AoS from TN Visa (i-864 & Evidence questions)

[freddy_vee 0]

Hi everyone,

I am Canadian and am(was) on a TN visa. I recently married my wife who is a USC and we are going through the AoS process. We've filled out most forms but I have a few questions about the i-864, income and Evidence of a bona-fide marriage questions.

i-864 and income

My wife did not meet the 125% poverty line income based on her taxes last year because she only started work in Sept (her annual salary is comfortably over the 125%, but taxes last year don't reflect that). She also did not file taxes the 2 years prior since she did not make over $10k. Her mom is happy to help as a joint sponsor, but I had a few questions before going that route.

My questions about the i-864 are:

1. I have an official letter from her employer stating that she is an employee at POSITION and making $XXXXX amount per year. Is this enough show them that she can support me?

2. I am also working on a TN visa, and I have an official letter (contract) from my employer stating that my employment will continue in the same position and salary etc. I have filed taxes for last year and have receipts - can I include my income along with my wife (since we are living together it would count as joint income wouldn't it?)

3. If I were to use her mother as a joint sponsor - is it just another i-864 for her (so 2 total one from my wife and one from her mother)?

Evidence questions

We're just married but we have been living together for a while so we have some evidence. I wanted to run the evidence by you guys to see if we need the letters of support or not.

Our evidence of a bona-fide marriage are:

1. I am the beneficiary on her life insurance policy (my work does not offer one)

2. Gas & Electric bills in both our names

3. Joint credit cards (but this is recent - just after we got married)

4. Pictures of our wedding

5. Certificate of Domestic Partnership (we got it about a year ago)

6. I am on her family cell phone plan

7. Tickets of travel together for vacation (bought on my card)

We don't really have any receipts of gifts (we can show bank statements etc), but not the actual receipt from the shop (except amazon . We also have bunches of pictures of us together for the last 4 years and visits back and forth to Canada and US from us both.

I'm not sure if the above is "good" evidence and if I still need to get letters of support from friends and family to show that its a bona-fide marriage?

Thank you every for reading and would appreciate any insight.

- Vee

[Rob L 3,811]

On the evidence don't forget a certified copy of your Marriage License.

On the evidence don't forget a certified copy of your Marriage License.

[freddy_vee 0]

On the evidence don't forget a certified copy of your Marriage License.

On the evidence don't forget a certified copy of your Marriage License.

But doesn't the i-130 require a certified copy of the Marriage License anyway? Should I send in a second one (one that is required in the i-130 and another for evidence). i will also be sending another one with my i-485 right?

[Rob L 3,811]

I was thinking of the one that went with the -i-485, for the i-130 I sent a photocopy of the the original ( I hope that works)

[freddy_vee 0]

I think it should be fine Rob - I'm a first timer myself so still researching

For anyone else reading - can you impart any knowledge for my i-864 questions? (pasted from above). Thanks for your help!

My questions about the i-864 are:

1. I have an official letter from her employer stating that she is an employee at POSITION and making $XXXXX amount per year. Is this enough show them that she can support me?

2. I am also working on a TN visa, and I have an official letter (contract) from my employer stating that my employment will continue in the same position and salary etc. I have filed taxes for last year and have receipts - can I include my income along with my wife (since we are living together it would count as joint income wouldn't it?)

3. If I were to use her mother as a joint sponsor - is it just another i-864 for her (so 2 total one from my wife and one from her mother)? Also - her mum does not live in the same household so I don't even know if that qualifies.

[CdnRN 40]

I'm AOS from TN also. I'm in the middle of things so can't claim any expertise as I'm still waiting for my interview.

1. That helps, especially if her position is a new one. Make sure you add her 6 most recent pay stubs and

Her tax transcripts for the last 3 years.

2. I'm not sure. I believe the instructions to the I-864 can help clarify that. We didn't as my husband could meet the poverty guidelines without me. Someone else here may also be able to help.

3. Yes she can be. She needs an I-864 too, and if she joint filed her spouse needs an I-864a I believe.

Others can correct me if I'm wrong...

[RiceVinegar 2]

My questions about the i-864 are:

1. I have an official letter from her employer stating that she is an employee at POSITION and making $XXXXX amount per year. Is this enough show them that she can support me?

2. I am also working on a TN visa, and I have an official letter (contract) from my employer stating that my employment will continue in the same position and salary etc. I have filed taxes for last year and have receipts - can I include my income along with my wife (since we are living together it would count as joint income wouldn't it?)

3. If I were to use her mother as a joint sponsor - is it just another i-864 for her (so 2 total one from my wife and one from her mother)?

Question 2)

My USC spouse has only worked for partially last year, so I added my income to show that we meet the poverty line (I am adjusting from H visa). Your income does count as the household income of your USC spouse.

I was suggested to have a joint sponsor (not necessarily from VJ but from other sources), but ended up without one and came all th way throuh without RFEs, well at least for now.

Oh, and your list of evidence of bona fide marriage sounds good to me

Edited July 15, 2014 by RiceAgain

[freddy_vee 0]

Thanks a bunch guys!! CdnRN - I can get her last few pay stubs, but I only have tax receipts for last year (she did not file prior since she did not meet the $10k minimum.

I also have my tax transcripts from last year so maybe that can help. The instructions for the i-864 say that you can add other supporting docs with the form - so I am thinking I can just write a letter to explain our case (since she does technically meet the poverty guidelines based on her current job) - just not last year since it was a partial year for us - AND I also have a letter from my work saying that I am employed etc etc.

Re: RiceAgain - would you mind sharing what you included with your i-864? - In Part 5 of the form - which section did you include yourself - because I could be in 1 OR 3 - but if I put 3 - wouldn't that negate the need for the form itself?

Also, if you included your own income as part of the household, you just add yourself to Part 6 of the form right?

Last question for the night (for anyone reading) - In part 6 , question 13 - I am including my wife's tax transcript for last year - but she has not filed taxes for the 2 years prior to that - does that mean I cannot check the box?

Thanks everyone for your help again!

[RiceVinegar 2]

Thanks a bunch guys!! CdnRN - I can get her last few pay stubs, but I only have tax receipts for last year (she did not file prior since she did not meet the $10k minimum.

I also have my tax transcripts from last year so maybe that can help. The instructions for the i-864 say that you can add other supporting docs with the form - so I am thinking I can just write a letter to explain our case (since she does technically meet the poverty guidelines based on her current job) - just not last year since it was a partial year for us - AND I also have a letter from my work saying that I am employed etc etc.

Re: RiceAgain - would you mind sharing what you included with your i-864? - In Part 5 of the form - which section did you include yourself - because I could be in 1 OR 3 - but if I put 3 - wouldn't that negate the need for the form itself?

Also, if you included your own income as part of the household, you just add yourself to Part 6 of the form right?

Last question for the night (for anyone reading) - In part 6 , question 13 - I am including my wife's tax transcript for last year - but she has not filed taxes for the 2 years prior to that - does that mean I cannot check the box?

Thanks everyone for your help again!

Oops sorry for the late reply.

Below is the list of documents I attached (listed in my cover letter as well):

I-864, Affidavit of Support (Petitioner)

A copy of petitioner's birth certificate

A copy of Federal Tax Return for 2011, 2012 and 2013 of petitioner

A copy of W2 forms 2013

Evidence that the intending immigrant (Beneficiary) income will continue from the current source after obtaining lawful permanent resident status

A copy of Federal Tax Return for 2011, 2012 and 2013 of beneficiary

A copy of W2 forms 2011, 2012 and 2013

A copy of beneficiary's employee earning statement (paycheck stubs - recent three months)

A copy of current foreign passport (all pages)

A copy of passport page containing the entry Visa

A copy of current H1B approval notice (I-797A)

I-864:

Part 5

I added "1" in lines 1 (Enter the number you entered on line 7 of Part 3.) and 2 (Yourself).

Whoever is counted in lines 2 and below are Persons NOT sponsored in this affidavit, as noted right above line 2.

Therefore you shouldn't put yourself in line 3, because you ARE getting sponsored by your spouse through this form!

Part 6

Yes I put my (intending immigrant) income information in this section in lines 6, 10 and 12 (since I do not have no other accompanying dependents).

In line 10, I added my income (6.c.) and my spouse's current income (which unfortunately was none by the time I was submitting).

Sorry I can't answer your question in regards to line 13 of part 6 :/ but wish my info helps a bit!

Edited July 24, 2014 by RiceAgain

[freddy_vee 0]

Sorry for the late reply - but thanks RiceAgain! your replies helped a lot!

Finally ready to file now I pretty much have the package ready to go.

One last set of questions to anyone reading -

1. I need 3 cover letters right? 1 main cover letter, 1 for the i-130 and 1 for the i-485, i-765 and an i-131?

2. Do the checks go at the top (even before the cover letter?)

3. I am using ACCO fasteners and have the i-130 and i-485 in separate colored folders. - Should I separate the i-765 and i-131 into separate folders also? (since the are at the bottom of a thickish i-485.

Thanks for to everyone reading. Cannot say how much I appreciate all your help.

Cheers

-Vee

[CdnRN 40]

Sorry for the late reply - but thanks RiceAgain! your replies helped a lot!

Finally ready to file now I pretty much have the package ready to go.

One last set of questions to anyone reading -

1. I need 3 cover letters right? 1 main cover letter, 1 for the i-130 and 1 for the i-485, i-765 and an i-131?

2. Do the checks go at the top (even before the cover letter?)

3. I am using ACCO fasteners and have the i-130 and i-485 in separate colored folders. - Should I separate the i-765 and i-131 into separate folders also? (since the are at the bottom of a thickish i-485.

Thanks for to everyone reading. Cannot say how much I appreciate all your help.

Cheers

-Vee

1. I got told that one long cover letter is fine, however, that seemed less organized to me, so I did a master cover letter and detailed cover letters for each section/form. I think you can use your best judgement.

2. That is where I put them.

3. That is what I did.

Good luck!

[freddy_vee 0]

Thanks for your help CdnRN!

Sending out the forms tomorrow - exciting stuff!

[CdnRN 40]

Good luck!

[Adam & Anne 0]

Good Luck! I am going through the same thing! I'll be sending mine in the next few days too