Wibo

Hey there,

This messageboard has been a big help.
Me and my wife are filling out the I-864 and we're bumping into some problems.
Let me explain our situation first. My wife, USC, has worked in Europe for 2 year, now she's studying in the USA so she has no present income. We are married and are filing for a K-3 visa. Her parents are helping us out with the sponsorship. We all live at the same address in the USA.


1. Part 3, question 8. my wife checks the box "I am sponsoring the principal immigrant named in part 2 above". Does she then check the yes or no box? Are her parents considered joint sponsors?

2. Part 6, question 23. Like i said, my wife worked in Europe earlier in the year but is unemployed now. Does she put down 0 for her individual annual income or does she declare her earnings from Europe (they do not show up on her American tax form)

3. Part 6, question 24b. In this list we want to list the current income of her mom and her dad. problem is they file their taxes jointly, so there is no individual adjusted income. How do you fill the list in this case?

4. Part 6, question 24e. Since i'm not in the list of 24b i don't need to check this box, right?

thanks for your time,

W

Noorah101

First of all, if you are going for a K-3, you do not need the I-864 at all. The correct Affidavit of Support for a K-3 visa is the I-134. www.uscis.gov, Immigration Forms, I-134.

The I-864 is the Affidavit of Support which is used for an Immigrant Visa (not a K-3).

How is it that you ALL live at the same address in the USA? If you are obtaining a K-3, you don't yet live in the USA, right? I believe you mean your wife and her parents live at the same address in the USA.

Her parents are considered "contributing household members", and they will supply an I-864A to go along with your wife's I-864, when the time comes to adjust your status after you arrive in the USA on your K-3. For now, your wife needs to do an I-134 and if she doesn't earn enough, her parents can do a separate I-134 as joing sponsors. If one of her parents earns enough alone, they can just do one I-134 showing that parent's income only.

I'm not familiar with income earned overseas, but it surprises me that it doesnt' show up on her US tax return. I understand she might not have had to pay tax on those earnings, but surely they would show up as earned income somewhere on the tax return, if she claimed the income properly?

If she is currenly unemployed, then her current income is zero. If the I-864 is asking for an amount from a certain line on last year's tax return, she should put that amount. You'll have to see what the I-134 asks for specifically.

Not sure offhand about your other two questions without looking at the form, which I don't have handy.

Best Wishes,
Rene

Wibo

I am already in the states. Came in as a tourist on the Visa Waiver Program and married my GF 75 days into my 90 day limit.

Noorah101

I understand that. But you are not living in the USA. You are visiting.

And my comments about the I-864 are still the same. If you are going for a CR-1 visa you need the I-864 form. But if you are going for a K-3, you need the I-134 form.

Just so you know, if you want to go back home and get a visa, the K-3 is not the preferred method anymore, just stick to the CR-1. It takes the same amount of time as a K-3 and is a more direct path to a green card.

You did not mention wanting to do AOS in your post, you were asking about the Affidavit of Support requirements for the K-3. If you are planning to AOS, you will use the I-864.

Rene

meauxna

You keep describing the Adjustment of Status (AOS) process as a "K-3 visa".

Correctly identifying these terms will help you ask questions that will get better answers for you.

AOS means I-130 + I-485 + all attachments + staying in the country while waiting for Green Card.

K-3 visa means I-130 + I-129f later + visa interview abroad + travel to US + file I-485 once here.

Noorah101

Oh wow. I didn't even realize he was meaning AOS when he said K-3. I thought he was referring to going back home and pursuing the K-3 visa.

Rene