NVC I-864 and I-864a (merged threads)

[Happyt2 1]

The household includes Myself and my spouse currently,   Immigrant  will be added ( spouse's child) total 3 for household ,in filling out the I864 , I list my individual income  ( a few thousand over  125% ) and if i list household income ( which includes my  and my spouse's  income) .(we file joint taxes )  we are over 250 % ( public charge ) . the  instruction say for I-864  :If your individual annual income listed in Item Number 7. is greater than 125 percent you do not need to include any other household member’s income. form I-864A  says :may only be used when a sponsor’s income and assets do not meet the income requirements of Form I-864 and the qualifying household member chooses to combine his or her resources with the income and/or assets of a sponsor to meet the requirements.

the I864 says you do not need to ( not that you can"t ) and the I864a says may only be used when,   if I don't use her income  we will not be over the 250% public charge  rule , my spouse and I share all income and expenses , we file taxes jointly and it is her son ,I am the petitioner.  

[pushbrk 12,883]

2 hours ago, Happyt2 said:

The household includes Myself and my spouse currently,   Immigrant  will be added ( spouse's child) total 3 for household ,in filling out the I864 , I list my individual income  ( a few thousand over  125% ) and if i list household income ( which includes my  and my spouse's  income) .(we file joint taxes )  we are over 250 % ( public charge ) . the  instruction say for I-864  :If your individual annual income listed in Item Number 7. is greater than 125 percent you do not need to include any other household member’s income. form I-864A  says :may only be used when a sponsor’s income and assets do not meet the income requirements of Form I-864 and the qualifying household member chooses to combine his or her resources with the income and/or assets of a sponsor to meet the requirements.

the I864 says you do not need to ( not that you can"t ) and the I864a says may only be used when,   if I don't use her income  we will not be over the 250% public charge  rule , my spouse and I share all income and expenses , we file taxes jointly and it is her son ,I am the petitioner.  

Petitioner I-864.  Joint filing spouse I-864a.  This is standard and best practice.  Just do it.

[Happyt2 1]

IR2

 

I am filing I-864 & I-864A here is my list of supporting documents:

letter from employers

6 months paychecks 

2017,2018,2018 tax transcripts

I-864 petitioner Birth Certificate   ( us citizen)

I-864A spouse Green card ( expired ) AOS extension letter .

marriage certificate ?, both drivers licences to show we live in same residence ? .

do original documents need to be taken to interview ? 

 

[pushbrk 12,883]

7 hours ago, Happyt2 said:

IR2

 

I am filing I-864 & I-864A here is my list of supporting documents:

letter from employers

6 months paychecks 

2017,2018,2018 tax transcripts

I-864 petitioner Birth Certificate   ( us citizen)

I-864A spouse Green card ( expired ) AOS extension letter .

marriage certificate ?, both drivers licences to show we live in same residence ? .

do original documents need to be taken to interview ? 

 

Beneficiary/Applicant is Stepchild of Petitioner???

 

One current pay stub is better than a letter from an employer.  No need for six months.  Look at it and you'll see it shows Year to Date income anyway.

You'll need information from three tax returns.  Sending in more than the latest transcript is optional. 

If you are filing taxes jointly, no need for marriage certificate or driver licenses.

Yes, best practice is to take original signed FORMS to the interview.  "Documents" will be copies anyway.

[Happyt2 1]

1 hour ago, pushbrk said:

Beneficiary/Applicant is Stepchild of Petitioner???

 

One current pay stub is better than a letter from an employer.  No need for six months.  Look at it and you'll see it shows Year to Date income anyway.

You'll need information from three tax returns.  Sending in more than the latest transcript is optional. 

If you are filing taxes jointly, no need for marriage certificate or driver licenses.

Yes, best practice is to take original signed FORMS to the interview.  "Documents" will be copies anyway.

yes it is for petitioner's (my ) stepchild.

 

I am submitting  NVC so no forms to take to interview only DS 5540 if not mistaken,  I may have not been clear enough in my wording ,I was asking if child's birth certificate  , our marriage certificate ,my prior divorce papers ( do they need to be certified ?) .all have to be originals  for interview ,I understand my passport is only copy ? if  so I will DHL them, I will not be attending interview.

[pushbrk 12,883]

24 minutes ago, Happyt2 said:

yes it is for petitioner's (my ) stepchild.

 

I am submitting  NVC so no forms to take to interview only DS 5540 if not mistaken,  I may have not been clear enough in my wording ,I was asking if child's birth certificate  , our marriage certificate ,my prior divorce papers ( do they need to be certified ?) .all have to be originals  for interview ,I understand my passport is only copy ? if  so I will DHL them, I will not be attending interview.

Yes, take the original signed forms to the interview.  I-864 and I-864a.

 

Certified copies of civil documents to the interview.  No passport copy or original except the one for the visa applicant is required at this stage.  A certified copy is still a copy, not an "original".

[Happyt2 1]

1 minute ago, pushbrk said:

Yes, take the original signed forms to the interview.  I-864 and I-864a.

 

Certified copies of civil documents to the interview.  No passport copy or original except the one for the visa applicant is required at this stage.  A certified copy is still a copy, not an "original".

 I am filling out on NVC  CEAC online and submitting , are you saying I should also fill out a paper form and  sign/send for interview.

[pushbrk 12,883]

1 minute ago, Happyt2 said:

 I am filling out on NVC  CEAC online and submitting , are you saying I should also fill out a paper form and  sign/send for interview.

I think you will do the forms on paper, print, sign and upload a scan.  

[Happyt2 1]

1 minute ago, pushbrk said:

I think you will do the forms on paper, print, sign and upload a scan.  

ah ok , I just paid the fee ,waiting to get in. I thought it was like the DS 5540  online my mistake.since I am taking my time submitting because of convid , if some thing changes on I 864 ( waiting on pay raise)  before I submit ds 5540 can I delete I-864 and re upload?

[pushbrk 12,883]

3 minutes ago, Happyt2 said:

ah ok , I just paid the fee ,waiting to get in. I thought it was like the DS 5540  online my mistake.since I am taking my time submitting because of convid , if some thing changes on I 864 ( waiting on pay raise)  before I submit ds 5540 can I delete I-864 and re upload?

I don't think you can delete and upload a new one but you can take an updated set of financials to the interview.

 

[onek 306]

5 hours ago, pushbrk said:

I think you will do the forms on paper, print, sign and upload a scan.  

Can the OP digitally sign the I-864 so it doesn’t need to be printed and scanned again?

[pushbrk 12,883]

4 hours ago, onek said:

Can the OP digitally sign the I-864 so it doesn’t need to be printed and scanned again?

NO

[onek 306]

2 hours ago, pushbrk said:

NO

Are you sure? There is a law against not accepting digital signatures.  Have you seen anyone here whose documents were not accepted due to digital signature? (Not trying to hijack the thread, but  it’s relevant to what OP was asked to do).

 

The ESIGN Act granted electronic signatures the same legal status as handwritten signatures throughout the U.S. Under the ESIGN Act, an electronic signature is defined as any electronic process associated with an agreement that indicates acceptance of that agreement. The ESIGN Act:
• Provides that any law with a requirement for a signature may be satisfied by an electronic signature.
• Allows electronically executed agreements to be presented as evidence in court.
• Prevents denial of legal effect, validity, or enforceability of an electronically signed document solely because it is in electronic form.

 

 

Edited May 17, 2020 by onek

[Happyt2 1]

I-864 , 2.a asks for the principal immigrants mailing address , IR2 he is a minor , I would prefer to use my US address for the mailing address , because he is minor and the mail in his country is unreliable. Can/should I put my mailing address ( in care of my name ) in the US ? or will this confuse The NVC , since his interview will be at the embassy in his country.    

[Duke & Marie 1,389]

Using c/o you at us mailing address should be fine given he’s a minor