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Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

Hi I hope this is in the correct place,

I entered the United states on a K1 visa and me and my then fiancee have married since. I am currently filling out paperwork for the adjustment of status so I can get my green card.

Background info:

My Wife sponsored me to enter on the K1 visa with her mother co sponsoring me, as my wife has only recently graduated college and has no income until she finds a job.

So currently Me and my wife are living with her mother and her brother in the same house.

So the household is:

Me (the immigrant)

Wife (Main sponsor)

Mother-in-law (joint sponsor)

Wife's Brother (claimed as a dependent on mother-in-laws tax return, but isn't involved in the sponsorship)

So as for the help:

I am of the understanding that my wife needs to complete an I-864 as the main sponsor, and my mother-in-law also fills out an I-864 as a co sponsor, is this correct?

When it comes to the annual income on my mother-in-laws I-864 under the dependent children she would only put 1? as on her latest tax return she only claimed 1 dependent (this was filed before my wife moved back home)

Also in the house hold income section would the brothers/sons income need to be included even though he is nothing to do with the application or do I just leave it blank and just put the mother-in-laws income into the household income box?

On my wife's I-864 as her annual income is 0 do I then put her mothers details into the section "income you are using from any person who was counted in your household" and do I put a 1 in the box that says "OPTIONAL if you have a sibling, parent with the same principle residence...." even though that says to file an I-864A (I did a search on this site and the consensus seemed to be that both wife and mother-in-law file I864 as wife has 0 income)

Sorry for the wall of text I wanted to include as much information as I could to make it easier to find the answers I'm looking for.

Thank you in advance

Kyle

Posted (edited)

Since your wife has zero income, it would be better to not include Mom's income as a household member on wife's I-864. Make sure wife sends her latest tax return or a signed statement why she did not have to file (zero income is a good reason.) Wife counts herself and you on the household size.

Let Mom do her own separate I -864. She counts herself, you, and the brother who is on her tax return. Guess that is all you mentioned. She does not have to enter any of the brother's income. That is only if she didn't make enough and needed to pool income with a household member.

Did I answer it all?

Edited by Nich-Nick

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Posted (edited)

In part 1 of the I-864 my wife selects 1.a and then my mother-in-law selects 1.d Correct?

And if I had say her mother and father both co sponsoring me they would select 1.e first and 1.e second ?

Thanks

Wife 1a

Mother 1d

No to Dad on anything in that part. That is when big families have to split up sponsors because not one person could take on 6 immigrant sponsorships on their income.

You didn't mention Dad before. Are Mom and Dad married still? That's another household count for Mom then. Dad could be listed as Mom's household member if he was going to help sponsor. Most do that when the sponsor is married and files a joint tax return with a spouse. So what is the story with Dad/Mom? Live together? File joint tax return? It changes the way the form is done.

Edited by Nich-Nick

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

 
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