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AskerBRfromAZ

Important Questions About I-864 and I-485 Forms!

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Filed: AOS (pnd) Country: Brazil
Timeline

I wanted to ask this to KayDeeCee. While I wait for her reply I'm posting it here too.

Please, only answer if you really know what you are talking about.

 

My wife is my sponsor, she will be filing the I-864 and I-485 along with others. We filed the I-130 first and already received the I-797. This is my first question: the notice date on it is April 5, 2016. We couldn't file the I-485 and the other forms yet because she couldn't meet the requirements then (and now I think she can. I'll ask about it in the next questions). She has been working since Feb, 2016 and now her income is enough to meet the 125% poverty guidelines and now she can file the rest of the forms (I-485, I-864, etc.) Is there any problem in only filing it now since it's been almost a year from the receiving of the Notice of Action, the I-797? From what I've read, it's fine and we can file it.

 

 

Second question: She wants to combine what she earns at work with her child support, because it is necessary to meet the poverty guidelines' requirements. From what we understood from the instructions (and from KayDeeCee's reply here in the forum) this is accepted. Is that correct?

 

Another question about it: she has two daughters that receive child support. One will receive it for two years (this year and next year). The other for four years, counting this year. Will this be okay?

 

 

The I-864 asks for the last 3 years' tax returns on part 6 of the form. In her previous years before 2016 her income was way below the poverty guidelines (even with child support), since she was not working for half that period and the other half was part-time. No problem earning much less than now?

 

 

Last question: what to put on “Current USCIS Status” on form I-485, part 1? I've put “Adjustment of Status Applicant.” Is this fine?

 

That's all for now.

 

 

Edited by askerfromAZ
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Filed: IR-1/CR-1 Visa Country: Germany
Timeline

Income is income ..... child support is cash in and for tax forms, just file them. 

 

If you lie to USCIS they check with IRS, keep it simple and easy to answer at any interview ....

 

Part 3 question ,,,, I believe so, others will confirm or advise

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1 hour ago, askerfromAZ said:

I wanted to ask this to KayDeeCee. While I wait for her reply I'm posting it here too.

Please, only answer if you really know what you are talking about.

 

My wife is my sponsor, she will be filing the I-864 and I-485 along with others. We filed the I-130 first and already received the I-797. This is my first question: the notice date on it is April 5, 2016. We couldn't file the I-485 and the other forms yet because she couldn't meet the requirements then (and now I think she can. I'll ask about it in the next questions). She has been working since Feb, 2016 and now her income is enough to meet the 125% poverty guidelines and now she can file the rest of the forms (I-485, I-864, etc.) Is there any problem in only filing it now since it's been almost a year from the receiving of the Notice of Action, the I-797? From what I've read, it's fine and we can file it.

The i-130 doesn't expire, it's fine.

 

1 hour ago, askerfromAZ said:

 

 

Second question: She wants to combine what she earns at work with her child support, because it is necessary to meet the poverty guidelines' requirements. From what we understood from the instructions (and from KayDeeCee's reply here in the forum) this is accepted. Is that correct?

Yes, this counts also as income. 

 

1 hour ago, askerfromAZ said:

 

Another question about it: she has two daughters that receive child support. One will receive it for two years (this year and next year). The other for four years, counting this year. Will this be okay?

It is the current years income that is of importance. That is fine.

 

1 hour ago, askerfromAZ said:

 

 

The I-864 asks for the last 3 years' tax returns on part 6 of the form. In her previous years before 2016 her income was way below the poverty guidelines (even with child support), since she was not working for half that period and the other half was part-time. No problem earning much less than now?

No, as long as her current, ongoing income, and proof thereof, is enough. They ask for it to also establish that the sponsor has filed taxes. The older tax transcripts can be included if it will help show the ability to maintain an income. You will not use this income to prove this but only that taxes were filed for that specific income and therefore not provide transcripts.

 

1 hour ago, askerfromAZ said:

 

 

Last question: what to put on “Current USCIS Status” on form I-485, part 1? I've put “Adjustment of Status Applicant.” Is this fine?

 

That's fine. If you wish you can detail what visa and petition, but AOS applicant works :)

 

1 hour ago, askerfromAZ said:

 

That's all for now.

 

 

 

Good luck

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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Just now, askerfromAZ said:

Thank you, piste.

 

Thank you very much, Suss&Camm!! Very helpful! If I have more questions, can I ask you privately?

Of course, I can't promise I can answer you though hahaha ;)

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

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