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Adjustment Of Status (k1) Help!!

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Adjustment Of Status (k1) Help!!

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Old Jul 5th 2003, 1:03 pm
  #1  
ballerandalady
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Default Adjustment Of Status (k1) Help!!

Hi all!!

I need some input people! Any help is greatly appreciated.

>1. Since i live in Alameda County and San Francisco District office
covers my region - do I file in the local San Francisco District or do
I file it in the Service Center?

>2.The packet only included 1 BIOGRAPHIC INFORMATION FORM - I know
Angeli needs to fill this out but DO I need to provide them with mine
too?

>3. AFFIDAVIT OF SUPPORT: aaarggh! Okay, I know I will be the one
filling in for this portion. Since my parents live with me, I do
understand that I have to include them plus Angeli in determining the household
size right? So that means I need to be on the level of X amount of
dollars to cover a household of four right? So that means, I need to make
atleast $23,000 a year in order for me not to get a cosponsor right?

>4. CONTRACT BETWEEN SPONSOR and HOUSEHOLD MEMBER - I know I am
feeling DUMB and NUMB nowadayz - but do I have to fill this out since my
parents live with me? I don't ask money or any type of support from them
nor I intend to ask them for any financial support from them since I
make more than enough money - do they still need to fill this form out?

THANK YOU ALL IN ADVANCE!!
 
Old Jul 5th 2003, 3:49 pm
  #2  
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Default Re: Adjustment Of Status (k1) Help!!

Originally posted by ballerandalady
Hi all!!

I need some input people! Any help is greatly appreciated.

>1. Since i live in Alameda County and San Francisco District office
covers my region - do I file in the local San Francisco District or do
I file it in the Service Center?

>2.The packet only included 1 BIOGRAPHIC INFORMATION FORM - I know
Angeli needs to fill this out but DO I need to provide them with mine
too?

>3. AFFIDAVIT OF SUPPORT: aaarggh! Okay, I know I will be the one
filling in for this portion. Since my parents live with me, I do
understand that I have to include them plus Angeli in determining the household
size right? So that means I need to be on the level of X amount of
dollars to cover a household of four right? So that means, I need to make
atleast $23,000 a year in order for me not to get a cosponsor right?

>4. CONTRACT BETWEEN SPONSOR and HOUSEHOLD MEMBER - I know I am
feeling DUMB and NUMB nowadayz - but do I have to fill this out since my
parents live with me? I don't ask money or any type of support from them
nor I intend to ask them for any financial support from them since I
make more than enough money - do they still need to fill this form out?

THANK YOU ALL IN ADVANCE!!
You file the I-485 for AOS after entry on a K-1 at the local office, which in your case you have already figured out is SF

Yes, your parents are included in your household size.
I believe that the figure required based on the 2003 PG is $23k.

If your income is sufficient on it's own to meet the PG then you do not need to have your parents complete I-864A. When my husband filed for my daughter's AOS we did not even include my income as his was sufficient.
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Old Jul 5th 2003, 3:51 pm
  #3  
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Default Re: Adjustment Of Status (k1) Help!!

Originally posted by lairdside
You file (for those more technical your wife files) the I-485 for AOS after entry on a K-1 at the local office, which in your case you have already figured out is SF

Yes, your parents are included in your household size.
I believe that the figure required based on the 2003 PG is $23k.

If your income is sufficient on it's own to meet the PG then you do not need to have your parents complete I-864A. When my husband filed for my daughter's AOS we did not even include my income as his was sufficient.
Oh - and stop worrying

I see it's not just me that suffers from temporary amnesia when getting close to filing something of my own (or family) with the BCIS. I forget most things and doubt that which I do remember
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Old Jul 5th 2003, 4:14 pm
  #4  
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Default Re: Adjustment Of Status (k1) Help!!

Originally posted by lairdside
Oh - and stop worrying
Remembering how stressed this poor man was while waiting for his I-129F, I second that thought.

My heart can't take it
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Old Jul 7th 2003, 7:26 am
  #5  
ballerandalady
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Default Hmmm..

What if it was the other way around, I I LIVE WITH MY PARENTS? I am getting really conflicting answers yo..one says if they are not a part of your Tax dependents they are not a part of your household. Oh man
 
Old Jul 7th 2003, 7:41 am
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When I lived with my parents at the time I filed the K1 I did not include my parents because 1. I did not support them financially in any way 2. I paid rent

We had no problems.
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Old Jul 7th 2003, 7:46 am
  #7  
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Thanks, thats the thing that confused me since a) I don't ask for money and b) I am the one giving them money- not that they need it but just a token of appreciation - a lil something something - nah mean. Coz in reality, its just me and my fiancee (future wifey) who I am going to support.
 
Old Jul 7th 2003, 8:05 am
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One the affidavit, it asks to list those that you support wholly or partially, since I did not support them, then I said none. I paid rent, but let's just say that's a business contract and they are not earning their living off of it.

That's how we looked at it.

So you're little something should be in the form of a contract with a monthly agreement, otherwise it could be seen as you are supporting them.

Also you might want to say you live with your parents, not your parents live with you, the later implies you are supporting them.
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Old Jul 7th 2003, 8:52 am
  #9  
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Default Re: Hmmm..

Originally posted by ballerandalady
What if it was the other way around, I I LIVE WITH MY PARENTS? I am getting really conflicting answers yo..one says if they are not a part of your Tax dependents they are not a part of your household. Oh man
Household Size

What does household size mean on the I-864?

Household size means all those living in the sponsor's house or dependent on the sponsor for support. The household size is:

The sponsor

All relatives by blood, marriage or adoption living in the sponsor's household

All dependents listed on the most recent federal tax forms (IRS 1040), whether or not they live in the sponsor's household.

Any individuals for whom the sponsor has already signed an I-864 and for whom the contractual obligation still exists

The applicant (beneficiary) for the visa

The applicant's (beneficiary's) accompanying dependents


I believed that parents would come under the category of " relatives by blood" and so included them in the household size.

Although I have also seen this stated as "by birth".

http://travel.state.gov/i864gen.html#2
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Old Jul 7th 2003, 10:35 am
  #10  
ballerandalady
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Default Thanks lairdside

Here's one of the responses..

Question: The packet only included 1 BIOGRAPHIC INFORMATION FORM - I know
my honey needs to fill this out but DO I need to provide them with mine
too?

ANSWER: BOTH OF YOU SHOULD FILL OUT THE G-325A SETS.

QUESTION: AFFIDAVIT OF SUPPORT: aaarggh! Okay, I know I will be the one
filling in for this portion. Since my parents live with me, I do
understand that I have to include them plus Angeli in determining the household
size right? So that means I need to be on the level of X amount of
dollars to cover a household of four right? So that means, I need to make
atleast $23,000 a year in order for me not to get a cosponsor right?

ANSWER: IF YOUR PARENTS ARE NOT INCLUDED ON YOUR TAX RETURNS, DO NOT INCLUDE
THEM IN YOUR I-864 CALCULATIONS. IF THEY ARE INCLUDED ON YOUR TAX
RETURNS, THEN YOU NEED TO INCLUDE THEM IN YOUR HOUSEHOLD INCOME CALCULATIONS,
BUT YOU MAY ALSO ADD THEIR INCOME TO YOUR INCOME AS HOUSEHOLD MEMBER
CO-SPONSORS (USING I-865 FORM).
 
Old Jul 7th 2003, 11:26 am
  #11  
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Default Re: Thanks lairdside

Originally posted by ballerandalady
Here's one of the responses..

Question: The packet only included 1 BIOGRAPHIC INFORMATION FORM - I know
my honey needs to fill this out but DO I need to provide them with mine
too?

ANSWER: BOTH OF YOU SHOULD FILL OUT THE G-325A SETS.

QUESTION: AFFIDAVIT OF SUPPORT: aaarggh! Okay, I know I will be the one
filling in for this portion. Since my parents live with me, I do
understand that I have to include them plus Angeli in determining the household
size right? So that means I need to be on the level of X amount of
dollars to cover a household of four right? So that means, I need to make
atleast $23,000 a year in order for me not to get a cosponsor right?

ANSWER: IF YOUR PARENTS ARE NOT INCLUDED ON YOUR TAX RETURNS, DO NOT INCLUDE
THEM IN YOUR I-864 CALCULATIONS. IF THEY ARE INCLUDED ON YOUR TAX
RETURNS, THEN YOU NEED TO INCLUDE THEM IN YOUR HOUSEHOLD INCOME CALCULATIONS,
BUT YOU MAY ALSO ADD THEIR INCOME TO YOUR INCOME AS HOUSEHOLD MEMBER
CO-SPONSORS (USING I-865 FORM).
This is what we deal with - contradictions, or seeming contradictions.

This is what I would do, as I tend to err on the side of caution. (i.e. if in doubt send them more rather than less).

For the G-325A , I would fill out one for your wife and one for yourself.

For the I-864 if I made enough income that it wasn't a problem, I would include them. I would only haggle over whether or not to include them if this was going to cause problems.

The form to include their income I believe is I-864A btw not I-865.

I-864A, Contract Between Sponsor and Household Member.

This may not be strictly required and others may have been sucessful with less but I wouldn't take chances when I may run into a difficult adjudicator and then have problems that I could have avoided.

Just my two cents.

Last edited by lairdside; Jul 7th 2003 at 6:54 pm.
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Old Jul 7th 2003, 6:04 pm
  #12  
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Default Re: Thanks lairdside

QUESTION: AFFIDAVIT OF SUPPORT: aaarggh! Okay, I know I will be the one
filling in for this portion. Since my parents live with me, I do
understand that I have to include them plus Angeli in determining the household
size right? So that means I need to be on the level of X amount of
dollars to cover a household of four right? So that means, I need to make
atleast $23,000 a year in order for me not to get a cosponsor right?

ANSWER: IF YOUR PARENTS ARE NOT INCLUDED ON YOUR TAX RETURNS, DO NOT INCLUDE
THEM IN YOUR I-864 CALCULATIONS. IF THEY ARE INCLUDED ON YOUR TAX
RETURNS, THEN YOU NEED TO INCLUDE THEM IN YOUR HOUSEHOLD INCOME CALCULATIONS,
BUT YOU MAY ALSO ADD THEIR INCOME TO YOUR INCOME AS HOUSEHOLD MEMBER
CO-SPONSORS (USING I-865 FORM). [/QUOTE]


Just wondering - where did you find this answer?
We just sent off our AOS package and I do live with my parents right now, but I completed the I-864 as if it were just me and my fiance. I actually didn't even consider including them, since I don't support my parents and I make well over the poverty line for two - but I don't make enough to "support" my parents and sister as well! Since everything was filled out and done, I'm not going to hassle with getting my parent's returns copied and re-notarizing everything.
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Old Jul 7th 2003, 11:37 pm
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Default Re: Thanks lairdside

Originally posted by ballerandalady
Here's one of the responses..

Question: The packet only included 1 BIOGRAPHIC INFORMATION FORM - I know
my honey needs to fill this out but DO I need to provide them with mine
too?

ANSWER: BOTH OF YOU SHOULD FILL OUT THE G-325A SETS.
Hi!!!

I'd very much agree with this answer. I know it doesn't tell you anywhere on the forms that the USC has to fill one out, but I was refused when I went to file AOS in March at Miami because Corey's (USC) bio form wasn't included. I think it was just a case of the numbnuts woman not knowing what forms were required for K1 AOS.

I went back again in April WITH the form she asked for, and the package was accepted. (By a different woman, though. ) My advice to everyone filing AOS...............include the bio form for your USC anyway. It's only one more form in a mountain of the dam things, so why not spend the extra time filling one out to save yourself grief later? And if you're just starting out with the whole process, a good idea is to keep a copy of the petition sent to the US Service Center. Then, when you need to fill out another G325a, you can just copy it from that. May seem like obvious advice, but we didn't make a copy, and we had to sit remembering all our dates again!
Kate. xxxxxx
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Old Jul 8th 2003, 6:12 am
  #14  
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Default Re: Thanks lairdside

Originally posted by katesuiter1
Hi!!!

I'd very much agree with this answer. I know it doesn't tell you anywhere on the forms that the USC has to fill one out, but I was refused when I went to file AOS in March at Miami because Corey's (USC) bio form wasn't included. I think it was just a case of the numbnuts woman not knowing what forms were required for K1 AOS.

I went back again in April WITH the form she asked for, and the package was accepted. (By a different woman, though. ) My advice to everyone filing AOS...............include the bio form for your USC anyway. It's only one more form in a mountain of the dam things, so why not spend the extra time filling one out to save yourself grief later? And if you're just starting out with the whole process, a good idea is to keep a copy of the petition sent to the US Service Center. Then, when you need to fill out another G325a, you can just copy it from that. May seem like obvious advice, but we didn't make a copy, and we had to sit remembering all our dates again!
Kate. xxxxxx
My local office actually requires both sets of G-325A forms when filing an I-485 for ANYONE not just a spouse.

They also require photos of both parties for ANYONE (yep, not just a spouse again).

But I think they may be a little strange....

These requirements are actually in THEIR written filing instructions sheet.
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Old Jul 8th 2003, 6:46 am
  #15  
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yo, I will just include all my information including her's just to avoid any delays.
 


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