4 questions regarding address, salary, and degrees. Appreciate your help! :)

[Alexsea 45]

Hello! We are working on the NVC forms for my husband, and are almost ready to submit it. Just have a few questions and hoping the lovely Visa Journey community can help.

 

DS-260:

• Petitioners Address: we are currently living in Europe together (have been for 7 years). I have been stating my current address (abroad) but using my MAILING address as my permanent address in the US. There is a question that asks for the "Petitioners Address" on the DS-260 form... should I put the address where we live currently in Europe, or my mailing address in the US even though I do not reside there right now? 
• Degree: My husband completed his Associate's Degree, so we have put that on the form. He then went on to do a 4 year program for a bachelor's degree, BUT he never finished (he was only 10 credits shy... I know... 😖). We want to include that he was studying for these 4 years, but what do we write for the DEGREE OBTAINED part? 

 

I-864:

• IMMIGRANT'S CURRENT SALARY: On my own, I meet/exceed the 125% poverty line requirement. However, there is a space to add the current salary of other adults in my household (that would be my husband, the immigrant, in this case). If I add his salary, then will he have to fill out an I-864A form as well? And is it even necessary if I already meet the threshold? 
• USCIS Online Account Number (if any): This is where I put the ACCOUNT NUMBER that appeared on my USCIS NOA1, right (starts with 005...) and is NOT my receipt number (IOE...)? Do I need to put this account number both in the ABOUT THE IMMIGRANT (HUSBAND) and the ABOUT THE SPONSOR (ME) sections? 

 

Thank you so much for any help at all!! Have a lovely Saturday.

 

[Alexsea 45]

Hello!

 

I had a quick question about the I-864 forms and which to use. My situation: 

 

• I am the only sponsor (no joint sponsors)
• I am the one who filed the i-130 form to USCIS
• There is only one immigrant being sponsored (my husband)
• I meet the 125% requirement for financial support 

 

However, on the i-864 EZ form, there is a box that you have to check in the very first step that says: "I am using my own earned or retirement income, which is documented using IRS form W-2."

 

I have lived abroad the last 5 years and am not employed by a US company and therefore do not receive a W-2. I receive a form that is very SIMILAR to the W-2 from the country I live in, but of course it is not issued by US IRS, and it is not called a W-2. I still file my taxes every year in the US with a 1040, but I use additional forms that are specifically for people employed overseas. 

 

Does this mean I should not use the i-864EZ form and should just use the regular I-864? 

 

Thank you!

[NikLR 13,227]

You cannot.  Do you live in the USA? 

[Crazy Cat 41,888]

20 minutes ago, Alexsea said:

I have lived abroad the last 5 years and am not employed by a US company and therefore do not receive a W-2.

You cannot use foreign income to sponsor your husband unless that income will continue after relocating to the US.

[Nitas_man 3,100]

Foreign income is considered (zero) for purposes of sponsoring UNLESS you are relocating to the US working for the same company and can show that your income will continue uninterrupted after you return to the US.

 

I-864 is the correct form

 

On that form there is a section where you can use assets to sponsor your spouse.  They like liquid (cash/cash equivalent) assets in the US and the minimum required is 3X the published poverty minimum income.

 

Choices if that is not possible:

 

Joint sponsor

Relocate first, establish employment, file the affidavit based on US income

Edited April 25, 2020 by Nitas_man

[Nitas_man 3,100]

Our DS-260

 

Mailing address:  Foreign

Petitioner mailing address:  Foreign
Permanent address:  US

Mailing address:  US

Checked “this is where to mail the green card to”

I-864

Unless his income will continue from the same source after US entry exclude it
 

If you report your foreign income they will also exclude yours unless you are transferring back to the US with the same company and it will continue from the same source

 

Leaves you with choice:

 

Assets

Joint sponsor

Relocate, obtain employment, spouse follows you

 

An unearned degree is “none”

 

I didnt put a USCIS online account number.  Too much work.
 

[Alexsea 45]

Okay, in this case I will continue with my original plan which was to have my parents joint sponsor with us for the financial piece.

 

And I don't currently live in the US, no, but there are lots of things people in my situation can do to prove domicile/intent to return/that the move was never permanent. I already have many of those documents gathered (drivers license renewal, permanent residence, voter records while I've been abroad, active bank accounts and statements, a declaration, record of 3 trips home a year, option to transfer with my company to the US location, etc., etc.) so I think that part should be covered.

 

I wasn't aware about the foreign money not being counted, so thank you!! As stated, I have joint sponsors lined up and they already have their tax transcripts in hand and the i-864A filled out. I was just thinking that since I do qualify on my own, maybe I would just remove them from the equation altogether. But looks like I should not!

 

Thanks again!

[Crazy Cat 41,888]

1 minute ago, Alexsea said:

I have joint sponsors lined up and they already have their tax transcripts in hand and the i-864A filled out.

I-864

[NikLR 13,227]

2 minutes ago, Alexsea said:

Okay, in this case I will continue with my original plan which was to have my parents joint sponsor with us for the financial piece.

 

And I don't currently live in the US, no, but there are lots of things people in my situation can do to prove domicile/intent to return/that the move was never permanent. I already have many of those documents gathered (drivers license renewal, permanent residence, voter records while I've been abroad, active bank accounts and statements, a declaration, record of 3 trips home a year, option to transfer with my company to the US location, etc., etc.) so I think that part should be covered.

 

I wasn't aware about the foreign money not being counted, so thank you!! As stated, I have joint sponsors lined up and they already have their tax transcripts in hand and the i-864A filled out. I was just thinking that since I do qualify on my own, maybe I would just remove them from the equation altogether. But looks like I should not!

 

Thanks again!

As you were using a joint sponsor anyhow, you cannot with the I-864ez.  

But also since your income is not continuing from the same source, it's not able to be used for the affidavit of support. 

Just now, Lucky Cat said:

I-864

Good catch! 

[Nitas_man 3,100]

18 minutes ago, Nitas_man said:

Our DS-260

 

Mailing address:  Foreign

Petitioner mailing address:  Foreign
Permanent address:  US

Mailing address:  US

Checked “this is where to mail the green card to”

I-864

Unless his income will continue from the same source after US entry exclude it
 

If you report your foreign income they will also exclude yours unless you are transferring back to the US with the same company and it will continue from the same source

 

Leaves you with choice:

 

Assets

Joint sponsor

Relocate, obtain employment, spouse follows you

 

An unearned degree is “none”

 

I didnt put a USCIS online account number.  Too much work.
 

Grrrrr i farbed that up these are exactly in order on the form

 

PRESENT address:  Foreign

MAILING address:  US

PERMANENT address: US

Permanent address:  yes green card mailed (US)

Spouses Present Address:  same as present address (foreign)

Petitioner present address:  Foreign

Edited April 25, 2020 by Nitas_man

[Ban Hammer 13,346]

duplicate topics merged.

[Alexsea 45]

4 minutes ago, Ban Hammer said:

duplicate topics merged.

Are these duplicate topics? I didn't think so! One is about what form to use and the other is a out how to answer certain questions. 😊  Sorry about that! 

31 minutes ago, NikLR said:

As you were using a joint sponsor anyhow, you cannot with the I-864ez.  

But also since your income is not continuing from the same source, it's not able to be used for the affidavit of support. 

Good catch! 

I meant that my parents, the joint sponsors, already have the i-864A filled out. And I will do the i-864! 😀

[Alexsea 45]

Also, this brings me to another question then... where it says COUNTRY OF DOMICILE on the i-864 form, should I put the country I currently live in in Europe, and provide all of my "evidence" documents of maintaining connections to the US/having the intention of returning??

 

Or should I put my country of domicile as the US from the start and use the documents I have gathered in oder to prove/defend that?

 

This is what I saw on an immigration services website:

If you live abroad but still claim a U.S. domicile, you will need to submit with your Form I-864 a written explanation and documentary evidence in support of your claim. Your claim will be successful only if you can prove either that are employed abroad by certain U.S.-related entities or that you are otherwise living abroad temporarily. 

 

Kind of leads me to believe I should write USA and then provide the evidence. Man I wish we were an open and shut case! 😖

Edited April 25, 2020 by Alexsea

[Alexsea 45]

44 minutes ago, Nitas_man said:

Our DS-260

 

Mailing address:  Foreign

Petitioner mailing address:  Foreign
Permanent address:  US

Mailing address:  US

Checked “this is where to mail the green card to”

I-864

Unless his income will continue from the same source after US entry exclude it
 

If you report your foreign income they will also exclude yours unless you are transferring back to the US with the same company and it will continue from the same source

 

Leaves you with choice:

 

Assets

Joint sponsor

Relocate, obtain employment, spouse follows you

 

An unearned degree is “none”

 

I didnt put a USCIS online account number.  Too much work.
 

Okay thanks a lot! How come it was too much work to put the USCIS Online Account Number? Does it cause a hold-up in your application? 

[Alexsea 45]

I'm sorry, all of these responses just opened a can of worms, and now there are million different questions/topics within one thread... but to add: to joint sponsors fill out I-864, I-864A, or both? 

 

I thought it was just I-864A, but on the regular I-864, I see a box for "I am the only joint sponsor" and "I am the first/second of two joint sponsors."

 

My parents live together, and file their taxes jointly. Both of them qualify for the 125% rule on their own for a household of 4 (my mom, my dad, my husband the immigrant, and myself the sponsor)... should I just have ONE of them do it? Or should I do both? As stated, they file their taxes jointly so their tax transcripts are the same. 

 

Ugh what a mess! I'm considering getting a lawyer, because our situation doesn't seem to be very textbook. But in the meantime I appreciate all of the help!