AOS from F2A & question on I-864

[yangie 0]

Hello everyone, 

I'm asking this for my best friend. She is a green card holder. She is sponsoring her husband (F2A) and his is PD is Jun 2018. He is currently on F1 visa.

We just checked the Jun bulletin and the date of filling jumped to Mar 2019, so this means he is eligible to file AOS right? 

 

Now he is preparing to adjust his status in the US. My husband will be the co-sponsor for her husband since my best friend's only income in 2018 is not enough. 

So for the i-864, we have some questions:

1. My best friend will need to file form i-864, but using just her 2018 income right? Because her husband's income was from OPT and his OPT expired in May 2018, as I read somewhere Uscis does not count income from OPT. 

2. My husband will also need to file another i-864 right? Since my husband & I are married, do I have to file form i-864A? 

3. We live in the same house address, then my husband will file i-864 or i-864a

 

Thanks a lot. 

[mushroomspore 3,044]

[self-delete]

Edited May 15, 2019 by mushroomspore

[Boiler 46,202]

10 minutes ago, yangie said:

Hello everyone, 

I'm asking this for my best friend. She is a green card holder. She is sponsoring her husband (F2A) and his is PD is Jun 2018. He is currently on F1 visa.

We just checked the Jun bulletin and the date of filling jumped to Mar 2019, so this means he is eligible to file AOS right? 

 

Now he is preparing to adjust his status in the US. My husband will be the co-sponsor for her husband since my best friend's only income in 2018 is not enough. 

So for the i-864, we have some questions:

1. My best friend will need to file form i-864, but using just her 2018 income right? Because her husband's income was from OPT and his OPT expired in May 2018, as I read somewhere Uscis does not count income from OPT. 

2. My husband will also need to file another i-864 right? Since my husband & I are married, do I have to file form i-864A? 

3. We live in the same house address, then my husband will file i-864 or i-864a

 

Thanks a lot. 

Huh?

[eckoin 211]

4 minutes ago, Boiler said:

Huh?

OP's husband will be the sponsor for OP's friend, and she's asking about her obligations for sponsorship. 

[yangie 0]

14 minutes ago, Boiler said:

Huh?

2. I meant my husband will be the co-sponsor for my best friend's husband and use our tax return, since we file tax jointly so I do not know if I need to file i-864 or not.

3. Someone told me that if co-sponsor live in the same address with intending immigrant, then file i-864. So I just want to make sure

 

 

 

10 minutes ago, eckoin said:

OP's husband will be the sponsor for OP's friend, and she's asking about her obligations for sponsorship. 

Thank you for explaining. This is exactly what I was trying to say

[eckoin 211]

55 minutes ago, yangie said:

Hello everyone, 

I'm asking this for my best friend. She is a green card holder. She is sponsoring her husband (F2A) and his is PD is Jun 2018. He is currently on F1 visa.

We just checked the Jun bulletin and the date of filling jumped to Mar 2019, so this means he is eligible to file AOS right? 

I don't know the answer to this, but I'll address what I do know below. 

Quote

Now he is preparing to adjust his status in the US. My husband will be the co-sponsor for her husband since my best friend's only income in 2018 is not enough. 

So for the i-864, we have some questions:

1. My best friend will need to file form i-864, but using just her 2018 income right? Because her husband's income was from OPT and his OPT expired in May 2018, as I read somewhere Uscis does not count income from OPT. 

If he were still employed under OPT and they were applying now, and his employer could provide a letter that they'd continue to employ him, it would work out. Since his OPT for expired a year ago, and he has no legal income now and hadn't for a year, it doesn't mean much. 

Quote

2. My husband will also need to file another i-864 right? Since my husband & I are married, do I have to file form i-864A? 

Your husband will file a separate I864, including himself, yourself, and your friend's husband as the "household", unless you also have children or other dependents. 

 

You may choose to also submit I864a. You don't technically have to, if your husband alone can carry the sponsorship requirement. However, if you file taxes married jointly, since the IRS transcript doesn't actually specify who earned what, people usually do it just to make it easier. If you don't, he'll have to submit W2s and pay stubs to specify his part of the income. 

Quote

3. We live in the same house address, then my husband will file i-864 or i-864a

 

Thanks a lot. 

Do you mean that your friend and her husband live with you? 

 

If so, I'm actually not certain whether your husband (and/or you) can submit I864a. You live together, but you're not a family per se. Maybe? 

 

I believe you always have the option to submit a totally separate affidavit (I864), regardless of familial or residential engagements. 

 

So I'd do that. But I'll let others weigh in. 

Edited May 15, 2019 by eckoin

[yangie 0]

 

 

 

33 minutes ago, eckoin said:

If he were still employed under OPT and they were applying now, and his employer could provide a letter that they'd continue to employ him, it would work out. Since his OPT for expired a year ago, and he has no legal income now and hadn't for a year, it doesn't mean much. 

so does this mean my best friend files i-864 using her only income with W2 or 1099 to specify her part of the income? Because they file 2018 tax jointly.

 

 

 

 

Quote

Do you mean that your friend and her husband live with you? 

 

If so, I'm actually not certain whether your husband (and/or you) can submit I864a. You live together, but you're not a family per se. Maybe? 

Yeah we live together, but we are not a family.

 

For i-864, we just need to print the tax transcript from IRS online or we have to submit 1040 with W2 as well?

And do we submit 3-year tax or just 2018 tax return?

 

Thank you so much for your help.

[nastra30 2,374]

1 hour ago, yangie said:

He is currently on F1 visa.

We just checked the Jun bulletin and the date of filling jumped to Mar 2019, so this means he is eligible to file AOS right? 

If he already has an approved I-130 he should be able to adjust.

[eckoin 211]

Here's what I'd do. 

 

1. She (your friend) has to submit I864, no exceptions. Her IRS transcript on its own is enough. He (the beneficiary/immigrant) should not have any income, but since it's married filing jointly, they should submit her W2s. 

 

Since her income is not enough:

 

2. Your husband fills out I864. You two file married, jointly, so: You should fill out I864a (you are a PR, right?). This is just to make it easier. 

 

You two submit the IRS transcript showing that you (two) earn enough to support him. 

 

You should submit W2s and a few pay stubs since you've filed jointly, to make it clear who earned what. I mean all W2s from both.

 

There are other ways, and other approaches. That's what I'd do if I were you. #1 is not negotiable, your friend has to file the affidavit. #2 has wiggle room depending on how you prefer to approach it. 

[nastra30 2,374]

45 minutes ago, nastra30 said:

If he already has an approved I-130 he should be able to adjust.

Correction - I think beneficiary can file adjustment of status even if petition has not been approved yet but has been filed. Basically, as long as beneficiary has a priority date and a visa number available to them while they are in the US they can file for an adjustment.

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-file-your-adjustment-status-application-family-sponsored-or-employment-based-preference-visas-may-2019

"If you already have a petition filed or approved on your behalf, you may have to wait for an available visa in your category (if applicable) before you can file your Form I-485, Application to Register Permanent Residence or Adjust Status. This page will help you determine when to file your adjustment of status application."

 

Edited May 15, 2019 by nastra30

[yangie 0]

 

 

 

On 5/14/2019 at 9:17 PM, eckoin said:

 

 

 

Here's what I'd do. 

1. She (your friend) has to submit I864, no exceptions. Her IRS transcript on its own is enough. He (the beneficiary/immigrant) should not have any income, but since it's married filing jointly, they should submit her W2s. 

 1. They filed tax jointly last year so their income is above the HHS Poverty. For example: hers is $10,000 & his is $20,000. So when she files I-864, she just puts $10,000 for the income plus her 1099, despite the fact that their IRS transcript shows $30,000?

 

2. Then my husband & I will put a separate number for the income for I-864 & I-864a, just like theirs right?

 

3. By the way, is the annual income what we got on the W2 or the adjusted gross income?

 

Thanks eckoin so much, I really appreciate. 

 

 

On 5/14/2019 at 9:53 PM, nastra30 said:

 

 

 

 

3

On 5/14/2019 at 9:53 PM, nastra30 said:

Correction - I think beneficiary can file adjustment of status even if petition has not been approved yet but has been filed. Basically, as long as beneficiary has a priority date and a visa number available to them while they are in the US they can file for an adjustment.

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-file-your-adjustment-status-application-family-sponsored-or-employment-based-preference-visas-may-2019

"If you already have a petition filed or approved on your behalf, you may have to wait for an available visa in your category (if applicable) before you can file your Form I-485, Application to Register Permanent Residence or Adjust Status. This page will help you determine when to file your adjustment of status application."

 

I got it, thank you so much.

[eckoin 211]

4 minutes ago, yangie said:

 1. They filed tax jointly last year so their income is above the HHS Poverty. For example: hers is $10,000 & his is $20,000. So when she files I-864, she just puts $10,000 for the income plus her 1099, despite the fact that their IRS transcript shows $30,000?

So, his income at the time was legal, right?  He was on OPT, legally, and that's why he has income in 2018?

 

If so, if I were her - I would submit the I-864 with the household income (whatever is showing up on the IRS transcript, which will be joint), and then--since it's joint--submit the W2s for both of them, showing who earned what.  The only reason to do that, is to show what happened last year.  In fact, a brief letter outlining what happened (last year, X worked at Y and earned $Z, and A worked at B on OPT, expired on mmddyyy until that date, and earned $C) would be helpful.  Others on this forum may disagree with sending "extra" information, but not only did it work for me, but I just can't see it being detrimental in an average case.  

 

For expected income, put actual expected income--$0 for him (since he has no current employment), and whatever for her.  

 

This is assuming that I understand the situation correctly.  If he is currently employed illegally, or anything of the sort, then I take it back and need more information.

4 minutes ago, yangie said:

 

2. Then my husband & I will put a separate number for the income for I-864 & I-864a, just like theirs right?

I filed married/joint in 2017 (the tax year used for my application), and I distinctly remember that our household income was combined, and at no point did it specify who earned what.  I assume it's the same for you?  What we did, is fill out the I-864 with the household income, and provide proof of who earned what via W2s and in our case, self-employed business income.

 

So I imagine that where it asks for tax year income on your husband's I-864, he has no choice but to put the household income (yours and his, if you filed jointly), then submit his W2s, then you fill out the I-864a, and include your W2s--and voila: you're both sponsors, and you've accounted for all income you two have shown with your IRS transcript (or 1040).

4 minutes ago, yangie said:

3. By the way, is the annual income what we got on the W2 or the adjusted gross income?

Can't recall exactly--it should be on the instructions.  I recommend an IRS transcript, but you either need the transcript or the 1040 (the tax form you'd submit via a tax prep place).  W2s on their own will not cut it.  

 

Hope this helps!

[Villanelle 4,122]

7 hours ago, eckoin said:

So, his income at the time was legal, right?  He was on OPT, legally, and that's why he has income in 2018?

 

 people have gotten RFEs trying to use F1 OPT income. Their RFEs lists what kind of income can be used : (E-1,2,3, H-1B, H1B1, H-1C, H-2A, H-2B, H-3, I, J-1, L-1, O-1, O-1A, O-1B, O2, P-1A, P-1B, P-2, P-3, Q-1, Q-2, R-1, TC or TN.) As you can see F1 OPT is not on the list as acceptable so it is up to their discretion if they want to count it or not.

[eckoin 211]

7 hours ago, username_taken said:

 people have gotten RFEs trying to use F1 OPT income. Their RFEs lists what kind of income can be used : (E-1,2,3, H-1B, H1B1, H-1C, H-2A, H-2B, H-3, I, J-1, L-1, O-1, O-1A, O-1B, O2, P-1A, P-1B, P-2, P-3, Q-1, Q-2, R-1, TC or TN.) As you can see F1 OPT is not on the list as acceptable so it is up to their discretion if they want to count it or not.

I've seen that, yes. I don't think OP's friends want to use his OPT income since his OPT expired a year ago. Just to clarify why he has income on the tax return. 

 

And if it's illegal income, then also a bit different. 

Edited May 18, 2019 by eckoin