Ssn

My spouse has not been earning since last 3 years and not filed any TAX.
She is a US citizen. I being on H1B now applying for I-485 and she
concurrently I-130.

Last year we filed jointly and I showed 100% of my income wherewas she
had zero. but we filed jointly.

A) Now can i use I 846-A and show myself as the member ?

I looked at this document I 846-A and quite confusing it is. !!!

B) Whoes name should i add in Part 1. I'm assuming part 1 will have my
name , wherewas part 2 will be my spouse .? correct ?

C) Part 3 will be me again as well as Part 4 ?

D) Part 6 will also be me .?

E) Are all my assumption correct here ?

Incase if INS does not like my understanding ( which is above) should i
add my mom ( also a US citizen) to be a joint sponser in my application
( as just in case) or will I 864 A along with i-864 be suffice ?

Thanks for looking into this .

Regards,

SN

--
Posted via http://expatforums.com

Noorah101

Did you see the answers you got when you posted this before?

http://britishexpats.com/forum/showthread.php?t=377500

I think you pretty much got the answers you needed, if you take a look at that link.

Best Wishes,
Rene

Noorah101

I find these two statements contradictory. First you say your wife has not filed tax for the past 3 years. Then you say you filed jointly last year. If that's true, then she DID file tax last year. All you need for the AOS package is the most recent tax year, which it seems you do have.

If you have lived together for 6 months or more, yes, you can. Have you lived together that long yet?

If you have not lived together for 6 months or more, then you will need a joint sponsor, yes. Since your mom is a USC, living in the USA, then yes, she can be the joint sponsor. Your wife will fill out an I-864 showing 0 income, and your mom will fill out a separate I-864 showing her own income.

I guess we can tackle the I-864A answers once we see if you are eligible to use your combined income on your wife's I-864. Actually, it's debatable whether the I-864A is necessary at all in a case like yours, but better safe than sorry.

Best Wishes,
Rene

Ssn

    > My spouse has not been earning since last 3 years and not filed any
    > TAX. She is a US citizen. I being on H1B now applying for I-485 and
    > she concurrently I-130.
    > Last year we filed jointly and I showed 100% of my income wherewas she
    > had zero. but we filed jointly.
    > A) Now can i use I 846-A and show myself as the member ?
    > I looked at this document I 846-A and quite confusing it is. !!!
    > B) Whoes name should i add in Part 1. I'm assuming part 1 will have my
    > name , wherewas part 2 will be my spouse .? correct ?
    > C) Part 3 will be me again as well as Part 4 ?
    > D) Part 6 will also be me .?
    > E) Are all my assumption correct here ?
    > Incase if INS does not like my understanding ( which is above) should
    > i add my mom ( also a US citizen) to be a joint sponser in my
    > application ( as just in case) or will I 864 A along with i-864 be
    > suffice ?
    > Thanks for looking into this .
    > Regards,
    > SN

Thanks Rene for your answers.

Firstly apologize for making it unclear.

Yes we have been living together for the last 2 years and before our
marriage her total incone was < 4 K for 2004 so she did not file her TAX
and nor did she filed in 2003 and when i i migrated to US from Canada on
H1b, she and i filed our first joint TAX for the year 2005. Our
combined income was 60K for 2005. However this was 100% mine but we
filed jointly. This was our first joint return.

Any idea whether i should still need I-864A and if yes then this
document is kind of confusing and if you know which section
requires who's name than i would apprecaite the inputs. Thanks for
replying though .

SN

--
Posted via http://expatforums.com

Noorah101

Hi SN,

According to the directions on the I-864A, the Sponsor (your wife) should fill out the very top line, and then complete Part 2, and sign in Part 5.

The sponsored immigrant (you) should complete Parts 1 and 4 (not part 3), and sign in Part 6.

Remember all signatures must be notarized.

It's good to have your mom as a backup joint sponsor, just in case the officer at your interview wants you to have one.

Best Wishes,
Rene

Folinskyinla

Hi:

As the petitioner, she must file the I-864 form -- on the income part, she should note she is using the JOINT income. Although the current practice is to require only last tax return, I would still make an addendum that sponsor [your wife] had insufficient income to to require a return for 2003 & 2004.

Now, since your wife's I-864 shows reliance on income on the tax return NOT earned by her, the I-864A then becomes a required ATTACHMENT to the I-864.

As a helpful suggestion, it might help to remember an ancient concept often referred to as "RTFM" -- the answer to your question is given in the first paragraph of the verbiage on the I-864A.

Good luck.

[email protected]

How many years did your mother spend in the US???
If she spend enough time (I think it is 5 years), you are already a US
citizen, and could go ahead and apply for a US passport (if the State
Dpt is not convinced, you can use for N-600
http://www.uscis.gov/graphics/formsfee/forms/n-600.htm )

ssn wrote:
    > My spouse has not been earning since last 3 years and not filed any TAX.
    > She is a US citizen. I being on H1B now applying for I-485 and she
    > concurrently I-130.
    > Last year we filed jointly and I showed 100% of my income wherewas she
    > had zero. but we filed jointly.
    > A) Now can i use I 846-A and show myself as the member ?
    > I looked at this document I 846-A and quite confusing it is. !!!
    > B) Whoes name should i add in Part 1. I'm assuming part 1 will have my
    > name , wherewas part 2 will be my spouse .? correct ?
    > C) Part 3 will be me again as well as Part 4 ?
    > D) Part 6 will also be me .?
    > E) Are all my assumption correct here ?
    > Incase if INS does not like my understanding ( which is above) should i
    > add my mom ( also a US citizen) to be a joint sponser in my application
    > ( as just in case) or will I 864 A along with i-864 be suffice ?
    > Thanks for looking into this .
    >
    > Regards,
    >
    > SN
    >
    > --
    > Posted via http://expatforums.com

Noorah101

Doesn't this depend on how his mom became a USC? I'm assuming she's a naturalized USC, and in that case, the OP doesn't become a USC from that. I guess you're assuming she's a USC by birth, and are wondering if she's spend enough time in the USA so that the OP can also claim USC-ship.

Rene

Ssn

    > My spouse has not been earning since last 3 years and not filed any
    > TAX. She is a US citizen. I being on H1B now applying for I-485 and
    > she concurrently I-130.
    > Last year we filed jointly and I showed 100% of my income wherewas she
    > had zero. but we filed jointly.
    > A) Now can i use I 846-A and show myself as the member ?
    > I looked at this document I 846-A and quite confusing it is. !!!
    > B) Whoes name should i add in Part 1. I'm assuming part 1 will have my
    > name , wherewas part 2 will be my spouse .? correct ?
    > C) Part 3 will be me again as well as Part 4 ?
    > D) Part 6 will also be me .?
    > E) Are all my assumption correct here ?
    > Incase if INS does not like my understanding ( which is above) should
    > i add my mom ( also a US citizen) to be a joint sponser in my
    > application ( as just in case) or will I 864 A along with i-864 be
    > suffice ?
    > Thanks for looking into this .
    > Regards,
    > SN

Thanks Rene.

Onre more questions about medicals. As part the application do i go and
get my medical done and submit it with my I-484 and I-130 application. ?

Is medical submisison done along with submission of the applicaiton or
do you have to wait for INS to tell you (after submitting the
application) that you have to do the medical ?

Thanks

SN

--
Posted via http://expatforums.com

Noorah101

You have to make the appointment to get it done, get it in a sealed envelope, and turn that in with your AOS paperwork. You must use an approved civil surgeon. A list can be found at www.uscus.gov.

Rene

[email protected]

You are right on the fact that he is probably not a US citizen.
However, (I looked up the form N-600) the way his mother acquired US
citizenship is irrelevent.
The problem is that he would have to qualify before reaching the age of
18 (i.e. he is a US citizen if his mother spent more than 5 years in
the US before he turned 18)

Noorah101 wrote:
    > > How many years did your mother spend in the US???
    > > If she spend enough time (I think it is 5 years), you are already a US
    > > citizen, and could go ahead and apply for a US passport (if the State
    > > Dpt is not convinced, you can use for N-600
    > > http://www.uscis.gov/graphics/formsfee/forms/n-600.htm )
    > >
    > > ssn wrote:
    > > > My spouse has not been earning since last 3 years and not filed any
    > > > TAX.
    > > > She is a US citizen. I being on H1B now applying for I-485 and she
    > > > concurrently I-130.
    > > > Last year we filed jointly and I showed 100% of my income wherewas
    > > > she
    > > > had zero. but we filed jointly.
    > > > A) Now can i use I 846-A and show myself as the member ?
    > > > I looked at this document I 846-A and quite confusing it is. !!!
    > > > B) Whoes name should i add in Part 1. I'm assuming part 1 will have
    > > > my
    > > > name , wherewas part 2 will be my spouse .? correct ?
    > > > C) Part 3 will be me again as well as Part 4 ?
    > > > D) Part 6 will also be me .?
    > > > E) Are all my assumption correct here ?
    > > > Incase if INS does not like my understanding ( which is above)
    > > > should i
    > > > add my mom ( also a US citizen) to be a joint sponser in my
    > > > application
    > > > ( as just in case) or will I 864 A along with i-864 be suffice ?
    > > > Thanks for looking into this .
    > > >
    > > > Regards,
    > > >
    > > > SN
    > > >
    > > > --
    > > > Posted via http://expatforums.com
    > Doesn't this depend on how his mom became a USC? I'm assuming she's
    > a naturalized USC, and in that case, the OP doesn't become a USC from
    > that. I guess you're assuming she's a USC by birth, and are
    > wondering if she's spend enough time in the USA so that the OP can
    > also claim USC-ship.
    >
    > Rene
    >
    > --
    > Posted via http://britishexpats.com

Noorah101

OK, you totally lost me now...what are you talking about? As long as his mother is a USC (however she became one is irrelevant), and lives in the USA, she can be a joint sponsor on the I-864, no matter what age the OP is!

I don't understand what "problem" you are referring to...the OP isn't trying to become a citizen, he's trying to AOS.

Rene

[email protected]

Sorry, I wasn't speaking about the I-864 anymore. I was speaking about
being a US citizen.


Noorah101 wrote:
[...]
    > OK, you totally lost me now...what are you talking about? As long as
    > his mother is a USC (however she became one is irrelevant), and lives
    > in the USA, she can be a joint sponsor on the I-864, no matter what age
    > the OP is!
    > I don't understand what "problem" you are referring to...the OP isn't
    > trying to become a citizen, he's trying to AOS.
    >
    > Rene
    >
    > --
    > Posted via http://britishexpats.com