AOS Help - I-130

[kp&kp 8]

Hello,

 

I have filed an I-130 for spousal visa. I am currently at the AOS stage trying to determine if I need a household sponsor, joint sponsor, etc or if I would qualify to sponsor on my own. Some background:

 

On my 1040s, my total income (line 22) are as follows:

 

2015: $7,358

2016: $9,613

2017:  $26,000

 

For a household member of 2 (me and my wife) would my income of $26,000 made last year and $26,000 annual income that I will be making this year in 2018 be enough for me a sole sponsor for my wife or should I include household income (both mom and dad) sponsorships?

 

Which forms would I need to fill out? Any tips or recommendations would be helpful.

 

Thanks 

[pushbrk 12,605]

Technically, you qualify on your own based on current and 2017 income.  However, the Consulates in India almost always want to see three years of qualifying income.  I would provide an I-864 from your, the same from one parent as joint sponsor and an I-864a from the joint sponsor's spouse.  

Edited April 18, 2018 by pushbrk

[kp&kp 8]

8 minutes ago, pushbrk said:

Technically, you qualify on your own based on current and 2017 income.  However, the Consulates in India almost always want to see three years of qualifying income.  I would provide an I-864 from your, the same from one parent as joint sponsor and an I-864a from the joint sponsor's spouse.  You are not part of your parent's household, so you cannot combine income with them.

So would I find out that they want to see three years of qualifying income at the interview or would I know beforehand? Let's say I send off my AOS package with just me being as a sponsor. If the three years of income were to be an issue, would they let me know now and send me a checklist or could it be a problem later during the interview part?

 

Also, I live with my parents still. I have always lived with my parents. Would I not be able to use their income as household income for sponsorship?

[Ryan H 3,810]

~~~Duplicate thread removed; do not start multiple threads on identical content.~~~

[pushbrk 12,605]

5 minutes ago, kp&kp said:

So would I find out that they want to see three years of qualifying income at the interview or would I know beforehand? Let's say I send off my AOS package with just me being as a sponsor. If the three years of income were to be an issue, would they let me know now and send me a checklist or could it be a problem later during the interview part?

 

Also, I live with my parents still. I have always lived with my parents. Would I not be able to use their income as household income for sponsorship?

They will let you know during the interview.  I just explained the proper way to use your parents as joint sponsor.  If you treat them as household members, then YOU also count in the the household.  As joint sponsors you do not, and that is the most correct way to deal with this.  

[kp&kp 8]

12 minutes ago, pushbrk said:

They will let you know during the interview.  I just explained the proper way to use your parents as joint sponsor.  If you treat them as household members, then YOU also count in the the household.  As joint sponsors you do not, and that is the most correct way to deal with this.  

Thank you! I will do exactly that!

[kp&kp 8]

40 minutes ago, pushbrk said:

They will let you know during the interview.  I just explained the proper way to use your parents as joint sponsor.  If you treat them as household members, then YOU also count in the the household.  As joint sponsors you do not, and that is the most correct way to deal with this.  

Hi Pushbrk,

 

Thank you so much for helping me on the AOS question about qualifying income for sponsorship. I have a followup question if you do not mind me asking. Since I will be filling out the I-864 for me and I-864 for my father and an I-864A for my mother I was wondering how to go about the 864 and 864A for my parents. They file their taxes as married filling jointly so their incomes are combined on their 1040. When the 864 and 864A ask for current income and past incomes, how do I answer those questions to show what my dad made and what my mom made? Or would both forms show the same numbers for both parents since the 1040 married filling jointly combines the incomes?

 

[pushbrk 12,605]

36 minutes ago, kp&kp said:

Hi Pushbrk,

 

Thank you so much for helping me on the AOS question about qualifying income for sponsorship. I have a followup question if you do not mind me asking. Since I will be filling out the I-864 for me and I-864 for my father and an I-864A for my mother I was wondering how to go about the 864 and 864A for my parents. They file their taxes as married filling jointly so their incomes are combined on their 1040. When the 864 and 864A ask for current income and past incomes, how do I answer those questions to show what my dad made and what my mom made? Or would both forms show the same numbers for both parents since the 1040 married filling jointly combines the incomes?

 

Start be actually reading the I-864 instructions where your answers can easily be found.

[kp&kp 8]

1 minute ago, pushbrk said:

Start be actually reading the I-864 instructions where your answers can easily be found.

I've read over the instructions a few times already. I want to do this right the first time so I don't get any delays. I wouldn't be asking on a forum if I still was not sure of how to proceed.

Thanks anyways.

[pushbrk 12,605]

6 minutes ago, kp&kp said:

I've read over the instructions a few times already. I want to do this right the first time so I don't get any delays. I wouldn't be asking on a forum if I still was not sure of how to proceed.

Thanks anyways.

Did you read the part about how to enter prior tax income?  It's pretty direct and clear how you do that.  In the tax section, they will have the total income from the tax return on both forms.  The only thing separated is the current income, which may or may not be anything like what shows on the tax return.

Edited April 19, 2018 by pushbrk

[kp&kp 8]

22 minutes ago, pushbrk said:

Did you read the part about how to enter prior tax income?  It's pretty direct and clear how you do that.  In the tax section, they will have the total income from the tax return on both forms.  The only thing separated is the current income, which may or may not be anything like what shows on the tax return.

I reread the 864 instructions and still do not see in the instructions what you are talking about. Can you point me towards where to find out what you are trying to explain?

Thanks

[pushbrk 12,605]

11 minutes ago, kp&kp said:

I reread the 864 instructions and still do not see in the instructions what you are talking about. Can you point me towards where to find out what you are trying to explain?

Thanks

No, but if you do what I said, it will be correct.