Marrying USC...Need help

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RANE2202

Registered Users (C)
Hi Everyone..I am getting married to USC, right now my H-1 is in process.My question is my fiance is from Santonio,tx and i heard about DORA ,Are we elible for that?.If not normal process, do we need a lawyer?How is the process? How much it will cost us?Please any info will be appreciated.
Thank you
 
RANE2202 said:
Hi Everyone..I am getting married to USC, right now my H-1 is in process.My question is my fiance is from Santonio,tx and i heard about DORA ,Are we elible for that?.If not normal process, do we need a lawyer?How is the process? How much it will cost us?Please any info will be appreciated.
Thank you
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Are you currently in the US? If yes, what visa are you on while you wait for your H1-B to be processed?

The forms and filing process is relatively simple and if your case is simple too, you wont need a lawyer. Using the services of a lawyer is your decision if you are willing to spend more money for your peace of mind.
 
Hi ari4u..Thank you for your help.I am currently on OPT,In meanwhile we want to apply for my green card.My spouse is USC but he started working this year so he doesn't have any past tax returns as he was medical student.I do have my past tax returns.Am i elible for Affidativity of support.How much income I have to in my tax returns? Could u please help?.

My EMAIL> rane2202@yahoo.com
 
RANE2202 said:
Hi ari4u..Thank you for your help.I am currently on OPT,In meanwhile we want to apply for my green card.My spouse is USC but he started working this year so he doesn't have any past tax returns as he was medical student.I do have my past tax returns.Am i elible for Affidativity of support.How much income I have to in my tax returns? Could u please help?.

My EMAIL> rane2202@yahoo.com
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You should look at I-864-P to determine the minumum income requirement in your case.

http://uscis.gov/graphics/formsfee/forms/i-864P.htm

Also, You need to file I-864A if you want your income to be considered.

If this still doesnt work, easy way is for your USC spouse to get a Joint sponsor.
 
Hi ari4u..thanks for your reply.For me to be considered in I-864A, Do we have to live together in same house, my Fiance lives in TX and i am on project working in PA.So we don't have any lease together.But we have bank statements, phone bill on both of our name.If I understood correctly..correct me if I am wrong..I can fill up I-864A form or we need somebody else?.My Fiance makes more than poverty line now..but doesn't have past tax returns.Can he still apply by himself? does he need co-sponsor?

Please help
 
In the main form I-864 explains every detail if you don't meet all the basic requirements, read the form. It explains from if you want to add your own income, plus if he doesn't has tax returns or is not enough, your husband can have a co-sponsor plus you can put assets too.

good luck,
 
RANE2202 said:
Hi ari4u..thanks for your reply.For me to be considered in I-864A, Do we have to live together in same house, my Fiance lives in TX and i am on project working in PA.So we don't have any lease together.But we have bank statements, phone bill on both of our name.If I understood correctly..correct me if I am wrong..I can fill up I-864A form or we need somebody else?.My Fiance makes more than poverty line now..but doesn't have past tax returns.Can he still apply by himself? does he need co-sponsor?

Please help
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A sponsored immigrant who is also a household member can use their income to meet the minimum income requirements. A household member is defined as a person who has been living with the sponsor at same address for atleast 6 months at the time of the interview.

In your case, the 6 month factor does not apply to you as you are living in different cities, hence you do not qualify to use your income. Since your fiance makes more than 125% of the minimum income requirement but has no tax return for the past 3 years, he could show assets or get a joint sponsor to file your affidavit of support.
 
ari4u said:
A sponsored immigrant who is also a household member can use their income to meet the minimum income requirements. A household member is defined as a person who has been living with the sponsor at same address for atleast 6 months at the time of the interview.

In your case, the 6 month factor does not apply to you as you are living in different cities, hence you do not qualify to use your income. Since your fiance makes more than 125% of the minimum income requirement but has no tax return for the past 3 years, he could show assets or get a joint sponsor to file your affidavit of support.
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Does this mean that you must meet the Income Requirement for the past 3 years. I am a US Citzen Student, I am sponsoring my Wife for a GC. I currently make over the 125% porverty level, I also did for Tax year 2004, but in Tax year 2002-2001 I did not because I was in school. Should I wait to file the I-864 until after I complete my Taxes for 2005 so I have 2 years of meeting the requirement, and 1 year I did not. Or should I ago ahead and file since I meet now and in tax year 2004?
 
Homermn2001 said:
Does this mean that you must meet the Income Requirement for the past 3 years. I am a US Citzen Student, I am sponsoring my Wife for a GC. I currently make over the 125% porverty level, I also did for Tax year 2004, but in Tax year 2002-2001 I did not because I was in school. Should I wait to file the I-864 until after I complete my Taxes for 2005 so I have 2 years of meeting the requirement, and 1 year I did not. Or should I ago ahead and file since I meet now and in tax year 2004?
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Look here...
http://uscis.gov/graphics/publicaffairs/factsheets/affaqa.htm

16. What if income tax returns have not been filed for each of the most recent 3 tax years?

A sponsor must include as many of the income tax returns for the most recent 3 tax years with the affidavit of support as he or she was required by law to file. If the sponsor filed fewer tax returns than were required, he or she should contact the Internal Revenue Service to determine how to file retroactively. If fewer than three returns were required for reasons such as less than 3 years' residency in the United States or lack of sufficient income, the sponsor should explain the reasons on the affidavit of support.
 
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