options for 864

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Old Jun 22nd 2002, 4:20 pm
  #1  
Dave Depottie
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Default options for 864

Need help.

- my daugher married a us citizen - they want to file 130/485/864/765
- he does not earn enuf income to sponser her, and neither does his family
- he might have difficulty finding 3 yrs of income tax returns - if if he has them,
he doesn't keep them

Questions:

does the 864 need to be filed at the same time as the 485? if they can wait till
interview, and have work authorization, can my daughter's income be combined with his
at that time?

Thanx!

Dave
 
Old Jun 22nd 2002, 4:20 pm
  #2  
Alvena Ferreira
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Default Re: options for 864

Dave DePottie wrote:
    > - my daugher married a us citizen - they want to file 130/485/864/765
    > - he does not earn enuf income to sponser her, and neither does his family
    > - he might have difficulty finding 3 yrs of income tax returns - if if he has them,
    > he doesn't keep them
    >
    > Questions:
    >
    > does the 864 need to be filed at the same time as the 485?

yes.

    > if they can wait till interview, and have work authorization, can my daughter's
    > income be combined with his at that time?
    >
However, if they can find a way to file, her income CAN be counted at the interview,
presuming they have been living together for a minimum of 6 months or she is listed
on his last tax return.

He can get copies of old returns from the IRS...should request "tax transcripts",
which work nicely for this purpose. He can have someone other than his family act as
a co-sponsor, it can be any US citizen or permanent resident who is willing to do so
and has adequate income for their family plus her.

Alvena

Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
gleaned from the previous postings of others, and posted for the purpose of
discussion only. If your case is complicated, then you may need an immigration
attorney. Locate an immigration attorney in your area at: http://www.aila.org
=========================================
 

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