Jack_PK

Morning all

So its quite exciting, we're nearly done with everything with appointments set up and medical very soon.

However I need some advice over the AoS. A bit of context: My husband (USC) is my first sponsor, but does not meet the financial threshold. His father (USC) has agreed to be our joint sponsor.

It is my understanding that both partner and FiL complete their own I-864, ticking the relevant boxes to distinguish between the two.

My questions so far:

1) Part 3: 3a - Family Member 1 - I am the only sponsored immigrant, do we need to fill this out for me? Or is this if there were additional migrants?

2) Part 4: 2a - 4 Sponsor's Mailing Address - Partner (USC) is in the UK with me but we're intending to move together. I am trying to remember the rule to go with the obvious response but the instructions page makes it look more complicated. If he is in the UK does he complete this with our UK address, or our intending US address? Also I am assuming that 'Country of Domicile' is the UK on the basis that is where he has lived for the last ten years?

3) Part 6 - We do not meet the financial/employment threshold. Therefore I am assuming that (3) indicates where I put my joint sponsor?

4) Part 6: 17 - 20 - As mentioned my FiL is my joint sponsor. We have his is latest tax return to hand, but it a joint filing with the MiL - it is not possible to distinguish between them who has earnt the income. Would we also need to supply a copy of his W2 to help prove that he meets the threshold?


I hope some of this makes sense, as I said I have tried to 'keep it simple', but the instructions can appear to be counterintuitive. Any help would be most appreciated.

Jack.

ian-mstm

Just to clarify, AOS (or AoS) usually stands for Adjustment of Status... not Affidavit of Support - so people might be a tad confused.


To clarify, he is your sponsor... with no qualifier.


Correct.


Yes.


Yes.


Correct.


No. His father isn't part of your household.


If he filed his taxes jointly with your MIL then, on the assumption that his income alone satisfies the financial requirement, her income must be subtracted out prior to completing this section. You must then include a note indicating the reason for the discrepancy between what is entered on the I-864 and what shows up on the tax return.


The W-2s (both his and hers) must be included because it was part of the tax return. Also, any schedules that were completed must also be included. The entire return must be included... not just the 1040.

Ian

Jack_PK

Thank you for the help, apologies for not responding sooner but I wanted to begin the process before I came back with more questions.

I feel like I have got to grips with the majority of the form apart from Part 6.

As my partner is my sponsor, but does not meet the financial requirements - how do we fill this part out?

So far he has indicated that he is employed (Part 6 1.a), although it is in the UK. He has also put in the dollar value of his UK salary (which was reported to the IRS and is represented on the tax transcripts).

My question is: Do we fill this out in dollar values, and claim that he is employed (all be it in the UK, and paid in pound sterling)?

As stated before, we are using the FiL as a joint sponsor. My OH and I disagree over whether we are counted in his household (we don't live in the same house, nor are we dependents).

OH believes that because he is my joint sponsor - he would be, therefore we also need to fill out I-864A and include his financial details under Part 6: 3-5 (which would then accumulate on Part 6: 15)?

I believe that we don't need to fill out an I-864A or include his details on Part 6 because he will complete a 'stand alone' I-864, which will be taken with me to the interview, and evidenced with tax transcripts and copies of relevant W2s.

I hope this makes any sense, and any help would be appreciated.

Jack.

Noorah101

1. Yes, fill out current income in USD. No need to explain anything.

2. FIL completes a separate I-864. No I-864A is required. FIL's household size will be his own household plus the immigrant only (not the USC spouse).

Rene

ian-mstm

He completes the I-864 and answers all the questions. Since he has a joint sponsor, his information will be largely irrelevant... but he must still complete the form.


Yes, and yes. Why? Because it's true.


Neither of you are part of his household.


Your OH is wrong.


No I-864A is required, because neither of you is part of his household.

Ian

Jack_PK

Afternoon all

We have finally filled out all the documents, and I am still getting together evidence of intent to re-domicile.

Can double check though that in Part 4 - where it asks for 'Country of Domicile', what country do you put?

He has maintained bank accounts, licenses, and other factors in the US so we can prove intent, but I am just not sure whether he needs to put down either the US or the UK?

Sorry for the confusion, and any further clarity would be most appreciated!

Jack

Noorah101

Fill it out as it pertains to the situation on the day the form gets signed. So if the USC is currently living in the UK, he's domiciled in the UK.

Rene

Rete

Just to be a PITA, be sure that you have proof that your joint sponsor (FIL) in the US is either a USC or LPR.

Jack_PK

Thanks for that. We have photocopies of his birth certificate and US passport. Would this be enough?

Jack_PK

Thankyou.

Not long to go now, getting nervous :P

Edit: Can you advise what they mean by this though? It states that a my partner cannot be my sponsor if they are not domiciled in the US? http://www.immihelp.com/affidavit-of...-domicile.html

I know I making this more complicated that it probably needs to be, I guess I'm just anxious.

Rete

Copy of the passport is perfect. Being born in the US, in some particular cases, i.e. children of diplomats, does not automatically make you a US citizen.

Noorah101

Yes.

Rene

Noorah101

Just bring some evidence of intent to domicile in the USA. London will accept that in lieu of her actually being domiciled in the USA.

Rene

Jack_PK

Morning all

Again thank you for all your help with this. Anxiety has well and truly taken over! This is a list of the things that I have that I will be brining to my interview on Monday, can you spot any obvious misses?

Interview Confirmation
DS260 Confirmation
Passport (UKC/me)
Birth Certificate (me)
Birth Certificate (USC husband) (Certified Copy)
Marriage Certificate
Police Certificate
Photographs (US standard)

I864 - Sponsor's Copy (husband)
- 2014,15,16 Tax Transcripts
- Proof of intent to return: Maintained US driver's license, US bank
statements (copy), flight itineraries, shipping
invoice, dog shipping invoice, husband's letter
of resignation from position in UK.

I864 - Joint - Sponsor's Copy (FiL)
- 2016 Tax Transcript
- 2016 W2 (scanned copy) (both FiL and MiL's as filed jointly on tax
return, only FiL's income needed)
- Biometric page and front cover Passport (US) (Scanned Copy)


Am I missing anything else?

Cheers

Jack

Jack_PK

Hi all

I just wanted to note that I had my interview, and I have been approved We're now just waiting for the passport to be returned in the post!

I will likely be moving in the next two months!

thank you for giving me guidance!

Jack