h1b marrying USA

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yns5929

Registered Users (C)
I am on h1b visa since last 3 years and got married a month ago to US citizen girl. She used to work but after marriage she moved to my city and quit her job. Her income till july is not sufficient ( not above 125% of poverty line). So what are the alternative does i have?

- Can i include my income ( which is good enough for 125%) ? If yes, what document do i need to submit with I-864?
- Can I include her parent's income though they are not leaving with us? If yes, what document do i need to submit with I-864?

Thanks,
Yogesh
 
yns5929 said:
I am on h1b visa since last 3 years and got married a month ago to US citizen girl. She used to work but after marriage she moved to my city and quit her job. Her income till july is not sufficient ( not above 125% of poverty line). So what are the alternative does i have?

- Can i include my income ( which is good enough for 125%) ? If yes, what document do i need to submit with I-864?
Yes. You need to fill Form I-864A and submit your federal tax returns for the previous three years provided you meet/exceed the 125% requirement for all the three years. Dont forget: Your spouse should file I-864 even if she does not meet the 125% requirement.
- Can I include her parent's income though they are not leaving with us? If yes, what document do i need to submit with I-864?
If your income is enough to meet 125%, then you dont need a joint-sponsor.

Thanks,
Yogesh
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Pl search for affidavit of support and I-864 in the forum. Much has been discussed.
 
Does 6 months rule apply

Do we have to be staying together for 6 months before i show my income? do we have to have filed joint tax return? We have been married since one month only.
 
yns5929 said:
Do we have to be staying together for 6 months before i show my income? do we have to have filed joint tax return? We have been married since one month only.
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I missed the part from your first post where you mentioned you are married only for a month now. YES, In order for income from spouse/household-member to be used to meet the 125% requirement, the spouse/household-member should have shared same residence with sponsor for atleast 6 months at the time of the interview. Joint tax return probably would help you during the interview to show proof of joint financial responsibility. You could get a joint sponsor in your case or file after 6 months to qualify to use your income.
 
It is mentioned in your post we have to living together for 6 month at TIME OF INTERVIEW. So, if I file right now with my income and at the time of interview (which will be after more than 6 months or so ) we will have joint return.

Can I do that or it is advisable to have sponser right now?

Do I have to send tax returns right now or we need to take at time of interview?

- Do i need to do medical right now and send 693 form ?

Thanks for your information,
Yogesh
 
yns5929 said:
It is mentioned in your post we have to living together for 6 month at TIME OF INTERVIEW.
I take back what i said. Though the I-864 only mentions 6 months, it does not say explicitly if you should have lived together for 6 months at the time of the interview or at the time of filing the application. If you search online, you would find a few immigration sites which assume it applies at time of the interview and some sites assume it applies at the time of filing. The actual decision depends on the adjucating officer and they might or might not be satisfied with your eligibility criteria. In my case, I assumed the 6 month criteria applies at the time of filing when i filed my applications.


So, if I file right now with my income and at the time of interview (which will be after more than 6 months or so ) we will have joint return.
Joint return is not a main criteria for filling the I-864. It would be needed during your interview to prove joint responsibiliities. Main criteria for I-864 is sponsor needs to be over the 125% income requirement to qualify.

Can I do that or it is advisable to have sponser right now?
Advisable to get a joint sponsor. Dont take chances.

Do I have to send tax returns right now or we need to take at time of interview?
You should send all documents that serve as evidence of income with the I-864. If you miss out, you will get an RFE asking for them.

- Do i need to do medical right now and send 693 form ?
Yes. You would be sending your application package to the lock box and you would include your I-130, I-485, I-864, I-693 and supporting G-324A
Thanks for your information,
Yogesh
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1. When the sites say about by the time of interview they are making reference on Consular processing, when is at the time of filing is for Adjustment of Status (within US). On Consular Processing you must have your I-864 by the time of interview as difference in Adjustment of Status you should send all your documentation by the time of filing. A little confusing.

2. It is my understanding that you cannot use your income to sponsor yourself, just dependants. And to qualify as a household member you must live together at least 6 months or be listed in the tax return of the sponsor for at least the last recent year.
http://immigration.about.com/library/blaffsupp.htm

3. Since you are just marry one month you don't apply, so your wife should file an Affidavit of Support (even she didn't make the 125%), by law the petitioner must file an Affidavit of Support. Then you must use a joint sponsor that should have an income above 125%.

4. It is suppose that since you are married you are going to live together so by the time of your interview you will be together and probably more than 6 months together.And you should keep your tax returns together if you will have it in the future, pictures, all that. You must proof by the time of the interview (many months from now) that your marriage is bona fide. There are many threads about it in this forum.

5.Check at www.uscis.gov for the forms that you must submit for your AOS packet. Read carefully all the instructions before filing and even read the little letters.
The affidavit of support and medical should be submitted all together because is part of your adjustment of status packet. If you fail to do so, you will get a RFE (request for further information) and anyway you will have to send it.

6. For your records is wise and recommended (even by the USCIS) that you must keep copy of the forms you sent, plus your supporting documents.

Good luck,
 
cherr1980 said:
1. When the sites say about by the time of interview they are making reference on Consular processing, when is at the time of filing is for Adjustment of Status (within US). On Consular Processing you must have your I-864 by the time of interview as difference in Adjustment of Status you should send all your documentation by the time of filing. A little confusing.
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Cherr, This is from the instruction for the I-864.

A ''household member'' is any person sharing a residence with the sponsor for at least the last 6 months who is related to the sponsor by birth, marriage, or adoption.
A ''sponsored immigrant/household member'' is a sponsored immigrant who is also a household member.

It only mentions 6 months, but does not explicitly say if you should have completed 6 months when you submit your form or when you attend your interview.

cherr1980 said:
2. It is my understanding that you cannot use your income to sponsor yourself, just dependants. And to qualify as a household member you must live together at least 6 months or be listed in the tax return of the sponsor for at least the last recent year.
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He could use his income to meet the minimum income requirement provided he has lived with the sponsor for atleast 6 months. A lot of people here including me have done that. All that is needed is the I-864A be filled by him and tax returns from last 3 years submitted.
 
documents..

One last thing.. (Hopefully.. )

Do I need to send all the documents in originals or copies? I mean tax returns.. etc..

My company has already filed GC and it is in queue of state labor certificate... should i mention that in the application and should i close that application or i can do processing in parallel?

Thanks,
Yogesh
 
yns5929 said:
One last thing.. (Hopefully.. )

Do I need to send all the documents in originals or copies? I mean tax returns.. etc..
Copies. Optionally you can submit tax transcripts from IRS
My company has already filed GC and it is in queue of state labor certificate... should i mention that in the application and should i close that application or i can do processing in parallel?
When filing I-485, Part 3 would ask you: Have you ever before applied for permanent resident status in the U.S.? You explain your situation in that section. Only one application would be approved. The other one would be automatically denied

Thanks,
Yogesh
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Okay I couldn't check that out more carefully since I don't have in this computer adobe acrobat and can't dowloaded (Im in a gov building) so couldn't read it, I just looking around on the internet, I will wait to get home to check all that out again. You know how I am about READ instructions...so it wasn't entirely my fault :)

Thanks Ari4u!
 
cherr1980 said:
Okay I couldn't check that out more carefully since I don't have in this computer adobe acrobat and can't dowloaded (Im in a gov building) so couldn't read it, I just looking around on the internet, I will wait to get home to check all that out again. You know how I am about READ instructions...so it wasn't entirely my fault :)

Thanks Ari4u!
Click to expand...

Yea Yea :p
 
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