Help with AOS - Different Situation.

[Nenabobena 6]

Hi all, I have been lurking in this community for a few years, but I hadn't join until now. Thank you for all your enlightening posts and help.

I'm a USC and filled for my mom in 2012. Thanks to this site I handled her process and she immigrated on April 2013. She lives with me and my husband (who is also a USC) but she has no income. We are currently petitioning for my brother (18 years old) through my mom and everything has gone through without a problem, but we just received a checklist form from NVC.

Since my mom has no income I filled an I-864 for her and and an I-864 for my husband to be a joint sponsor. For some reason they are asking for my mom's Tax information. She doesn't have any. No earnings, and even if she had some earnings, she just immigrated in 2013, she could not have filled by now.

Did I file the wrong forms perhaps? I was wondering if I need to file for I-864A instead? I didn't do it that way because I wasn't sure if that would be right. My husband is the head of the house, not my mom. Technically she's our dependent, but she's the petitioner.

Help?

This is what they asked to correct:

In Part 6. Sponsor's Income and Employment, please correct the following...

[x] Item 5. You must enter your current individual annual income. This means the amount of money you expect to earn

during the current calendar year.

[x] Item 10. The current annual household income must equal the sum of items 5, 6.c., 7.c., 8.c., and 9.c.

[x] Item 13.a. You must include your 2012 tax and income information.

[x] Items 13.a.1. The income you enter must match the total (gross) income reported on your most recent Federal

income tax return. If you filed Form 1040EZ, use the adjusted gross income instead.


Thank you in advance!

Edited January 13, 2014 by Nenabobena

[dwheels76 5,469]

Hi all, I have been lurking in this community for a few years, but I hadn't join until now. Thank you for all your enlightening posts and help.

I'm a USC and filled for my mom in 2012. Thanks to this site I handled her process and she immigrated on April 2013. She lives with me and my husband (who is also a USC) but she has no income. We are currently petitioning for my brother (18 years old) through my mom and everything has gone through without a problem, but we just received a checklist form from NVC.

Since my mom has no income I filled an I-864 for her and and an I-864 for my husband to be a joint sponsor. For some reason they are asking for my mom's Tax information. She doesn't have any. No earnings, and even if she had some earnings, she just immigrated in 2013, she could not have filled by now.

Did I file the wrong forms perhaps? I was wondering if I need to file for I-864A instead? I didn't do it that way because I wasn't sure if that would be right. My husband is the head of the house, not my mom. Technically she's our dependent, but she's the petitioner.

Help?

This is what they asked to correct:

In Part 6. Sponsor's Income and Employment, please correct the following...

[x] Item 5. You must enter your current individual annual income. This means the amount of money you expect to earn

during the current calendar year.

[x] Item 10. The current annual household income must equal the sum of items 5, 6.c., 7.c., 8.c., and 9.c.

[x] Item 13.a. You must include your 2012 tax and income information.

[x] Items 13.a.1. The income you enter must match the total (gross) income reported on your most recent Federal

income tax return. If you filed Form 1040EZ, use the adjusted gross income instead.

Thank you in advance!

Regardless of income or lack of she is the Sponsor you and your husband are co-sponsors. So she still needs to fill out the I-864. For income last 3 years she puts $0 and write a letter of ecplanation why she wasn't required to file. Just short and brief is all she needs to do. You will send that along with you and your husbands.

Will you be using both you and your husbands? If not than one of you will do a I-864A. Thats it.

[Nenabobena 6]

Thank you for your reply dwheels76.

I have no income either since I'm a full time student, but we do file "married filling jointly", is that a problem? NVC didn't say anything about my husband's I-864, just my mom's is having problems. I attached a letter explaining why she didn't have any income, so I'm not sure what else they want from us.

[dwheels76 5,469]

Thank you for your reply dwheels76.

I have no income either since I'm a full time student, but we do file "married filling jointly", is that a problem? NVC didn't say anything about my husband's I-864, just my mom's is having problems. I attached a letter explaining why she didn't have any income, so I'm not sure what else they want from us.

She still has to fill out a I-864. That is the contract with the government. So have her fill out and attach the letter.

In Part 6. Sponsor's Income and Employment, please correct the following...

[x] Item 5. You must enter your current individual annual income. This means the amount of money you expect to earn

during the current calendar year. This will be $0

[x] Item 10. The current annual household income must equal the sum of items 5, 6.c., 7.c., 8.c., and 9.c. $0

[x] Item 13.a. You must include your 2012 tax and income information. State in letter why she didn't have to file.

[x] Items 13.a.1. The income you enter must match the total (gross) income reported on your most recent Federal

income tax return. If you filed Form 1040EZ, use the adjusted gross income instead. $0

Edited January 13, 2014 by dwheels76