Unemployed and AOS

[fitleo 15]

Hi Everyone,

 

I am a USC who had her petition for her husband approved. In preparing my AOS I've faced a couple of questions that I thought I'd post here for help answering

 

I have had an income based on 1099 in 2016 which unfortunately does not meet the poverty guidelines for sponsorship, and I do know that I have to submit I-864 regardless with my mom counting for a household income (she's on W2)

 

The questions are as follows

 

1- Do I have to send in amended return transcripts? or can I use copies of  my returns (this site https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html, seems to stress having the IRS transcripts instead) The reason I want to do that is because my amendment did not go through yet and still shows incorrect information on the IRS site.

2- There is a mention on the same site that I have to prove the relationship between myself and the household member. Is this mandatory in terms of birth certificate since mine is foreign and my mom's name is written with her maiden name (that's how it's done there) and of course her maiden name and our family name are different. So what now?

3- Lastly, my dad has to also fill out a form I-864A correct? even if his income isn't counted since he and my mother file jointly

 

Please help me figure out these questions

 

Many many thanks in advance

[pghknr 14]

41 minutes ago, fitleo said:

Hi Everyone,

 

I am a USC who had her petition for her husband approved. In preparing my AOS I've faced a couple of questions that I thought I'd post here for help answering

 

I have had an income based on 1099 in 2016 which unfortunately does not meet the poverty guidelines for sponsorship, and I do know that I have to submit I-864 regardless with my mom counting for a household income (she's on W2)

 

The questions are as follows

 

1- Do I have to send in amended return transcripts? or can I use copies of  my returns (this site https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html, seems to stress having the IRS transcripts instead) The reason I want to do that is because my amendment did not go through yet and still shows incorrect information on the IRS site.

2- There is a mention on the same site that I have to prove the relationship between myself and the household member. Is this mandatory in terms of birth certificate since mine is foreign and my mom's name is written with her maiden name (that's how it's done there) and of course her maiden name and our family name are different. So what now?

3- Lastly, my dad has to also fill out a form I-864A correct? even if his income isn't counted since he and my mother file jointly

 

Please help me figure out these questions

 

Many many thanks in advance

3

3- Lastly, my dad has to also fill out a form I-864A correct? even if his income isn't counted since he and my mother file jointly

No need to  fill out  form I-864A from Your Dad , since you are not counting his Income..Only MOM- I-864 needed to fill.

[fitleo 15]

2 minutes ago, pghknr said:

3- Lastly, my dad has to also fill out a form I-864A correct? even if his income isn't counted since he and my mother file jointly

No need to  fill out  form I-864A from Your Dad , since you are not counting his Income..Only MOM- I-864 needed to fill.

Thx!

If mom is counted in the household size she fills out 864 or 864a? I'm pretty sure the site states the latter

[pghknr 14]

1 minute ago, fitleo said:

Thx!

If mom is counted in the household size she fills out 864 or 864a? I'm pretty sure the site states the latter

MOM- 864..( Seniors have to give answer - Double check )

This year you did not work at all? Current Paystub and Employment letter you have to send- you will also do I-864

[Wuozopo 4,293]

There are several ways to do this. First off, you titled the tread Unemployed. So if you are unemployed, your current income is zero.  No matter what you made on a 2016 tax return, your ability to provide income is now zero.  It you must provide an I-864 anyway. 

 

You, the spouse

• Form I-864
• 2016 tax transcript

Do not combine income with Mom, even if you live with her. Then you don't have to prove your relationship to her with your foreign birth certificate.

 

Mom, the joint sponsor

• Form I-864
• 2016 transcript (a married filing joint return)
• Proof of her separate income because the tax return does not show what is hers and what is Dads. Ways to prove: her W2, employer letter, 6 months pay stubs.
• Proof she is a us citizen or permanent resident

 

--OR-- (another option for Mom)

Mom, the joint sponsor

• Form I-864
• 2016 transcript (a married filing joint return)
• Proof she is a us citizen or permanent resident

And for Dad, her household member

• a Form I-864A filled out by Dad
• 2016 transcript (a married filing joint return)

when you add Dad as Mon's household member, then you do not have to prove Mom's separate income because the tax return shows all their income together.

 

 

 

[fitleo 15]

11 hours ago, pghknr said:

MOM- 864..( Seniors have to give answer - Double check )

This year you did not work at all? Current Paystub and Employment letter you have to send- you will also do I-864

Thank you! 

[fitleo 15]

1 hour ago, Wuozopo said:

There are several ways to do this. First off, you titled the tread Unemployed. So if you are unemployed, your current income is zero.  No matter what you made on a 2016 tax return, your ability to provide income is now zero.  It you must provide an I-864 anyway. 

 

You, the spouse

• Form I-864
• 2016 tax transcript

Do not combine income with Mom, even if you live with her. Then you don't have to prove your relationship to her with your foreign birth certificate.

 

Mom, the joint sponsor

• Form I-864
• 2016 transcript (a married filing joint return)
• Proof of her separate income because the tax return does not show what is hers and what is Dads. Ways to prove: her W2, employer letter, 6 months pay stubs.
• Proof she is a us citizen or permanent resident

 

--OR-- (another option for Mom)

Mom, the joint sponsor

• Form I-864
• 2016 transcript (a married filing joint return)
• Proof she is a us citizen or permanent resident

And for Dad, her household member

• a Form I-864A filled out by Dad
• 2016 transcript (a married filing joint return)

when you add Dad as Mon's household member, then you do not have to prove Mom's separate income because the tax return shows all their income together.

 

 

 

Thank you do much for this thorough explanation,  Wuzopo.

 

 

But if my parents and I share the same address, shouldn't my mom be a household member?

 

Also,  864a is a contract between us, do I not need it if she is a joint sponsor. 

 

And, lastly, dad did not workwork last year,  so his income is zero, but my parents always file jointly,  what to do in this case. 

 

And you're right, I haven't earned any income this year. 

 

Thx a lot, everyone

[Wuozopo 4,293]

But if my parents and I share the same address, shouldn't my mom be a household member?

Joining up with household members is not a requirement. It is an option when nobody earns enough on their own to qualify. Say one needs $30k. A spouse (primary sponsor) makes $20k and falls short. His Mom and he live under the same roof. Mom earns $20k and also falls short on her own to be a sole joint sponsor. The provision allows them to pool their income

$20k (spouses form) +$20k (Mom added to the spouse form as his household member)

Total Household Income=$40k which qualifies.

Mom has to sign an I-864A to show she gives her permission for the son to be pledging her money on his I-864.

 

It would be silly (in my opinion)  for you to do a form of $0 income and add on Mom as a household member with enough income to qualify. Much cleaner approach to just let her be the sole joint sponsor with her own I-864.

 

Also,  864a is a contract between us, do I not need it if she is a joint sponsor.

If you do your required I-864 of $0 income and don't add Mom's money to your form, then you need no contract from Mom (I-865A) saying it's okay for you to list her money on your form. She makes her own form with pledge to the government.

 

And, lastly, dad did not workwork last year,  so his income is zero, but my parents always file jointly,  what to do in this case. 

Already explained that in my first post. Read it again and see two ways Mom can handle it. 

 

May I add, I didn't get this either at first. I had to print the instructions for both I-864 and I-864A and sit down and read them word for word while looking at the form I had also printed. After reading literally 3 times, it finally clicked.  I would suggest you try that. Your best source of knowledge is from form instructions.

 

 

Edited June 14, 2017 by Wuozopo

[fitleo 15]

2 hours ago, Wuozopo said:

But if my parents and I share the same address, shouldn't my mom be a household member?

Joining up with household members is not a requirement. It is an option when nobody earns enough on their own to qualify. Say one needs $30k. A spouse (primary sponsor) makes $20k and falls short. His Mom and he live under the same roof. Mom earns $20k and also falls short on her own to be a sole joint sponsor. The provision allows them to pool their income

$20k (spouses form) +$20k (Mom added to the spouse form as his household member)

Total Household Income=$40k which qualifies.

Mom has to sign an I-864A to show she gives her permission for the son to be pledging her money on his I-864.

 

It would be silly (in my opinion)  for you to do a form of $0 income and add on Mom as a household member with enough income to qualify. Much cleaner approach to just let her be the sole joint sponsor with her own I-864.

 

Also,  864a is a contract between us, do I not need it if she is a joint sponsor.

If you do your required I-864 of $0 income and don't add Mom's money to your form, then you need no contract from Mom (I-865A) saying it's okay for you to list her money on your form. She makes her own form with pledge to the government.

 

And, lastly, dad did not workwork last year,  so his income is zero, but my parents always file jointly,  what to do in this case. 

Already explained that in my first post. Read it again and see two ways Mom can handle it. 

 

May I add, I didn't get this either at first. I had to print the instructions for both I-864 and I-864A and sit down and read them word for word while looking at the form I had also printed. After reading literally 3 times, it finally clicked.  I would suggest you try that. Your best source of knowledge is from form instructions.

 

 

Thanks!!!