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Filed: IR-1/CR-1 Visa Country: Vietnam
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Hi All,

I am confused about a couple parts of my i864 form. Namely, section 6. Sponsor's Income and Employment. I am a graduate student who is currently living on student loans. My grandmother will also be filling out an i864 form as a joint sponsor. There is no space to put down "student" so I marked the box "employed as" by putting "Graduate Student" and the name of my university as my employer. Is this correct?

For the financial part, do I count my student loans as income? Right now I'm leaning towards putting down zero income since loans are borrowed money and not income, is this right?

Also, I'm not sure if I need to also fill out an i864A in addition to the i864? I am petitioning for my wife who is the beneficiary (we were married in Vietnam less than 2 years ago) and are intending to get married again here in the US and put her on the track to citizenship.

Finally, I have not filled out a tax return for a couple years while I was abroad and had a low income (my accountant said that I didn't need to). So I guess I just complete the most recent tax return information that I have from a few years ago?

Any help is much appreciated! Thank You.

Greg and Tuyen

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Filed: Lift. Cond. (apr) Country: China
Timeline

Also, I'm not sure if I need to also fill out an i864A in addition to the i864?

No, that is not a form you will out.

Our journey:

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September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

Married is married. Having some sort of party/celebration in the US is great. But it will have zero impact on eligibility for US citizenship.

Read through the form I-864 instructions. They have a lot of great information. There you will see that if a sponsor was not required to file a tax return for any of the most recent 3 years they should submit an affidavit explaining such. (Page 8 of the form instructions)

Both you and your grandmother will be completing I-864s and including all required documentation. The I-864 FAQ link below in my signature may be helpful to you.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

Married is married. Having some sort of party/celebration in the US is great. But it will have zero impact on eligibility for US citizenship.

Read through the form I-864 instructions. They have a lot of great information. There you will see that if a sponsor was not required to file a tax return for any of the most recent 3 years they should submit an affidavit explaining such. (Page 8 of the form instructions)

Both you and your grandmother will be completing I-864s and including all required documentation. The I-864 FAQ link below in my signature may be helpful to you.

Thank you this is very helpful :)

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  • 3 weeks later...
Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

Thank you this is very helpful :)

Anh Map, quick question:

I noticed after sending my DS230 that the form expired on June 30th. It didn't seem to matter that our i864 form had expired but now I'm worried that this one may get rejected. However, it was the most recent one that I could find on their website at the time (a couple weeks ago). Do you think this is an issue?

Also, I was curious about how you went about changing your wife's surname (if you did so). Since all of my wife's documents have her maiden name including on her birth certificate and marriage papers, how do we go about legally changing her surname to mine? It seems like when we apply for her citizenship and passport in the US would be the appropriate time but then her documents wouldn't all match up it seems to me...? Thanks in advance for your answers!

Greg

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  • 4 weeks later...
Filed: AOS (apr) Country: Vietnam
Timeline

Anh Map, quick question:

I noticed after sending my DS230 that the form expired on June 30th. It didn't seem to matter that our i864 form had expired but now I'm worried that this one may get rejected. However, it was the most recent one that I could find on their website at the time (a couple weeks ago). Do you think this is an issue?

Also, I was curious about how you went about changing your wife's surname (if you did so). Since all of my wife's documents have her maiden name including on her birth certificate and marriage papers, how do we go about legally changing her surname to mine? It seems like when we apply for her citizenship and passport in the US would be the appropriate time but then her documents wouldn't all match up it seems to me...? Thanks in advance for your answers!

Greg

We changed my wifes surname after the wedding using the wedding license. Looking back I wish we had not as it is a pain having the passport in maiden name and the rest in married... if you decide to change it, it will be easier after she gets here than doing it in the initial visa stage IMO.

"Every one of us bears within himself the possibilty of all passions, all destinies of life in all its forms. Nothing human is foreign to us" - Edward G. Robinson.

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