Affidavit of Support

[jarj 13]

I am now filling up the Affidavit of Support I-864EZ. On the Federal Income Tax Info, I have filed my last 3 years' tax with my spouse. It says to provide gross income on IRS Form 1040EZ. The income indicated on our 1040EZ is a combination of mine and my husband's. Do I provide that on item 6a-c? Or shall I just get my gross from my W2?

[Hank_ 9,174]

Are you completing the visa process or AOS (I-485)

Edited August 21, 2020 by Hank_

[jarj 13]

13 minutes ago, Hank_ said:

Are you completing the visa process or AOS (I-485)

Visa process

[jarj 13]

2 hours ago, jarj said:

Visa process

 

 

2 hours ago, Hank_ said:

Are you completing the visa process or AOS (I-485)

Visa for my minor child. I have processed I-130 and was approved. I am the only petitioner. Just missing the affidavit of support now.

I have filed my tax jointly with my current spouse for the last 5 years. So i'm not sure what income should I put on the I-864EZ.

[payxibka 10,047]

8 minutes ago, jarj said:

 

 

Visa for my minor child. I have processed I-130 and was approved. I am the only petitioner. Just missing the affidavit of support now.

I have filed my tax jointly with my current spouse for the last 5 years. So i'm not sure what income should I put on the I-864EZ.

Is your income alone enough to sponsor?  

[jarj 13]

1 hour ago, payxibka said:

Is your income alone enough to sponsor?  

yes

[payxibka 10,047]

7 minutes ago, jarj said:

yes

Then follow the instructions.   You put only your income that is shown on form w2

[Hank_ 9,174]

21 hours ago, jarj said:

Visa process

 

19 hours ago, jarj said:

 

 

Visa for my minor child. I have processed I-130 and was approved. I am the only petitioner. Just missing the affidavit of support now.

I have filed my tax jointly with my current spouse for the last 5 years. So i'm not sure what income should I put on the I-864EZ.

 

Ah, that ^^ explains the I-864.   You can complete the form with just yourself as long as your income is adequate to meet the poverty guidelines of the I-864P

 

Both NVC and the embassy want your tax transcript which you request from the IRS (not the 1040 form) for your most recent tax return.   (not 3 years)

 

Are you at the NVC stage now?

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/after-petition-approved/begin-nat-visa-center.html

 

https://ph.usembassy.gov/visas/immigrant-visas/family-based-immigration/the-interview/

[jarj 13]

On 8/22/2020 at 7:44 AM, Hank_ said:

 

 

Ah, that ^^ explains the I-864.   You can complete the form with just yourself as long as your income is adequate to meet the poverty guidelines of the I-864P

 

Both NVC and the embassy want your tax transcript which you request from the IRS (not the 1040 form) for your most recent tax return.   (not 3 years)

 

Are you at the NVC stage now?

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/after-petition-approved/begin-nat-visa-center.html

 

https://ph.usembassy.gov/visas/immigrant-visas/family-based-immigration/the-interview/

Only now that I am able to sit and work on this. 

 

Yes I am at the NVC stage now and I am really confused.

I feel like we qualify under the Child Citizenship Act of 2000. Therefore, I do not need to file an affidavit of support. 

[Hank_ 9,174]

7 hours ago, jarj said:

Only now that I am able to sit and work on this. 

 

Yes I am at the NVC stage now and I am really confused.

I feel like we qualify under the Child Citizenship Act of 2000. Therefore, I do not need to file an affidavit of support. 

Child must enter the USA 1st .. that means completing the visa process, and part of the visa process is Affidavit of Support.

 

One parent is a USC?     

 

A child who enters the United States on an IR-4 or IH-4 visa (to be adopted in the United States) will automatically acquire U.S. citizenship when the adoption occurs in the United States. The adoption must happen before the child’s 18th birthday and the child must meet the other requirements of Section 320 of the Immigration and Nationality Act.

Applicants may submit one of the following documents as evidence the adoption was finalized in the United States:

• a certified copy of a full and final adoption decree issued in the United States;
• a court order issued in the child’s state of residence recognizing the foreign adoption;
• or a statement from a competent authority (such as a court or state agency that oversees international adoptions) that the child’s state of residence in the United States does not allow re-adoption (following an adoption performed abroad).

 

 

Section 320 of the Immigration and Nationality Act (INA 320) provides that children acquire U.S. citizenship if they satisfy certain requirements before age 18 which include:

• Have at least one U.S. citizen parent by birth or naturalization
• Be admitted to the United States as an immigrant for lawful permanent residence
• After admission to the United States, reside in the country in the legal and physical custody of a U.S. citizen parent
• If the child is adopted, his or her adoption must be full and final so that the adoption process is legally complete and fully recognized by the U.S. state where the child is residing.

If you and your child reside outside the United States, your child may apply for a certificate of citizenship through U.S. Citizenship and Immigration Services (USCIS) under Section 322 of INA 322 and take an oath of naturalization to complete the child's citizenship acquisition. This includes children of U.S. government employees and members of the armed forces who live abroad with parents stationed outside of the United States. To acquire U.S. citizenship under INA 322, you must demonstrate to USCIS your child meets certain requirements before age 18 which include:

• Have at least one U.S. citizen parent by birth or naturalization
• Have a U.S. citizen parent who has been physically present in the United States for a total of at least five years, at least two of which are after age 14. If the child's U.S. citizen parent cannot meet the physical presence requirement, one of the child's U.S. citizen grandparents must meet it.
• The child lives abroad in the legal and physical custody of the U.S. citizen parent and is temporarily present in the U.S. pursuant to a lawful admission and is maintaining that lawful status.

 

https://travel.state.gov/content/travel/en/Intercountry-Adoption/adopt_ref/adoption-FAQs/child-citizenship-act-of-2000.html

Edited August 26, 2020 by Hank_