Question about i-864 and joint sponsor

M

mruk

Registered Users (C)
Hi,

I'm applying for AOS, and my wife and I have completed the I-130, I-485, I-765, and G325x2 forms.

My wife isn't working, and hence, doesn't meet the income requirements. In previous tax years, my wife is listed as a dependent on her parents tax return (1040). They were going to complete the I-864, but it appears they don't meet the 125% poverty line requirement (according to the gross adjusted income listed on their tax returns).

My cousin is a green card holder and meets the income requirements. Can he sponsor me?

At the moment, my understanding is that he can, and will need to complete the I-864 as a joint sponsor and provide me with 3 years tax returns and a recent pay stub (to send to USCIS with my application).

Am I correct in assuming that my wife also has also has to complete the I-864 (even though her income is $0) as the primary sponsor, and I have to include her parents tax returns, on which she is listed as a dependent?

Does the I-864A have to be filled in? I'm not sure about this one, and where it fits in, though I think it had to be filled in when my in-laws were going to be the sponsors.

On a side note, my 90 day visa issued under the VWP expires in the first week of November. Is there any problem with sending off my AOS so late? (ie. what happens if USCIS take a while to file it, or if there's any problem and they get sent back? Will I then be out of status and endanger my AOS application?)

Can someone also clarify exactly what I need to send. Here's what I have atm:

* I-130
* I-485
* I-765
* G325 x 8 (me)
* G325 x 4 (wife)
* 6 passport photographs of me
* 2 passport photographs of my wife (USC)
* Photocopy of my wife's SSN card and Drivers Licence
* Sealed envelope from civil surgeon with I-693
* Photocopy of marriage certificate
* Photocopy of my birth certificate
* Photocopy of my passport (page with picture + information)
* Photocopy of my wife's passport (page with picture + information)
* Photocopy of I-94 (green form, VWP) and stamp in passport

Things I need to include (but need help with, as per my post above)
* I-864 completed by my wife, with her parents tax returns for 3 years (on which she is listed as dependent)
* I-864 completed by my cousin with his tax returns for 3 years and a recent pay stub.

Is there anything else I need to send in addition to this?

Thanks. Any help is much appreciated.

MRUK
 
My understanding is that you don't work yourself, right? Otherwise you can simply use your own income to qualify.
 
encorebreak said:
Stupid question, maybe, but what's the difference between I-864 and I-134? :)
Click to expand...

I-864 Is to sponsor a Family or Employment-Based intending immigrant on the basis of Section 213 of the IN Act
I-134 is to support any other alien while in the US (i.e. exchange student, ect.)

Others can correct me if I'm wrong
 
stranger26 said:
My understanding is that you don't work yourself, right? Otherwise you can simply use your own income to qualify.
Click to expand...

I'm here under the VWP atm, so I can't legally be working, for myself or anyone else (as far as I know). Hence, the need for another sponsor (and the urgency to get everything filed as soon as possible, along with the I-765 so I can get my EAD and find a job).

Thanks.
 
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mruk said:
My cousin is a green card holder and meets the income requirements. Can he sponsor me?

At the moment, my understanding is that he can, and will need to complete the I-864 as a joint sponsor and provide me with 3 years tax returns and a recent pay stub (to send to USCIS with my application).
Click to expand...
Yes. However, only one year of returns is required (you can send 3 if you want to), and I would highly recommend to send all the W2's, 6 months of paystubs and a letter from the employer on an official letterhead, stating her income, date of hire, that employment is full-time and her position. that way you won't get any RFE's.


mruk said:
Am I correct in assuming that my wife also has also has to complete the I-864 (even though her income is $0) as the primary sponsor, and I have to include her parents tax returns, on which she is listed as a dependent?
Click to expand...
Absolutely. Even if she made zero dollars, she is your primary sponsor, and has to fill out I-864. However, I'm not sure about sending tax returns where she is listed as a dependent. I've never heard of anything like that, so maybe somebody with more knowledge on that will reply to your post.

mruk said:
Does the I-864A have to be filled in? I'm not sure about this one, and where it fits in, though I think it had to be filled in when my in-laws were going to be the sponsors.
Click to expand...
You don't have to fill it in. If your joint sponsor has any household memebrs, and wants to use their income, those household memebers need to fill out I-864A and provide the same evidence of income as the joint sponsor - W2's, paystubs, employer letters etc. However, in my experience, this I-864A only makes things complicated, so, if your joint sponsor has enough income, it's better not to even bother with I-864A.

mruk said:
On a side note, my 90 day visa issued under the VWP expires in the first week of November. Is there any problem with sending off my AOS so late? (ie. what happens if USCIS take a while to file it, or if there's any problem and they get sent back? Will I then be out of status and endanger my AOS application?)
Click to expand...
No, no problem.
 
1. Yes he can sponsor if he meets financial elgibility. He will need to provide;

most recent year of tax transcripts or return (They only require the most current year. I made all 3 years availabe just in case)

employment letter on business stationary or stamp showing how long he has been employed, his salary, his job position, his hours (full or part-time)

recent pay stub ( just one is fine)

w-2 form (recent year)

2. Your wife will still have to file I-864 since she is the petitioner
She might want to add a letter stating that she hasn't filed taxes because she doesn't have to or whatever the reason is ( ex. unemployed, disabled,
etc.)
*Your situation sounds exactly like mine .They sent us a RFE requesting a letter asking her to provide reason she didn't pay taxes). So prepare that letter just in case.

3. The tax return of parents is not needed

1-800-829-1040 IRS number to request transcripts for free (sponsor)

4. No I-864 - A is needed. That is for something else like if your cousins income wasn't enough and he had a wife who worked or someone else in the household so you are good.


Make sure you get all these things because they will send you a RFE (Request for Evidence) and that will delay your processing.

Also you should request a FEE WAIVER. It sounds like in your case it would apply.

http://www.uscis.gov/graphics/publicaffairs/newsrels/FeeWaiver03_29_04.pdf

Remember that your cousin will have to meet the requirements based on family size

5. There won't be a problem about your expired visa since you are married to USC, you will have "status pending" and are legally present in US till determination is made.
 
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encorebreak said:
Stupid question, maybe, but what's the difference between I-864 and I-134? :)
Click to expand...




6. I-864 To show that the applying immigrant has enough financial support to live without concern of becoming reliant on U.S. government welfare.

I- 134 To file a promise with USCIS to support an alien entering the United States and that the alien will not become a public charge. A separate affidavit must be filed by the sponsor for each person
 
Thanks for the advice.

I'll get my cousin to complete the I-864 and provide me with his tax returns for the past 3 years, letter of employment, recent pay stub (though I asked him about this already, and he's adamant it's not required) and W2.

My wife has completed the I-864 as well, and put all $0's in the income values, as she is not working. I think it's a good idea to also add a letter explaining why they are all $0's, and that until now, she was a dependent on her parents tax returns.

Hopefully, it'll all go painlessly... Fingers crossed!
 
If cousin is cautious about providing or revealing certain info to others, that is understandable: however he can submit the letter, his paycheck in a sealed envelope to you with a piece of tape (to ensure it has not been opened) as a way to respect his privacy. Just tell him that info will be disclosed only to the Immigration Office. At times this process can feel like an invasion of ones privacy so just be conscious of that. Kindness is a virtue ;)


Oh and
7. Cover letter for petition/application package.

Be sure to prepare one for the package. The format of your package is important. GET ALL YOUR DUCKS IN A ROW!!! :p :D :rolleyes: :) :cool: :D
 
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Thanks for the advice. I think the idea about asking my cousin to put the info in a sealed envelope is a good one :)

What would the cover letter be for? Just to say something along the lines of 'Find enclosed my documents, etc, etc, etc', or do I need to say anything more?

Thanks for the help, it's most appreciated.
 
You got the general idea. It is a requirement of the package. Here is an example:



SAMPLE OF COVER LETTER TO USCIS

John Smith
123 Main Street
City, State, Zip Code


USCIS
123 Main Street
City, State, Zip

Petioner: Name
Beneficiary: Name


Dear Sir or Madam:

Please accept this application of permanent resident by marriage to a U.S. citizen.

Enclosed is the following:

I-130
I-485
i-765
I-131 (optional)
I-693
I-864 - Affidavit of Support
325 -A (U.S. citizen)
325-A (Alien Spouse)


All required supporting documents as well. Please send all corrspondence to the address above.

Thank You

John Smith
 
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Make sure civil surgeon enclosed Vaccination record with I-693. Think it's called supplement A. We got RFE requesting this because civil surgeon screwed up.
 
After a lot of stress getting everything together, finally sent it off yesterday. Hopefully, it'll reach within the next couple of days...

Eventually, I ended up sending the following:

* Cover Letter
* I-130
* I-485
* I-765
* G325 x 2 (alien)
* G325 x 1 (USC)
* 5 passport photographs (alien)
* 2 passport photographs (USC)
* Photocopy of SSN card and Drivers Licence (USC)
* Sealed envelope from civil surgeon with I-693
* Photocopy of marriage certificate
* Photocopy of birth certificate (alien)
* Photocopy of alien passport (page with picture + information)
* Photocopy of USC passport (page with picture + information)
* Photocopy of I-94 (green form, VWP) and stamp in passport
* I-864 (USC)
* I-864 (Other sponsor)
* Other sponsor's 1040's for most recent tax year and W2's.

Hopefully this will be enough. Any ideas how long it will take until I hear something back from USCIS about what the next steps are?

Thanks.
 
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Congratulations on your filing. Did you check out the "Fee Waiver" info? You don't have to answer that if you don't want to, just wanted to make sure you had that option.

Did you get the employment letter from cuz.

It is hard to say when you will get any feedback. The I-765 should be completed within 90 days.

Have you set up your case status online for emails and update reports?
You will get 797 - Notice of Actions telling you each step. Good Luck. :)
 
Thanks. I briefly read something about the fee waiver info, but I don't think we qualified for it. Sending off nearly $800 in fees was painful though, but alas, it must be done.

I didn't send an employment letter for my cousin, as he's working on a 1099 basis. I'm hoping that the tax returns and W2's will be enough.

Good to hear the I-765 should be done within 90 days. The sooner the better... It's hard seeing my savings get depleted away while I wait for all the paperwork to get sorted out.

How do I set up my case status online for e-mail updates?

To my frustration, it doesn't appear that USPS have delivered the package yet, even though I paid extra for next day delivery. It was due to reach Mesquite, TX on Friday though the online tracking still shows it as undelivered. Maybe on Monday... fingers crossed.

My wife mentioned that she thought it had to be sent to Chicago, though from what I see, there was conflicting information. The I-130 said it should be sent to TX, and a couple of the other documents said Chicago. As I was filing everything together, and the I-130 is the actual petition, which was to go to TX, I figured it would make sense to send everything there.

What happens if it was actually meant to go to Chicago? I'm assuming this will simply introduce a small delay in the processing time, but won't have any big impact or adverse consequences. Is this correct?

Thanks!

MRUK
 
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