AOS and I-765 forms

[terryn 0]

I am confused with the filling as code ©(9) what is that?

Where do i send the forms, i am filling I-485, I-765, I-864 together.

If i pay the fee for the I-485 does that mean i do not need to add the fee for the rest?

Can more than one person sponsor me in the I-864 form?

Many thanks

Stuart

[Zee Bee 61]

As a K1 filing after marriage the code you would file under is ( c ) (9). There are different codes for different people.

Send all the forms to the Chicago lockbox.

The total fee is $1010, whether you just file the I-485 or add the EAD and AP. Better to file all together I think

You can have a joint sponsor for the I-864. Each sponsor needs to fill one.

[stuartgoc 0]

Would you know if I can use my own income, Terry the US Citizen is a full time student with a part time job.....I have been working in the USA for the last 4 years and make more than the 125% 0f the poverty level. I can't find an answer to this anywhere!!

Stuart

As a K1 filing after marriage the code you would file under is ( c ) (9). There are different codes for different people.

Send all the forms to the Chicago lockbox.

The total fee is $1010, whether you just file the I-485 or add the EAD and AP. Better to file all together I think

You can have a joint sponsor for the I-864. Each sponsor needs to fill one.

[Bassi and Zainab 1]

Would you know if I can use my own income, Terry the US Citizen is a full time student with a part time job.....I have been working in the USA for the last 4 years and make more than the 125% 0f the poverty level. I can't find an answer to this anywhere!!

Stuart

No. The petitioner or the petitioner and a co sponsor have to complete it. The idea is if you don't have income, who will take care of you and prevent you from becoming a public charge. You can't use your own income for that.

[terryn 0]

Hi I found this in this site

Sponsor's Income Requirement

As a sponsor, your household income must equal or exceed 125 percent of the Federal poverty line for your household size. For the purpose of the affidavit of support, household size includes yourself, all persons related to you by birth, marriage, or adoption living in your residence, your dependents, any immigrants you have previously sponsored using INS Form I-864 if that obligation has not terminated, and the intending immigrant(s) in Part 3 of this affidavit of support. The poverty guidelines are calculated and published annually by the Department of Health and Human Services. Sponsors who are on active duty in the U.S. Armed Forces other than for training need only demonstrate income at 100 percent of the poverty line if they are submitting this affidavit for the purpose of sponsoring their spouse or child.

If you are currently employed and have an individual income which meets or exceeds 125 percent of the Federal poverty line, (or 100 percent, if applicable) for your household size, you do not need to list the income of any other person. When determining your income, you may include the income generated by individuals related to you by birth, marriage, or adoption who are living in your residence, if they have lived in your residence for the previous 6 months, or who are listed as dependents on your most recent Federal income tax return whether or not they live in your residence. For their income to be considered, these household members or dependents must be willing to make their income available for the support of the sponsored immigrant(s) if necessary, and to complete and sign Form I-864A, Contract Between Sponsor and Household Member.

However, a household member who is the immigrant you are sponsoring only need complete Form I-864A if his or her income will be used to determine your ability to support a spouse and/or children immigrating with him or her.

Can Stuart fill out a I-864A and then we can use his income along with mine....my income comes up short because I only worked part time the last 5 years while in college......

Terry

Would you know if I can use my own income, Terry the US Citizen is a full time student with a part time job.....I have been working in the USA for the last 4 years and make more than the 125% 0f the poverty level. I can't find an answer to this anywhere!!

Stuart

No. The petitioner or the petitioner and a co sponsor have to complete it. The idea is if you don't have income, who will take care of you and prevent you from becoming a public charge. You can't use your own income for that.

[malego77 2]

Would you know if I can use my own income, Terry the US Citizen is a full time student with a part time job.....I have been working in the USA for the last 4 years and make more than the 125% 0f the poverty level. I can't find an answer to this anywhere!!

Stuart

You can use your income/assets to help your spouse to reach the poverty line. But you can't do it by yourself (only your income). It's better look for a co-sponsor. Good luck

[terryn 0]

She is short about $3000.00....... I make way over the poverty level for 2 person household.....Do you think we could file a I 864 and I 864A together???

[CarolynRitesh 0]

Hi Terry and Stuart,

I just saw this thread after seeing the original! (Didn't realize you are prepping for AOS now!) As long as the beneficiary's income is being earned in the US, it should not be a problem to use it. Assets from any location can also be used, as long as they are converted into US dollars.

I wish I could help you regarding which form to fill out - whether it is a 'shared' I-864, or a separate I-864A, I don't have the form in front of me, but I thought there was a place in the I-864 just for the immigrants income and assets? This would be a great question to put in the forum for adjusting status, I know you are not the only ones who have had this question!

Good luck with AOS, and please post your findings and progress so that we can all benefit!

[Bassi and Zainab 1]

However, a household member who is the immigrant you are sponsoring only need complete Form I-864A if his or her income will be used to determine your ability to support a spouse and/or children immigrating with him or her.

Can Stuart fill out a I-864A and then we can use his income along with mine....my income comes up short because I only worked part time the last 5 years while in college......

Terry

I really don't think he can use his income to prove support for himself. Support for other people immigrating with him, but not for himself. The support form is for if he becomes unemployed and needs assistance. If he needs assistance, who will provide that assistance? It can't be himself. It has to be his spouse or some other person (a co-sponsor). If you really think about it, it isn't logical any other way. I know that maybe you don't want to get a co-sponsor, but think about the purpose of the form and you'll realize the illogic in what you are proposing. If you are only $3000 short, have you included assests, like the value of a home you own, or investments like an IRA or other retirement plan you may have.

[Zee Bee 61]

From the I-864A:

If you are the intending immigrant and the sponsor is including your income on Form I-864 to meet the eligibility requirements, you need to complete this form only if you have accompanying dependents. If you are the intending immigrant and the sponsor is including only your assets on Form I-864, you do not need to complete this form, even if you have accompanying dependents.

I guess the question is: do you have any dependents? If not, then if you are using your income, you just need to fill out the I-864, not the I-864A.

From the I-864:

Income from the intending immigrant, if that income will continue from the same source after immigration, and if theintending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident.

So, you can use your income to make up the difference in Terry's income. You cannot use only your income. On the I-864, Q24 is where you would indicate your income.

Edited April 11, 2008 by ZeeNusah

[terryn 0]

Thanks, I have been employeed in the US for the past 4 years with the same company and I report back to work this Monday 4/14/07.................Terry's income is short about $3000.00.......I can cover that by at least 10 times.....Not sure what forms I need to fill out......just the I 864 or both the I864 and the I 864A...This whole process is very unclear

Stuart

From the I-864A:

If you are the intending immigrant and the sponsor is including your income on Form I-864 to meet the eligibility requirements, you need to complete this form only if you have accompanying dependents. If you are the intending immigrant and the sponsor is including only your assets on Form I-864, you do not need to complete this form, even if you have accompanying dependents.

I guess the question is: do you have any dependents? If not, then if you are using your income, you just need to fill out the I-864, not the I-864A.

From the I-864:

Income from the intending immigrant, if that income will continue from the same source after immigration, and if theintending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident.

So, you can use your income to make up the difference in Terry's income. You cannot use only your income. On the I-864, Q24 is where you would indicate your income.

[Zee Bee 61]

Thanks, I have been employeed in the US for the past 4 years with the same company and I report back to work this Monday 4/14/07.................Terry's income is short about $3000.00.......I can cover that by at least 10 times.....Not sure what forms I need to fill out......just the I 864 or both the I864 and the I 864A...This whole process is very unclear

Stuart

Just the I-864.

However, an intending immigrant whose income is being used to meet the income requirement does not need to complete Form I-864A, Contract Between Sponsor and HouseholdMember [....]

So I think that Terry would fill the I-864 out but just include your information for Q24 and then checks box (e). I don'ty think you need to fill anything out. You would only fill out the I-864 IF you have dependents that immigrated with you.

[terryn 0]

Thanks, and no kids yet!!!!

Stuart

Thanks, I have been employeed in the US for the past 4 years with the same company and I report back to work this Monday 4/14/07.................Terry's income is short about $3000.00.......I can cover that by at least 10 times.....Not sure what forms I need to fill out......just the I 864 or both the I864 and the I 864A...This whole process is very unclear

Stuart

Just the I-864.

However, an intending immigrant whose income is being used to meet the income requirement does not need to complete Form I-864A, Contract Between Sponsor and HouseholdMember [....]

So I think that Terry would fill the I-864 out but just include your information for Q24 and then checks box (e). I don'ty think you need to fill anything out. You would only fill out the I-864 IF you have dependents that immigrated with you.

[stuartgoc 0]

One form down and counting!!!!

Thanks, and no kids yet!!!!

Stuart

Thanks, I have been employeed in the US for the past 4 years with the same company and I report back to work this Monday 4/14/07.................Terry's income is short about $3000.00.......I can cover that by at least 10 times.....Not sure what forms I need to fill out......just the I 864 or both the I864 and the I 864A...This whole process is very unclear

Stuart

Just the I-864.

However, an intending immigrant whose income is being used to meet the income requirement does not need to complete Form I-864A, Contract Between Sponsor and HouseholdMember [....]

So I think that Terry would fill the I-864 out but just include your information for Q24 and then checks box (e). I don'ty think you need to fill anything out. You would only fill out the I-864 IF you have dependents that immigrated with you.