A Question on 485 and another on 864. Thanks!

[a_usc]

It's that time for me - I am almost ready to file the forms for my husband. As many of you would have already been here, you would know, its time for anxiety and some nervousness too - nervous of making a mistake in the forms. The same has popped up a few questions in my mind and I would appreciate any replies from you guys out there.

1. I-864 - I had been a student assistant (part time worker) until before now and my income alone doesn't qualify, so we have included a joint sponsorer, whose income about JUST qualifies 125%. This should be okay right? What has caused me a doubt is what I read some place - it said that each sponsorer should individually qualify 125%.

2. I-485 - The application says that I-485 can be filed concurrent with I-130 or on the basis of an approved I-130 petition. I filed I-130 for my husband (for some reason, we could not file other forms at that time) in Nov 2005 and received a 797C - Notice of Action. Is this the I-130 Approval Notice? It just says "Notice Type: Receipt Notice", without a mention of any approval. A copy of this Receipt Notice would be sufficient for filing 485 and 864, right?

3. I read at couple of places that USCIS no longer requires tax returns of 3 recent years while filing 864. Is that correct? I didn't see any such notice on the USCIS website. Has someone verified this info?

Thanks ev one, for stopping by and reading, even if you couldn't answer the ques. These might sound rhetoric or have a pretty straight forward answer... but as I said, I am anxious and nervous... so please help me out here

USC

 

[a_usc]

Trying to prevent this from getting knocked off from first page... and hoping that someone would reply.

Thanks, USC

 

[rex1960]

1. I-864 - I had been a student assistant (part time worker) until before now and my income alone doesn't qualify, so we have included a joint sponsorer, whose income about JUST qualifies 125%. This should be okay right? What has caused me a doubt is what I read some place - it said that each sponsorer should individually qualify 125%.

Who can be a joint sponsor, and when is a joint sponsor allowed?
If the visa petitioner's household income is not sufficient to meet the requirements of INA section 213A and 8 C.F.R. § 213a, INA section 213A permits a joint sponsor to sign an affidavit of support, in addition to the affidavit of support signed by the visa petitioner. A joint sponsor is someone who is willing to accept legal responsibility for supporting your family member with you. A joint sponsor must meet all the same requirements as you, except the joint sponsor does not need to be related to the immigrant. The joint sponsor (or the joint sponsor and his or her household) must reach the 125 percent income requirement alone. You cannot combine your income with that of a joint sponsor to meet the income requirement.

I found this here http://uscis.gov/graphics/howdoi/affsupp.htm

 

[rex1960]

2. I-485 - The application says that I-485 can be filed concurrent with I-130 or on the basis of an approved I-130 petition. I filed I-130 for my husband (for some reason, we could not file other forms at that time) in Nov 2005 and received a 797C - Notice of Action. Is this the I-130 Approval Notice? It just says "Notice Type: Receipt Notice", without a mention of any approval. A copy of this Receipt Notice would be sufficient for filing 485 and 864, right?

My wife filed the I-130 concurrently with my I-485, so I'm not sure about your case. Anyway, the Notice of Action you received is not an approval. It simply is a receipt notice. But you have at least a receipt number (in the upper left field) you're supposed to mention somewhere in the I-485, as far as I remember. You should at least attach a copy of this I-797C.

 

[ari4u]

It's that time for me - I am almost ready to file the forms for my husband. As many of you would have already been here, you would know, its time for anxiety and some nervousness too - nervous of making a mistake in the forms. The same has popped up a few questions in my mind and I would appreciate any replies from you guys out there.

1. I-864 - I had been a student assistant (part time worker) until before now and my income alone doesn't qualify, so we have included a joint sponsorer, whose income about JUST qualifies 125%. This should be okay right? What has caused me a doubt is what I read some place - it said that each sponsorer should individually qualify 125%.

2. I-485 - The application says that I-485 can be filed concurrent with I-130 or on the basis of an approved I-130 petition. I filed I-130 for my husband (for some reason, we could not file other forms at that time) in Nov 2005 and received a 797C - Notice of Action. Is this the I-130 Approval Notice? It just says "Notice Type: Receipt Notice", without a mention of any approval. A copy of this Receipt Notice would be sufficient for filing 485 and 864, right?
I-485 can be concurrently filed if filing as the spouse of a USC. What you received is probably the receipt notice that USCIS received your I-130 and your record is in their system. You can still file I-485 based on an already filed I-130.

3. I read at couple of places that USCIS no longer requires tax returns of 3 recent years while filing 864. Is that correct? I didn't see any such notice on the USCIS website. Has someone verified this info?
It is on the USCIS website. http://uscis.gov/graphics/lawsregs/handbook/AffSupprt112305.pdf

Thanks ev one, for stopping by and reading, even if you couldn't answer the ques. These might sound rhetoric or have a pretty straight forward answer... but as I said, I am anxious and nervous... so please help me out here

USC

 

[a_usc]

Thanks! You guys are awesome!

Rex - yes, I do have a notice of action with recpt no smth like WAC-06-xxx-xxxxx and I have included a copy of this NoA. Thanks.

Ari - Thanks for that link... I tried to search it, unsuccessfully, on the USCIS, after reading somewhere on this forum that now we just need to provide one tax return.

USC