ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864A help

Tax: wife was earning in the UK up to July 2013 but had not filed us taxes since she moved to UK in 2002. IRS allows rectification of simple delinquent taxes with a no jeopardy filing of last 3 years, plus last 6 years FBAR if greater than $10000 in accounts in any year. She quit work in July 13. Taxes are properly filed by CPA and full schedules are in hand. Joint sponsor covers financial requirement. My income is UK earned but I will be moving for non-res tax status in UK as of 2014 new tax year. So, she files I-864. Zero income. My income is on it but may not count as UK earned. No I-864A requirement at all. Send. Hello visa.

Your guys rock (I believe the Americans say).

The only reason you would want to get your income counted on an I-864 is if you didn't have a joint sponsor. Then you would need proof from employer that you will continue in that airline job from the US. That is just too much bother to document when you have a willing joint sponsor.

As for wife, the concern is her current income. She is currently unemployed. In part 6 of the form--
4. X Unemployed since 07/??/2013
5. My current individual annual income is $0
(blank)
10. My current annual household income is $0
(blank)
13. X
13 abc. Get the numbers off line 22 of the tax returns. They don't have to match her current income or anything else.

Part 7 assets--you can list the assets if you want, but then you need to attach proof of those assets. It's not going to allow her to be the only sponsor so not really needed because you have the joint sponsor.


Now I have a question. Did the embassy give you a phone number of how to send your document and passport back to them? I ask because calling the old number for DX, they say they don't do that anymore since the embassy switched over their courier procedure. Can you share what you were told about sending your missing documentation to the embassy?














Nich-NickNot TellingUnited Kingdom2013-08-29 07:00:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864A help
Agree. Then a statement saying why petitioner wasn't required to file instead of a tax return. He said she had back filed 2010-2012 so I figure she could send 2012.
Nich-NickNot TellingUnited Kingdom2013-08-28 22:21:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864A help

Thank you so much for the advice. Really great. To summarise then.

So, the packet will contain :

I-864 from wife

Signed tax return from wife

Proof of assets and income from both of us

Please, have I got this right?

Many thanks again.












To keep this real simple and get your visa.

1) Wife fills out an I-864 and puts zero income because she is required to submit an affidavit of support.
2) She provides one tax return because it is a required document with an I-864.

Done! You get a visa.

You have an adequate joint sponsor with income. Don't worry about your wife 's or your income. You are covered by the joint sponsor. They just need a signed I-864 from the wife saying she is legally on the hook for you.

Edited by Nich-Nick, 28 August 2013 - 08:43 PM.









Nich-NickNot TellingUnited Kingdom2013-08-28 20:39:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNeed help on what to do keep getting different answers when calling uscis.

Thank you for the support right now I just need to know what forms to fill out what immigration procedure does my wife and I have to go through to have her become a permanent resident. Please if you can help label it out step by step you are all the help I currently have. Thank you soo much.


This is a do-it-yourself site so you have to find your way in the guides that have been written. You were given the guide link. There are sample forms filled out too. Look at the menu bar for those.Also each form will have many pages of instructions to study.

If you want a personal escort for every step and form, an immigration lawyer can fill out the forms for you, send them, and even attend the interview with you. Sometimes that is the best way to go if reading the do-it-yourself information is too confusing. You do want to get this done right because if there is a problem and you should get denied, there is no appeal process when she entered as a visitor on VWP instead of a proper immigrant visa.



Nich-NickNot TellingUnited Kingdom2013-09-18 07:56:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAOS forms

 
Yes he'll be able to get a good employers letter, plus he has shares in the company so hopefully that will look favourable too.
 
I'll only have about £3k savings, so nothing as big as what they are looking for. But least we have a back-up co-sponsor if needs be.
 
Thank you for the advice, it's much appreciated





£3k is $4800. That makes up for $1600 salary shortfall. Take proof. Any extra money is a good thing when you are close to the line.

Nich-NickNot TellingUnited Kingdom2013-09-19 09:20:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAOS forms

 
So the bad news is that my hubby is slightly under the threshold.... BUT the good news is, he just got a pay rise which is taking him over it, yay!
 
Sooooo do you think that if we showed payslips from both when he is under and over the threshold he'd still qualify as a sponsor (without needing a joint one?) Hopefully it will show more longevity in the role by him getting a pay rise - What do you reckon?

 





Nobody can get in the head of the adjudicator so hard to say yes or no. In theory--yes it should work. Can he also get a good employer letter that says he is employed since [date] and was given a raise on [date] bringing his salary up to $xxxxxx.xx per year? Do either of you have any cash savings to add to the pot?

Nich-NickNot TellingUnited Kingdom2013-09-19 08:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAOS forms
Does his current income exceed the threshhold $19387?
For example if he makes right now $2000/month then he lists his current income as $24,000/year.
If he can prove that with an employer letter and pay stubs, you qualify without a joint sponsor.

Part of filing a form I-864 which he must do, with or without a joint sponsor, is send a copy of his 2012 tax return or a reason why he was not required to file.

His requirement to file taxes--depends on a his income for the year 2012 prior to quitting his job. As a single person in 2012, if he earned less than $9750 then no filing required. His statement will go with the I-864 in the place where he he would normally put the tax return.

--------------------
STATEMENT OF NON-FILING 2012 TAX RETURN

In 2012, I earned only $1234.56 because I was out of the country for 8 months and unemployed during the time away. I was below the income threshhold of $9750 required for filing a 2012 tax return.

Name, signature, date

------------


That takes care of no tax return to send (with or without a joint sponsor).

Side note: If he worked a job any part of 2012 and had federal taxes withheld by his employer which is a normal thing when you are employed, then he threw that withheld money away. If he files a tax return, he will get that money back because he has no tax if his year's earnings were under $9750. So the money held out to pay his tax bill is refunded.

Edited by Nich-Nick, 16 September 2013 - 09:45 AM.





















Nich-NickNot TellingUnited Kingdom2013-09-16 09:44:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAOS forms
Katie---a reminder:
Keep a photocopy of your police certificate to show at your medical exam before you send your things to NVC.

Also, you know your husband is required to submit a 2012 tax return or a written (legal) reason why he was not required to file? It sounded in the way you wrote it above that not filing is why you need a joint sponsor. No current income or job now is a reason for a joint sponsor.

(Bleh...what I just wrote is as confusing.)

Does he have a job now?
Is the reason for no tax return because he didn't have a job in 2012?








Nich-NickNot TellingUnited Kingdom2013-09-16 08:15:00
IR-1 / CR-1 Spouse Visa Process & ProceduresName change when returning to home to wait to Visa
You may begin using you husband's name as soon as you marry or not. If you want his name as your greencard name, then that is how you apply. My husband and I use different last names. That is ok too and it doesn't keep you from getting a greencard or citizenship.

Back in the UK. You may keep your old passport and use it un til it expires. Others have done that. Book tickets in the passport name to get through the airlines easier. Carry your marriage certificate with you to prove your new last name if you want to start changing things...like applying for a new passport. It is cheaper to get in the UK if you intend to take your husband's name permanently. Tell your bank whenever you want to.


Nich-NickNot TellingUnited Kingdom2013-09-26 11:51:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 by email
Yes you are required to submit a tax return or a statement of why you were not required to file. Being abroad is not a valid reason. Earning no income is a valid reason.
Nich-NickNot TellingUnited Kingdom2013-10-01 08:11:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 "missing or incomplete information" - questions?

Thanks Nich-Nick,
 
The online form, which ended up saying The address you have entered does not match our records", also had the number and I called it. But the automated system led to the same problem the address didnt match and I couldnt speak to anyone. So strange! My wife received confirmation of her tax payment etc. at the address Im trying to use. I tried her last address, but that didnt work, either.
 
The link you sent is for Form 4506T. Theres also a 4506. And the webpage (the online form which wouldnt recognise the address) also had a link (http://www.irs.gov/p...-pdf/f4506t.pdf) to form 4506T-EZ.
 
Which should I use?
 
If 4506T-EZ, I dont understand Sections 6, 7 and 8, or the caution after section 8.
 
Thanks again!









6. 1040 is the form most individuals use. Some with a very simple return use 1040A or 1040EZ. I don't know. Look at the tax return you have and what form was filed.
6a. Check that box you want a tax return transcript
6b to 8. No checks. You do not want any of those.
9. 2012 2011 2010 might as well get three years since you can.

Who is the taxpayer? Your wife? She must sign it. Is she in Asia also?

4506 is for a copy of a tax return. You want a TRANSCRIPT. Different things. You have a copy of her return. It didn't work because it was incomplete. You haven't been able to explain what was sent...like a w2 with it.?? So a transcript will be complete.

Edited by Nich-Nick, 27 September 2013 - 02:40 PM.








Nich-NickNot TellingUnited Kingdom2013-09-27 14:33:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 "missing or incomplete information" - questions?

Hi again, I tried to order the tax transcripts but it says "The address you have entered does not match our records" -- even though I am entering the current address which was on the 2012 tax return. 
 
I tried several versions of the street address, e.g. "12-34 60th Street" and "1234 60th Street", and I tried the five-digit and nine-digit zip code. 
 
It should be so simple and yet it's not working! Any ideas?




The other ways I know are calling the transcript automated ordering number 800-908-9946
Or fill in this form and fax it in http://www.irs.gov/p...df/f4506tez.pdf The fax numbers are on the second page and depend on the state of residence. If you aren't the taxpayer, your spouse will have to do it.

Or just call the general IRS number and ask for help with a tax return transcript. They should transfer you to a live person in the correct department.




Nich-NickNot TellingUnited Kingdom2013-09-27 07:42:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 "missing or incomplete information" - questions?

 
Thank you so much. I thought that getting the transcript was going to be a big hassle. And sending a photocopy of the transcripts is ok?

Send the real one. Don't mess around with an RFE. They are free. Order as often as you wish if you need another. Get you joint sponsor to order one too.
 


So, I assume that the joint sponsor should also fill out the I-864 online and then print and send (even though the instructions said just to download the form and complete it).

You are getting into over-analyzing words. Clicking on the document link and opening the PDF is what they mean by "download" the form. "Complete" the form means type in the blanks you see on the computer. Then print. Save a copy to the home computer.

I don't understand why you (or wife) don't have a photocopy of everything you sent to NVC so you could look at it and know what is on form I-864 for income of your joint sponsor. And look at his tax return Line 22 and report back here. We are guessing what might be wrong. Look at the saved photocopy and tell us. If you don't make a photocopy of every single item you mail off, then shame on you. You got nothing to look at to see where you went wrong and understand the corrections needed.

Start over with the joint sponsor...new form, new tax transcript, and additional proof if he make more Income currently than he did in the tax year 2012. Whatever he puts on his I-864 in Part 6 #5 needs documents to prove it, not just his word.
 

Edited by Nich-Nick, 26 September 2013 - 02:33 PM.










Nich-NickNot TellingUnited Kingdom2013-09-26 14:29:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 "missing or incomplete information" - questions?

 
Petitioner (my wife): The letter states:
Supporting Documents Missing or Incomplete:
[x] The listed income tax documents/IRS statements for the years marked below are missing/incomplete. (Only Federal returns (not state or local) are acceptable) Federal income tax returns, literal printouts from the IRS (RTFTP) or a Letter 1722 issued by IRS are missing/incomplete for the year(s): [x] 2012 [ ] 2010 [ ] 2009 [ ] 2008.
[x] You have not enclosed an explanation of why you were not required to file income taxes under Federal tax laws for any/all of the 3 most recent tax years.



This says they need a 2012 tax transcript for your wife. Order from the IRS.
RTFTP is Return Transcript for Taxpayer.
If you sent only printouts from the accountant and but not the W2 or 1099 with it, then it was INCOMPLETE evidence. Order a tax transcript free from IRS and it will be complete and all you need. Order here http://www.irs.gov/I...er-a-Transcript


Immigrant (me): The letter states: All traveling immigrant visa applicants on your case are required to complete and submit the DS-260 Online Immigrant Visa Application. The DS-260 Online Immigrant Visa Application replaces the paper-based DS-230 Immigrant Visa Application. The DS-260 must be completed when NVC is still missing documents or information to complete your case.

They have switched to a new form DS-260 that is submitted electronically. It replaces DS-230 that was printed and mailed. Because you didn't get the right stuff in the first time, your DS-230 doesn't count anymore. Think of it as having to get back in line again. The old line used 230. The new line requires DS-260. You got caught in the switch. Submit electronically here Department of State's website - https://ceac.state.gov/IV/Login.aspx 


they were asking for something specific about the joint sponsors income: The income you enter must match the total (gross) income reported on your most recent Federal income tax return

It sounds like your person entered yearly income in Part 6 #5 that is not backed up by their tax return, precisely IRS form 1040, Line 22. For example if I put my income at $60 000 but the IRS Form 1040 Line 22 says $16,000...well are they supposed to believe me without evidence? If I got a new job since 2012 and my employer wrote a letter saying I make $60k/year and I sent some pay stubs showing $5,000 per month on them...well that would back up my claim of earning more than last year's tax return says.
-OR-
If your person is self employed without a regular paycheck, then their proof must come from IRS Form 1040,Line 22. Example owning a business---gross sales are not put on the affidavit of support because most in business take many business expense deductions. They reduce their income that way and Line 22 is what their income is. Have a look at your joint sponsors tax return and I -864 where they report their income. The problem is there. No explanation letter is require. If they do make more than the tax return says, then they need documentation,

Edited by Nich-Nick, 26 September 2013 - 10:24 AM.











Nich-NickNot TellingUnited Kingdom2013-09-26 10:19:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 "missing or incomplete information" - questions?
Lots of questions you asked, but first clarify this--
You wife sent a printout of her entire 2012 tax return. But did she also include a copy of her W2 (or maybe 1099 if her income was reported on that one)?

An acceptable "complete tax return" is all the forms and schedules PLUS a W2 or 1099.
Or a tax transcript from the IRS which stands alone without W2s.

Edited by Nich-Nick, 14 September 2013 - 08:04 AM.





Nich-NickNot TellingUnited Kingdom2013-09-14 08:02:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCheck defficiency notice
It could be a mistake and the update was supposed to go on another person's file.

Answering your question--when other's have gotten the petition back because they made the check out incorrectly, for example, they just write a new check and mail the original petition back with it.


Nich-NickNot TellingUnited Kingdom2013-10-18 07:32:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPetitioner's passport still in maiden name - problem?
Her passport can be in a different name. At the interview in London, only your passport will be viewed, so her having a new one wouldn't benefit you like you think. Her passport is not part of the interview.
Nich-NickNot TellingUnited Kingdom2013-10-27 12:38:00
IR-1 / CR-1 Spouse Visa Process & ProceduresVaccination records in maiden name
Don't you have a passport or driver license showing your photo and that maiden name?
Nich-NickNot TellingUnited Kingdom2013-11-08 18:07:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWithdrawing I-130?
Can I jump in here with some thoughts?

I had a boss who told me once "I can much easier "forgive" than give you "permission". Meaning he wasn't going to authorize what I wanted to do but he would overlook it if I did it. So you are on an extended holiday to the US because you are an American. Your family home residence is in the UK. You qualify. I wouldn't lay my cards out on the table. Besides it's next to impossible to "call" the embassy or the USCIS office (which are not the same thing BTW.)

File the form asap. Hurry before they all leave for long Christmas breaks to the US and work with a small staff. THEN withdraw the other petition filed in the US after approval. It could be approved by London USCIS in 3 weeks. Wouldn't that work Lost?

Also domicile or "intent to domicile" is very easy at a London interview. I have known people who just showed emails back and forth with apartment locators discussing moving as enough for intent to domicile. You have a lease to show that you have been on a trip to sort things for your eventual move. If you still have a US driver license or bank, it shows you never relinquished your domicile. Your residence and domicile are different. Read the London page where they discuss it. There's a link in the step by step guide for London DCF that Lost_at_sea wrote. Have you read that yet?






Nich-NickNot TellingUnited Kingdom2013-11-11 16:29:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWithdrawing I-130?
You don't have to live in the UK at the interview time, nor do you have to attend. Many American spouses move sometime after filing and to establish domicile and find a job so they can provide the affidavit of support. This is the DCF forum http://www.visajourn...ral-discussion/

And this is a helpful thread in the UK forum detailing DCF London. A few changes have been made at London so read the entire thread to find any updates to the procedure. http://www.visajourn...1-spouse-guide/

Lost _at_sea is a good resource person to help you.




Nich-NickNot TellingUnited Kingdom2013-11-10 21:37:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 - taxes not filed
It's an example of a form that likely fits most, but not all. And it doesn't fit you

Suggestions from my brain, not any official source:

1) Cross out 3 and write in 2 years. (I have crossed out on a USCIS form with no repercussions)

2) Tick it anyway and don't worry about it.

3) Don't tick it and tick the other one about sending tax returns for the second and third most recent years. Then behind the form send 2013, 2012, and statement about 2011. Ot's kinda like the statement takes the place of the third year.








Nich-NickNot TellingUnited Kingdom2013-11-13 17:39:00
IR-1 / CR-1 Spouse Visa Process & ProceduresContent of letter in lieu of tax returns/transcript (split topic)

I need to send an affidavit letter in lieu of my last three tax year returns  as I have not been working and did no file. Can someone tell me what I should include in the letter/explanation? Has anyone done this? (I was told this by an immigration lawyer/friend)

To whom it may concern:

I did not file a tax return in 2012, 2011, or 2010 because I was unemployed and earned $0.00 income and thus was not required by the IRS to file.


Signature
Typed full name
Date

Edited by Nich-Nick, 14 November 2013 - 01:15 PM.








Nich-NickNot TellingUnited Kingdom2013-11-14 13:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAn I-864 Joint Sponsor Question
I would think yes that would be fine if he doesn't have a photocopy of his birth certificate. But I have also seen posts where petitioners on an I-130 or I129F who used a passport as proof of citizenship were asked to copy the entire thing. I don't really know if that is a VJ suggested caution or official from USCIS and people got RFEs for not copying the whole thing. The I-130 instructions say--
"4. A copy of your unexpired U.S. passport; "

I suppose that is interpreted to mean every page.



Nich-NickNot TellingUnited Kingdom2013-12-11 12:18:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAn I-864 Joint Sponsor Question

This means there is no need to list his wife's income, correct?
 
Also, on Part 6, 13.a-13.c where he needs to list his total income, it should just be what HE earned in those years and not he and his wife together?
 



Those three lines want what is actually on his tax return. It isn't to be interpreted as modify my tax return numbers to remove my wife's share. I personally listed exactly what was on a tax return filed jointly with my former spouse. It was way higher than the current income I was listing. It didn't matter to USCIS because it was not questioned.

He does not have to include his wife's income and her I-864A. But he has to clearly prove his separate income with things like letter from his employer and/or pay stubs because the joint tax return lumps all the income together. The instructions say:

Annual Household Income.
This section is used to determine the sponsor's household income. Take your annual individual income from Item Number 5. and enter it on Item Number 6.c. If this amount is greater than 125 percent (or 100 percent if you are on active duty in the U.S. military and sponsoring your spouse or child) of the Federal Poverty Guidelines for your household size from Part 5., Item Number 8., you do not need to include any household member's income. See Form I-864P for reference on the Poverty Guidelines.


Don't forget the proof that he is a US citizen or permanent resident.





Nich-NickNot TellingUnited Kingdom2013-12-11 09:40:00
IR-1 / CR-1 Spouse Visa Process & ProceduresVisiting Questions

 
Another excellent point. I've checked, and ESTA is under maiden name also. She's all set.


Daymo--I sent a reply to you last night? Did you see it?

Nich-NickNot TellingUnited Kingdom2013-12-13 11:47:00
IR-1 / CR-1 Spouse Visa Process & ProceduresImmunisations for UK citizen applying for CR-1
Age 18 is the end of Hepatitis requirement.

Heres the shots needed for 19 through 59 years of age: 
Td or Tdap - or  get DT, DTP or DtaP and it will be accepted for AOS also (not longer than 10 yrs ago)
MMR (if born in 1957 or later)  It's two doses in your life.
Varicella Not routinely given in the UK ;  a history of having chickenpox excuses you from the shot. They take your word for it at the visa medical exam. 
Influenza - During flu season only, October 1 through March 31. This was a new recommendation dated November 2010 for all ages over 6 months.  Older lists will say flu shots for over age 50. It changed.


If your Diptheria, Tetanus, Pertussis shot was more than 10 years ago, you need a Td (tetanus/diptheria)
Not sure if Knightsbridge will be okay with the MMR. You had one as a child, but then the measles/rubella one didn't Include mumps. You might get another MMR at your GP to make sure you are fully compliant or just wait u til your visa medical and pay for one if they question your MMR compliance.

The US has some different immunization schedules, so you are forced to get aligned with those to immigrate.












Nich-NickNot TellingUnited Kingdom2013-12-17 10:51:00
IR-1 / CR-1 Spouse Visa Process & ProceduresVisiting spouse - things to bring?
This is my list for K1s which I modified for you.

  • Get some passport photos taken.  You will eventually need
    2 US sized for the Embassy
    1 UK sized for the police certificate
    1 either size for the visa medical exam. 
    You can take your own and size it for US using this uploader tool from the Dept of State. Scroll halfway down the page. http://travel.state....toreq_5333.html Save the jpg file and print at home or at a photo place. Also available at Snappy Snaps, Photo-Me booths, Jessops, Gould's Pharmacy (by the embassy), near the Bond St Tube station (Oxford St) which is closest Tube to the medical exam.



  • Go to your NHS doctor and get the immunizations you will need.  Many NHS doctors will do them for free, but they are not obligated to do so for immigration purposes.  If you had these shots as a child, Tdap/Td  must be no longer than 10 years ago or you have to do them again.  Get the shots documented by your doctor to take to your visa medical exam. Heres the shots needed for 19 through 59 years of age: 
    Td or Tdap - or  get DT, DTP or DtaP and it will be accepted for AOS also (not longer than 10 yrs ago)
    MMR (if born in 1957 or later) Get a second shot 4 wks later if you have time before your medical.  It's two doses in your life, but if you get the first,  and 4 weeks haven't passed by your medical, they will waive the second dose for "insufficient time interval". You likely already had at least one dose as a child.
    Varicella Not routinely given in the UK ;  a history of having chickenpox excuses you from the shot. They take your word for it at the visa medical exam. Or in the case of a spouse visa, there is a box for "not available" they can tick to waive the shot.
    Influenza - During flu season only, October 1 through March 31. This was a new recommendation dated November 2010 for all ages over 6 months.  Older lists will say flu shots for over age 50. It changed.



  • Order your police certificate.  It takes some preparation because you need a passport photo signed off on by somebody officialish who has known you two years.  Heres the website.  Read the instructions. A police certificate is good for 12 months. Must take it  to medical exam so make a photocopy before mailing off to NVC. .  http://www.acro.poli...rtificates.aspx
  • Look at your passport and make sure it will have  6 months remaining after visa issuance. If not get it renewed now. If you've damaged it or gotten it wet, or the edges are wrinkled,  it will need to be renewed. London is fussy about that.
  • Study the list of original documents for NVC and get those in hand or ordered.  http://london.usemba..._documents.html
    Make photocopies of any document you want back. London will give back the original and file the photocopy.

Edited by Nich-Nick, 18 December 2013 - 07:43 AM.



Nich-NickNot TellingUnited Kingdom2013-12-18 07:40:00
IR-1 / CR-1 Spouse Visa Process & ProceduresJoint sponsor / Household member question

I sent in an I-864 for each of them as joint sponsors (first and second) along with my I-864 (three complete ones total). After that, I came across the I-864A form, and am now concerned that I should have sent that in for my mom instead of the I-864 (the tax transcripts are in my step-father's name, but my mom is listed on their too and her income is combined). Did I do things correctly or not? And is it going to cause a problem or delay?
 
Please shed some light on my situation, thank you!


Only two I-864s can be used. One has to be from the spouse and the other from one joint sponsor.

You current Income is sufficient and your I-864 alone should suffice.

On your Dad's form, if he makes enough and if he listed his separate income in Part 6 #5 and included proof of his separate income with an employer letter, pay stubs, or W2, it should be accepted also. He doesn't need to add Mom's income as a family member to his I-864. Only if he put her income in Part 6 #6 a-c would she fill out an I864A.

If you only sent Dad's joint tax return as proof of his income, with nothing to clearly show his separate income, then they will just disregard it (if yours is sufficient) or RFE for not proving his income. What is listed in the tax return boxes doesn't really matter as long as one proves current income with other evidence. On mine, I listed a joint tax return amount (and submitted the return) that was joint with my former spouse. It was my tax return. I couldn't modify it to take out somebody I had filed jointly with in the past.

Hope this makes sense.









Nich-NickNot TellingUnited Kingdom2013-12-18 09:59:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 has been approved. Now...Fees? What's next?

I got a notice that we were approved yesterday. Now I know we get transferred to NVC and we have to do AOS and DS-260.  Anyone know the fee amounts that are coming up?
 
I-864?
DS-260?
Medical? $250 - $300
Anything else?
 






UK CR1 = $903-$933 + £280

$420  (USCIS) I-130 petition 
$230 (National Visa Center)  Visa fee
$88 (National Visa Center)  Affidavit of Support Review fee
£45  ACPO Police certificate
£235 (Knightsbridge Doctors) medical exam
$30 Courier fee if home delivery, $0 to pick up at a depot (pay online prior to interview)
$165.00 (USCIS) Immigrant Fee via the Department of State's website - https://ceac.state.gov/IV/Login.aspx 









Nich-NickNot TellingUnited Kingdom2013-12-31 22:23:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNigeria Police Report/Certificate
I wasn't replying to your Canada issue or the UK police certificate. I don't know if they will accept the word "Canada" because despite almost 6 years of experience with the London embassy, you are the first I know with the word Canada on a Nigerian police certificate. It doesn't come up often.

I was only replying to the fact that you mentioned the 3 month Nigerian expiration as if that was also an issue. In case you hadn't already studied the London website to know their policy on foreign police certificates, I was pointing you to the expiration discussion. The part I put in bold is further information on what I thought was your secondary concern. Sorry for the reply.


Nich-NickNot TellingUnited Kingdom2014-01-03 12:33:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNigeria Police Report/Certificate

,. It is valid for only 3 months, should I just request it to be corrected or apply for another one? Or can I send the certificate without any correction?
 

From the London website


Note: UK police certificates are valid for one (1) year only.  All other foreign police certificates are valid indefinitely, unless the applicant has traveled to the country in the last year.  Bearing in mind this information, applicants must ensure that a valid police certificate is presented at the time of their appointment. 


http://london.usemba...ice_certificate

Edited by Nich-Nick, 03 January 2014 - 09:00 AM.





Nich-NickNot TellingUnited Kingdom2014-01-03 08:59:00
IR-1 / CR-1 Spouse Visa Process & ProceduresMoving Dates Question?
Yes. When he enters, he will get a I-551 notation in his passport indicating he is a permanent resident. He could leave the next day and that notation serves as a greencard for re-entry until he receives the actual card in the mail a few weeks later.

Maintaining permanent residence has some rules about being out of the US for long periods of time. That is best explained by the USCIS http://www.uscis.gov...manent-resident


Nich-NickNot TellingUnited Kingdom2014-01-18 13:50:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 Question Re: Address in the US
You don't have have the same address as your sponsor on the I-864 or even be related. So that isn't a consideration of what to put for an address. If you want to put a stable address just as a contact method, you could list the parents instead of unknown. You will have opportunity to change your address if needed.
Nich-NickNot TellingUnited Kingdom2014-01-19 13:25:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDomicile questions (split topic)
If 125% of the poverty level is $20,000 for family size, then if a spouse can show 3 times that amount ($60k) in assets they qualify as the sole sponsor. Read the intructions of the I-864 (page 7, using assets) and look up the specific poverty guidelines on the I-864P. That was only an example figure. Both found at USCIS.gov/forms.

As far as the domicile, nobody knows who will interview you or what they might ask for. We only know what others have reported. So read the i-864 instructions on domicile and what the London embassy says on their website about it. Then take whatever you want. My only comment is you have a LOT and are still grasping for more...letter from Mom and realtor.

Read the instructions. I had to read them 3 or 4 times before they started making sense. Don't believe a stranger on a forum in lieu of the official word.

Edited by Nich-Nick, 19 January 2014 - 10:16 PM.





Nich-NickNot TellingUnited Kingdom2014-01-19 22:14:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDomicile questions (split topic)

Do you think this is enough?
 
Also why do you say London is not difficult with proving domicile. The thing is, i don't think she actually broke domicile, but do we just write a general letter with the above info?


I say not difficult because people have showed a few email discussions with an apartment locator and that was enough to show intent to re-establish domicile at a London interview. Just a plan to go back is allowed. Sometimes people aren't even asked in London.

Nich-NickNot TellingUnited Kingdom2014-01-19 18:15:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDomicile questions (split topic)
She sounds fine. Domicile isn't that difficult at a London interview. It's not like you are building a case for the Supreme court. She has maintained her ties.
Nich-NickNot TellingUnited Kingdom2014-01-19 13:33:00
IR-1 / CR-1 Spouse Visa Process & ProceduresEntering on VWP (from UK), marrying, leaving, ok?
We didn't mention this before, but because you are residing in Ireland, you will interview and have the medical in Dublin and not in London, United Kingdom. Some people think they must get the visa from the country of their passport.
Nich-NickNot TellingUnited Kingdom2014-01-27 21:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQuick1: I-130 approved while in USA on WVP?
Parts--

1) Petition at USCIS approved. Sent to NVC

2) NVC- forms, documents, fees, and a few months processing. When "case complete" , meaning all the processing is done, the NVC will assign your date to appear in Dublin. You should have a month's notice. Get back to Dublin in time for a medical exam and the interview.

3) Dublin has the file from NVC. The get the medical report from the panel physician. You Interview. They keep passport to stick the visa in. A week later (?) the visa/passport is couriered (or mailed ) to your home in Dublin. Not sure if Dublin uses a courier service or mail. There will also be a packet containing all your case file that you will turn over, unopened, to immigration when you enter the US on your visa.






Nich-NickNot TellingUnited Kingdom2014-01-29 09:33:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-864 or I-864a
I-864 is what she should fill out. If you want them to consider her 2013 income as shown on the tax return, then she needs to get busy and file. A note from you will not be considered. An employer letter stating her current income would be considered.


No tax return---use your reasons. This is an example.

Your name 
Affidavit of Support for [spouse], LNDxxxxxxxxx
STATEMENT OF WHY I DID NOT FILE A TAX RETURN

According to IRS publication 501-Exemptions, Standard Deduction, and Filing Information, I was not required to file an individual tax return. for the years 2010. 2011, and 2012 for the following reasons:

1. I was a full time student, unmarried,  and under the age of 22
2. I was a dependent on my father's tax return
3. I was unemployed and had zero earned income in 2010, 2011, and 2012.
4. My unearned income was less than $950 each of those years. 
Unearned income 2010 was $______
Unearned income 2011 was $______
Unearned income 2012 was $______


(signature)
Type out full name





















Nich-NickNot TellingUnited Kingdom2014-02-24 18:10:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPolice certificate for spouse who previously held GC
You are starting over and need any required foreign police certificates just like a first timer.
Nich-NickNot TellingUnited Kingdom2014-02-25 17:02:00