I-485/I-864EZ qxns for k-3/k-4

[sahara 0]

have a couple of questions regarding the AOS and I-864EZ forms.

I-485 for K-3 (ME)

1.Part 3.B...List your current husband/wife, sons and daughters...

- Our son is on K-4 visa and we are filing an I-130 petition and separate AOS for him as well. For the question, “Applying with you?”, should i check Yes or No?

I-485 for K-4 (SON)

1.Part 1...For Alien #...

-Does my dependent child and I have the same A# or do I write NONE?

2.Part 2...Application Type

What is our son's basis of eligibility? Since we are submitting his I-130 and AOS concurrently,

we don't have an approval notice for the immigrant petition yet. Should I check box h for Other basis of eligibility?

I-864 EZ

1. Though my husband is currently earning enough to satisfy USCIS income requirements, he didn't have substantial income to file taxes for years 2004-2005. We are sending a written explanation for this but what kind of evidence should we provide USCIS with? Husband was residing in a different country until 2005 and only worked part time. He was also a part-time student and did volunteer work in 2005. And should the letter be notarized?

Thanks! Hope i get a reply...

[YuAndDan 153]

Is your son already here on the K-4? If so you don't file I-130.

You cannot use I-864EZ if filing for 2 immigrants at same time, read carefully the 3 check boxes at the beginning of the form paying attention to box #3

[sahara 0]

Hi!

Yes, he's here on K-4. I read on the VJ K VISA FAQS for AOS from K3/K4 that "If the K4 has never had an I-130 filed on their behalf, this must be done now, submitted along with the AOS package." We've never filed I-130 for our son so we still need to do that...(is that right?)

As for the I-864EZ, I am the only beneficiary/intending immigrant listed on the I-130 petition. (So can we use I-864EZ?)

We are filing a separate I-130 and I-485 for our son and we are using I-864W and not an I-864EZ because he is eligible for a waiver under the Child Citizenship Act 2000 (CCA). My husband is a natural born US citizen but our child didnt acquire my husband's US citizenship due to eligibility conditions that were not met in the past.

I hope i explained it well enough to make sense...coz I am definitely getting so CONFUSED and cramming to get everything done before the fees increase... (sigh...)

Thanks again...

[Dr_LHA 3]

Is your son already here on the K-4? If so you don't file I-130.

YuAndDan - can you not answer questions any more unless you know the answer? Taking a wild guess is not helpful. Thanks. Why don't you read the FAQ that you're so fond of pointing people too?

Yes, a K-4 needs an I-130 filed for them, concurrently with the I-485.

[sahara 0]

Thanks for that clarification Dr_LHA...

...anybody out there who would like to answer my other questions?

[nuzzledark 0]

Thanks for that clarification Dr_LHA...

...anybody out there who would like to answer my other questions?

For your husbands employment, I was in a very similiar situation. In 2004-2005 I didn't make much money at all due to school and working only part-time in Italy. I simply sent them my 2006 tax returns which were well over the poverty line and a letter from my current employer. Due to my current job being full-time and making well over the poverty line the lack of money in 2004-2005 never even came up and I didn't send them anything in way of an explanation. I was prepared to explain it during the interview should it be asked, but it never was.

Hope that helps!

[sahara 0]

Thanks for that clarification Dr_LHA...

...anybody out there who would like to answer my other questions?

For your husbands employment, I was in a very similiar situation. In 2004-2005 I didn't make much money at all due to school and working only part-time in Italy. I simply sent them my 2006 tax returns which were well over the poverty line and a letter from my current employer. Due to my current job being full-time and making well over the poverty line the lack of money in 2004-2005 never even came up and I didn't send them anything in way of an explanation. I was prepared to explain it during the interview should it be asked, but it never was.

Hope that helps!

thanks for that...encouraging to hear a successful application/interview from someone who was in a similar employment situation!