February 2018 AOS Filers

[txkangaroo 91]

Pals I have a question. If my husband filed as head of household in the past three years before we got married, but he is the sole source of income. Would his dad (claimed as dependent) be required to fill out an i-864a for my AOS? Noted that his mom worked in those periods and has filed as married filing separately.

 

I got a text morning saying RFIE issued, and this is the issue I can think of for my application. Or last six months paystub/ translated birth certificate. Guess I'll need to wait...

Edited February 23, 2018 by txkangaroo

[harhad 52]

16 minutes ago, txkangaroo said:

Pals I have a question. If my husband filed as head of household in the past three years before we got married, but he is the sole source of income. Would his dad (claimed as dependent) be required to fill out an i-864a for my AOS? Noted that his mom worked in those periods and has filed as married filing separately.

 

I got a text morning saying RFIE issued, and this is the issue I can think of for my application. Or last six months paystub/ translated birth certificate. Guess I'll need to wait...

If his parents have filed taxes jointly and the father is a dependent of his wife in the tax returns than an I-864a should not be required however if if you're all in the same household I can imagine things getting more complicated.

 

In my case i did include an 1-864a form filled by my aunt (who is a stay at home women) along with the i-864 which my uncle filled, as on his tax returns my aunt is shown as a dependent. 

 

Besides all what i have understood about affidavit of supports so far is that if yours have a even the slightest of complexity, you are likely to get an RFE. I read on this forum somewhere somebody submitted 3pounds and 150+ pages of evidence with their I-864 and all it got them was an RFE because it becomes complicated for the officer to understand the sequence of documents. 

Edited February 23, 2018 by harhad

[harhad 52]

21 minutes ago, txkangaroo said:

Pals I have a question. If my husband filed as head of household in the past three years before we got married, but he is the sole source of income. Would his dad (claimed as dependent) be required to fill out an i-864a for my AOS? Noted that his mom worked in those periods and has filed as married filing separately.

 

I got a text morning saying RFIE issued, and this is the issue I can think of for my application. Or last six months paystub/ translated birth certificate. Guess I'll need to wait...

Has your LUD been updated ?

Edited February 23, 2018 by harhad

[txkangaroo 91]

Just now, harhad said:

If his parents have filed taxes jointly and the father is a dependent of his wife in the tax returns than an I-864a should not be required however if if you're all in the same household I can imagine things getting more complicated.

 

In my case i did include an 1-864a form filled by my aunt (who is a stay at home women) along with the i-864 which my uncle filled as my sponsor.

 

Besides all what i have understood about affidavit of supports so far is that if yours have a even the slightest of complexity, you are likely to get an RFE. I read on this forum somewhere somebody submitted 3pounds and 150+ pages of evidence with their I-864 and all it got them was an RFE because it becomes complicated for the officer to understand the sequence of documents. 

My hubby and I worked in State A, while his parents stayed in State B. His dad retired so didn't have any income other than SS income. His mom was working and she had some wages and tips from work. Before our marriage my husband filed his tax return as head of household that included his dad, which is allowed under IRS Code (on other circumstances the claimed dependent for HOH must be living with the filer. Parents are allowed not to live with the filer)

 

So I was just wondering if his dad needs to fill out the i864a for me, since his SSN was included in my husband's return as dependent (he didn't make any money). Or I had simply had the response to USCIS saying my husband is the only source of income and provide his W2 and paystubs will suffice.

3 minutes ago, harhad said:

Has your LUD been updated ?

Yea haha only for 485 this morning.

[harhad 52]

4 minutes ago, txkangaroo said:

My hubby and I worked in State A, while his parents stayed in State B. His dad retired so didn't have any income other than SS income. His mom was working and she had some wages and tips from work. Before our marriage my husband filed his tax return as head of household that included his dad, which is allowed under IRS Code (on other circumstances the claimed dependent for HOH must be living with the filer. Parents are allowed not to live with the filer)

 

So I was just wondering if his dad needs to fill out the i864a for me, since his SSN was included in my husband's return as dependent (he didn't make any money). Or I had simply had the response to USCIS saying my husband is the only source of income and provide his W2 and paystubs will suffice.

Yea haha only for 485 this morning.

Well USCIS is more concerned about the most recent W2 and tax return which I assume will be 2016 as we are Jan filers. So if his dad is shown as a dependent in his 2016 return than i-864a is plausible, however if he is not shown in 2016 or 2015 and only in the 2014 return than It will make no sense and it will be best to wait out until you get the RFE through mail to figure out whats going on

[txkangaroo 91]

@harhadYes, his dad was listed as dependent in all three years, but the total incomes were all from my husband's W2. So I might just attach all W2s to indicate the fact. Hopefully USCIS accept the fact that my husband is earning enough for household size of 3 by his W2. It would be really awkward to ask his dad for forms and naturalization proof in my opinion, cause his dad really didn't earn anything to support the family and he doesn't need to be my sponsor!!

 

Hope I can get this over with next week. I'll update what the letter was for when I receive it.

[Ram Iyer 2]

Quote

Hello everyone!  I'm happy and excited to join this forum. Below is my timeline:

 

(EB1 India- I-140 approved with a PD 06/26/2017)

02/15/2018-  mailed through Fedex I-485, I-131,I-765 (Phoenix USCIS Lockbox) ( For me and my wife) 

02/20/2018 - Package delivered to Phoenix USCIS lockbox

NOA1 text/email received - Waiting

 

Did anyone else have their package delivered on Feb 20th? Good luck to everyone!

 

Edited February 23, 2018 by Ram Iyer

[harhad 52]

6 hours ago, txkangaroo said:

@harhadYes, his dad was listed as dependent in all three years, but the total incomes were all from my husband's W2. So I might just attach all W2s to indicate the fact. Hopefully USCIS accept the fact that my husband is earning enough for household size of 3 by his W2. It would be really awkward to ask his dad for forms and naturalization proof in my opinion, cause his dad really didn't earn anything to support the family and he doesn't need to be my sponsor!!

 

Hope I can get this over with next week. I'll update what the letter was for when I receive it.

A simple letter addressed to USCIS explaining the same can achieve the objective here. An I-864a is only necessary to indicate the approval of the sponsors spouse/partner (irrespective if they are working or not - as long as they are shown as a dependent in the tax returns) and not for any additional dependents that a sponsor may have in his household

 

Answer to the Red text;

Earnings are determined from tax returns and not from W2's

"For purposes of this affidavit, the line for Total Income on IRS Forms 1040 and 1040A will be considered when

determining income. For persons filing IRS Form 1040 EZ, the line for adjusted gross income will be considered." Source: I-864 Instruction sheet

[txkangaroo 91]

1 minute ago, harhad said:

A simple letter addressed to USCIS explaining the same can achieve the objective here. An I-864a is only necessary to indicate the approval of the sponsors spouse/partner (irrespective if they are working or not - as long as they are shown as a dependent in the tax returns) and not for any additional dependents that a sponsor may have in his household

 

Answer to the Red text;

Earnings are determined from tax returns and not from W2's

"For purposes of this affidavit, the line for Total Income on IRS Forms 1040 and 1040A will be considered when

determining income. For persons filing IRS Form 1040 EZ, the line for adjusted gross income will be considered." Source: I-864 Instruction sheet

Thanks buddy, I also looked at the i-864a instruction. Each Form I-864A is completed and signed by two individuals: a sponsor who is completing Form I-864 and a household member who is promising to make his or her income and/or assets available to the sponsor to help support the sponsored immigrants. If the dependent doesn't have any income, then he couldn't promise to make his income available to sponsor beneficiary.

 

Let's wait and see what RFIE is, and I'll have all related W2s ready at the same time.

 

Hope your case go smooth next week with the bio appt!

 

 

[jess_mira 0]

4 hours ago, Ram Iyer said:

 

Hi Ram, Hi everyone, just a quick question as I have seen some of you delivered the packages (130, 485, 131, 765) to Dallas LockBox, some to Chicago Lockbox and like Ram you delivered to Phoenix Lockbox, did you decide where to send base on the type of the current status? If after entered the state with K1 Visa and get married after the entry, is Chicago the only option to send? On the USCIS website, the I-485 page saids K1 will need to send to Chicago, while for I-765 page saids K1 goes to either Phoenix/Dallas, and since it also saids I-485 and 765 can be sent together, I am bit confused. I wish Phoenix will be an option too coz we will be living in Phoenix  but just wanna clarify and be prepred is all coz dont wanna send to the wrong lockbox. Thanks a lot!

[harhad 52]

21 minutes ago, jess_mira said:

Hi Ram, Hi everyone, just a quick question as I have seen some of you delivered the packages (130, 485, 131, 765) to Dallas LockBox, some to Chicago Lockbox and like Ram you delivered to Phoenix Lockbox, did you decide where to send base on the type of the current status? If after entered the state with K1 Visa and get married after the entry, is Chicago the only option to send? On the USCIS website, the I-485 page saids K1 will need to send to Chicago, while for I-765 page saids K1 goes to either Phoenix/Dallas, and since it also saids I-485 and 765 can be sent together, I am bit confused. I wish Phoenix will be an option too coz we will be living in Phoenix  but just wanna clarify and be prepred is all coz dont wanna send to the wrong lockbox. Thanks a lot!

You are suppose to file the whole application at a single location, and the location IS NOT ours to choose from. The category of the application determines that !

[Ram Iyer 2]

6 hours ago, harhad said:

You are suppose to file the whole application at a single location, and the location IS NOT ours to choose from. The category of the application determines that !

Completely agree with you harhad!

[CathW 15]

Anybody from Maryland?

 

Sharing my timeline:

Sent: 02/05/18

Delivered: 02/09/2018

E-notification: 02/17/18

 

STILL waiting for the mail. I also did the same mistake of putting Chicago as my field office instead of Baltimore. 

 

 

[Nikolet Kamenov 77]

Hi guys i just received my Biometrics appt and its on March 9th!

Im sooo excitedd!!

[Etamkoos 100]

2 minutes ago, Nikolet Kamenov said:

Hi guys i just received my Biometrics appt and its on March 9th!

Im sooo excitedd!!

Woohoo!  Congrats Nikolet!  Mine is next week at 8am!  What time is yours? :).