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I-864, police/court records and interview

I-864, police/court records and interview

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Old Sep 10th 2004, 4:37 pm
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Default I-864, police/court records and interview

Dear All,

I finally got my interview appointment letter, for my adjustment of
status. It's in two weeks from now, my wife is sponsoring me.
I have a few questions:

(i) I need to redo an I-864 affidavit of support since the one I filed is now
20 months old. My wife is not working anymore, however she is on a leave
of absence, with a good paying job waiting for her until 09/2005. I am now
supporting our family, with an income well above the poverty guideline. Our
3 past tax records are also all fine. Is that good enough or do I need to find
a co-sponsor ?

(ii) Do I need to get tax transcripts from the IRS of simply bring a copy
of the tax returns we filed. How to get a tax transcript ?

(iii) The letter I got from BCIS mentions to bring police/court records. What if
I have never been arrested ? The only thing I can see is some parking tickets
and one traffic violation. Do I need to get anything for these and how do I request
such records for events that took place in the US ?

Thanks in advance for your help.

LGD.
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Old Sep 10th 2004, 4:55 pm
  #2  
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Default Re: I-864, police/court records and interview

Originally Posted by lgrandch
(i) I need to redo an I-864 affidavit of support since the one I filed is now 20 months old. My wife is not working anymore, however she is on a leave of absence, with a good paying job waiting for her until 09/2005. I am now supporting our family, with an income well above the poverty guideline. Our 3 past tax records are also all fine. Is that good enough or do I need to find a co-sponsor ?
Since your wife is your sponsor and her income has changed since you first filed, then she needs to fill out the new I-864. So, if her current income is zero, that's what she needs to put.

Now, if you have been living in the US together for at least 6 months, then your income can be included in the affidavit. I believe you would fill out form I-864A -- not totally sure about this, but someone else will be able to confirm this.

As to whether you'll need a joint sponsor, I honestly don't know. I personally haven't been in the situation where the foreign spouse was the income-earner for the affidavit. I *think* you'll be ok if your current income is 125%, but again, hopefully someone else will be able to confirm this.

(ii) Do I need to get tax transcripts from the IRS of simply bring a copy of the tax returns we filed. How to get a tax transcript ?
They should accept transcripts. If your wife filed jointly with a former spouse within the last 3 years, she'll also need to get a copy of her W-2s for those years. (Sorry, you don't say how long you've been married.)

To get tax transcripts, you (or your wife) will need to call the IRS at 1-800-829-1040.

(iii) The letter I got from BCIS mentions to bring police/court records. What if I have never been arrested ? The only thing I can see is some parking tickets and one traffic violation. Do I need to get anything for these and how do I request such records for events that took place in the US ?
If you have never been arrested, then you have no police/court records to obtain. Parking tickets and traffic violations, to my knowledge, are excluded and therefore any record of these is not required, either. It pertains to police/court records related to arrests.

~ Jenney
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