Final Package Applying For Green Card

Hi,

Well, she will be filing for 2007 (for the online payment she received) and we will be filing jointly not separately. The online company issue a 1099. The problem is that we will file jointly for 2007 in March or April. And I need to apply for the AOS right now.

I guess when it is time for the interview I will have the joint filing for tax return for year 2007.

Does it makes sense?
 
OK, sorry, I got confused, you're filing joint for 2007 that's fine. Do you have to wait till March/April for your 1099?

Ok so if you HAVE to apply for AOS right now, but are not ready to file 2007 taxes yet, then prepare the I-864 with 2006, 2005, and 2004 taxes. It's quite unfortunate you have no proof of your wife's 2004 filing. Contact IRS and ask if they can issue you anything for 2004. You could also gamble by leaving I-864 out of your filing and hope for an RFE (probably not a good idea), or if a question comes up about your wife's 2004 taxes in an RFE you should be ready by then to submit a new I-864 with 2005-2007 returns. Your interview should be after March/April so you can also bring an updated I-864 with 2005-2007 tax returns to your interview.
 
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Hi austriacus,

Thanks again!

I just went to this link:
http://www.murthy.com/news/n_864tax.html

Over there it says the following:

"The Department of Homeland Security (DHS) has the discretion, however, to allow the submission of only one tax return for the most recent tax year."

This can be of YEAR 2006.

It also shows that I-864 is used to provide the evidence that the sponsor will be able to support the immigrant. My wife earned well in year 2006 which is a good evidence that she can support me. Also, I have a full time job and technically don't need any support from anyone. So, in that case I can provide with my job letter and my tax returns for 2007,2006,2005. My tax return 2007 will show that my job is stable and I am in a good position.

I don't think leaving out the I-864 is a good idea. It is a required form.

Thanks
 
mazam,

the income which will be used to determine if the poverty guidelines are met is current year (2008) income. If your wife earned well in 2006 and nothing in 2007 and has no current employment, it does not satisfy the poverty line conditions.

Don't confuse the requirement to include the tax return(s) with the requirement to prove current income. They are not the same (in my opinion not even related).

The law requires that family based immigrants don't become a public charge by having their sponsors guarantee that they will keep the intending immigrant above the poverty line, in case the intending immigrants find themselves in a position where they can't provide for themselves. You'd need an affidavit of support even if you were already super rich (granted, in that case you would easily qualify by including your assets).
 
Hi,

Thanks for the reply! Since, I am the intending immigrant and my salary will be a part of the household income that will put us above the poverty limit.

I will include my income on I-864 form right after my wife's income.

Am I right?
 
Yes, if your income will continue from the same source after you become a permanent resident it can be included (and you need to provide proof of that).
 
>>>Yes, if your income will continue from the same source after you >>>become a permanent resident it can be included

I am not sure if there is anyway to say that my income will be from the same source. Maybe I get a better job after getting a green card or even with the EAD.

One of the common reasons to apply for EAD is to find better opportunities.

But anyway, thanks for all the help!
 
mazam,

as far as proving your income will continue from the same source, it will probably help if your employer letter has some language in it about intending to continue to employ you. Also, you probably shouldn't have another job already lined up if you include your current job's income but it doesn't sound like you do. I'm sure if an unforseen job opportunity comes up, it would be ok to change (as it would also be for the sponsor) and you'd provide a new I-864 at the interview.

Good luck and I'm glad to have been of some assistance!
 
Question regarding I-864W eligibility

My question is - Is my spouse eligible to file I-864W instead of me having to do the I-864. Your response is appreciated. Thanks.

ME - sponsor
Spouse - Intending Immigrant

I am going to be a US citizen next month. My spouse will file adjustment of status after I get my citizenship. He has been legally working in US on H1B for the last 8 years continously. I have accquired 36 credits under the Social Security Act while my spouse has 32 credits. We both are currently working and have been married for the last 4 years.

As per the instructions in the I-864W -

You must use this form instead of Form I-864 with yourapplication for an immigrant visa or adjustment of status ifany of the following apply:

1)You have earned (or can be credited with) 40 quartersof coverage under the Social Security Act (SSA). If youhave 40 quarters or SSA coverage, you are exempt fromthe requirement to file Form I-864. You can acquire 40qualifying quarters in the following ways:
By being credited under section 213(a)(3)(B) of theImmigration and Nationality Act with quarters workedby your spouse during the marriage or a parent duringthe time you were under 18 years of age; or
Working in the United States for 40 quarters in whichyou received the minimum income established by theSocial Security Administration; or
A combination of the above.
 
That's pretty cool, I-864W is a form I haven't seen discussed often. Let's see, here is the text from INA 213A (a)(3)(B):

Qualifying quarters.-For purposes of this section, in determining the number of qualifying quarters of coverage under title II of the Social Security Act an alien shall be credited with-

(i) all of the qualifying quarters of coverage as defined under title II of the Social Security Act worked by a parent of such alien while the alien was under age 18, and

(ii) all of the qualifying quarters worked by a spouse of such alien during their marriage and the alien remains married to such spouse or such spouse is deceased.

No such qualifying quarter of coverage that is creditable under title II of the Social Security Act for any period beginning after December 31, 1996, may be credited to an alien under clause (i) or (ii) if the parent or spouse (as the case may be) of such alien received any Federal means- tested public benefit (as provided under section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996) during the period for which such qualifying quarter of coverage is so credited.



Alright, here's my question to you, while you were married, have you received any public means tested benefit, and how many social security credits have you (the sponsoring spouse) earned during your 4 years of marriage?
 
Alright, here's my question to you, while you were married, have you received any public means tested benefit, and how many social security credits have you (the sponsoring spouse) earned during your 4 years of marriage?[/QUOTE]

Thanks for the response. During my marriage in the last 4 years, I have not received any public means tested benefit. I'm not sure how many social security credits I have earned during the past 4 years of marriage. However I checked in the SSA site (http://www.ssa.gov/retire2/credits1.htm), that mostly we earn maximum of four "credits" for each year. Hence I guess I have earned at least 9 to 12 credits during our 4 years of marriage. My spouse SSA statement states that he has earned 32 credits for all the years he has worked since he came to US.
 
saddie, if you've worked in a year and made more than approx. $4000 (I think it changes based on inflation) in that year then you get 4 credits (your SSA statement should break it down year by year), one credit for every approx. $1000. I'm not sure if you can count all credits for the first year you're married as if you've been married the whole year; I would say conservatively assume that if you've been married for more than half of the first year you can count 2 quarters, if you've been married more than for a fourth of the year you can count one, and so on. Be it as it may, looks like he can be credited with a minimum of 9 credits from you, giving him 41 credits and qualifying him to be exempt from the affidavit of support!
 
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