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Jilly30

Extremely confusing I-864 question

By Jilly30 in IR-1 / CR-1 Spouse Visa Process & Procedures

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Jilly30   16

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Filed: IR-1/CR-1 Visa Country: India
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I was reading through the directions for the I-864 so that I can figure it all out before I even begin to put pen to paper. Here is the situation & the problem:

I am the Petitioner (USC filing for alien spouse), I filed in the US, but am now on a temporary visa in India while we wait for the whole process to finish. Domicile is what immediately pops into everyone's head. Prior to leaving for India my legal permanent residence was my parents' home as I have been working on cruise ships for 2 years and no point in maintaining a personal apartment when your gone 9 months out of the year. Upon our return to the US we will also reside with my family for about a year since that is also my legal residence.

HOWEVER, my parents have not claimed me in their household size in about a decade as I have been (until the past 2years) living on my own. Even after moving back in with them, they never claimed me as I filed my own taxes as an individual.

Since I am in India I cannot work here and am not maintaining any sort of job in the US, therefore I have no income. I know I have to complete the I-864 anyway, but THE QUESTION: what category do my parents fall into for helping to support? I-864a or just I-864? They ARE living in my residence (or rather we in their residence), but they are not part of my financial household as deemed by the IRS for tax purposes. And I was not planning on including them in the size of my household on the I-864 either.

Its just the shared residence thing thats really confusing me. I'm thinking they would just file as a joint sponsor with a I-864. For sure there is no question whether or not their income meets the requirements. I am planning to work upon arrival in the US, but currently have no income.

Thanks in advance for any insights and advice! :-)


event.png
04/11/13 - NOA1 for I-130
12/10/13 - NOA2 for I-130
12/20/13 - Case Received by NVC
01/17/14 - Case # & invoice # assigned (called twice per week)
01/23/14 - DS-261 available & submitted
01/24/14 - AOS payment invoiced
01/28/14 - Paid AOS fee, status "in process"
01/30/14 - AOS Fee status "PAID"
01/31/14 - IV fee invoiced & paid, status "in process"
02/03/14 - AOS Package mailed via USPS w/tracking
02/04/14 - IV Fee status "PAID", DS-260 available.
02/05/14 - DS-260 submitted, IV Package mailed via DHL w/tracking
02/06/14 - USPS tracking confirms AOS package arrived @NVC
02/07/14 - DHL tracking confirms IV package arrived @NVC
02/07/14 - AOS package entered into system
02/10/14 - IV package entered into system
03/04/14 - Checklist received for joint sponsor's I-864 (requesting 2013 tax transcripts)
03/06/14 - Mailed Response to AOS checklist
03/06/14 - Received IV Package FALSE checklist
03/10/14 - USPS tracking confirms AOS checklist response arrived @NVC
03/13/14 - AOS checklist response entered into system
03/28/14 - CASE COMPLETE with checklist for corrected joint sponsor I-864 to be carried to interview.
04/02/14 - Interview Date assigned, May 13, Mumbai!
04/13/14 - Interview complete...221g given requesting I-864a from co-sponsor's spouse
04/16/14 - FedExed I-864a and evidences to Mumbai.

 
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