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I-864 vs. I-864ez

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Filed: Country: Nigeria
Timeline

Hello,

I am filing for my step-children. I am the only one that will be listed on the I-864 as I make enough to sponsor them myself.

One of the requirements for filing an I-864ez is:

"The income you are using to qualify is based entirely on your salary or pension and is shown on one or more forms W-2 provided by your employer(s) or former employer(s)"

I will be providing 3 years of tax transcripts. The first 2 years are mine alone, the third year is a joint return with my husband. I qualify (by myself) all three years. My question pertains to the above bolded part of the requirement.

While my last tax transcript DOES include my husband's income, I qualify even without his income. So, I am probably over thinking this, but can I still use the EZ form even if my husband is on my last year's tax return?

Thank you in advance.

HUSBAND'S CASE

9/17/2011 - sent I-13

09/19/2011 - noa1 received

3/16/2012 - case sent to my local USCIS office for additional processing

4/21/2012 - AP. If we haven't heard from them in SIX MONTHS (omg) we can feel free to call them!!! Thanks!

9/20/2012 - Interview scheduled - October 3!!!!

10/3/2012 - Interview went well but she must look at his A-file more before decision.

10/12/2012 - I-130 APPROVED! APPROVED! APPROVED!

KIDS' CASES

04/20/2012: NOA107/20/2012: instead of an approval, we got thrown into AP. sigh

11/01/2012: Boys' I-130 interview set for November 28, 2012.

11/28/2012: I-130s APPROVED! APPROVED! APPROVED!

NVC

12/14/2012: NVC Received

12/31/2012: Case number/IIN

12/31/2012: DS-3032 sent

01/08/2013: DS-3032 accepted

01/02/2013: AOS bill0

1/03/2013: AOS bill shows PAID

01/04/2013: AOS package sent

01/09/2013: IV bill

01/10/2013: IV bill shows PAID

01/11/2013: IV package sent

01/23/2013: Case complete

02/01/2013: Interview scheduled

US Embassy Lagos

02/22/2013: Embassy received

03/01/2013: Medical

03/20/2013: Interview - was told the boys would have been approved on the spot if they had pics! Errrr :-(

04/15/2013: DNA test

05/15/2013: Emailed embassy BEGGING them to let boys drop off passports for visa insertion. IT WORKED!!!

05/31/2013: Visa in hand

06/02/2013: POE JFK!!!!!!

5spxll0m6aa.png

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Filed: Other Country: Albania
Timeline

Hello,

I would just like to say that first off... our cases are not similar so i'm not sure if i can help you. having said that... i am currently sponsoring my husband. my income wasnt high enough so we needed a joint sponsor. since our joint sponsor is married, our lawyer told us that any sponsor who is marrried (and files a joint tax return) needs their spouse to file an i-864a form. so the sponsor would file the i-864 and his/her spouse would have to file an i-864A because they filed taxes together.

like i said our cases are different so im not sure if this will help you or not. i just thought i would try. good luck!

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The tax transcripts should also break down the income from the 1099's or w-9's. We also sent in a letter from the employer as well,stating salary, just to cover all bases.

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Filed: Country: Nigeria
Timeline

Yes, I have the tax transcripts for the last 3 years. My question was about filing I-864 vs. I-864EZ. One of the instructions on the EZ is that the income I am using is based entirely on MY salary. I am using entirely MY salary, but my husband's salary is also on that last year of tax transcripts. But my salary alone will cover the sponsorship.

So...Can I or can I not use the EZ if my husband is on my last year's transcript (even if his part of the income isn't being used for this purpose.)???

Thanks guys.

HUSBAND'S CASE

9/17/2011 - sent I-13

09/19/2011 - noa1 received

3/16/2012 - case sent to my local USCIS office for additional processing

4/21/2012 - AP. If we haven't heard from them in SIX MONTHS (omg) we can feel free to call them!!! Thanks!

9/20/2012 - Interview scheduled - October 3!!!!

10/3/2012 - Interview went well but she must look at his A-file more before decision.

10/12/2012 - I-130 APPROVED! APPROVED! APPROVED!

KIDS' CASES

04/20/2012: NOA107/20/2012: instead of an approval, we got thrown into AP. sigh

11/01/2012: Boys' I-130 interview set for November 28, 2012.

11/28/2012: I-130s APPROVED! APPROVED! APPROVED!

NVC

12/14/2012: NVC Received

12/31/2012: Case number/IIN

12/31/2012: DS-3032 sent

01/08/2013: DS-3032 accepted

01/02/2013: AOS bill0

1/03/2013: AOS bill shows PAID

01/04/2013: AOS package sent

01/09/2013: IV bill

01/10/2013: IV bill shows PAID

01/11/2013: IV package sent

01/23/2013: Case complete

02/01/2013: Interview scheduled

US Embassy Lagos

02/22/2013: Embassy received

03/01/2013: Medical

03/20/2013: Interview - was told the boys would have been approved on the spot if they had pics! Errrr :-(

04/15/2013: DNA test

05/15/2013: Emailed embassy BEGGING them to let boys drop off passports for visa insertion. IT WORKED!!!

05/31/2013: Visa in hand

06/02/2013: POE JFK!!!!!!

5spxll0m6aa.png

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  • 3 weeks later...

You can only use the EZ form if you aren't using a co-sponsor and you are only sponsoring one person on the petition.

Otherwise use the 864A form.

Relationship and I-130 Process

Sometime in October, 2011: We met online talking about Argentina.
Later in October: Met in person in Philadelphia and became good friends.
March 4, 2012: Became girlfriend and boyfriend, officially.
March 21: Gloria leaves the US at the end of her J-1 Visa.
April 9: Got engaged!
May 12-26: Chris visits Buenos Aires.
May 18: Got married in Argentina :) Happy day!!
May 29: Sent out I-130
June 4: NOA1 received.
August 17-20: Chris visits again.
September 22-29: Chris 3rd visit, Gloria's birthday!
November 11-January 5: Chris stays in Argentina almost 2 months, Gloria is happy!
December 28: NOA2 YAY!!!
December 31: Package received at NVC.
January 18, 2013: Got case # and IIN.
February 6: Case complete!!
February 11: Interview assigned.
February 25: Package received at Embassy in Buenos Aires.
March 18: Interview Approved!!
March 28: Visa received.
March 29: Houston POE

April 11: received greencard!!!!!!!

January 9, 2015: sent out form I-751

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You seem to meet all 3 of the requirements for using the 864EZ (assuming only one person is listed on each petition) so I believe you can use the I-864EZ.

Edited by caly

USCIS: CR-1 Visa @ Vermont Service Center (Approved in 140 days from NOA1)

03/07/11: I-130 package sent to Chicago Lockbox

03/14/11: NOA1 via text and email (03/21/11: in the mail); petition routed to VSC

07/27/11: NOA2 via text and email (07/30/11: received in the mail)

08/01/11: Case received at NVC

09/19/11: Case complete and forwarded to consulate

10/19/11: Interview (APPROVED!!!)

11/18/11: POE

12/12/11: 2- year Green Card arrives in the mail

12/22/11: Applied for SSN at local office

12/26/11: SSN arrives in the mail

08/20/13: ROC window opens

10/03/13: I-751 package sent to Vermont Service Center

10/05/13: I-751 Delivered (Signed for by Karen Fitzgerald)

10/09/13: Check cleared bank account

10/11/13: NOA1 received (dated 10/07/13)

10/19/13: Biometrics appointment notice received (dated 10/16/13)

11/12/13: Biometrics appointment in Buffalo, NY

11/15/13: Case transferred to CSC

03/04/14: USCIS case status update: Card/Document Production (i.e. APPROVED!!!)

03/07/14: USCIS case status update: Green Card in the postal system; tracking number

03/08/14: Approval notice arrives in the mail (dated 03/04/2014; USCIS Office: Buffalo, NY)

03/10/14: 10-year Green Card arrives in the mail

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