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Posted

I need advice on my current situation before sending I-864.

I quit from my job back in august. I spent 5 1/2 years at this place. After that I worked for two months in another company, but the job was temporary although they offered me to stay part time. I declined and went on to search for a new employment. Hasn't been easy, I have had some temporary posts, but officialy I still unemployed.

Now, if I include my income tax return for 2006 in the I-864 application I would definitely not make the poverty line requirement. So, I think I should omit my 2006 income tax return, which I haven't filed because (1) I have not received my W-9 (2) I want to file jointly and need to request a ITIN for my wife.

Since my 2003, 2004, 2005 tax return will put me over the poverty line and will reflect that I have been at a same job for all this time, I'm hoping they don't ask for my 2005 return.

Another question is regarding my assets/saving-checking accounts. According to the I-864 form, this information is optional, and should only be included if it will help your case, do I still have to do it?.

What to do?

Thanks,

-Justo.

1-28-06 - Wedding

I- 130

09-13-06 - Mailed I-130

09-18-06 - CSC received

09-25-06 - NOA1 mailed

09-28-06 - NOA1 received

12-07-06 - Touched

12-11-06 - RFE mailed

12-13-06 - RFE received

12-14-06 - Mailed RFE (Birth Certificate)

12-21-06 - RFE received

12-27-06 - Approval

12-28-06 - NOA2 mailed / E-mail notified

01-04-06 - NOA2 received

NVC

01-05-07 - Assigned case number

01-15-07 - DS-2032(Choice of Agent Generated)/AOS 1-864 bill generated

01-17-07 - E-mailed Choice of Agent

Posted
I need advice on my current situation before sending I-864.

I quit from my job back in august. I spent 5 1/2 years at this place. After that I worked for two months in another company, but the job was temporary although they offered me to stay part time. I declined and went on to search for a new employment. Hasn't been easy, I have had some temporary posts, but officialy I still unemployed.

Now, if I include my income tax return for 2006 in the I-864 application I would definitely not make the poverty line requirement. So, I think I should omit my 2006 income tax return, which I haven't filed because (1) I have not received my W-9 (2) I want to file jointly and need to request a ITIN for my wife.

Since my 2003, 2004, 2005 tax return will put me over the poverty line and will reflect that I have been at a same job for all this time, I'm hoping they don't ask for my 2005 return.

Another question is regarding my assets/saving-checking accounts. According to the I-864 form, this information is optional, and should only be included if it will help your case, do I still have to do it?.

What to do?

Thanks,

-Justo.

Okay as I understand it......

On the I-864 you have to put your salary and employment, so if you are unemployed you will not make the poverty line as this asks for your current situation. Do youhave a job at the moment ?

When people do not make this level you have two options::

1. find a co-sponsor that is in the US and makes above the poverty line and is willing to sponsor your beneficiary

2. Use assets to meet the requirements

So you should only include your assests if you are using them to meet the financial requirements...

One question though...How can you send your 2006 tax return as you dont file it until April?.. are you talking about your 2005 tax return which you filed in 2006?

All the best

Filed: Timeline
Posted (edited)

Justo,

I need advice on my current situation before sending I-864.

I quit from my job back in august. I spent 5 1/2 years at this place. After that I worked for two months in another company, but the job was temporary although they offered me to stay part time. I declined and went on to search for a new employment. Hasn't been easy, I have had some temporary posts, but officialy I still unemployed.

Now, if I include my income tax return for 2006 in the I-864 application I would definitely not make the poverty line requirement.

Even more important - you don't make the poverty line requirement without a current income, and you're unemployed.

So, I think I should omit my 2006 income tax return, which I haven't filed because (1) I have not received my W-9 (2) I want to file jointly and need to request a ITIN for my wife.

Since the application for an ITIN must be submitted with an income tax return, your item #2 is not a very good excuse for not filing.

Since my 2003, 2004, 2005 tax return will put me over the poverty line and will reflect that I have been at a same job for all this time, I'm hoping they don't ask for my 2005 return.

Assuming a typo, they will sooner or later - after 15 April anyway (or is it 16 April this year, 15 being a Sunday?) - ask for your 2006 tax return.

Another question is regarding my assets/saving-checking accounts. According to the I-864 form, this information is optional, and should only be included if it will help your case, do I still have to do it?.

Will it help your case?

Yodrak

Edited by Yodrak
Filed: Country: Thailand
Timeline
Posted

Hi I lacked tax returns so asked my American parents to fill out I-864 A and give

all supporting tax docs, etc so that pushes me up to about 100, 000 $ a year.

Looking good! For 2006 filing. Hmm...I can't answer that one but u might

think about co-sponsor option though... Tommy T

Filed: K-3 Visa Country: Vietnam
Timeline
Posted

It is my understanding as well that if you use assets they must make up the difference between your yearly income and the 125% by five times. In other words if your yearly income is 10k and 125% is 15k then you would be 5k deficient, and therefor be required to show 25k in liquid assets.

Thats the way i read it, doesn't mean I'm right by any means.

Jim

Jim and Nhi

10-2-2008 Interview in Vietnam

9-1-2008 abandoned K3

7-11-08 Home from Vietnam

7-04-2008 Cleared NVC

6-26-08 NOA2 for I-129F and I-130

6-25-08 Congressional Expediting Approved

6-23-08 Return to Vietnam for visit

4-30-08 NOA1 I-130

4-17-08 NOA1 I-129F

4-10-08 I-129F mailed

3-26-08 Married in Vietnam

 
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