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HELP Adjustment of Status Affidavit of Support I-864 Form

HELP Adjustment of Status Affidavit of Support I-864 Form

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Old Jan 15th 2016, 12:50 pm
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Unhappy HELP Adjustment of Status Affidavit of Support I-864 Form

Hi guys,
Desperately need some help/guidance with all this stuff...Both my husband and I are useless at paperwork so everything has been a struggle.

So I came in on a fiance K1 Visa on 3rd December. And got married on 8th January. Currently getting all the AOS stuff together and it's pretty much all good except for the Affidavit of Support

We did the I-864 form before I came here encase they wanted it in the interview. So I'm just going over what we did and changing certain bits (like my last name!)

The bit we are worried/concerned about is the tax stuff. We have currently detailed 2012, 2013 and 2014. But now we are in the New year will we have to do 2013, 2014 AND 2015. We will have to wait a bit if we do and I really want to get it posted now ASAP.


Also here is my current contents for my AOS package, please let me know if I'm missing something.

Contents

Section 1

I-485 Form
I-765 Form
Applicant G-325A (with two passport-style photos attached)
Petitioner G-325A
Copy of Birth Certificate
Copy of Passport page
Copy of passport page with visa admission stamp
Electronic print out of Form I-94
Marriage Certificate
Vaccination Documentation completed by Knightsbridge Doctors
Copy of form I-797, Notice of Action
Copy of approved form I-29F
NVC letter explaining forwarding petition to consulate
U.S.embassy petition approval letter

Section 2

Husband’s Support-

Form I-864, Affidavit of Support Under Section 213A of the Act
8 weeks of pay stubs
Tax Return

Mother and Father in Law Support-

Form I-864A Contract Between Sponsor and Household Member -Gregory McLeod
Form I-864A Contract Between Sponsor and Household Member – Renee McLeod






Thanks in advance for your help.
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Old Jan 15th 2016, 2:28 pm
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Default Re: HELP Adjustment of Status Affidavit of Support I-864 Form

Originally Posted by CorinnaCrackles
Hi guys,

The bit we are worried/concerned about is the tax stuff. We have currently detailed 2012, 2013 and 2014. But now we are in the New year will we have to do 2013, 2014 AND 2015. We will have to wait a bit if we do and I really want to get it posted now ASAP.

.

Can't help with the other details, but the 2015 tax return is not due until April 15, 2016. Thus you will be fine with the 2012, 2013, and 2014 returns. Good luck!
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Old Jan 15th 2016, 2:29 pm
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Default Re: HELP Adjustment of Status Affidavit of Support I-864 Form

Re the taxes, you don't need to include 2015 yet, if you haven't filed yet. Use the most recent 3 that have been filed to IRS.

Rene
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Old Jan 15th 2016, 2:39 pm
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Default Re: HELP Adjustment of Status Affidavit of Support I-864 Form

The joint sponsor completes an I-864. The only reason an I-864A would be needed is if the joint sponsor needs a household member's income to qualify financially.

Rene
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Old Jan 15th 2016, 2:42 pm
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Default Re: HELP Adjustment of Status Affidavit of Support I-864 Form

Originally Posted by CorinnaCrackles
Petitioner G-325A
Copy of approved form I-29F
NVC letter explaining forwarding petition to consulate
U.S.embassy petition approval letter.
Don't need the items above.

Rene
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Old Jan 15th 2016, 2:44 pm
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Default Re: HELP Adjustment of Status Affidavit of Support I-864 Form

Keep in mind that the I -765 had backup documentation (that you didn't list here).

You are missing the I-131 (for travel)

Rene
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Old Jan 15th 2016, 3:46 pm
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Default Re: HELP Adjustment of Status Affidavit of Support I-864 Form

Thanks so much Nutmegger and Rene; such a relief about the taxes.

We just ordered the last 3 years of his IRS transcripts. Will this be enough tax documentation??

Thats cool about the I-864A because we meet the poverty line thing so won't need this...PHEW more paperwork I don't need to worry about!!!!

With the I-795 WHAT DOCUMENTATION AHHHHH?!?

Also Yes with the I-131 we are not intending to travel so should be okay I saw this was optional but thanks for the heads up!

You have been so very helpful. Thank you Nutmegger and a big thank you to Rene for even more info!
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Old Jan 15th 2016, 4:05 pm
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Default Re: HELP Adjustment of Status Affidavit of Support I-864 Form

Originally Posted by CorinnaCrackles
We just ordered the last 3 years of his IRS transcripts. Will this be enough tax documentation??
Yes.


Thats cool about the I-864A because we meet the poverty line thing so won't need this...PHEW more paperwork I don't need to worry about!!!!
To clarify, if your husband alone meets the I-864 requirements, then no joint sponsor (or household member) is required.


With the I-795 WHAT DOCUMENTATION AHHHHH?!?
Do you mean I-765? That info is listed in the I-765 Instructions... which is a different form.


Also Yes with the I-131 we are not intending to travel so should be okay I saw this was optional but thanks for the heads up!
Long version: Submit an I-131... because it has nothing to do with planned travel. What if someone at home died 3 months from now and you had to return home for an emergency funeral? If you leave the US without Advance Parole, your application to adjust status would be automatically deemed abandoned, you'd be stuck outside the US with no way back, and you'd then have to start the entire immigration process over again by getting a spouse visa. It has happened many times over the years... and it's never pretty when it does happen.

Short version: Don't be a fool.

Ian
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Old Jan 15th 2016, 4:14 pm
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Default Re: HELP Adjustment of Status Affidavit of Support I-864 Form

WHOOOOO!!! That's awesome! Easy peasy.

Yes, his income alone meets the poverty line. Yipeee.


Yes, sorry I-765, it says I need a copy of my passport and photos and stuff I just read. Which is stuff I need and have in the I-485, so it'll be in the same package...Do I need to include more copies then?


And that does make sense actually...you never know what could happen *touch wood*

Thanks so much Ian
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Old Jan 15th 2016, 4:45 pm
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Default Re: HELP Adjustment of Status Affidavit of Support I-864 Form

Also what evidence can I show for the I-131 for needing to leave...The instructions for it are confusing.
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Old Jan 15th 2016, 5:15 pm
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Default Re: HELP Adjustment of Status Affidavit of Support I-864 Form

This is my contents currently.

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Old Jan 15th 2016, 5:57 pm
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Default Re: HELP Adjustment of Status Affidavit of Support I-864 Form

You don't need to show evidence of leaving (or even intended travel) for the I-131.

Yes, you will have multiple copies of things. Treat each application individually, and attach backup documents as needed to each application.

You have 3 applications: I -485, I-765, and I-131.

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Old Jan 15th 2016, 6:12 pm
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Default Re: HELP Adjustment of Status Affidavit of Support I-864 Form

Originally Posted by CorinnaCrackles
I need a copy of my passport and photos and stuff I just read. Which is stuff I need and have in the I-485, so it'll be in the same package...Do I need to include more copies then?
Yes. Treat each form (I-485, I-131, I-765) as a separate application and include whatever is asked for each one. There will be duplication... this is normal.


Also what evidence can I show for the I-131 for needing to leave...
As Rene notes, you don't need specific evidence. You will get permission to travel by virtue of your concurrent I-485 submission. If you need to enter a travel date, make up one.

Ian
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Old Jan 15th 2016, 6:35 pm
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Default Re: HELP Adjustment of Status Affidavit of Support I-864 Form

Thanks Rene and Ian

Appreciate all of this big time!!!
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Old Jan 15th 2016, 7:01 pm
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Default Re: HELP Adjustment of Status Affidavit of Support I-864 Form

One more-probably fairly stupid-question. Now I am married I have been using his last name in these documents rather than my Maiden name. Is this okay too?
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