I-134 or I-864

[bandits wife 0]

Hi Everyone, hope you all are doing well!

Im going to be petioning from Canada to move back to the United States with my Canadian husband with who I've been married to for 8 1/2 years. I've got the I-130 filled out allready just getting documents together. My question is since I've been living in Canada for about 13 years and haven't worked in the U.S. I'm going to need a co-sponsor and my mother is more that willing to sponsor her son-in-law do I fill out the I-134 or I-864 and do I send it along with the I-130 and G-325A for both of us? I've also read somewhere that I need a long birth certificate from the state I was born in, in the United States is this true? I have a birth certificate allthough it's not in the best shape but readable and it has a seal on it, just wondering if that will do or should I contact a family member back home to get and send me a long birth certificate?

Thank you in advance for responding

[theunknown 5]

Hi Everyone, hope you all are doing well!

Im going to be petioning from Canada to move back to the United States with my Canadian husband with who I've been married to for 8 1/2 years. I've got the I-130 filled out allready just getting documents together. My question is since I've been living in Canada for about 13 years and haven't worked in the U.S. I'm going to need a co-sponsor and my mother is more that willing to sponsor her son-in-law do I fill out the I-134 or I-864 and do I send it along with the I-130 and G-325A for both of us? I've also read somewhere that I need a long birth certificate from the state I was born in, in the United States is this true? I have a birth certificate allthough it's not in the best shape but readable and it has a seal on it, just wondering if that will do or should I contact a family member back home to get and send me a long birth certificate?

Thank you in advance for responding

you need to fill in I-864 cuz u are married not a fiance visa I-134 for fiance visas. G-325a for both u yes and signed by both of u. birth certificate yes or anything else proves your U.S citizenship copy of your U.S passport will be just fine.

[grrrrreat 109]

Hi Everyone, hope you all are doing well!

Im going to be petioning from Canada to move back to the United States with my Canadian husband with who I've been married to for 8 1/2 years. I've got the I-130 filled out allready just getting documents together. My question is since I've been living in Canada for about 13 years and haven't worked in the U.S. I'm going to need a co-sponsor and my mother is more that willing to sponsor her son-in-law do I fill out the I-134 or I-864 and do I send it along with the I-130 and G-325A for both of us? I've also read somewhere that I need a long birth certificate from the state I was born in, in the United States is this true? I have a birth certificate allthough it's not in the best shape but readable and it has a seal on it, just wondering if that will do or should I contact a family member back home to get and send me a long birth certificate?

Thank you in advance for responding

You don't send in I-864 until the petition is approved and routed to the National Visa Center. Your mother fills out I-864. You also have to fill out I-864 as petitioner, even though you don't qualify to sponsor.

When your case reaches the NVC, you submit the I-864s and your husband submits a visa application.

If you have a valid U.S. passport, you can make a copy of ALL of the pages of that and use it in lieu of the birth certificate. If your certificate has a seal on it, I think it probably is in the form required by USCIS, but I'd use your passport to be safe.

If you haven't read the I-130 guide, read it here: http://www.visajourney.com/content/i130guide1

Edited May 7, 2012 by grrrrreat

[bandits wife 0]

Thank you both so very much! I have made copies of all of my pages of my passport but was going to also send copy of my birth certificate but no need to!! yeppie Would my mother send the I-864 from her residence in the U.S. or would it be better if she fills it out and mails it to me then I send it in? Im wondering so that I can get the form to her so that when they request it, it will be ready to go.

[Ryan H 3,812]

OP, read this wiki authored by Saylin; it outlines steps the steps for submitting documents to the NVC and it's specific to Canada.

[sheeshkabelle 153]

My question is since I've been living in Canada for about 13 years and haven't worked in the U.S. I'm going to need a co-sponsor and my mother is more that willing to sponsor her son-in-law do I fill out the I-134 or I-864 and do I send it along with the I-130 and G-325A for both of us?

You and your mother will fill out the I-864 when the time comes. You do not send it with the I-130 package.

Your AOS will be during the NVC stage after USCIS approves your petition.

Even though you haven't worked in the US for a long time, you should have still been filing US income taxes to report foreign income. If you have not done this, do it now! File for at least the past three years. You and your mother will need three years of US tax documents to file for the Affidavit of Support.

I've also read somewhere that I need a long birth certificate from the state I was born in, in the United States is this true?

You and your spouse will need long form birth certificates. You need to send either a photo copy of your long form birth certificate or a photo copy of your US passport bio page proving you are a US citizen. Your spouse will need their long form birth certificate during the NVC stage.

I have a birth certificate allthough it's not in the best shape but readable and it has a seal on it, just wondering if that will do or should I contact a family member back home to get and send me a long birth certificate?

As long as it is the 'long form' showing both your parents names and you can still feel the seal it should be fine. (mine isn't in the greatest of shape either) If you want a new one, the only people allowed to get your birth certificate is you, or your parents.

Would my mother send the I-864 from her residence in the U.S. or would it be better if she fills it out and mails it to me then I send it in?

The AOS package will be done electronically. You will email the documentation and forms to NVC. Have your mother fill out her I-864, sign it, scan it and email it to you. All the documents must be emailed together in one 'package'. After your mother emails you the copy, have her snail mail the original signed form, you will need it for interview.

The hardest part for you is going to be the wait, and proving US domicile at the interview.

Edited May 8, 2012 by sheeshkabelle

[paulstraker 0]

hi,

My wife is a US citizen and at present my wife and myself staying in South Korea. She is teaching here for last 2 .3 years. She makes $30000 per year and other than that she doesn’t have any savings or property because of her student loan which is 500$ a month (still paying). She didn’t file the tax return for 2009 (she did filed for 2010 and 2011) because she was unemployed and were a student at that time. One of our family friends is ready to help us with filing as joint sponsor. They got a house and a pension of 19500$ a year. My question is how we can file the i864EZ, i864 & i864a in this situation and are we stable to go forward and start filing the i864EZ, i864 & i864a ? Is it mandatory to file the tax return when unemployed or a student and get the transcripts to submit the embassy, as they asked for last 3 years ?

Thx

Paul

[sheeshkabelle 153]

My wife is a US citizen and at present my wife and myself staying in South Korea. She is teaching here for last 2 .3 years. She makes $30000 per year and other than that she doesn’t have any savings or property because of her student loan which is 500$ a month (still paying).

Her income in South Korea will not count towards your Affidavit of Support if the income will not continue from the same source after moving to the US. Her income for the I-864 would be $0.00

If she does not have any assets, then you will have to use your joint sponsor. Your wife will file the I-864 NOT the I-864ez because you will have a joint sponsor.

She didn’t file the tax return for 2009 (she did filed for 2010 and 2011) because she was unemployed and were a student at that time. Is it mandatory to file the tax return when unemployed or a student and get the transcripts to submit the embassy, as they asked for last 3 years ?

If the US citizen did not make any income for that tax year (2009) an income tax return did not need to be filed. Your wife will have to write a letter explaining why she did not file a tax return for that year.

The most recent year of tax return information is the only requirement. BUT it is highly suggested to supply all three years of tax documents to show a work/earning history.

One of our family friends is ready to help us with filing as joint sponsor. They got a house and a pension of 19500$ a year. My question is how we can file the i864EZ, i864 & i864a in this situation and are we stable to go forward and start filing the i864EZ, i864 & i864a ?

The pension is well above the poverty level guidelines, unless there is 20 people living in the same home. The house will not have to be counted for an asset.

Your wife fills out the I-864 and submits her tax documents and letter of return exemption for 2009.

Your joint sponsor fills out the I-864 and sumits their tax documents, and proof of their pension payments.

IF the joint sponsor files a joint tax return with their spouse and they are including their spouses income on their I-864, then the spouse fills out and signs the I-864a.

[bandits wife 0]

My question is since I've been living in Canada for about 13 years and haven't worked in the U.S. I'm going to need a co-sponsor and my mother is more that willing to sponsor her son-in-law do I fill out the I-134 or I-864 and do I send it along with the I-130 and G-325A for both of us?

You and your mother will fill out the I-864 when the time comes. You do not send it with the I-130 package.

Your AOS will be during the NVC stage after USCIS approves your petition.

Even though you haven't worked in the US for a long time, you should have still been filing US income taxes to report foreign income. If you have not done this, do it now! File for at least the past three years. You and your mother will need three years of US tax documents to file for the Affidavit of Support.

I've also read somewhere that I need a long birth certificate from the state I was born in, in the United States is this true?

You and your spouse will need long form birth certificates. You need to send either a photo copy of your long form birth certificate or a photo copy of your US passport bio page proving you are a US citizen. Your spouse will need their long form birth certificate during the NVC stage.

I have a birth certificate allthough it's not in the best shape but readable and it has a seal on it, just wondering if that will do or should I contact a family member back home to get and send me a long birth certificate?

As long as it is the 'long form' showing both your parents names and you can still feel the seal it should be fine. (mine isn't in the greatest of shape either) If you want a new one, the only people allowed to get your birth certificate is you, or your parents.

Would my mother send the I-864 from her residence in the U.S. or would it be better if she fills it out and mails it to me then I send it in?

The AOS package will be done electronically. You will email the documentation and forms to NVC. Have your mother fill out her I-864, sign it, scan it and email it to you. All the documents must be emailed together in one 'package'. After your mother emails you the copy, have her snail mail the original signed form, you will need it for interview.

The hardest part for you is going to be the wait, and proving US domicile at the interview.

[bandits wife 0]

Thank you so much, I now have a few other questions. I have to file U.S. income tax? do I do this in Canada? I havent worked here either as Im a housewife! I've have been filing Canadian income tax. Im also a little confussed about the abbreviations does AOS= Adjustment of status or Affidavit of support? and what does NVC stand for? Can you explain in lay terms what US domicile is. I just want to go back home to the States with my husband of many years, I love Canada but theres just no place like home!

Thank you again for your reply and I await your response

[sheeshkabelle 153]

Thank you so much, I now have a few other questions. I have to file U.S. income tax? do I do this in Canada? I havent worked here either as Im a housewife! I've have been filing Canadian income tax. Im also a little confussed about the abbreviations does AOS= Adjustment of status or Affidavit of support? and what does NVC stand for? Can you explain in lay terms what US domicile is. I just want to go back home to the States with my husband of many years, I love Canada but theres just no place like home!

Thank you again for your reply and I await your response

If you haven't worked. No problem, you can't file taxes on income you didn't make. Just write a letter with your AOS package explaining you didn't file taxes because you do not work. (I know you work being a housewife!lol)

AOS is interchangeable here, when talking about the I-864 we abbreviate it the same.

NVC is the National Visa Center. Once your petition is approved it will go there and be assigned a case number, yours will start with MTL then have numbers afterwards. You then send them more paperwork and more money. After you have sent in everything they will assign you an interview date in Montreal.

It's taken us a year from our filing of the I-130 to get to an interview date. Our is a rare exception, and it will not take you that long. Because you are filing from Canada your I-130 MAY be approved faster. (I've seen over seas filings as fast as three weeks)

[grrrrreat 109]

My question is since I've been living in Canada for about 13 years and haven't worked in the U.S. I'm going to need a co-sponsor and my mother is more that willing to sponsor her son-in-law do I fill out the I-134 or I-864 and do I send it along with the I-130 and G-325A for both of us?

You and your mother will fill out the I-864 when the time comes. You do not send it with the I-130 package.

Your AOS will be during the NVC stage after USCIS approves your petition.

Even though you haven't worked in the US for a long time, you should have still been filing US income taxes to report foreign income. If you have not done this, do it now! File for at least the past three years. You and your mother will need three years of US tax documents to file for the Affidavit of Support.

I've also read somewhere that I need a long birth certificate from the state I was born in, in the United States is this true?

You and your spouse will need long form birth certificates. You need to send either a photo copy of your long form birth certificate or a photo copy of your US passport bio page proving you are a US citizen. Your spouse will need their long form birth certificate during the NVC stage.

I have a birth certificate allthough it's not in the best shape but readable and it has a seal on it, just wondering if that will do or should I contact a family member back home to get and send me a long birth certificate?

As long as it is the 'long form' showing both your parents names and you can still feel the seal it should be fine. (mine isn't in the greatest of shape either) If you want a new one, the only people allowed to get your birth certificate is you, or your parents.

Would my mother send the I-864 from her residence in the U.S. or would it be better if she fills it out and mails it to me then I send it in?

The AOS package will be done electronically. You will email the documentation and forms to NVC. Have your mother fill out her I-864, sign it, scan it and email it to you. All the documents must be emailed together in one 'package'. After your mother emails you the copy, have her snail mail the original signed form, you will need it for interview.

The hardest part for you is going to be the wait, and proving US domicile at the interview.

Actually they need a copy of every page of the U.S. passport to prove U.S. citizenship.

[sheeshkabelle 153]

Actually they need a copy of every page of the U.S. passport to prove U.S. citizenship.

No, the bio page works just fine. That's all I sent.

[bandits wife 0]

Thanks again, I made a copy of every page of my passport even though all pages are empty with the exception of signature, bio page, address and emergency contact pages. I was wondering if I should send a copy of my permanent resident card from Canada also? I guess I won't hurt? Ok call me dumb ( DONT YOU DARE!! lol) Im still unclear what the heck AOS stands for and what in the world is US domicile? Im not real happy about having to go all the way to Montreal for his interview, Toronto would be so much closer!! But it is what it is!! So now I dont have to file US taxes? Just send a letter when the time comes along with the Affidavit of Support saying I havent worked and Im a housewife (REALLY HARD WORK!! lol) My mother will however have her tax returns and will send them along with her Affidavit of support? Sorry I dont mean to be a pain in the bum, im just so confused with the whole process and want to get all my ducks in a row and right!!

Thanks again so very much

Mrs. CONFUSED

[sheeshkabelle 153]

Thanks again, I made a copy of every page of my passport even though all pages are empty with the exception of signature, bio page, address and emergency contact pages. I was wondering if I should send a copy of my permanent resident card from Canada also? I guess I won't hurt? Ok call me dumb ( DONT YOU DARE!! lol)

It wouldn't hurt at all, infact that's more proof you are filing from abroad. I wouldn't think of saying your dumb! Just overwhelmed.

Im still unclear what the heck AOS stands for and what in the world is US domicile?

For the purpose of NVC and filing the I-864, AOS is Affidavit of Support and the AOS package is the documents and forms for the I-864.

For the purpose of K-1 and K-3 visa holders, or others adjusting to a green card from another visa, AOS means Adjustment of Status.

US Domicile is giong to have to be proven. It means you're going to have to prove where in the US you plan to live if your husband is issued the IR-1 visa and green card. Your mother can write a letter that you'll be living with her until you find a job and a place to live. It can be anything proving you and your family will be moving to the US permanently. With out this, your husband will not be issued a visa.

Im not real happy about having to go all the way to Montreal for his interview, Toronto would be so much closer!! But it is what it is!! So now I dont have to file US taxes? Just send a letter when the time comes along with the Affidavit of Support saying I havent worked and Im a housewife (REALLY HARD WORK!! lol) My mother will however have her tax returns and will send them along with her Affidavit of support?

Since you did not have a job, you do not have to file US tax returns, as I said before when you send in the AOS (Affidavit of Support) package you'll send a letter explainging why you did not file.

Make sure you mother makes above 125% of poverty level for her house hold, including the intending immigrant.

Sorry I dont mean to be a pain in the bum, im just so confused with the whole process and want to get all my ducks in a row and right!!

Thanks again so very much

Mrs. CONFUSED

Another thing I wanted to mention, IF you have children, your children are eligible for US citizenship and will not need a visa interview. Do you have CRBA's (Consular Report of Birth Abroad)or US birth certificates and US passports?

If they ere born in CAnada they will need a CRBA and a US passport to move to the US. If born in the US their regular birth certificate will work to get them a US passport.