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Posted

Hi all,

Preparing all documents for the I-130 and I-485. However, I'm confused about the I-864.

Is the I-864 something that my wife (US Citizen) has to fill out and state all her income and taxes or is this form for me?

I own a company in Europe and have a subsidiary in the USA. Strictly speaking, I work for the European company, but I'm in the USA under an L1-visa for the US subsidiary.

Any advice greatly appreciated.

Thanks.

Posted (edited)

Are you applying for a CR-1 or IR-1 visa? If so, in most cases, it would be the petitioner sponsoring the beneficiary. The petitioner has to demonstrate that they meet and can maintain an income of at least 125% of the Federal poverty guideline for their household size, including the intending immigrant. If she meets this, filling it out this way would be the easiest option. If she doesn't, she can use a co-sponsor, or if you yourself have enough assets you can sponsor yourself. Here's a great guide to help you further;

http://www.visajourney.com/wiki/index.php/NVC_Process

Best of luck to you both.

Edited by shippingforecast

Now chronicling my experience in handy blog format at


http://the-shipping-forecast.tumblr.com/

Posted

Are you applying for a CR-1 or IR-1 visa? If so, in most cases, it would be the petitioner sponsoring the beneficiary. The petitioner has to demonstrate that they meet and can maintain an income of at least 125% of the Federal poverty guideline for their household size, including the intending immigrant. If she meets this, filling it out this way would be the easiest option. If she doesn't, she can use a co-sponsor, or if you yourself have enough assets you can sponsor yourself. Here's a great guide to help you further;

http://www.visajourney.com/wiki/index.php/NVC_Process

Best of luck to you both.

I'm applying for a Green Card. My wife works for my company as well. Obviously, she has an income and I have an income. What I don't understand is why she has to file an I-486 and "support me" when I earn enough money to support both of us.

Posted

I think it's because in most cases, the intending immigrant is in a foreign country and will have to give up employment and rely on their sponsors and savings, at least initially. When does your L-1 visa expire? You may be able to simply adjust your status, but I'm not 100% on that process.

Now chronicling my experience in handy blog format at


http://the-shipping-forecast.tumblr.com/

Posted (edited)

I think it's because in most cases, the intending immigrant is in a foreign country and will have to give up employment and rely on their sponsors and savings, at least initially. When does your L-1 visa expire? You may be able to simply adjust your status, but I'm not 100% on that process.

I see, so the I-486 is not mandatory? In other words, I could write in the cover letter that I own several companies and add my employment contract? The description on http://www.visajourney.com/content/i130guide2makes it sound as if the I-486 is a mandatory form.

My L1-visa expires in March.

Thank you so much for all your answers.

Edited by Dom108
  • 2 weeks later...
Posted

I'd like to jump in with my question, instead of starting a similar thread. My USC fiancé wants us to get married and file for AOS ASAP but I'm concerned about the affidavit of support, because at the moment I am the primary provider for both of us.

I'm here on L-1 and my job allows me to support both of us, which I do. At the moment, my fiancé's income is unstable and not very high, plus he has defaulted on his student loan (I don't know if that will be important ot USCIS). I know that my income can be counted in (I've been living and working here for 3 years and we've been living together for about 1.5 years) but it says here http://www.visajourney.com/content/support: "The US fiance is ALWAYS the primary sponsor, but may have a co-sponsor."

Does it mean that his "share" of income/assets in that er... document has to be bigger? Or can we get away with my income making up for the absolute majority of the required amount? He seems to think the latter and is not worried about that document but I am - should I be?

Also, he hasn't filed his return last year, so IRS counted everything for him (taking the refund of course). I'm assuming that's not going to work this year if we want to apply in a month or so (after getting married)? He has to actually do his taxes properly?

07-15-2016     Married.

03-25-2017     AOS packet sent (i-130 + i-485 + i-765 concurrent).

03-27-2017     AOS packet received according to USPS tracking number.

04-06-2017     NOA1 emails and texts received.

04-10-2017     NOA1 hard copies received.

04-15-2017     Biometrics appointment letter received.

04-25-2017     Biometrics appointment.

05-06-2017     RFE mailed.

07-05-2017     RFE response mailed.

07-06-2017     RFE response received according to USPS tracking number.

07-12-2017     RFE response receipt on 07-10-2017 confirmed via email and text.

07-22-2017     i-765 case updated with "we updated your name" message.

07-25-2017     EAD card mailed.

07-26-2017     EAD card mailing notification (email and text) received.

07-28-2017     EAD card in hand.

08-01-2017     "Interview scheduled" texts and email received. Hard copy interview letter (I-797C) received.

08-30-2017     Scheduled interview. 9 hours after getting out of the interview received email "we ordered your new card".

08-31-2017     33 hours after getting out of the interview received texts about case updates (i.e. texts were received 24 hours after emails). Hard copies of i-130 and i-485 approval notices received.

09-05-2017     "Card mailed" update on USCIS web site with notifications via text and email. Nothing on my USPS dashboard.

09-06-2017     Tracking number posted to USPS dashboard with "pre-shipment info sent".

09-08-2017     Green Card in hand.

09-11-2017     Online Request to fix the typo in the last name on the Green Card submitted.

09-20-2017     Infopass appointment. Result: "It's easier to wait for ROC and make sure they spell you name correctly at that time."

09-25-2017     Email received in response to the online request: "Infopass is the way to do this".

06-01-2019     ROC window opened.

08-01-2019     ROC packet sent.

08-05-2019     ROC packet delivered.

08-08-2019     Rejection notice sent (unable to process the credit card, possibly because of the formatting of billing address).

08-18-2019     Packet re-sent with personal check included.

08-20-2019     ROC packet delivered.

08-23-2019     NOA issued.

08-26-2019     NOA / 18 month extension letter received. Check cashed at 10:30 pm Mountain Time.

12-14-2019     Biometrics letter received. Notice date 12-06-2019. Appointment date 12-23-2019.

12-23-2019     Biometrics appointment. Email from USCIS stating that initial review has started. "During this step, USCIS initiates the background checks of the applicant/petitioner and identifies issues that may need to be addressed either during an interview or by asking the applicant/petitioner to submit additional information or documentation."

06-29-2020     Notification that "Name was updated" (hopefully they are putting back the hyphen they had dropped when issuing the original GC).

07-09-2020     Received notification "New card is being produced".

07-10-2020     Received notification "Case was approved".

07-29-2020     Received notification "Card mailed".

07-31-2020     Green Card in hand.

 
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