A.O.S questions

[rustyrra 0]

Hey sorry i didnt know where to put this so if its in the wrong place please inform me of where to go with it. I got my k1 visa for my wife and now were married now its time for another wall of paper work yay ok 3 questions to kick it off

1. What is the I-94

2.I-131, I am currently trying to become a boader patrol agent and if i do get accepted she is plannin on goin home while im in training now the issue is is there amount of time she can be out of the states and i dont know forsure or if i will go to training how should i work that?

3. i-184- I didnt use a co sponsor to get her here and there was no issue with the amount of money i make but is there a possiblity that i dont make enough (tried to look on uscis and it had a error on the page) can anyone help with this

AND I WOULD LOVE TO THANK EVERYONE WHO HELPED ME OUT LAST TIME IT WENT FLAWLESS THE WHOLE THING WAS GREAT

[canadian_wife 1,829]

The I-94 is stapled into your wife's passport. It is her arrival/departure record and is needed for a K-1. If she doesn't have one, you need to fix that

She can leave the US at any time, she cannot, however, return without the proper docuemntation which is filed with the adjustment of status paperwork. She shouldn't be out of the US longer than 6 months or she'll need a re-entry permit

If there is a possibility you don't make enough money, you'll need a cosponsor

Good luck

[Darnell 8,479]

*** moving to AOS forum ***

[wellingtonboot 1]

I'm actually going through the affidavit (AOS) I-184 with my wife, they are quite complicated if you really start looking in to them, of course some members think that it’s a breeze! I noticed you said you don't think you earn enough, my wife doesn't either which is why she is using her mother combined to prop up the AFF, you can also use other things like assets for example, I would suggest to you that a member of your family could help and put them on the I-864a and that hopefully will take you up over the minimum poverty line of say 16.000 dollar.

If you have downloaded the form, the first lot of pages do give a lot of help, it does say you can use a member of your family/relative, it doesn't have to be a household member.

Plenty of links out there on this subject too, start punching Google like mad for answers.

[VanessaTony 3,567]

I'm actually going through the affidavit (AOS) I-184 with my wife, they are quite complicated if you really start looking in to them, of course some members think that it’s a breeze! I noticed you said you don't think you earn enough, my wife doesn't either which is why she is using her mother combined to prop up the AFF, you can also use other things like assets for example, I would suggest to you that a member of your family could help and put them on the I-864a and that hopefully will take you up over the minimum poverty line of say 16.000 dollar.

If you have downloaded the form, the first lot of pages do give a lot of help, it does say you can use a member of your family/relative, it doesn't have to be a household member.

Plenty of links out there on this subject too, start punching Google like mad for answers.

I thought I should make sure the OP is aware that only a household member completes the I-864A, a friend/relative can also help out but if they do not live with you, they will complete an entire I-864 themselves, as WELL as the primary sponsor.

If you need help with the I-864 please feel free to ask. It's actually really simple, just worded confusingly, not to mention the high-stress of the situation can have you reading into it more than you should. Also have a look at the example forms, they should put you on the right track

[wellingtonboot 1]

I see where you're coming from but I was actually saying that under the section of income you CAN use a family member/relitive to increase your salary to meet the poverty guidelines, it is quite clear in both the instructions and the forms filling section. I would like to correct you, it DOES NOT have to be a household member when it comes to the support of income, by reading the instructions set in this quoted paragraph

You may use the income of your spouse and/or any otherrelatives living in your residence if they are willing to bejointly responsible with you for the intending immigrant(s)you are sponsoring. If you have any unrelated dependentslisted on your income tax return you may include their incomeregardless of where they reside.

How Can My Relatives and DependentsHelp Me Meet the Income Requirements?

Your household size includes yourself and the followingindividuals, no matter where they live: any spouse, anydependent children under the age of 21, any other dependentslisted on your most recent Federal income tax return, allpersons being sponsored in this affidavit of support, and anyimmigrants previously sponsored with a Form I-864 or FormI-864 EZ affidavit of support whom you are still obligated tosupport. If necessary to meet the income requirements to be asponsor, you may include additional relatives (adult children,parents, or siblings) as part of your household size as long asthey have the same principle residence as you and promise touse their income and resources in support of the intendingimmigrant(s).

If it is that simple then how did you get it so wrong?

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

Edited September 13, 2010 by crossedeyed

[VanessaTony 3,567]

I see where you're coming from but I was actually saying that under the section of income you CAN use a family member/relitive to increase your salary to meet the poverty guidelines, it is quite clear in both the instructions and the forms filling section. I would like to correct you, it DOES NOT have to be a household member when it comes to the support of income, by reading the instructions set in this quoted paragraph

"You may use the income of your spouse and/or any other relatives living in your residence if they are willing to be jointly responsible with you for the intending immigrant(s)you are sponsoring. If you have any unrelated dependents listed on your income tax return you may include their income regardless of where they reside.

How Can My Relatives and Dependents Help Me Meet the Income Requirements?

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or FormI-864 EZ affidavit of support whom you are still obligated to support. If necessary to meet the income requirements to be a sponsor, you may include additional relatives (adult children,parents, or siblings) as part of your household size as long as they have the same principle residence as you and promise to use their income and resources in support of the intending immigrant(s). Your post refers directly to people living in the same residence as you. This implies that you can ONLY use a household member to assist you, but that is ONLY if they use the I-864A, if they use the I-864 the same restrictions on residence do not apply.

If it is that simple then how did you get it so wrong?

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

I assume you refer to me, however i'm confused because your post has nothing to do with my post...

I never said it HAD to be a household member that supports you, I said a household member completes the I-864A, a non-household member completes an I-864. I think this is where you're confused so I will use text editing to help you. (I have also edited your post to highlight the relevant posts related to MY post)

- An I-864A (please take note of the "A") is for household members. This means the person must be living with you in order to complete the I-864A.

- An I-864 (no "A") is completed by ANY OTHER PERSON, such as friend/relative who does not live with you. The primary sponsor must ALSO complete an I-864, even if their income is not sufficient.

So, for instance, you're the USC, you don't make enough money so you ask your mum who's living with you (or you her, same thing) to help you out. Because she lives with you she would complete an I-864A.

If you ask your mum but she DOESN'T live with you, then she complete an I-864.

If you ask your mumm but she ALONE doesn't make enough, she can ask her husband/household member to complete an I-864A as WELL as her completing the I-864.

In all cases you, as the USC would complete an I-864 yourself and attach the supporting documents (tax documents etc) as if you DID meet the requirements, otherwise you will get an RFE.

I hope this helps clear your confusion.

**Edit - I now see why you're confused. Your above post has cut out VERY important information and you're using the wrong paragraphs to try and make your point. I see now you're trying to use "how do I count household size" but this doesn't make any sense for the point you're trying to make. Please read page 2 of the I-864, specifically "What if I cannot meet the income requirements" as well as the 2 next questions and their answers "How can my relatives help me..." and "How can the intending immigrant...".

Edited September 13, 2010 by Vanessa&Tony

[VanessaTony 3,567]

I'm actually going through the affidavit (AOS) I-184 with my wife, they are quite complicated if you really start looking in to them, of course some members think that it’s a breeze! I noticed you said you don't think you earn enough, my wife doesn't either which is why she is using her mother combined to prop up the AFF, you can also use other things like assets for example, I would suggest to you that a member of your family could help and put them on the I-864a and that hopefully will take you up over the minimum poverty line of say 16.000 dollar.

Also just to correct you, the poverty line for a 2 person household isn't calculated at 100%, it's 125% of the current poverty line which is $18,212... that's not for all states though. See the I-864P for full poverty line requirements.

[GJen 9]

how come if someone was able to meet the poverty guideline to apply for a K1 .. now cant do it for the AOS? isnt those guidelines the same? the 125%? my now fiance makes 22.800 dollars per year.. will she have to make more when we file for AOS? its just the two of us!...

[William33 110]

One post removed due to Terms of Service violation.

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[marriedtomrg 141]

GJen, the poverty guidelines are re-computed every year. For 2010:

in the 48 Contiguous States, the District of Columbia, Puerto Rico,the U.S. Virgin Islands, and Guam:

125% of the poverty line for a family of 2 is $16,500

in Alaska:

125% of the poverty line for a family of 2 is $20,625

in Hawaii:

125% of the poverty line for a family of 2 is $18,975

So regardless of where you live, your fiancee's income should qualify, since her income is greater than 125% of the poeverty level.

how come if someone was able to meet the poverty guideline to apply for a K1 .. now cant do it for the AOS? isnt those guidelines the same? the 125%? my now fiance makes 22.800 dollars per year.. will she have to make more when we file for AOS? its just the two of us!...

[Harpa Timsah 13,258]

how come if someone was able to meet the poverty guideline to apply for a K1 .. now cant do it for the AOS? isnt those guidelines the same? the 125%? my now fiance makes 22.800 dollars per year.. will she have to make more when we file for AOS? its just the two of us!...

Gjen, the 125% is actually $18,212, but either way, you're good to go.

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

[VanessaTony 3,567]

GJen, the poverty guidelines are re-computed every year. For 2010:

in the 48 Contiguous States, the District of Columbia, Puerto Rico,the U.S. Virgin Islands, and Guam:

125% of the poverty line for a family of 2 is $16,500

in Alaska:

125% of the poverty line for a family of 2 is $20,625

in Hawaii:

125% of the poverty line for a family of 2 is $18,975

So regardless of where you live, your fiancee's income should qualify, since her income is greater than 125% of the poeverty level.

You are right that they're re-computed every year but the figures that USCIS use are found on the I-864P as someone linked above. Your figures are quite different (and wrong for the immigration process) but I am curious, where did you get them?

[marriedtomrg 141]

Yikes..when I did the search the 2006 guidelines popped up. My bad.

GJen, the poverty guidelines are re-computed every year. For 2010:

in the 48 Contiguous States, the District of Columbia, Puerto Rico,the U.S. Virgin Islands, and Guam: 125% of the poverty line for a family of 2 is $18,212.

in Alaska: 125% of the poverty line for a family of 2 is $22,762.

in Hawaii: 125% of the poverty line for a family of 2 is $20,950

So unless you live in either Alaska or Hawaii, your fiancee's income should qualify, since her income is greater than 125% of the poverty level.

You are right that they're re-computed every year but the figures that USCIS use are found on the I-864P as someone linked above. Your figures are quite different (and wrong for the immigration process) but I am curious, where did you get them?

Edited September 13, 2010 by marriedtomrg