I-864

[JinyAndJony 0]

I have been browsing thru the site and unfortunately cudn't get specific info that exactly relate to my situation.

I am married to a US Citizen. Our marriage was on 16th Nov 2009. We sent I-130 in March 2010 and NOA1 is 14March. We are expecting NOA2 in the next 2-3 weeks as per visajourney timelines.

Need some help with I864. Probably we got a problem there because my wife is still in college and she works part-time. Am not sure if her income suffice to sponsor me and her parents' income - am not sure if meet the criteria for co-sponsorship. Am well-settled in my native country with a good paying job, but unfortunately my income don't count, as i understand.

Now I think, my wife will need to consult an immigration lawyer or some one who is really well-informed of the requirements, and on what and what not can be treated as assets. Anybody who has already gone thru filing i864 can recommend any lawyer in chicago- schaumburg area? The lawyer should be a really good one with a proven record because we can't afford to waste money.

Also, I hope i-864 has to be sent after NOA2? Then the case moves to NVC who makes the final decision on approval/rejection of visa. Am i right abt it? Sorry, if it sounds like silly questions.

[BigSigh 12]

If you spend a ton of time reading all sorts of VJ (Visa Journey) posts, you won't need a lawyer. The I-864 does get filed during the NVC but the NVC doesn't have the final say on issuance of a visa. The consulate in India where you will be having an interview later on down the road has the final say on whether or not they will issue you a visa. Here is a link to the poverty guidelines:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73c63591ec04d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD or maybe:

http://www.uscis.gov/files/form/i-864p.pdf

For you wife to be eligible to sponsor you, she would need to make enough for 2 people or 18,212 per year. If you are going to have her parents sponsor you, your wife still needs to fill out an I-864 and then the next part depends on whether your wife lives with her parents or not. If she does, she will file her I-864 and then either one or both parents (depending on how they file their taxes) will need to file I-864A's. if she doesn't live with them, then they will file I-864's. The way that the household size is counted for the I-864 if her parent's sponsor you (regardless of if both are sponsoring you or just one parent) is: her mom, her dad, you, and any other dependents that her parent's list on their taxes. So assuming that they don't have any dependents listed on their taxes, the number would be 3. So they would need to make $22,887 per year. If you haven't read this guide yet, it will be helpful for the next step:

http://www.visajourney.com/wiki/index.php/LingChe_NVC_ShortCut

Like I said about the tax info and I-864's, it just depends on how much your wife makes and then if you need a co-sponsor what is the living situation and how the co-sponsors file their taxes. Many people have gone through this without a lawyer and have been just fine. Obviously it is up to you but this is quite doable with some study on here and asking around.

I wish you the best of luck on your journey. You should come join us in the March 2010 thread if you haven't already:

http://www.visajourney.com/forums/topic/247249-march-2010-cr1-filers/page__st__1080

I hope this information was helpful.

[pushbrk 12,884]

I have been browsing thru the site and unfortunately cudn't get specific info that exactly relate to my situation.

I am married to a US Citizen. Our marriage was on 16th Nov 2009. We sent I-130 in March 2010 and NOA1 is 14March. We are expecting NOA2 in the next 2-3 weeks as per visajourney timelines.

Need some help with I864. Probably we got a problem there because my wife is still in college and she works part-time. Am not sure if her income suffice to sponsor me and her parents' income - am not sure if meet the criteria for co-sponsorship. Am well-settled in my native country with a good paying job, but unfortunately my income don't count, as i understand.

Now I think, my wife will need to consult an immigration lawyer or some one who is really well-informed of the requirements, and on what and what not can be treated as assets. Anybody who has already gone thru filing i864 can recommend any lawyer in chicago- schaumburg area? The lawyer should be a really good one with a proven record because we can't afford to waste money.

Also, I hope i-864 has to be sent after NOA2? Then the case moves to NVC who makes the final decision on approval/rejection of visa. Am i right abt it? Sorry, if it sounds like silly questions.

You and your wife would start by downloading and carefully studying the I-864 instructions where each of your above questions are addressed. Unless your wife lives with her parents, it would be one, not both who act as the qualifying joint sponsor, so she would choose the one who has the qualifying income.

[JinyAndJony 0]

You and your wife would start by downloading and carefully studying the I-864 instructions where each of your above questions are addressed. Unless your wife lives with her parents, it would be one, not both who act as the qualifying joint sponsor, so she would choose the one who has the qualifying income.

Technically, my wife's current income do meet the minimum requirement. But as she has recently started working and that job is temporary, it do not meet reqmt to prove 3 years' history of earning. So its just not good enuf for sponsoring I guess.

So have to look at alternative way out, which is why I need assistance from a lawyer. I know, most of you here are as good or even better. But to look thru the specific details of this case and situation...

We already delayed in filing of 1-130 form and now, just want to avoid further delay..

Edited June 13, 2010 by JinyAndJony

[pushbrk 12,884]

Technically, my wife's current income do meet the minimum requirement. But as she has recently started working and that job is temporary, it do not meet reqmt to prove 3 years' history of earning and is just not good enuf for sponsoring I guess.

So have to look at alternative way out, which is why I need assistance from a lawyer. I know, most of you here are as good or even better. But to look thru the specific details of this case and situation...

We already delayed in filing of 1-130 form and now, just want to avoid further delay..

You didn't start by reading those instructions, did you? There IS no requirement that she prove 3 years' history of earning enough money. She simply discloses the history. If her job is temporary, she won't be able to provide an employer letter but she probably can evidence the income with pay stubs.

Don't "guess". Study and follow the instructions.

[Darnell 8,478]

time to read the instructions. Suggest Twice.

If you don't have the form in front of you - hey ! http://travel.state.gov/visa/immigrants/info/info_3730.html Now - please note - this one link needs to be CLICKED ON with a mouse, under your finger. Or a notebook touchpad. Then - once that new page loads, you'll need to DOWNLOAD even more documents, from clicking even more links. Many ppl refuse to click a link - but these links are safe, trust me.

Now, as to 'needing a lawyer'. Well, maybe. Maybe not. I'm a fan of reading. If you or your spouse are NOT fans of reading, then by all means, please pay an attorney to 'read it for you'. Seriously !

Whilst yer lass may not meet the 'taxed income' guidelines, she might meet the 'cash assets' guideline. You won't know until you read the instructions, apply her PARTICULARS to the equations, and evaluate her sponser-ability of your visa.

Good Luck, however it turns out !

[wendy&tamer 10]

Try not to take some of the comments on here as harsh as they sound...download the papers and fill them out exactly as they read...and then see where you stand on the I864. I hope it all works out for you and your wife. IMO, I think this entire journey has been great with the help of this site and really everyone tries to give you help. If you feel you need a lawyer then that is a personal decision, but I would look at the paperwork and see if you can fill in all the blanks yourself, "not to waste a lot of money" on someone else filling in the blanks. Keep on asking questions if you need help. Some times the "veterans" on here forget they were once like us and didnt understand the form the first 10 times they read it either...try to have patience and understanding that we are not pros

Best of luck on your journey.

[JinyAndJony 0]

Try not to take some of the comments on here as harsh as they sound...download the papers and fill them out exactly as they read...and then see where you stand on the I864. I hope it all works out for you and your wife. IMO, I think this entire journey has been great with the help of this site and really everyone tries to give you help. If you feel you need a lawyer then that is a personal decision, but I would look at the paperwork and see if you can fill in all the blanks yourself, "not to waste a lot of money" on someone else filling in the blanks. Keep on asking questions if you need help. Some times the "veterans" on here forget they were once like us and didnt understand the form the first 10 times they read it either...try to have patience and understanding that we are not pros

Best of luck on your journey.

Well its human nature, wendy. Perhaps, I will act so too if i was a veteran. thanks for getting into my shoes though

Main concern at the back of my mind is, i do not have info abt her parents income and its unpleasant to be asking all that. Leave alone, asking abt assets, mortgage or someth of that sort. I hoped perhaps a lawyer could look at the complete picture. My bro-in-law is married to a foreigner too who will soon need sponsorship too. So sitting in another country, away from wife..working full-time.. it seems a lil complicated to sort out myself.

But yea, if a lawyer as u say, is only going to do the reading job for me, or just fill up what is obvious..its useless. I will wait and watch, and face whatever comes then.

[wendy&tamer 10]

The paperwork seems very overwhelming at times. Sit and read it, put it down walk away and with a fresh mind..try it again. I have done all the paperwork with calling Tamer back and forth. I understand the frustation, I doubted my ability to get through the process but did it. I only encountered one RFE and it was for an original paper that they wanted. SO my thoughts to you is, sit and fill out everything using only your wifes info and then decide if you need a co-sponsor. Keep asking questions if you get stuck on anything. You wont know until you try.

[Darnell 8,478]

Ya, see, that 'co-sponser dialog' is gonna be one of the most intimate conversations that you'll get involved with, this year.

Don't discount it, ever.

Don't be PUSHY about it, either - but - if you understand the requirements from the link I gave you (you did read it, download, print, read more, yes? ) then

you'll he in a UNIQUE position to advise yer USC spouse about the I-864. Most USC spouse's handle the I-864 by reading it, not by listening to advice from foreign spoouse. So - you'll be in a UNIQUE position, if you totally understand the I-864, and are IN a position of knowledge acquisition to be USEFUL in advising yer wife, and then ... (gasp)...

actually advise yer wife.

IMO, it's up to her to listen to you, or not .

and up to her parents, ultimately, to decide what to do about the I-864, not you.

Good Luck ! Be a Reader !!! Become an Informed Advisor, today !

Edited June 14, 2010 by Darnell

[antoneya 9]

Even if you decide to go with a Lawyer, it is very HIGHLY recommend the you still read everything. How else would you know that lawyer is on track and doing his job?

Go to all the links that every one has recommended to you above already and PRINT them, than read it and as you read highlight and underline things, make some notation for yourself. As you do this you you will develop a list of very specific questions. Come back here and post them and than keep repeating the process until you got a good handle on things.

On a personal note: I had more notes and things underlined and highlighted on my I-864 form than on any of my textbooks back in college...lol!