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Posted

Hi

I am about to submit my i130 i485 i765 i864 to adjust status, here i have some questions hope you may help me out. first, for the i864 document, my wife and i both students, and she works a cash job so we dont have enough income on the file, also i get support from my parents oversea it wont count it says that sponsor has to be us citizen or PR. but we have a very closed friend here can help us. So i am wondering that who actually gonna fill out the I864 in my case, my wife or my friend or they both need, another thing is the i864A what is that form for, do i need it. also please give me a little more details on this 864 if you know it, i know some people got denied because of this particular part. appreciate it

Posted

Hi

I am about to submit my i130 i485 i765 i864 to adjust status, here i have some questions hope you may help me out. first, for the i864 document, my wife and i both students, and she works a cash job so we dont have enough income on the file, also i get support from my parents oversea it wont count it says that sponsor has to be us citizen or PR. but we have a very closed friend here can help us. So i am wondering that who actually gonna fill out the I864 in my case, my wife or my friend or they both need, another thing is the i864A what is that form for, do i need it. also please give me a little more details on this 864 if you know it, i know some people got denied because of this particular part. your reply will be appreciated

Have a nice day

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

Reading the form instructions will help you to understand the requirements. You can find the form in the downloads section here on VJ or the USCIS website.

The US citizen petitioner always completes an affidaivt of support regardless of income. They need to supply all the needed documents and/or letters of explination (if the sponsor has not filed tax returns).

A co/joint sponsor would complete an affidavit of support as well and provided all needed documents.

Off Topic: Working a cash job doesn't mean that you do not need to file a tax return. USCIS isn't a tax collector so it won't impact your case.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Hi

I am about to submit my i130 i485 i765 i864 to adjust status, here i have some questions hope you may help me out. first, for the i864 document, my wife and i both students, and she works a cash job so we dont have enough income on the file, also i get support from my parents oversea it wont count it says that sponsor has to be us citizen or PR. but we have a very closed friend here can help us. So i am wondering that who actually gonna fill out the I864 in my case, my wife or my friend or they both need, another thing is the i864A what is that form for, do i need it. also please give me a little more details on this 864 if you know it, i know some people got denied because of this particular part. appreciate it

I assume your wife is the US citizen...

Your wife is the primary sponsor. The primary sponsor always submits an I-864. She'll need to include a copy of her tax return from last year, or an IRS transcript of that tax return. If she didn't file a tax return then she'll need to include a letter explaining why she wasn't required to file a tax return. Not having enough income is a legitimate reason not to file a tax return.

Your co-sponsor must be a US citizen or LPR, and must ALSO live in the United States. They will also file an I-864. They will also include a copy of their most recent tax return or an IRS transcript of that return, in addition to proof that they are either a US citizen (copy of birth certificate, passport, certificate of naturalization, etc.) or an LPR (copy of green card).

The I-864A is used when a household member living with the sponsor, or dependent of the sponsor, is willing to add their income to the income of the sponsor to help them qualify. The household member or dependent would sign an I-864A. A typical scenario is when the sponsor and immigrant spouse are living with the sponsor's parents - the sponsor's parents can sign an I-864A.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Filed: IR-5 Country: India
Timeline
Posted

I assume your wife is the US citizen...

Your wife is the primary sponsor. The primary sponsor always submits an I-864. She'll need to include a copy of her tax return from last year, or an IRS transcript of that tax return. If she didn't file a tax return then she'll need to include a letter explaining why she wasn't required to file a tax return. Not having enough income is a legitimate reason not to file a tax return.

Your co-sponsor must be a US citizen or LPR, and must ALSO live in the United States. They will also file an I-864. They will also include a copy of their most recent tax return or an IRS transcript of that return, in addition to proof that they are either a US citizen (copy of birth certificate, passport, certificate of naturalization, etc.) or an LPR (copy of green card).

The I-864A is used when a household member living with the sponsor, or dependent of the sponsor, is willing to add their income to the income of the sponsor to help them qualify. The household member or dependent would sign an I-864A. A typical scenario is when the sponsor and immigrant spouse are living with the sponsor's parents - the sponsor's parents can sign an I-864A.

:thumbs::thumbs:

IR-5 for Parents

02-28-14 -> I-130 sent to Chicago Lockbox.
03-03-14 -> USCIS received. (Priority Date)
03-09-14 -> NOA1 received.
06-04-14 -> NOA2 received. Approved.
06-18-14 -> NVC Received case.
07-03-14 -> NVC Assigned Case#(Got Case# & IIN Over the Phone).
07-22-14 -> DS-261 Completed.
07-25-14 -> AOS fee Payment.
07-29-14 -> AOS fee shows PAID.
07-30-14 -> AOS Package Sent.
07-31-14 -> AOS Package delivered.
09-15-14 -> IV fee Payment.

09-17-14 -> IV fee Shows PAID.

09-18-14 -> IV Package Sent.
09-20-14 -> IV Package Delivered.

10-20-14 -> Case Complete.

10-28-14 -> Case Complete Email Received.

Posted

first, Thank you so much guys really help a lot for me

now, another question is my wife have been file tax as an dependent to her mom(U.S. PR), and her mom's income is not reach 30,000. so i think she's not qualified to be sponsor. so in this case do we need mention her mom's income or assets on my wife's i864, or my wife can fill in she's unemployment and income is zero. and attach a paper explains she is student and not working.

i know it's little complicated, but we just want a easy way because my friend's income is sure enough to sponsor.

thank you

  • 2 weeks later...
Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

any co-sponser or joint sponser MUST submit another I-864 (or I-864A) - is no concept of 'adding in information' on the primary sponser's (yer wife's) I-864 that reflects any income from any other person.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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