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goldman

I-864 - who's should fill this out

By goldman in Adjustment of Status from Work, Student, & Tourist Visas

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goldman Rookie

goldman   0

Posted
Filed: Citizen (apr) Country: China
 Timeline
Posted

this is my last form that i need to fill out to complete my I-485 package. and it is very confusing for me. i've been reading all over the internet and im getting conflicting information.

my question is who fills this form? me or my wife?

My wife is the US citizen and we got married. she didn't work for the entire year of 2011. But I worked in 2011 in the US so my income is above the poverty line of 125% under 2 dependent.

So..can someone with experience or expertise please help me out. Do I need to fill out just I-864 by myself or my wife has to fill out the I-864A with me or vice versa?..

i really appreciate it

Adjusting from F1 student - greencard

12/16/2011- Married

03/15/2012- Finalizing AOS package I-130 and I-485.

03/16/2012- Prepare to mail to USCIS

06/12/2012- Received GC

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NancyNguyen Experienced

NancyNguyen   1,657

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Filed: Citizen (apr) Country: Vietnam (no flag)
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Posted

You cannot self sponsor, she needs to file a I-864 even though she has no income.

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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Camo Enthusiast

Camo   5

Posted
Filed: Lift. Cond. (apr) Country: Nigeria
 Timeline
Posted

I-485 is filled out by the intending immigrant = You while your wife, USC/petitioner does the 864

For the other question, I cant fully answer that since im not positive with the answer.


F-1 to LPR
Day 0 - 03/31/2012 - Package (concurrent I-{130/AOS/AP/EAD} ) sent to Chicago with USPS
Day 1 - 04/02/2012 - Delivered!!!
Day 5 - 04/06/2012 - "Acceptance confirmation received for entire forms & routed to NBC" was sent via email.
Day 10 - 04/11/2012 - NOA for I-{130/AOS/AP/EAD} Received.
Day 15 - 04/16/2012 - NOA for Biometrics appointment Received. {Scheduled for 05/08/12}
Day 37 - 05/08/2012 - Biometrics app completed.
Day 44 - 05/15/2012 - Interview date schedule @ Dallas/Irving TX..
Day 54 - 05/25/2012 - EAD/AP production Notification.
Day 75 - 06/15/2012 - Interview'd with NO approval. 1 hr Post-interview: Received I-485/Card production email.
Day 78 - 06/18/2012 - 2nd emails {I-485/Decision/Register PR and I-130/Post-Decision} Received.
Day 81 - 06/21/2012 - Received {email of Card mailed out} and 2 Hardcopies {I-485 & I-131 approval}
Day 83 - 06/23/2012 - GC touched down. 10x Mailman.

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aleful Veteran

aleful   1,905

Posted
Filed: Citizen (apr) Country: Argentina
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Posted

this is my last form that i need to fill out to complete my I-485 package. and it is very confusing for me. i've been reading all over the internet and im getting conflicting information.

my question is who fills this form? me or my wife?

My wife is the US citizen and we got married. she didn't work for the entire year of 2011. But I worked in 2011 in the US so my income is above the poverty line of 125% under 2 dependent.

So..can someone with experience or expertise please help me out. Do I need to fill out just I-864 by myself or my wife has to fill out the I-864A with me or vice versa?..

i really appreciate it

she is your sponsor, she must file an i864 even though se made $0 income. she will also need a joint sponsor. you cannot sponsor yourself.

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Harpa Timsah Grand Master

Harpa Timsah   13,258

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Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted (edited)

You can "sponsor" yourself basically. If you legally worked in the US and are currently working, and your income will continue from the same source after you get your GC, then you can add you income to your wife's I-864. She is primary sponsor no matter what: she fills out I-864 and adds your income there as her spouse and only intending immigrant. You do not need any I-864A. All of this is clearly laid out in the instructions.

If you filled in your profile people would be able to give better advice. Good luck.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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goldman Rookie

goldman   0

Posted
Filed: Citizen (apr) Country: China
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Posted

You can "sponsor" yourself basically. If you legally worked in the US and are currently working, and your income will continue from the same source after you get your GC, then you can add you income to your wife's I-864. She is primary sponsor no matter what: she fills out I-864 and adds your income there as her spouse and only intending immigrant. You do not need any I-864A. All of this is clearly laid out in the instructions.

If you filled in your profile people would be able to give better advice. Good luck.

Does everyone agree on the statement above? where i can "sponsor" myself and put my income towards my wife's I-864?

I just finished my 2011 taxes last week and I filed as joint tax with my wife, although she didn't have any income. If the above statement is true where i can sponsor myself, so only my wife fills out the I-864 and put my income on there? Does this really work? Has anyone done it before? this will save us a lot of trouble of finding us a joint sponsor as we don't have any immediate relatives that can sponsor us above the poverty line.

thanks,

Adjusting from F1 student - greencard

12/16/2011- Married

03/15/2012- Finalizing AOS package I-130 and I-485.

03/16/2012- Prepare to mail to USCIS

06/12/2012- Received GC

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Little_My Proficient

Little_My   464

Posted
Filed: Lift. Cond. (pnd) Country: Finland
 Timeline
Posted (edited)

Anyone who has read the instructions for the form will agree with this statement. You would too - had you read the instructions properly. There is a whole section in the instructions titled: Can the Intending Immigrant Help Me Meet the Income Requirements?

What Harpa said is 100% correct. If you have been earning income lawfully in the US from authorized employment and you can prove that the income will continue from that same source, you can use it to meet the minimum income requirement.

Edited by Little_My

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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goldman Rookie

goldman   0

Posted
Filed: Citizen (apr) Country: China
 Timeline
  • Author
Posted

Thank you for your feedback.

If I provide my paycheck statements will that be sufficient as a proof of my continuing employment? Second,I must proof that I live with my wife (sponsor). Could our apartment lease, bank statements, utility bills be sufficient?

If everything goes well, i think i can mail my package tomorrow.

thanks,

Adjusting from F1 student - greencard

12/16/2011- Married

03/15/2012- Finalizing AOS package I-130 and I-485.

03/16/2012- Prepare to mail to USCIS

06/12/2012- Received GC

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Darnell Grand Master

Darnell   8,478

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

pardon, how do you have taxable income being in the USA on a student visa?

Something smells.

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.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

pardon, how do you have taxable income being in the USA on a student visa?

Something smells.

OPT?

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Darnell Grand Master

Darnell   8,478

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

OPT covers 6 months. He's talking about continual income, outside of his OPT period.

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.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

OPT covers 6 months. He's talking about continual income, outside of his OPT period.

I think OPT is a year. But, good questions. He didn't have his profile filled out before.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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goldman Rookie

goldman   0

Posted
Filed: Citizen (apr) Country: China
 Timeline
  • Author
Posted

yes i was OPT and my employer sponsored my H1B visa..

Adjusting from F1 student - greencard

12/16/2011- Married

03/15/2012- Finalizing AOS package I-130 and I-485.

03/16/2012- Prepare to mail to USCIS

06/12/2012- Received GC

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