I-864 question
Jul 15th 2005, 4:25 pm
#1
Guest
Posts: n/a
I-864 question
Hi,
I have another question about the filing of my Adjustment of Status forms.
On the I-864 (which my wife is filling out) on page 1, part 2 "basis for
filing affidavit of support", which box does she check? I assume it will
either be the first or the last box (I am filing the alien relative
petition, or I am a joint sponsor).
Her mum is also filing an I-864 for me to ensure we are over the 125%
poverty line (my wife definitely is over that line in her new job, but we're
worried they'll look at her last 3 years of tax returns first, which show
hardly any income at all since she was at college and uni).
On her mum's one, we definitely chose the "i am a joint sponsor" box.
Thanks for any help.
Daniel.
I have another question about the filing of my Adjustment of Status forms.
On the I-864 (which my wife is filling out) on page 1, part 2 "basis for
filing affidavit of support", which box does she check? I assume it will
either be the first or the last box (I am filing the alien relative
petition, or I am a joint sponsor).
Her mum is also filing an I-864 for me to ensure we are over the 125%
poverty line (my wife definitely is over that line in her new job, but we're
worried they'll look at her last 3 years of tax returns first, which show
hardly any income at all since she was at college and uni).
On her mum's one, we definitely chose the "i am a joint sponsor" box.
Thanks for any help.
Daniel.
Jul 15th 2005, 6:38 pm
#2
BE Enthusiast
Joined: Oct 2003
Location: mid-west
Posts: 413
Re: I-864 question
You check box 'a) I filed/am filing the alien relative petition'.
I would not worry about the 3 years of tax returns in your case. My wife had also recently finished up uni and had only 1 tax return. We sent this in along with an explanation of my wife being in uni. We also included proof on my wife attending college during the period we said and some recent pay stubs from her new company.
Following this, we had no problems at all.
I would not worry about the 3 years of tax returns in your case. My wife had also recently finished up uni and had only 1 tax return. We sent this in along with an explanation of my wife being in uni. We also included proof on my wife attending college during the period we said and some recent pay stubs from her new company.
Following this, we had no problems at all.
Originally Posted by Daniel Conroy
Hi,
I have another question about the filing of my Adjustment of Status forms.
On the I-864 (which my wife is filling out) on page 1, part 2 "basis for
filing affidavit of support", which box does she check? I assume it will
either be the first or the last box (I am filing the alien relative
petition, or I am a joint sponsor).
Her mum is also filing an I-864 for me to ensure we are over the 125%
poverty line (my wife definitely is over that line in her new job, but we're
worried they'll look at her last 3 years of tax returns first, which show
hardly any income at all since she was at college and uni).
On her mum's one, we definitely chose the "i am a joint sponsor" box.
Thanks for any help.
Daniel.
I have another question about the filing of my Adjustment of Status forms.
On the I-864 (which my wife is filling out) on page 1, part 2 "basis for
filing affidavit of support", which box does she check? I assume it will
either be the first or the last box (I am filing the alien relative
petition, or I am a joint sponsor).
Her mum is also filing an I-864 for me to ensure we are over the 125%
poverty line (my wife definitely is over that line in her new job, but we're
worried they'll look at her last 3 years of tax returns first, which show
hardly any income at all since she was at college and uni).
On her mum's one, we definitely chose the "i am a joint sponsor" box.
Thanks for any help.
Daniel.
Jul 15th 2005, 6:41 pm
#3
Forum Regular
Joined: Jul 2004
Location: Amarillo, Texas
Posts: 194
Re: I-864 question
She should tick the first box
(a) I am filing the alien relative petition.
I had problems with that one too!
CF
Edit: Oops, someone got there before me!
(a) I am filing the alien relative petition.
I had problems with that one too!
CF
Edit: Oops, someone got there before me!
Jul 15th 2005, 6:48 pm
#4
Forum Regular
Joined: Jul 2004
Location: Amarillo, Texas
Posts: 194
Re: I-864 question
Originally Posted by Retire to Italy
Hi Dan
I have a good feeling in your case. Include all possible income of all
the relevant parties herein.
Please note the BCIS Office of General Counsel has determined that
under the act and regulations, a joint sponsor cannot be
authorized in cases where the petitioner cannot be a sponsor by
virtue of domicile. The petitioner must first meet all
requirements for being a sponsor (age, domicile, and citizenship)
except those relating to income before there can be a joint
sponsor.
I have a good feeling in your case. Include all possible income of all
the relevant parties herein.
Please note the BCIS Office of General Counsel has determined that
under the act and regulations, a joint sponsor cannot be
authorized in cases where the petitioner cannot be a sponsor by
virtue of domicile. The petitioner must first meet all
requirements for being a sponsor (age, domicile, and citizenship)
except those relating to income before there can be a joint
sponsor.
CF
Jul 15th 2005, 11:16 pm
#5
Member
Joined: Apr 2001
Posts: 14,049
Re: I-864 question
CF,
And after Noorah did us the favor of deleting the post, you bring it back again. :-)
Regards, JEff
And after Noorah did us the favor of deleting the post, you bring it back again. :-)
Regards, JEff
Originally Posted by ControlFreak
And there I was thinking he just wanted to know which box to tick.
CF
CF
Jul 15th 2005, 11:51 pm
#6
BE Enthusiast
Joined: Feb 2005
Posts: 863
Re: I-864 question
Originally Posted by Retire to Italy
I have a good feeling in your case.
I have a good feeling in your case.
Jul 18th 2005, 12:27 am
#7
Lost in BE Cyberspace
Joined: Oct 2003
Location: My Old KY Home!
Posts: 6,498
Re: I-864 question
Daniel,
We were in the same situation. And I had plenty of worry. I had 3 years of tax returns, but only one above the poverty line due to my being a recent grad. I simply included a letter with the I-864 stating "I was a student until xx months ago.."By the time hubby's AOS interview came 'round, the DAO didn't even glance at that. And we were worried as we weren't sure who in my family we could convince to be a joint sponsor if need be.
I'm not saying it couldn't be a problem for you, so it is a good idea to be prepared. I think in general they like it when they see petitioners who are recent grads as they probably assume he/she is more likely to attain/retain employment.
We were in the same situation. And I had plenty of worry. I had 3 years of tax returns, but only one above the poverty line due to my being a recent grad. I simply included a letter with the I-864 stating "I was a student until xx months ago.."By the time hubby's AOS interview came 'round, the DAO didn't even glance at that. And we were worried as we weren't sure who in my family we could convince to be a joint sponsor if need be.
I'm not saying it couldn't be a problem for you, so it is a good idea to be prepared. I think in general they like it when they see petitioners who are recent grads as they probably assume he/she is more likely to attain/retain employment.
Originally Posted by Daniel Conroy
Hi,
I have another question about the filing of my Adjustment of Status forms.
On the I-864 (which my wife is filling out) on page 1, part 2 "basis for
filing affidavit of support", which box does she check? I assume it will
either be the first or the last box (I am filing the alien relative
petition, or I am a joint sponsor).
Her mum is also filing an I-864 for me to ensure we are over the 125%
poverty line (my wife definitely is over that line in her new job, but we're
worried they'll look at her last 3 years of tax returns first, which show
hardly any income at all since she was at college and uni).
On her mum's one, we definitely chose the "i am a joint sponsor" box.
Thanks for any help.
Daniel.
I have another question about the filing of my Adjustment of Status forms.
On the I-864 (which my wife is filling out) on page 1, part 2 "basis for
filing affidavit of support", which box does she check? I assume it will
either be the first or the last box (I am filing the alien relative
petition, or I am a joint sponsor).
Her mum is also filing an I-864 for me to ensure we are over the 125%
poverty line (my wife definitely is over that line in her new job, but we're
worried they'll look at her last 3 years of tax returns first, which show
hardly any income at all since she was at college and uni).
On her mum's one, we definitely chose the "i am a joint sponsor" box.
Thanks for any help.
Daniel.
Jul 18th 2005, 12:48 am
#8
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: I-864 question
Originally Posted by Daniel Conroy
Hi,
I have another question about the filing of my Adjustment of Status forms.
On the I-864 (which my wife is filling out) on page 1, part 2 "basis for
filing affidavit of support", which box does she check? I assume it will
either be the first or the last box (I am filing the alien relative
petition, or I am a joint sponsor).
Her mum is also filing an I-864 for me to ensure we are over the 125%
poverty line (my wife definitely is over that line in her new job, but we're
worried they'll look at her last 3 years of tax returns first, which show
hardly any income at all since she was at college and uni).
On her mum's one, we definitely chose the "i am a joint sponsor" box.
Thanks for any help.
Daniel.
I have another question about the filing of my Adjustment of Status forms.
On the I-864 (which my wife is filling out) on page 1, part 2 "basis for
filing affidavit of support", which box does she check? I assume it will
either be the first or the last box (I am filing the alien relative
petition, or I am a joint sponsor).
Her mum is also filing an I-864 for me to ensure we are over the 125%
poverty line (my wife definitely is over that line in her new job, but we're
worried they'll look at her last 3 years of tax returns first, which show
hardly any income at all since she was at college and uni).
On her mum's one, we definitely chose the "i am a joint sponsor" box.
Thanks for any help.
Daniel.
It is a common misconception to conflate the three-year tax return requirement with the 125% rule. Don't do that. For example, I had a pair of clients who had just graduated from University and the US Citizen obtained a very high paying job right out of school. The case was approved even though they NEVER had filed tax returns -- he had been a starving student with no income supported by his parents. IOW, he had a valid reason for non-filing and he more than sufficient current income.
