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Filed: Country: Spain
Timeline
Posted

So I live with my parents while I'm in school and my husband will too when he comes until his school starts after which I will move with him. My parents do not claim me on their tax returns but have a joint tax return. I am in school and work two part time jobs so I don't make enough, but I did for the past 3 years. Do I file 864 or 864A for them?? Would sending both help?? All replies are greatly appreciated. Thanks

Started Talking: December 14, 2006
Met in Person: December 27, 2008
Got married : April 30, 2011

USCIS: (160 Days)
08/23/11 - I-130 Application filed and sent
08/25/11 - I-130 NOA1 Received
02/22/12 - I-130 NOA2 Received

NVC (77 days)
03/06/2012 - AOS Invoice Received with Choice Agent Form Sent
03/12/2012 - AOS Invoice: PAID and Choice Agent Form sent
03/19/2012 - AOS Package Sent
03/20/2012 - AOS Package Received by NVC
03/20/2012 - IV Invoice Received & Paid
3/23/2012 - AOS Checklist for Proof of Assets
3/24/2012 - Resent Checklist and AOS form
03/27/2012 - IV Package Sent
03/29/2012 - AOS approved
04/03/2012 - CASE COMPLETED!!! WOOHOOO - Waiting for Interview from Madrid
04/05/2012 - Interview date assigned -May 17, 2012 at 12:30 pm

U.S Embassy (28 days)
04/26/2012 - Medical checkup
05/17/2012 - Interview; Result:APPROVED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

05/23/2012 - Visa received
United States
07/19/2012 - Port of entry: Washington Dulles
07/27/2012 - SSN applied
08/07/2012 - SSN card received & Greencard Received

Removing Conditional Residency (294 days)

4/24/2014 - I-751 SENT

4/26/2014 - I-751 RECEIVED (Proof of Signature)

4/30/2014 - THREE YEAR ANNIVERSARY!!!

5/08/2014 - Check cashed

5/09/2014 - NO1 (One Year Extension Letter) Received

5/15/2014 - Bio letter received

6/05/2014 - Bio appointment date - COMPLETED

11/14/2014 - RFE Received

01/09/2015 - Response to RFE with 70 pages of proof :)

01/26/2015 - APPROVED FINALLY!!!!

02/11/2015 - 10 Year Card IN HAND! Woohoooooooooooooooooooooooo

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

So I live with my parents while I'm in school and my husband will too when he comes until his school starts after which I will move with him. My parents do not claim me on their tax returns but have a joint tax return. I am in school and work two part time jobs so I don't make enough, but I did for the past 3 years. Do I file 864 or 864A for them?? Would sending both help?? All replies are greatly appreciated. Thanks

You will fill out the I-864. One of your parents, like your father, can fill out their own I-864. You will not be counted in their household size, but your husband will. So, it will be your father, his wife, any other dependents they claim, plus your husband. If your father makes enough on his own to cover that household size with 125% or greater of the poverty level, then no one else needs to fill out anything. Doesn't matter if he files jointly with his wife. If your mom's income is also needed to go along with your father's to reach the 125% level, then your mother could fill out an I-864A and combine her income with his. http://www.uscis.gov/files/form/i-864p.pdf

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Filed: Country: Spain
Timeline
Posted

You will fill out the I-864. One of your parents, like your father, can fill out their own I-864. You will not be counted in their household size, but your husband will. So, it will be your father, his wife, any other dependents they claim, plus your husband. If your father makes enough on his own to cover that household size with 125% or greater of the poverty level, then no one else needs to fill out anything. Doesn't matter if he files jointly with his wife. If your mom's income is also needed to go along with your father's to reach the 125% level, then your mother could fill out an I-864A and combine her income with his. http://www.uscis.gov/files/form/i-864p.pdf

super helpful, thanks so much! they file jointly, but each one makes enough to be the joint sponsor, does that mean that each one has to provide the letters of employment and all the extra documentation?

Started Talking: December 14, 2006
Met in Person: December 27, 2008
Got married : April 30, 2011

USCIS: (160 Days)
08/23/11 - I-130 Application filed and sent
08/25/11 - I-130 NOA1 Received
02/22/12 - I-130 NOA2 Received

NVC (77 days)
03/06/2012 - AOS Invoice Received with Choice Agent Form Sent
03/12/2012 - AOS Invoice: PAID and Choice Agent Form sent
03/19/2012 - AOS Package Sent
03/20/2012 - AOS Package Received by NVC
03/20/2012 - IV Invoice Received & Paid
3/23/2012 - AOS Checklist for Proof of Assets
3/24/2012 - Resent Checklist and AOS form
03/27/2012 - IV Package Sent
03/29/2012 - AOS approved
04/03/2012 - CASE COMPLETED!!! WOOHOOO - Waiting for Interview from Madrid
04/05/2012 - Interview date assigned -May 17, 2012 at 12:30 pm

U.S Embassy (28 days)
04/26/2012 - Medical checkup
05/17/2012 - Interview; Result:APPROVED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

05/23/2012 - Visa received
United States
07/19/2012 - Port of entry: Washington Dulles
07/27/2012 - SSN applied
08/07/2012 - SSN card received & Greencard Received

Removing Conditional Residency (294 days)

4/24/2014 - I-751 SENT

4/26/2014 - I-751 RECEIVED (Proof of Signature)

4/30/2014 - THREE YEAR ANNIVERSARY!!!

5/08/2014 - Check cashed

5/09/2014 - NO1 (One Year Extension Letter) Received

5/15/2014 - Bio letter received

6/05/2014 - Bio appointment date - COMPLETED

11/14/2014 - RFE Received

01/09/2015 - Response to RFE with 70 pages of proof :)

01/26/2015 - APPROVED FINALLY!!!!

02/11/2015 - 10 Year Card IN HAND! Woohoooooooooooooooooooooooo

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

super helpful, thanks so much! they file jointly, but each one makes enough to be the joint sponsor, does that mean that each one has to provide the letters of employment and all the extra documentation?

If only one makes enough, then only one needs to fill out an I-864 and provide those things. If your mom or dad also filled out the I-864A to add their income together, then they would need to provide proof of income too. Since it sounds like you only need one to fill out the affidavit, then only that one will need to provide the documentation. Also, don't forget to add proof that the co-sponsor is a USC or LPR.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Filed: Country: Spain
Timeline
Posted

If only one makes enough, then only one needs to fill out an I-864 and provide those things. If your mom or dad also filled out the I-864A to add their income together, then they would need to provide proof of income too. Since it sounds like you only need one to fill out the affidavit, then only that one will need to provide the documentation. Also, don't forget to add proof that the co-sponsor is a USC or LPR.

great, i'll just send a photocopy of her passport as proof (first page). since it's not the I-864A just the I-864 joint sponsorship, do i have to show proof of relationship?

the checklist states "Verify that you meet the definition of a joint sponsor and NOT the definition of a household member." and that is what I'm also unclear about even after speaking with NVC, my parents do not claim me as a dependent, nor do they financially support me (except for free lodging).

thanks, you're answers are really clear and helpful!

Started Talking: December 14, 2006
Met in Person: December 27, 2008
Got married : April 30, 2011

USCIS: (160 Days)
08/23/11 - I-130 Application filed and sent
08/25/11 - I-130 NOA1 Received
02/22/12 - I-130 NOA2 Received

NVC (77 days)
03/06/2012 - AOS Invoice Received with Choice Agent Form Sent
03/12/2012 - AOS Invoice: PAID and Choice Agent Form sent
03/19/2012 - AOS Package Sent
03/20/2012 - AOS Package Received by NVC
03/20/2012 - IV Invoice Received & Paid
3/23/2012 - AOS Checklist for Proof of Assets
3/24/2012 - Resent Checklist and AOS form
03/27/2012 - IV Package Sent
03/29/2012 - AOS approved
04/03/2012 - CASE COMPLETED!!! WOOHOOO - Waiting for Interview from Madrid
04/05/2012 - Interview date assigned -May 17, 2012 at 12:30 pm

U.S Embassy (28 days)
04/26/2012 - Medical checkup
05/17/2012 - Interview; Result:APPROVED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

05/23/2012 - Visa received
United States
07/19/2012 - Port of entry: Washington Dulles
07/27/2012 - SSN applied
08/07/2012 - SSN card received & Greencard Received

Removing Conditional Residency (294 days)

4/24/2014 - I-751 SENT

4/26/2014 - I-751 RECEIVED (Proof of Signature)

4/30/2014 - THREE YEAR ANNIVERSARY!!!

5/08/2014 - Check cashed

5/09/2014 - NO1 (One Year Extension Letter) Received

5/15/2014 - Bio letter received

6/05/2014 - Bio appointment date - COMPLETED

11/14/2014 - RFE Received

01/09/2015 - Response to RFE with 70 pages of proof :)

01/26/2015 - APPROVED FINALLY!!!!

02/11/2015 - 10 Year Card IN HAND! Woohoooooooooooooooooooooooo

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

great, i'll just send a photocopy of her passport as proof (first page). since it's not the I-864A just the I-864 joint sponsorship, do i have to show proof of relationship?

the checklist states "Verify that you meet the definition of a joint sponsor and NOT the definition of a household member." and that is what I'm also unclear about even after speaking with NVC, my parents do not claim me as a dependent, nor do they financially support me (except for free lodging).

thanks, you're answers are really clear and helpful!

The bio page from the passport is perfect. No need to show relationship for the I-864. That would only be needed for the I-864A. You are not their dependent, so the I-864 is a good choice for her to use. She is a joint sponsor and not your household member. You don't need to send anything to prove that. The tax transcripts you both send show you are separate households that just happen to live at the same residence. You are good to go. Good luck!

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Filed: Country: Spain
Timeline
Posted

The bio page from the passport is perfect. No need to show relationship for the I-864. That would only be needed for the I-864A. You are not their dependent, so the I-864 is a good choice for her to use. She is a joint sponsor and not your household member. You don't need to send anything to prove that. The tax transcripts you both send show you are separate households that just happen to live at the same residence. You are good to go. Good luck!

wicked excited, thanks again!

Started Talking: December 14, 2006
Met in Person: December 27, 2008
Got married : April 30, 2011

USCIS: (160 Days)
08/23/11 - I-130 Application filed and sent
08/25/11 - I-130 NOA1 Received
02/22/12 - I-130 NOA2 Received

NVC (77 days)
03/06/2012 - AOS Invoice Received with Choice Agent Form Sent
03/12/2012 - AOS Invoice: PAID and Choice Agent Form sent
03/19/2012 - AOS Package Sent
03/20/2012 - AOS Package Received by NVC
03/20/2012 - IV Invoice Received & Paid
3/23/2012 - AOS Checklist for Proof of Assets
3/24/2012 - Resent Checklist and AOS form
03/27/2012 - IV Package Sent
03/29/2012 - AOS approved
04/03/2012 - CASE COMPLETED!!! WOOHOOO - Waiting for Interview from Madrid
04/05/2012 - Interview date assigned -May 17, 2012 at 12:30 pm

U.S Embassy (28 days)
04/26/2012 - Medical checkup
05/17/2012 - Interview; Result:APPROVED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

05/23/2012 - Visa received
United States
07/19/2012 - Port of entry: Washington Dulles
07/27/2012 - SSN applied
08/07/2012 - SSN card received & Greencard Received

Removing Conditional Residency (294 days)

4/24/2014 - I-751 SENT

4/26/2014 - I-751 RECEIVED (Proof of Signature)

4/30/2014 - THREE YEAR ANNIVERSARY!!!

5/08/2014 - Check cashed

5/09/2014 - NO1 (One Year Extension Letter) Received

5/15/2014 - Bio letter received

6/05/2014 - Bio appointment date - COMPLETED

11/14/2014 - RFE Received

01/09/2015 - Response to RFE with 70 pages of proof :)

01/26/2015 - APPROVED FINALLY!!!!

02/11/2015 - 10 Year Card IN HAND! Woohoooooooooooooooooooooooo

 
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