

So yesterday I sent I-130 on the mail, yey!
So now as my mind starts to wonder on what to do after a week of non stop work on it I am beginning to worry about something.

My wife (the person I filed I-130 for) applied for a tourist visa on June and she was denied based on the usual lack of evidence and proving she wont stay illegally) they asked her how long she knew her boyfriend and she said about the right time. However by the time she was in embassy I was her fiance (had proposed some days before). Nowhere did she really have a chance to mention I was her fiance. Furthermore when she first did tourist visa application she did not list me as her fiance. I think it was some option somewhere.

So my question is this, when the time comes for interview, will this be an issue and if so how to prepare for it. I'm scared she will be nervous and worry about that or that it could be a problem. I was also thinking of talking with congressman to maybe find out more details on why she was denied to either try to apply for another tourist visa (or is it smarter to not do it since we filed for i-130?) or simply to have an explanation incase it comes up when interview comes. Or will it be counterproductive to try to talk to congressman about it?

My main concern is her getting the CR-1 as soon as possible and without problems. Even if it means not re-applying for tourist visa or whatever. But ideally that would be great. I Just dont want her to have 2 denials of tourist visa bring up questions during interview. I want her interview to be as smooth as possible.

Thanks for your help and FYI she is Russian and this was all at Moscow embassy!

Edited by Snipe, 28 August 2013 - 03:08 PM.

Snipe

Male

Russia

2013-08-28 15:05:00

American in Oz - applying for husband - have questions :)

Hello

Here are my thoughts, I hope this helps!

1) Did you benefit from using an immigration service/lawyer or is it feasible to do it yourself? Any advantages of using someone?

I think it's feasible to do it yourself, especially with resources like Visa Journey - so much helpful information on here.

2) Did you opt for the K-3 or IR-1 route? Which one is generally faster? I have read different waiting times on different sites and find the graphs on this site confusing, so not sure if the K-3 is actually faster anymore? The thing that worries me about the K-3 visa is that it can take another 90 days to get authorisation to work once in the US and I think my husband might get depressed sitting around for 90 days once we're there. However, if it's significantly faster I would consider it. Which one did you choose?

My husband (the USC) and I chose the IR-1 route - we are over 7 months into the process and still no approval for our I-130 petition, but I think all streams are slow!! Go the I-130 regardless of the wait time people are experiencing.

3) Affidavit of support - I have not lived or worked in the US for 4 years. We have assets and an income stream in Oz, however, I do not currently reside or work in the US. Is it possible for me to do an affadavit of support for my husband? Or should I ask my parents to do be a joint sponsor (they live there)? I am sure they would happy to, however, don't want to unecessarily involve other people.

We have/had this conundrum too. If you are going to wait out the process with your husband in Australia, you'll definitely need a joint sponsor. We first prepared to have my sister-in-law be a joint sponsor for the financial support component, but then when we started to look into the domicile requirements (where you have to prove your maintenance of a primary residence in the US) is where it gets really tricky (especially for us as my husband had been in Australia permanently for 9 years and had no ties in the US). In the end, we decided my husband would be best returning to the US, getting a job, and establishing domicile first - no need for a joint sponsor then. He's been back over there since October and has all of the evidence now. So get your parents on board and think about your intent to domicile evidence.

4) Processing centres - this site quotes wait times based on different service centres. How do you know which one your application would go to? Or is it random?

I think they're all going to the National Benefits Center still and being farmed out from there.

Thanks in advance to anyone who can share their experience with me! Cheers!

kev&ange

Female

Australia

2013-12-30 22:24:00

Domicile Issue - US Citizen Sponsoring from Abroad - Help

All of these suggestions are awesome for the re-establishment of domicile. Once you sort out a US address/sign a lease - get all your stuff sent there - bank statements, bills, kids school enrollment packages, etc - get someone you know over there to collect your mail, keep originals and scan copies over to you. I hear voting records are great evidence too. Sign up for sporting clubs/hobbies or other community activities that demonstrate good local citizenship. Order yourself some furniture and get it delivered to the address you're saying you are going to live. Get quotes for cars/inquire about car loans or leases. Get quotes for shipping your stuff over - we've found Grace Removals to be great. If you have a cat or dog, inquire with JetPets.

You can also tackle domicile from another angle - they can say to you that it's all well and good to look like you're putting roots down over there, but what have you finished up in Australia? So do stuff like:

Pay off debts and credit cards and keep finalisation letters - close off as much as you can.

Keep evidence of sold cars/houses/termination of leases

Get your employers to write you letters saying they accept your resignation and wish you the best in the US.

Good luck!

kev&ange

Female

Australia

2014-01-02 21:46:00

Hey there

I would suggest having a read of the I-864 instructions, which has heaps of information about the Affidavit of Support requirements. When my husband and I started the process back in May, we decided the best way to meet our financial obligations was to ask his sister (who happens to live in Las Vegas also, perhaps near your house!) to co-sponsor, and got all that sorted, and we were just going to wait out the whole process in Australia. But then after a good job offer in Las Vegas my husband left Australia to set up over there in October so his job over there well and truly covers us and we don't have to worry about assets and stuff. I'm still waiting here in Australia with our two-year-old and it's brutal being apart! So if you want to stay together and you can meet all of the criteria in your I-864 you should be fine. I am no expert with timelines but I think the average wait is about a year at the moment from start to finish for Aussies. I'm at 7.5 months and counting.

kev&ange

Female

Australia

2014-01-02 21:59:00

USC petitioner living abroad

1. Country USC resides in: Australia
2. Is there a USCIS field office in this country / Is DCF still possible? No
3. When did you file the I-130: April - 5- 2013 - NOA1 April - 11- 2013
4. How long had you been living abroad: 4 years
5. Do you reside in the country legally? Yes
6. What is the reason for your residence: work permit/student/tourist/ work and living with husband
7. Did you list your foreign address on all forms in I-130 package? Yes
8. Did you send I-130 package from abroad? Yes
9. Did you include evidence of your residence abroad in the I-130 package? Yes
10. Did you mention the fact you reside abroad in the cover letter or write a letter describing your current situation and the evolution of your relationship with your spouse (mentioning your residence abroad)? Yes
11. Has your case been "auto-expedited"? How long between NOA1 and NOA2? I don't think they auto-expedite for this reason anymore... it's been over 6 months and still waiting for NOA2

12. Service center you were routed to? National Benefits Center

I agree. I don't think they're expediting anymore (if they were in the first place?). We're almost exactly the same, living in Australia and filed in May.....still waiting.

kev&ange

Female

Australia

2013-11-08 00:01:00

Help on filling up G 325A

Thank you guys for your help.

mai_02

Not Telling

Philippines

2014-01-17 02:39:00

Help on filling up G 325A

Yeah, he has not been in the US.Since birth he only lives in the Philippines. So I'm gonna let him put N/A?

mai_02

Not Telling

Philippines

2014-01-16 10:27:00

Help on filling up G 325A

Hi guys! Okay I'm confious in filling up the G325a for my husband. We don't know what to put in the box What's your address outside the united states for more than 1 year? He doesn't have any other address since birth. Do we put NONe on that portion? Or put his present address which is PHILIPPINES where he lives since birth until now? What about on the date? From and TO? I know From is his birthday, what about TO?

mai_02

Not Telling

Philippines

2014-01-16 09:52:00

Filling up I-130

Help please, what should i check on this question? ( I'm filing for my husband. Is it Status for permanent resident?)
This form is submitted in connection with an application for:
Naturalization
Other (Specify):
Status as Permanent Resident

mai_02

Not Telling

Philippines

2014-01-18 07:44:00

Filling up G-325A

mai_02

Not Telling

Philippines

2014-01-16 04:41:00

Filing I-130 for my husband in a few days, what to do on my W2 tax refund?

Okay guys thank you for all your replies. So from what I understood from most of your answers, I have to file Married filing separately. When my husband gets here maybe after a year or less and get his own SS#, what should I do then?

mai_02

Not Telling

Philippines

2014-01-25 09:52:00

Filing I-130 for my husband in a few days, what to do on my W2 tax refund?

Guys here I am again. I got married on Aug. 2013. I'm filing for my husband's I130 in a few days. My question is, the marital status on my W2 form is single. When I file my 2013 tax refund, what should I do? Filing single or married? My husband is still in the philippines. Is anyone here encounter the same situation? What did you do? Help guys! Thanks.

mai_02

Not Telling

Philippines

2014-01-24 22:26:00

Test for tb

Hi! My husband did the same thing. They found a scar in his X-ray, so he went for a three day sputum cultural test last july 30,31 & aug 1. He went back to St lukes on Aug 6 for the result of what they call smear results (thank GOd it was negative). Now were just waiting for two mos. for the cultural results to come out. They told him to call St Lukes on oct. 1 for the result of his cultural. ( praying its negative too..??) It was supposedly his interview yesterday the 7th but we got delayed for two months because of the sputum test.

she will need to undergone sputum cultural test

http://www.visajourn...es-walkthrough/ read this

Best of luck yhan2x on your interview today!!! God bless you! ??????

mai_02

Not Telling

Philippines

2014-08-07 08:52:00

Spousal visa while working with TN visa

Start it ASAP, she can send from Canada (just make sure the payment is from a US bank because they need the routing number.) Follow this guide:

With the IR1/CR1 visa you will have a green card immediately upon entry and be able to continue working, and you can travel. If you filed the adjustment of status you would not be able to do either of those for about 3 months. I suggest waiting for the green card for YOU to move, but your wife can move ahead of time. In fact I recommend it because the ONLY thing the Montreal consulate is strict on is domicile. They will want to know your wife is undoubtedly moving or has moved back to the USA. Her being there before your interview is a good thing.

I don't suggest you adjust your status as the TN is not a dual intent visa.

Yes but doesn't a CR1 take several months? And doesn't it prevent me from travelling back and forth while being processed? My wife can't go before me, she's employed here till July. My agreement is that I will have relocated on TN status at the new job by July. By July we will also have purchased a home. So her going before me is not an option.

Nnickol

Not Telling

2014-01-09 22:16:00

Spousal visa while working with TN visa

i will be working on a TN visa working remotely from Canada but travelling back and forth often as needed. My wife is an American citizen and we'll be moving to the U.S. around July. My question is, should I start the spousal visa process immediately or wait till we've relocated in July. My understanding is that if I'm in Canada I can't enter the U.S. while my application is being processed. Is this true even if I have a TN visa? If this is true it's obviously not good considering I'll need to travel to the U.S. for work. If I wait till July, when we will have relocated, I assume that if I leave the U.S. I won't be allowed to re-enter until my application is processed? Any help will be appreciated.

Nnickol

Not Telling

2014-01-09 19:31:00

IR1 form I-864 ... can only assets be used if no job?

Since you are married, why wouldn't you just include your wife on your assets? This would help in the next phase of removing of conditions (ROC) as well.

Good luck,

Dave

Thanks for the reply Dave. I don't follow the question above. By include my wife are you saying combine all our assets? We do have separate bank accounts and investments and even excluding our primary residence we both exceed the $60,000 number individually.

Nick

Nnickol

Not Telling

2014-01-31 12:21:00

IR1 form I-864 ... can only assets be used if no job?

Hi, a quick question,

I have read that when completing form I-864 that assets can be used if income does not meet the minimum requirements. With that in mind, can I assume that if there is zero income but the sponsor (my wife) has assets equal to or greater than 3 times 125% of HHS Poverty Guidelines or if the beneficiary (myself) have 5 times 125% of HHS Poverty Guidelines that we'll qualify? Thanks for your responses.

Nick

Nnickol

Not Telling

2014-01-31 12:03:00

IR1 process required documents

So is the beneficiary's birth certificate required for an IR1 application or not? I've read different statements saying yes and no. Does someone know for sure? As it is I don't have a birth certificate and would like to know if I need to begin the job of getting it.

Nnickol

Not Telling

2014-01-31 13:08:00

DS 260 mistake

havent heard about the checklist for ds260.. if there's any correction, i thick you can inforn them at your interview.. best of luck..

sparrow20

Not Telling

Philippines

2014-09-01 21:10:00

Hey there

I would suggest having a read of the I-864 instructions, which has heaps of information about the Affidavit of Support requirements. When my husband and I started the process back in May, we decided the best way to meet our financial obligations was to ask his sister (who happens to live in Las Vegas also, perhaps near your house!) to co-sponsor, and got all that sorted, and we were just going to wait out the whole process in Australia. But then after a good job offer in Las Vegas my husband left Australia to set up over there in October so his job over there well and truly covers us and we don't have to worry about assets and stuff. I'm still waiting here in Australia with our two-year-old and it's brutal being apart! So if you want to stay together and you can meet all of the criteria in your I-864 you should be fine. I am no expert with timelines but I think the average wait is about a year at the moment from start to finish for Aussies. I'm at 7.5 months and counting.

Y

We lodged mid October, so I imagine things will start to roll mid year.

My wife has a really good job here, so we are hoing we can get everything approved before we head over.

That being said, if she gets a good job offer she wil head over - am really looking forward to the whole adventure!

Bulwara Road

Male

Australia

2014-01-03 05:45:00

Hi, my husband (USC) and I lived in Australia when we applied for my I-130. Once we went through the process we had to prove that we had $75k approx to get my visa approved. Now that amount could be in assets (not cash just assets)....eg the pending sale of our house. Once we could prove that we got my visa within 10 days. Our visa journey took 10 months but that was after a couple of Request of more information. We did. Not need a sponsor with reaching the amount of money we needed

We have been married for 12 years so my visa was a IR-1

And no we stayed together the whole visa journey...

M.

That's a relief!

We should be okay with the $75K requirement, as long as our house in Las Vegas holds it's value (we bought a couple of years ago so we should be ok).

Did you use an immigration lawyer or did you do it yourselves?

We are looking at doing it ourselves - all of the forms seem pretty straightforward.

Bulwara Road

Male

Australia

2014-01-02 20:26:00

Hi

My wife lodged an I-130 in October 2013, and I hope some people here can answer a couple of questions that I can't seem to find answers to.

We both live in Australia. Will my wife have to move back to the US before I do based on her being able to support me (I have read that there is a 10 year thing where a petitioner has to commit to support their spouse) ?

Will I need a sponsor?

How long (typically) does the whole process take?

Thanks

Bulwara Road

Male

Australia

2014-01-02 10:00:00

I-864 question (split topic)

Correct, but I doubt your equity in the family home in Australia will be considered a "liquid asset". See that section of the I-864 instructions. If you sell the home, then it will be a cash liquid asset. I expect that's what you'll need to do.

Please be aware though that it will only be the equity, not the full value that will be considered, unless there is no mortgage, in which case the equity and full value are the same.

You'll need a minimum of three times the liquid assets, as the income requirement.

I have a query in regard to this too.

We have currently aboit $25K in a US bank, about $10K in our Australian bank plus a property in the US which is probably worth $190K with an outstanding mortgage balance of approx $110K.

We have no children, and only my wifes student loans (about $40K outstanding).

Does this amount of cash and assets put us above the requirements, or will we need a sponsor?

Bulwara Road

Male

Australia

2014-05-14 08:09:00

Part IV query

I am about to send off my part IV packet, and I am wondering about 1 thing.

I need to send a police record and also any details of any court matters (I have a traffic offence and also a minor offence from years ago). Now I have obtained a letter from each court, but noticed today that I require a Court Certificate from each court - I have arranged today to get these certificates.

Now would it be best to wait until I receive these certificates before I send off the packet, or should I send the packet and hope it doesn't get checklisted, and if it does then just send the Court Certificates? Will it endlessly delay our case complete?

Thanks

Bulwara Road

Male

Australia

2014-07-07 19:55:00

Police Clearance query - Australia

I would included them. You don't know what kind of background checks (if any) the sydney embassy might run against your name. If you have the court documents, had them over. If your police check came through clean, then showing them the court files wont change the fact that your police check is clean.
Its what I would do in your case. Good luck!

That's what I thought would be best - at least this way I am showing that I am "overhonest" if that is a word.

Bulwara Road

Male

Australia

2014-07-10 07:33:00

Police Clearance query - Australia

I have just received my Police Record in the post and I have a query as to what I should do.

The certificate itself says that there are "no disclosable court outcomes" against my name - fantastic news.

The reality is that I have gone to court twice - once over 20 years ago for a minor offence, the second time 16 years ago for a traffic offence. Now I have gone to the trouble of getting court certificates for both of these offences, but am unsure as to whether I should declare them - as far as the Australian Federal Police are concerned, there are no disclosable court outcomes against my name.

What do you think I should do?

Bulwara Road

Male

Australia

2014-07-09 00:16:00

Help on I-130 Application

Hi Krispykreme, thank you for your reply.

Would also like to ask if you hired an immigration lawyer cause we are planning to hire one.

Also, how long is the process of your I-130 since I'm currently in the US with a visitor's visa? I'm only allowed til May 22nd - 6 month period.

kenj

Not Telling

Philippines

2014-01-20 03:49:00

Help on I-130 Application

My husband and I have been married for almost 3 years. He recently got his US citizenship. Hence, we're filing for I-130.

My Philippine passport has my maiden name on it and now we're going to file for I-130 but I wanted to use my married name.

Should I use my maiden name on the application and just put my married name on the "other names" section or would it be vice-versa?

kenj

Not Telling

Philippines

2014-01-20 01:43:00

I-864 Form

At first, I thought it was for the petitioner, but then, as I was comparing the new form to the old form, it makes sense that it is for the beneficiary. That's how I filled it out. Just waiting to be able to send it in, then I'll know for sure.

Happytobe

Female

Morocco

2013-05-12 22:08:00

AOS Bankruptcy

The following is what I found from googling the topic http://www.quanlegal...and-bankruptcy/

I-864 and Bankruptcy

Posted on March 3, 2010 by admin ? 0 Comments

?does a bankruptcy filing affect my ability to sponsor my family to come to the U.S.??

No, a bankruptcy filing, under either Chapter 7 or Chapter 13, does not prevent you from sponsoring family for immigration benefits.

When you sponsor a family member, you need to file an I-864 Affidavit of Support. With the I-864 the Government wants to make sure that you earn a decent income (125% of the Federal Poverty Guidelines), and it determines this by looking at your Adjusted Gross Income (?AGI?) from your recent tax returns.

So the I-864 cares about your gross income, not about how much you spend and your debts. Filing bankruptcy does not affect your gross income, so filing bankruptcy does not change what you report on the I-864. Filing bankruptcy helps to *reduce* your debts and therefore actually increases your net income, which is a positive thing!

Filed Under: Bankruptcy, Immigration

Happytobe

Female

Morocco

2013-05-18 16:17:00

CAN I PAY THE AOS BILL EVEN THOUGH MY SISTER WILL BE THE AOS FOR MY HUSBAND?

as long as it is a US bank account, anyone can pay the fee. One of my friends paid it for our case (early b-day gift). If you mean that your sister is the co-sponsor, you are aware that you are the primary sponsor and have to fill out and submit paperwork, as well, I hope.

Happytobe

Female

Morocco

2013-06-05 23:19:00