AOS and forums

[no_muzzle 1]

Trying to get some advice on someone who has been through this process before.

We are now married and my wife is residing in the United States currently with me on a visa. We are going through the AOS process right now by filling

out all the necessary documents. I am stuck on this part of the i864 page 4 and 5.

 

Part 5 column 3 is asking if you are currently married, enter '1' for your spouse, but it does say above it 'Persons NOT sponsored in this affidavit' which

im assuming means I put a 0 since I am not married to any other person and shes the intended immigrant, correct?

 

Also--- Part 6  Sponsors Employment and Income:

It asks for my current income which is way over the poverty limit, but as you go down the page it wants federal tax returns, the AGI.

It is asking for my most recent tax return, which would be for 2018. I have yet to file for 2019 because I have not received my forms.

Will it be okay to use from 2018 since I have yet to file for 2019 ? or will it require my 2019 AGI tax return since we are in 2020?

2018 was a low income year and I am afraid it will ask me for a joint sponsor even though my income currently surpasses a household of 4.

 

 

[geowrian 22,338]

37 minutes ago, no_muzzle said:

Part 5 column 3 is asking if you are currently married, enter '1' for your spouse, but it does say above it 'Persons NOT sponsored in this affidavit' which

im assuming means I put a 0 since I am not married to any other person and shes the intended immigrant, correct?

You would put 0 by nature of her being counted already.

 

The 2019 tax returns aren't required until after tax day (or later if you have an extension). The current requirement is 2018 returns. If you have 2019 returns, you can provide that instead.

[no_muzzle 1]

6 minutes ago, geowrian said:

You would put 0 by nature of her being counted already.

 

The 2019 tax returns aren't required until after tax day (or later if you have an extension). The current requirement is 2018 returns. If you have 2019 returns, you can provide that instead.

Thank you.

 

Will they be deciding based off of my current income or my 2018 tax returns if they think im qualified to support?

[geowrian 22,338]

3 minutes ago, no_muzzle said:

Will they be deciding based off of my current income or my 2018 tax returns if they think im qualified to support?

Both, as well as all the other factors that make up the "totality of circumstances".

Current income is king. that would be reflected via your pay stubs.

The tax returns will be considered as well, usually to show a reliable/steady source of income.

 

It's impossible to know if they will want a joint sponsor or not....it's a judgement call by the IO using a totality of the circumstances.

Edited January 14, 2020 by geowrian

[no_muzzle 1]

5 minutes ago, geowrian said:

Both, as well as all the other factors that make up the "totality of circumstances".

Current income is king. that would be reflected via your pay stubs.

The tax returns will be considered as well, usually to show a reliable/steady source of income.

 

It's impossible to know if they will want a joint sponsor or not....it's a judgement call by the IO using a totality of the circumstances.

Okay- the last couple of questions I have for tonight (i think lol)

In each empty space do I need to put N/A or zero? Is it okay to leave blank or will they reject because of that?

Also, If we do need a joint sponsor--- will they reject this and make us start all over or will they mail us something and let us

complete what needs to be done to move forward?

Thank you for being very helpful!

[geowrian 22,338]

26 minutes ago, no_muzzle said:

Okay- the last couple of questions I have for tonight (i think lol)

In each empty space do I need to put N/A or zero? Is it okay to leave blank or will they reject because of that?

Also, If we do need a joint sponsor--- will they reject this and make us start all over or will they mail us something and let us

complete what needs to be done to move forward?

Thank you for being very helpful!

For that section, I put in zeros so they knew I didn't miss it.

For other sections, I put N/A in the spaces permitted. I completed the I-864 electronically, so it blocks out some areas that do not apply (and I left those blank).

 

They should issue an RFE/RFIE for a joint sponsor if your I-864 is insufficient.

[no_muzzle 1]

We are sending the I-130, I-485, I-864, I-130A, 1-131, 1-765, and form G-1165

 

When looking and making sure the addresses we send them to are correct, it is stating the I-130 needs to be approved before sending the I-485. Is this correct? Or can I mail them all at once? We are paying with money order except  for the 864 which will be online once we get an invoice. I'm not sure if I am looking at something wrong and want to make sure we do it right the first time. Thanks in advance.

[no_muzzle 1]

Or is the separate filing only if I was a green card holder? Since I am a US Citizen we send them together?

[geowrian 22,338]

3 hours ago, no_muzzle said:

When looking and making sure the addresses we send them to are correct, it is stating the I-130 needs to be approved before sending the I-485. Is this correct? Or can I mail them all at once? We are paying with money order except  for the 864 which will be online once we get an invoice. I'm not sure if I am looking at something wrong and want to make sure we do it right the first time. Thanks in advance.

You can do concurrent filing of the I130 + I-485 packets.

There is no fee for the I-864. The I-864 is sent at the same time as the I-485 (I think you meant this but I just wanted to be sure).

The fee for the I-765 and I-131 is waived when filed due to an I-485.

 

The only applicable fees are for the I-130 and I-485 (including biometrics, if within the age range).

 

3 hours ago, no_muzzle said:

Or is the separate filing only if I was a green card holder? Since I am a US Citizen we send them together?

The separate filings would apply when there is not a visa number immediately available (when the Priority Date is not current).

Spouse of a USC is always current immediately, so concurrent filing is available.

Spouse of an LPR (F2A) is current immediately this month. It may not be next month or the month after.

[no_muzzle 1]

Okay so, its almost ready to be sent tomorrow.

 

That's odd, on the site it said there was a 120 dollar fee associated with 864.

 

Do you know the exact address to send the documents? I have read 4 or 5 different addresses to send the forms to.

Is it okay to send ALL the forms together with the payment? Or do certain forms need to be sent to different addresses?

[Just Paul 4,595]

5 minutes ago, no_muzzle said:

That's odd, on the site it said there was a 120 dollar fee associated with 864.

That fee applies when you file it at the NVC for consular processing.  It does not apply when AOSing.

 

Re read the mailing instructions. . .    

Edited January 17, 2020 by Paul & Mary

[geowrian 22,338]

7 minutes ago, no_muzzle said:

Okay so, its almost ready to be sent tomorrow.

 

That's odd, on the site it said there was a 120 dollar fee associated with 864.

 

Do you know the exact address to send the documents? I have read 4 or 5 different addresses to send the forms to.

Is it okay to send ALL the forms together with the payment? Or do certain forms need to be sent to different addresses?

There is a fee for review of the I-864 at NVC. You are doing AOS, so there is no NVC involvement.

 

https://www.uscis.gov/i-485-addresses

Quote

You are applying for adjustment of status under one of the following eligibility categories:

1. Spouse, parent, unmarried son/daughter under age 21 of a U.S. citizen with either an approved Form I-130 or you are filing Form I-485 together with Form I-130

...

Then file your Form I-485 at:

USCIS Chicago Lockbox

For U.S. Postal Service (USPS):

USCIS
PO Box 805887
Chicago, IL 60680-4120

For FedEx, UPS, and DHL deliveries:

USCIS
Attn: FBAS
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517

 

[no_muzzle 1]

I know about the I-130 and I-485 being sent together, but can I also include I-864, I-130A, 1-131, 1-765, and form G-1165 all in the same packet to the same lockbox? Thanks

[Just Paul 4,595]

3 minutes ago, no_muzzle said:

I know about the I-130 and I-485 being sent together, but can I also include I-864, I-130A, 1-131, 1-765, and form G-1165 all in the same packet to the same lockbox? Thanks

Include everything to the Chicago lockbox.  Paper clip each form together.