AOS

[PaulV 0]

I'm currently working through the paperwork for the Adjustment of Status and I have a few questions to ask.

1. I'm sending the I-765 and I-131. Going by the guide, I take it I have to supply 6 passport photos American sized?

2. For my I-864 I was planning on using my wifes step father as a co sponsor. My wife made $30,000 this year but hasn't the two years previous. Her step father is on permanent disability and has given me a letter from Washington states department of labor and industries. This letter states that he is on total permanent disability commencing in 2007 and receives x amount per month which equates to around over $40,000. (No dependants). He is therefore exempt from paying taxes and does not file tax returns. He has also filled out the affidavit of support which which includes the real estate he owns. What else do I need to provide in the absence of tax returns?

3. Can anyone in the greater Seattle area recommend a cheap civil surgeon to transcribe my vaccination records for my I-693. Have had my medical in London already, just need the vaccination records updated that I got after the medical.

Any help would be much appreciated.

[Inky 1,110]

Not a K-1 process procedure- moving to AOS forums.

[KayDeeCee 4,893]

I'm currently working through the paperwork for the Adjustment of Status and I have a few questions to ask.

1. I'm sending the I-765 and I-131. Going by the guide, I take it I have to supply 6 passport photos American sized?

2. For my I-864 I was planning on using my wifes step father as a co sponsor. My wife made $30,000 this year but hasn't the two years previous. Her step father is on permanent disability and has given me a letter from Washington states department of labor and industries. This letter states that he is on total permanent disability commencing in 2007 and receives x amount per month which equates to around over $40,000. (No dependants). He is therefore exempt from paying taxes and does not file tax returns. He has also filled out the affidavit of support which which includes the real estate he owns. What else do I need to provide in the absence of tax returns?

3. Can anyone in the greater Seattle area recommend a cheap civil surgeon to transcribe my vaccination records for my I-693. Have had my medical in London already, just need the vaccination records updated that I got after the medical.

Any help would be much appreciated.

1. Yes, 6 total.

2. If your wife currently makes enough for your household size, then she doesn't need a joint sponsor. She will provide a letter from her employer stating position and salary plus a few months worth of her most recent pay stubs. If someone has not filed previous taxes, or does not file because their income is not taxable, then they need to include a statement explaining why they were not legally required to file taxes. If you still use a joint sponsor, make sure they include proof of being a USC or LPR.

3. You can check the forum thread here (yes, it is very long): http://www.visajourney.com/forums/topic/231026-civil-surgeons-who-dont-rip-you-off/ and call around in your area to find one: https://egov.uscis.gov/crisgwi/go?action=offices.summary&OfficeLocator.office_type=CIV&OfficeLocator.statecode=WA

[PaulV 0]

So if she made enough income for the last tax year I shouldn't need a joint sponsor regardless of the two years before? She is also self employed. I have her w2s,1099's some pay stubs, a copy of her book contract and her 2011 and 2010 tax returns. What else would I need if self employed?

[VanessaTony 3,567]

1. So if she made enough income for the last tax year I shouldn't need a joint sponsor regardless of the two years before?

2. She is also self employed. I have her w2s,1099's some pay stubs, a copy of her book contract and her 2011 and 2010 tax returns. What else would I need if self employed?

1. Correct. The previous 2 years are just to show she complied with US tax law. As long as her CURRENT income is sufficient she doesn't need a cosponsor

2. Says in the instructions. Sorry but my answers would just be a quote of the instructions.

[KayDeeCee 4,893]

So if she made enough income for the last tax year I shouldn't need a joint sponsor regardless of the two years before? She is also self employed. I have her w2s,1099's some pay stubs, a copy of her book contract and her 2011 and 2010 tax returns. What else would I need if self employed?

No, her current income is what matters most. If she can now support you at the 125% of the poverty level or higher, then no need for the joint sponsor.

She would need to send in complete copies of her returns, including all schedules, attachments W-2s and or 1099s, OR get free tax return transcripts from the IRS. The rest of what you listed sounds good to send in with her tax transcripts.

[PaulV 0]

So I got an RFE last Friday stating that my wife's salary did not meet the 125% poverty requirements and that I require a co-sponsor. We thought we made enough but it seems USCIS will not take into account my wife's child support. I'm going to use my wifes step father as sponsor. As mentioned above I have a letter from the state showing that he receives $40,000 per year for permanent disability as he cannot work. I know I will also need a copy of his birth certificate as well. What else would I require from him bearing in mind he is exempt from filing tax returns?

[PaulV 0]

Also thank you for helping me with my other questions

[Harpa Timsah 13,258]

Are you sure the reason for not meeting the poverty line was due to child support? That letter is boilerplate, and the most common reason for "not 125%" is lack of proper supporting documentation, such as an incomplete tax return. Could you write the exact RFE here?

[PaulV 0]

It says Based on the documents sumbmitted with Form I-864, Affidavit of support, for the petitioner/sponsor, the income did not meet 125% (100% if military) of the federal poverty line for the petitioner/sponsor's household size.

Submit evidence of assets that meet the standards listed below or obtain joint sponsor.

Assets standards must equal the stated difference between the sponsor's household income and 125% (100% if military) of the federal poverty line.

My wife is self employed- with our i-864 I submitted last years full tax return, a copy of her book contract stating the amount she would receive in advance money, a copy of her contract with her online TA'ing job stating her position along with 6 of her most recent pay stubs, w-2 and 1099's, a summary of her bank statement which gave the amounts in our checking/savings accounts as of May 2012 and a copy of her court documents detailing child support payments. This would have been $30,000 in total but on her tax return it says $26,000 as the child support is not taxable which is why I thought it might be that.

Edited June 12, 2012 by PaulV

[PaulV 0]

Our family size if 4 with the poverty limit being $28,813

[KayDeeCee 4,893]

It says Based on the documents sumbmitted with Form I-864, Affidavit of support, for the petitioner/sponsor, the income did not meet 125% (100% if military) of the federal poverty line for the petitioner/sponsor's household size.

Submit evidence of assets that meet the standards listed below or obtain joint sponsor.

Assets standards must equal the stated difference between the sponsor's household income and 125% (100% if military) of the federal poverty line.

My wife is self employed- with our i-864 I submitted last years full tax return, a copy of her book contract stating the amount she would receive in advance money, a copy of her contract with her online TA'ing job stating her position along with 6 of her most recent pay stubs, w-2 and 1099's, a summary of her bank statement which gave the amounts in our checking/savings accounts as of May 2012 and a copy of her court documents detailing child support payments. This would have been $30,000 in total but on her tax return it says $26,000 as the child support is not taxable which is why I thought it might be that.

Since she is self-employed, they are probably just looking at what amount is on line 22 of her 2011 1040. That is the line they use to determine the 125% requirement for those that are self-employed. I am not sure why they would not accept the child support if she provided a court order, but what is done is done.

Have your joint sponsor fill out his own I-864, provide the letter from the state that says how much he receives a year, and any other forms he might receive from them, like at the end of the year, stating how much he received. Have him write a statement as to why he is not legally required to file taxes (because he receives non-taxable disability payments), and the copy of his birth certificate. If he is okay with it, he could also provide a few months of his most recent bank statements to show the disability payment amounts being deposited in his account. For #25 where he is to fill in the income from the last 3 years of tax returns, have him put N/A-NOT REQUIRED TO FILE.