AOS -zero income, residing abroad, joint sponsor

[celinayfran 2]

Hello Vjers!! It’s been a while!! After a smooth 1st part of the journey and a quick I-130 approval, we took a break from all the paperwork in order to accommodate our moving plans and now it’s time to get back at it. I have a few questions about the AOS process and your help would be greatly appreciated.

Situation: I (USC) have had had no income in the US for the last 3 tax years and therefore did not file. I will attach a tax exemption letter to the AOS packet explaining my situation. My US permanent residence is the same as my parents, although I have been temporarily residing in Argentina for over 4 years (reason for zero income). My husband and I will be living with my parents once we move to the US. My mother is the only joint sponsor and her income is enough to cover the household size (mom, dad, my husband and me).

I file I-864. Part 21. Do I count just myself and my husband in MY household? OR enter my parents on line G? We have the same principal address although technically we are not combining income or filing an I-864A.

As head of household and only joint sponsor my mother files I-864 as well. She does not claim me as a dependant on her taxes so what is the proper way for her to fill out part 21? Does she include me as dependent child anyways?

In addition to the tax exemption letter, is there any other specific document I need/is recommended to include in order to explain/justify not filing taxes for 3 years?

Thank you for your help.

[trojam227 18]

You would count only you and your husband.

Mom would count herself, her spouse, and sponsored immigrant (your husband) and anyone else she claims as a dependant.

(If she doesn't claim you, she doesn't include you.)

As far as residing abroad temporarily, this is what the instructions say:

B. You are living abroad temporarily. If you are not currently living in the United States, you must show that your trip abroad is temporary and that you have maintained your domicile in the United States. You can show this by providing proof of your voting record in the United States, proof of paying U.S. State or local taxes, proof of having property in the United States, proof of maintaining bank or investment accounts in the United States, or proof of having a permanent mailing address in the United States. Other proof could be evidence that you are a student studying abroad or that a foreign government has authorized a temporary stay.

[celinayfran 2]

You would count only you and your husband.

Mom would count herself, her spouse, and sponsored immigrant (your husband) and anyone else she claims as a dependant.

(If she doesn't claim you, she doesn't include you.)

As far as residing abroad temporarily, this is what the instructions say:

B. You are living abroad temporarily. If you are not currently living in the United States, you must show that your trip abroad is temporary and that you have maintained your domicile in the United States. You can show this by providing proof of your voting record in the United States, proof of paying U.S. State or local taxes, proof of having property in the United States, proof of maintaining bank or investment accounts in the United States, or proof of having a permanent mailing address in the United States. Other proof could be evidence that you are a student studying abroad or that a foreign government has authorized a temporary stay.

Thank you for your response.

I came to Argentina as a student in 2008 which is when I met my husband and I do have prooin the form of the acceptance letter from the foreign university and transcripts, Howeevr, I finished my degree abroad in Dec 2008. I also have proof of US domicile: US bank account, CCs, students loans being paid on a monthly basis and current US mailing address. I will inlcude this in the packet.

Thanks again!!!

[trojam227 18]

Sounds like you should be ok. They will likely be more concerned about your mom's AOS since she will be the one with all the income...it's all about money with this form. Best wishes on the rest of your journey!!

[celinayfran 2]

Sounds like you should be ok. They will likely be more concerned about your mom's AOS since she will be the one with all the income...it's all about money with this form. Best wishes on the rest of your journey!!

My mother has worked for the mental health dept for a CA state correctional facility for decades and her income is way more than the required income for a household of 3 so that should be fine. She also owns property but I dont think that is necessary to include. Thoughts? I was more concerned about my income situation and not filing taxes but we should be OK.

Best to cover all tracks in this process

Thanks again and best of luck with your interview in May!!!

[trojam227 18]

No don't bother including property if she exceeds fed pov level. More paperwork they don't need. Thank you for the well wishes but our case is more complicated than some and unfortunately won't have the fairy tale ending after interview...our journey will continue for another 6 mos or so. It's ok though, we have prepared for it. They say ignorance is bliss...I say not with immigration.