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Posted

Hi all,

Feeling a bit confused about the whole I-864 thing.

can my wife (us citizen) fill this out or will it have to be the person who sponsored me for the whole K-1 process?? or both??

Also what would she have to make a year with no dependants and just to sponsor me??

Any help would be greatly appreciated, this is the only thing left to do before sending off all the AOS paperwork.

Thanks in advance.

3/2004 met in nottingham, england

8/2004-10/2004 first visit to US

3/2005-6/2005 second visit to US

6/2005 file to vermont

7/2005 get NOA1 and NOA2 approved

8/2005 petition received and sent to London, packet 3 received

12/05/2006 Medical appointment - London

16/06/2006 - VISA INTERVIEW!!!!!!!

APPROVED!!!!!!!!!!!!!!!!

06/22/06 - Travel to america - received EAD at JFK

06/28/06 - MARRIED - WOOO HOOOOO

The AOS journey begins............

7/27/2006 AOS/EAD Paperwork mailed to chicago...

7/29/2006 Delivered 4.38pm, chicago

8/07/2006 NOA Received for AOS and EAD

8/23/2006 Biometrics at 8.00am, Norfolk VA

8/23/2006 First time i can see case staus online - RFE issued and mailed 8/17/06...........

8/26/2006 Received RFE.......Great

8/29/2006 Can see both cases online!!!!

9/27/2006 Documents requested for RFE received by USCIS

10/4/2006 Case transferred to CSC

10/11/2006 EAD Approved, will be mailed card as soon as it is ready!!!

case touched 19-22 march 2007 - no change :(

3/24/2007 Current Status: Notice mailed welcoming the new permanent resident - approved!!!!!!!!!!

green card being mailed, no more uscis til later!!!!!!

Posted
Here's the poverty guideline document:

http://www.uscis.gov/graphics/formsfee/forms/i-864P.htm

-----

I'm a little confused... you mention "my wife" and "person who sponsored me for the whole K-1"...

who do you consider as having sponsored you for the whole K-1 so far?? Can you clarify the two people your talking about...

sure, and thanks for the link.

i had my then fiancee and her step father both fill out the I-134 for my K-1 interview.

3/2004 met in nottingham, england

8/2004-10/2004 first visit to US

3/2005-6/2005 second visit to US

6/2005 file to vermont

7/2005 get NOA1 and NOA2 approved

8/2005 petition received and sent to London, packet 3 received

12/05/2006 Medical appointment - London

16/06/2006 - VISA INTERVIEW!!!!!!!

APPROVED!!!!!!!!!!!!!!!!

06/22/06 - Travel to america - received EAD at JFK

06/28/06 - MARRIED - WOOO HOOOOO

The AOS journey begins............

7/27/2006 AOS/EAD Paperwork mailed to chicago...

7/29/2006 Delivered 4.38pm, chicago

8/07/2006 NOA Received for AOS and EAD

8/23/2006 Biometrics at 8.00am, Norfolk VA

8/23/2006 First time i can see case staus online - RFE issued and mailed 8/17/06...........

8/26/2006 Received RFE.......Great

8/29/2006 Can see both cases online!!!!

9/27/2006 Documents requested for RFE received by USCIS

10/4/2006 Case transferred to CSC

10/11/2006 EAD Approved, will be mailed card as soon as it is ready!!!

case touched 19-22 march 2007 - no change :(

3/24/2007 Current Status: Notice mailed welcoming the new permanent resident - approved!!!!!!!!!!

green card being mailed, no more uscis til later!!!!!!

Posted

Your fiancee and now wife will always be considered as your primary sponsor regardless of her financial situation. Her step father would be your co-sponsor.

If your wife meets the poverty guidelines then she can fill out the I-864 and there is no need for the step father to. If she doesnt then your wife should fill it in as your sponsor and her step father as a co-sponsor.

Ian & Kristen

UK / U.S.A.

01/OCT/05 - I-129F sent to Vermont Service Centre

12/OCT/05 - NOA1 received

26/OCT/05 - NOA2, application approved

02/NOV/05 - Case now at London Embassy

25/NOV/05 - Packet 3 received

08/DEC/05 - Medical

21/DEC/05 - Packet 3 sent back

03/JAN/06 - Packet 4 received

09/JAN/06 - Interview day (approved)

11/FEB/06 - Fly to USA

14/FEB/06 - Get married

AOS/EAD/AP

10/MAR/06 - AOS, EAD, AP sent

12/MAR/06 - AOS, EAD, AP received

17/MAR/06 - Checks cashed for AOS, EAD and AP

18/MAR/06 - NOA received for AOS, EAD and AP. Receipt dated 15/MAR/06

05/APR/06 - Biometrics appointment

08/APR/06 - EAD and AOS touched

27/APR/06 - EAD and AP touched

29/APR/06 - EAD and AP touched

25/MAY/06 - AP approved and EAD touched

26/MAY/06 - AP touched

28/MAY/06 - AP received

30/MAY/06 - EAD approved & AOS interview schedule for 11/JULY/06

11/JULY/06 - AOS interview scheduled - Approved!!

Removal of Conditions

Jun/08 - Preparing evidence

Filed: Timeline
Posted

If your NOW spouse's income exceeds the guideline, then no Joint-Sponsor is needed; just have her to a I-864. She is the sponsor and is the one who is expected to continue to sponsor you for Adjustment of Status...

If it does not meet the guideline, then you should again use a J-S... If you guys will be living in the same household as your step father, some options open up...

Filed: AOS (apr) Country: Poland
Timeline
Posted
Here's the poverty guideline document:

http://www.uscis.gov/graphics/formsfee/forms/i-864P.htm

-----

I'm a little confused... you mention "my wife" and "person who sponsored me for the whole K-1"...

who do you consider as having sponsored you for the whole K-1 so far?? Can you clarify the two people your talking about...

Your wife HAS to be your primary sponsor (fills out I=864) and as long as she meets the poverty guidelines, she can be the only sponsor (look at the link with poverty guidelines from zixuandavid) . If she doesn't meet the guidelines, you will need a joint sponsor, but your wife still has to fill out the form I-864 as a petitioner. Who was your petitioner on K-1, your wife, right?So she is the primary sponsor.

Posted
Your fiancee and now wife will always be considered as your primary sponsor regardless of her financial situation. Her step father would be your co-sponsor.

If your wife meets the poverty guidelines then she can fill out the I-864 and there is no need for the step father to. If she doesnt then your wife should fill it in as your sponsor and her step father as a co-sponsor.

Thanks that clears it up a little!

Also while i'm here!! - my wife does meet the poverty guidlines for this year but didnt last year so her tax return will not show good figures, will this make a difference??

3/2004 met in nottingham, england

8/2004-10/2004 first visit to US

3/2005-6/2005 second visit to US

6/2005 file to vermont

7/2005 get NOA1 and NOA2 approved

8/2005 petition received and sent to London, packet 3 received

12/05/2006 Medical appointment - London

16/06/2006 - VISA INTERVIEW!!!!!!!

APPROVED!!!!!!!!!!!!!!!!

06/22/06 - Travel to america - received EAD at JFK

06/28/06 - MARRIED - WOOO HOOOOO

The AOS journey begins............

7/27/2006 AOS/EAD Paperwork mailed to chicago...

7/29/2006 Delivered 4.38pm, chicago

8/07/2006 NOA Received for AOS and EAD

8/23/2006 Biometrics at 8.00am, Norfolk VA

8/23/2006 First time i can see case staus online - RFE issued and mailed 8/17/06...........

8/26/2006 Received RFE.......Great

8/29/2006 Can see both cases online!!!!

9/27/2006 Documents requested for RFE received by USCIS

10/4/2006 Case transferred to CSC

10/11/2006 EAD Approved, will be mailed card as soon as it is ready!!!

case touched 19-22 march 2007 - no change :(

3/24/2007 Current Status: Notice mailed welcoming the new permanent resident - approved!!!!!!!!!!

green card being mailed, no more uscis til later!!!!!!

Posted

We were in the same situation, my wife was a student last year so did not meet the income requirements but does now. There is no yes or no answer to this question (i looked long and hard for one) it is at the discretion of the interviewing officer.

My advice would be that if you can get the co-sponsor to fill it in then do that. If they decide that you dont need a co-sponsor then they will simply not use it. This way you are just covering your bases.

The immigration officers decision may also be dependant on how long your wife has been at her job, what the job is and how much she earnts.

Sorry there isnt a more concrete answer to this

Ian & Kristen

UK / U.S.A.

01/OCT/05 - I-129F sent to Vermont Service Centre

12/OCT/05 - NOA1 received

26/OCT/05 - NOA2, application approved

02/NOV/05 - Case now at London Embassy

25/NOV/05 - Packet 3 received

08/DEC/05 - Medical

21/DEC/05 - Packet 3 sent back

03/JAN/06 - Packet 4 received

09/JAN/06 - Interview day (approved)

11/FEB/06 - Fly to USA

14/FEB/06 - Get married

AOS/EAD/AP

10/MAR/06 - AOS, EAD, AP sent

12/MAR/06 - AOS, EAD, AP received

17/MAR/06 - Checks cashed for AOS, EAD and AP

18/MAR/06 - NOA received for AOS, EAD and AP. Receipt dated 15/MAR/06

05/APR/06 - Biometrics appointment

08/APR/06 - EAD and AOS touched

27/APR/06 - EAD and AP touched

29/APR/06 - EAD and AP touched

25/MAY/06 - AP approved and EAD touched

26/MAY/06 - AP touched

28/MAY/06 - AP received

30/MAY/06 - EAD approved & AOS interview schedule for 11/JULY/06

11/JULY/06 - AOS interview scheduled - Approved!!

Removal of Conditions

Jun/08 - Preparing evidence

Posted
We were in the same situation, my wife was a student last year so did not meet the income requirements but does now. There is no yes or no answer to this question (i looked long and hard for one) it is at the discretion of the interviewing officer.

My advice would be that if you can get the co-sponsor to fill it in then do that. If they decide that you dont need a co-sponsor then they will simply not use it. This way you are just covering your bases.

The immigration officers decision may also be dependant on how long your wife has been at her job, what the job is and how much she earnts.

Sorry there isnt a more concrete answer to this

Thanks again, i love this site!!!

without it we would all be lost!

i think the best way for us to do it now would be to have her fill it out and include our step father on the household and have him fill out the I-864A, correct me if i'm wrong!

bye for now.

3/2004 met in nottingham, england

8/2004-10/2004 first visit to US

3/2005-6/2005 second visit to US

6/2005 file to vermont

7/2005 get NOA1 and NOA2 approved

8/2005 petition received and sent to London, packet 3 received

12/05/2006 Medical appointment - London

16/06/2006 - VISA INTERVIEW!!!!!!!

APPROVED!!!!!!!!!!!!!!!!

06/22/06 - Travel to america - received EAD at JFK

06/28/06 - MARRIED - WOOO HOOOOO

The AOS journey begins............

7/27/2006 AOS/EAD Paperwork mailed to chicago...

7/29/2006 Delivered 4.38pm, chicago

8/07/2006 NOA Received for AOS and EAD

8/23/2006 Biometrics at 8.00am, Norfolk VA

8/23/2006 First time i can see case staus online - RFE issued and mailed 8/17/06...........

8/26/2006 Received RFE.......Great

8/29/2006 Can see both cases online!!!!

9/27/2006 Documents requested for RFE received by USCIS

10/4/2006 Case transferred to CSC

10/11/2006 EAD Approved, will be mailed card as soon as it is ready!!!

case touched 19-22 march 2007 - no change :(

3/24/2007 Current Status: Notice mailed welcoming the new permanent resident - approved!!!!!!!!!!

green card being mailed, no more uscis til later!!!!!!

Posted
We were in the same situation, my wife was a student last year so did not meet the income requirements but does now. There is no yes or no answer to this question (i looked long and hard for one) it is at the discretion of the interviewing officer.

My advice would be that if you can get the co-sponsor to fill it in then do that. If they decide that you dont need a co-sponsor then they will simply not use it. This way you are just covering your bases.

The immigration officers decision may also be dependant on how long your wife has been at her job, what the job is and how much she earnts.

Sorry there isnt a more concrete answer to this

Thanks again, i love this site!!!

without it we would all be lost!

i think the best way for us to do it now would be to have her fill it out and include our step father on the household and have him fill out the I-864A, correct me if i'm wrong!

bye for now.

3/2004 met in nottingham, england

8/2004-10/2004 first visit to US

3/2005-6/2005 second visit to US

6/2005 file to vermont

7/2005 get NOA1 and NOA2 approved

8/2005 petition received and sent to London, packet 3 received

12/05/2006 Medical appointment - London

16/06/2006 - VISA INTERVIEW!!!!!!!

APPROVED!!!!!!!!!!!!!!!!

06/22/06 - Travel to america - received EAD at JFK

06/28/06 - MARRIED - WOOO HOOOOO

The AOS journey begins............

7/27/2006 AOS/EAD Paperwork mailed to chicago...

7/29/2006 Delivered 4.38pm, chicago

8/07/2006 NOA Received for AOS and EAD

8/23/2006 Biometrics at 8.00am, Norfolk VA

8/23/2006 First time i can see case staus online - RFE issued and mailed 8/17/06...........

8/26/2006 Received RFE.......Great

8/29/2006 Can see both cases online!!!!

9/27/2006 Documents requested for RFE received by USCIS

10/4/2006 Case transferred to CSC

10/11/2006 EAD Approved, will be mailed card as soon as it is ready!!!

case touched 19-22 march 2007 - no change :(

3/24/2007 Current Status: Notice mailed welcoming the new permanent resident - approved!!!!!!!!!!

green card being mailed, no more uscis til later!!!!!!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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