AOS I-864 Can Petitioner's & Sponsor's Added

[Arv0210 1]

I need urgent help to complete my AOS, My daughter (Petitioner) , currently studying out side USA and has never worked or filled taxes in USA and has no income in USA. I

I want to know if my regular Income + Assets which is currently 5 times from USA poverty line can be added or shown with Petitioner to clear this stage. and for this which form I would need to fill.

Would appreciate quick expert advice.

Also if someone can suggest me good lawyer would be appreciated.

[C-ma'am 684]

What process are you Adjusting Status from? Your post is in the incorrect forum and I need that information to move it so that you can get accurate information.

 

 

[Arv0210 1]

50 minutes ago, Celeste & C said:

What process are you Adjusting Status from? Your post is in the incorrect forum and I need that information to move it so that you can get accurate information.

 

 

Well my daughter (petitioner), she is US citizen and has filled I -130 for me and after USCIS approval it reached NVC.

I requested NVC for  expedite processing which is approved and forwarded to US consulate in India for interview and further processing.  

[geowrian 22,337]

She will need to provide statements as to why she was not required to file taxes. She will also need to show evidence of US domicile or intent to establish US domicile.

 

What is the source of your income? Assets can be included with the petitioner. In short, no, your income likely cannot be included. Per page 7 of the I-864 instructions, you need to show 1) income will continue from the same source after becoming an LPR, and 2) be living at the same residence at the petitioner. If you had qualified, no additional form would have been needed  (just supporting documentation + being listed on her I-864 appropriately).

 

8 minutes ago, Arv0210 said:

Well my daughter (petitioner), she is US citizen and has filled I -130 for me and after USCIS approval it reached NVC.

I requested NVC for  expedite processing which is approved and forwarded to US consulate in India for interview and further processing.  

Ah, for AOS you mean the I-864 (Affidavit of Support). Typically you see AOS = Adjustment of Status here, which confused me. haha

Edited October 5, 2017 by geowrian

[Arv0210 1]

3 minutes ago, geowrian said:

She will need to provide statements as to why she was not required to file taxes. She will also need to show evidence of US domicile or intent to establish US domicile.

 

What is the source of your income? Assets can be included with the petitioner. In short, no, your income likely cannot be included. Per page 7 of the I-864 instructions, you need to show 1) income will continue from the same source after becoming an LPR, and 2) be living at the same residence at the petitioner. If you had qualified, no additional form would have been needed  (just supporting documentation + being listed on her I-864 appropriately).

 

Ah, for AOS you mean the I-864 (Affidavit of Support). Typically you see AOS = Adjustment of Status here, which confused me. haha

Sorry I used AOS (Affidavit of Support)

Yes, she is student in India, but has US Bnnk account, credit card and has US resident card and address.

Regarding Income I have regular rental income and this will continue from same source after becoming LPR and can stay with her 

[geowrian 22,337]

2 minutes ago, Arv0210 said:

Sorry I used AOS (Affidavit of Support)

Yes, she is student in India, but has US Bnnk account, credit card and has US resident card and address.

Regarding Income I have regular rental income and this will continue from same source after becoming LPR and can stay with her 

No worries...it just confused me at first. AoS can mean Affidavit of Support, too.

She should be fine with domicile then. I just wanted to raise it so you're aware. I don't anticipate an issue as a student.

 

"Can stay with her" is not the same as currently living in your residence. The CO ultimately makes the determination, but I don't think they would count it....getting a joint sponsor would be advised.

" If you included the income of the intending immigrant who is not your spouse, (he or she would be counted on Part 5., Item Number 1.), evidence that his or her income will continue from the current source after obtaining lawful permanent resident status must be provided and the intending immigrant must provide evidence that he or she is living in your residence. He or she does not need to complete Form I-864A, unless he or she has an accompanying spouse or children."

[C-ma'am 684]

**Post moved from K1 to Bringing Family Members of US Citizens to America