AOS (I-864)

[Noi3125 1]

Hello dear VJ friends,

Every time I think I have this all figured out I realize I don't have a clue and I come running back here for more help. So I thought I was all set for the I-864 but now I have some questions before I mail it off. Thanks in advance for your time and help.

Background: I have been a full time student until this point and so my mom as a household member helps me meet the income requirements and has filled out the 864A and I filled out the 864. We, my husband and I, are hoping to pursue both K-3 and CR-1 simultaneously and with the hope of switching our interview as many people have. Therefore these questions are asked with both the NVC and the embassy in mind.

1) Being that my mom is filling out the 864A I just realized that I probably have to be included in the household size so rather than just my mom and spouse (2), it is probably all three of us even though I am not on her taxes, correct? Originally I was thinking that because she doesn't claim me on her income taxes she only has to count her and my husband in the household size but maybe I read it wrong so now I am thinking it has to be three of us.

2) If we have to have a household size of three my household member's (my mom) income meets the 125% poverty level for 2008 but not for the two years prior (However for household size of 2 it meets it all three years). Is it required to have the income met for the three years straight? Her employment letter says that she should make well over the requirement for this coming year, '09. And her '08 pay stubs show the year to date income as greater than the required amount. In addition her assets in previous years have definitely made up 5 times the difference however they only ask you about your current assets.

3) I have a job which treats me as an independent contractor and therefore I pay self-employment taxes although I am not technically self-employed. My employer is therefore unwilling to give me an employment letter. Can I submit the I-864 without an employment letter?

4) If I submit what I have and on any of the above grounds they find us to be insufficient is that reason for a denial or for something more like an RFE where they then give me a chance to find a co-sponsor rather than simply denying us?

5) Not related to immigration but thought someone might have an answer. I was married in 2008, but being that we don't have a visa my spouse has no social security number so I am wondering if I can file my 2008 taxes as married or not?

6) Can I use the I-864EZ? According to the instructions I fit 1 and 2 and maybe three. I have only income I am reporting but I am using a household member to actually qualify so... not sure where that stands in accordance with #3.

1. You are the person who filed or is filing the Form I-130,

Petition for Alien Relative, for a relative being sponsored;

2. The relative you are sponsoring is the only person listed on

the Form I-130 petition;

3. 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).

7) Lastly, I will be signing a four year (July '09 to July '13) contract for a job with my salary listed on the contract (exceeding the 125% poverty level), would it be helpful to submit that contract after I sign it?

Thank you so much. I know I asked many questions and I appreciate everyone who takes the time to answer any of them. I tried to make it as clear as possible but let me know if something is unclear.

Thanks,

Noi

[rin and john 71]

Hello dear VJ friends,

Every time I think I have this all figured out I realize I don't have a clue and I come running back here for more help. So I thought I was all set for the I-864 but now I have some questions before I mail it off. Thanks in advance for your time and help.

Background: I have been a full time student until this point and so my mom as a household member helps me meet the income requirements and has filled out the 864A and I filled out the 864. We, my husband and I, are hoping to pursue both K-3 and CR-1 simultaneously and with the hope of switching our interview as many people have. Therefore these questions are asked with both the NVC and the embassy in mind.

1) Being that my mom is filling out the 864A I just realized that I probably have to be included in the household size so rather than just my mom and spouse (2), it is probably all three of us even though I am not on her taxes, correct? Originally I was thinking that because she doesn't claim me on her income taxes she only has to count her and my husband in the household size but maybe I read it wrong so now I am thinking it has to be three of us.

2) If we have to have a household size of three my household member's (my mom) income meets the 125% poverty level for 2008 but not for the two years prior (However for household size of 2 it meets it all three years). Is it required to have the income met for the three years straight? Her employment letter says that she should make well over the requirement for this coming year, '09. And her '08 pay stubs show the year to date income as greater than the required amount. In addition her assets in previous years have definitely made up 5 times the difference however they only ask you about your current assets.

3) I have a job which treats me as an independent contractor and therefore I pay self-employment taxes although I am not technically self-employed. My employer is therefore unwilling to give me an employment letter. Can I submit the I-864 without an employment letter?

4) If I submit what I have and on any of the above grounds they find us to be insufficient is that reason for a denial or for something more like an RFE where they then give me a chance to find a co-sponsor rather than simply denying us?

5) Not related to immigration but thought someone might have an answer. I was married in 2008, but being that we don't have a visa my spouse has no social security number so I am wondering if I can file my 2008 taxes as married or not?

6) Can I use the I-864EZ? According to the instructions I fit 1 and 2 and maybe three. I have only income I am reporting but I am using a household member to actually qualify so... not sure where that stands in accordance with #3.

1. You are the person who filed or is filing the Form I-130,

Petition for Alien Relative, for a relative being sponsored;

2. The relative you are sponsoring is the only person listed on

the Form I-130 petition;

3. 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).

7) Lastly, I will be signing a four year (July '09 to July '13) contract for a job with my salary listed on the contract (exceeding the 125% poverty level), would it be helpful to submit that contract after I sign it?

Thank you so much. I know I asked many questions and I appreciate everyone who takes the time to answer any of them. I tried to make it as clear as possible but let me know if something is unclear.

Thanks,

Noi

Joe&Noi,

Not sure about all the I-864 questions, but regarding taxes, yes you can file married filing separately or married filing jointly. You will need a ITIN for your husband. Go back thru some of my old posts; I have gone over it in detail several times (it is what Rin and I did for tax yr 2006 - we married in 2006, but she did not arrive in the US until 2007 - you'll need to file a W-7 for the ITIN which will include a notarized copy of his passport from the US embassy in Bangkok).

If you read thru my old posts and still have questions related to taxes, then feel free to PM me.

John