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lecht008

Forms I-130 and I-864

By lecht008 in Adjustment of Status from Work, Student, & Tourist Visas

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lecht008 Contributor

lecht008   8

Posted
Filed: K-1 Visa Country: Peru
 Timeline
Posted

On form I-130, Part 5, question 1, it asks if I have ever filed a petition for this alien before.  I have filed 129F for my wife because we originally were waiting on a fiancee visa for her, but since she was visiting me in the US, we decided to get married and go for AOS.  Do I answer no or yes for this question (because of the 129F?)  We consulted an immigration lawyer before getting married and I asked him about this question and he said no:  "That question generally refers to immigrant petitions, and though the consulate treats an I-129F as a ‘quasi’ immigrant petition, USCIS treats it mainly as a nonimmigrant petition. Basically, what they’re asking you there is if you’ve ever sponsored someone before for a green card, which is limited to forms I-130 & I-140. So you would answer no."  I just wanted to ask to see if anyone thought differently. 

 

For form I-864, part 6, question 25, there is a box that says "I've attached evidence that I didn't have to file taxes..."'  For 2018 I didn't have any income (I did, but it was below the IRS threshold) so I didn't file taxes.  What evidence could I send to show I didn't need to file taxes?      

 

Crazy Cat Grand Master

Crazy Cat   42,514

Posted
Filed: Citizen (apr) Timeline
Posted (edited)

1.  The answer is yes .  Your attorney is incorrect because it says "THIS alien or any other alien"....the result is "withdrawn"

2.  You can write "Income below filing threshold" on the I-864.

 

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Edited by Lucky Cat

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payxibka Grand Master

payxibka   10,047

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
14 minutes ago, lecht008 said:

Thanks!  Just to be sure, the form asks me to attach evidence.  Should I just attach a piece of paper that says "income below filing threshold" and that's it? 

I864 is not submitted with the petition.   

YMMV

payxibka Grand Master

payxibka   10,047

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
1 hour ago, lecht008 said:

Are you sure?  I know this is in the K1/K3 AOS forum but I would assume it applies here

 

When you are adjusting status,  which is via the I-485,  then it goes with that application not the i130 petition 

YMMV

 
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