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FAQ

What do I do next in order for my I-864 document to be accepted?
You may want to speak with a lawyer for help in responding to this; the case won’t move forward until they’re satisfied.This information is being requested from the primary sponsor of a family-based petition, to ensure that sufficient financial support is available for the sponsored individual such that they won’t be subject to the “public charge” ground of inadmissibility - the requirement that a sponsored foreign national not be permitted into the US if they will require certain forms of public financial assistance.The sponsor of the petition is required to complete an I-864 even if they can’t currently meet the income or asset requirements. Required income of 125% of federal poverty line for a household of their size - the table is available here: https://www.uscis.gov/sites/defa... and household size includes yourself, dependents and the person sponsored. without income, a sponsor can meet the requirements by showing assets of three times the income requirement for a spousal or minor child case and five times for any other relationship.If you can’t meet the income or asset requirement, you still need to complete and sign the form - but you also need a joint [financial] sponsor who does meet the requirements for a household of their own size. You can find more info on joint sponsorship here: When Joint Sponsorship is NeededEven with your own affidavit and a joint sponsor’s (which includes that person’s tax returns and W-2 forms, or proof of assets), you may be asked why you haven’t filed tax returns and should submit a cover leter explaining that you don’t work and haven’t filed taxes because not required to (didn’t meet the income threshold for the required year). You can provide the table at the top of the second page here: https://www.irs.gov/pub/irs-pdf/... to show the income requirements for filing.Again, I recommend speaking with a lawyer.
We have joint sponsor with adequate documentation.Will they deny our case if my wife failed to provide last year taxes for 1864 form?
If she is the sponsor listed in the I-864, she needs to include a photocopy of her last year’s tax return, as stated in item 18.a. If you are the sponsor, your copy is required. If you are jointly sponsoring, you both need copies. When it says MUST, it’s a must. It’s pretty clear: https://www.uscis.gov/sites/defa...If you need help completing the form, ask the applicant’s attorney.
Can you file for I-130 (immigrant visa for spouse) without any tax history?
Yes. The I-130 relative immigration petition itself does not require any tax information. A petition for a spouse only requires evidence of your US citizenship or permanent residency, your marriage certificate, and evidence of your bona fide marriage.Later in the immigration process, for your spouse to actually get permanent residency on the basis of this petition, he/she will need to either apply for Adjustment of Status in the US or do Consular Processing abroad for an immigrant visa, and either of these applications will require you, the petitioner, to file an I-864 Affidavit of Support.The I-864 will require you to attach a copy of your most recent year’s tax return, and provide the “total income” number from your tax returns for the last 3 years. However, it is okay if you didn’t file a tax return for some or all of the last 3 years because you were not required to file (because your income was below the threshold for needing to file). The instructions tell you to put “N/A” and attach a statement in that case.For the I-864, you will need to have a current household income that meets a certain level. That you were not required to file a tax return in some past years because your income was too low in those years does not mean that your current income is not enough. If your current income is enough, then it should be sufficient. If not, you can use assets to fill the gap, or find a “joint sponsor” whose current household income is enough to also fill out a second I-864 for the immigrant. (However, you, the petitioner, must still fill out an I-864 and provide the information required even if there is a joint sponsor.)
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Hello Evan: Here is the info from my web page:Green Card Through Marriage | Immigration LawyerThe Petitioner is the U.S. citizen:Once the couple is married, the following package needs to be filed with USCIS:U.S. spouse needs to file:Petition for Alien Relative on Form I-130;Affidavit of Support, Form I-864;Foreign spouse needs to file:Application to Register Permanent Residency or Adjust Status, Form I-485;Application for Employment authorization (Form I -765);Application for Advance Parole (Form I-131)Forms G-325, Biographic InformationDependent children (unmarried children under 21 years old) shall be indicated in Form I-485.Documents Needed To Get a Green Card Through MarriageThe petitioner’s proof of citizenship, such as a passport or certified birth certificate;Certified marriage certificate (make sure it is not a marriage license);Certified copies of prior divorces if applicable;Foreign national’s birth certificate with the corresponding translation;Passport size photos;Evidence of bona fide marriage!!!Most recent tax return, W-2 or 1099 forms, and the most recent pay stubs for sponsor;Filing fees.Evidence of Bona Fide MarriageProof of prior communications (printouts). Don’t limit yourselves to just e-mail and chat. Use postcards, greeting cards, overseas calls;Receipts, passport with travel stamps, boarding passes, credit card charges, money transfers;Lease in both names;Joint Bank account statements are strong indications of a relationship;Life insurances, health insurances;Pictures of your wedding and other family events; include your parents in the pictures;Birth certificates of children born to you;Affidavits (statements under the oath) of your relatives/friends that they know about your relationship.Be ready to answer questions about the evidence you have provided to USCIS at the immigration interview.Once approved, a foreign national will get a conditional permanent resident card, which will be good for two years. 90 days prior to two year’s expiration, the foreign national shall fileForm I-751, Petition to remove the conditions on residence. The conditional green card will be automatically terminated if the request to remove condition is not timely filed. Once the condition is removed, the foreign spouse will get a permanent residency and 10 year green card.Good luck!
My divorced uncle applied for the K-1 fiance visa.. what kind of documents are needed when going to the embassy for interview?
Prior to his embassy interview, the embassy will send him an email or letter with a checklist on what to bring to the interview. Have him double check this checklist as the lists are not the same for each embassy. There are embassy specific item requirements.Below is a common list of checklist items accross all embassies.U.S. embassy interview appointment confirmation.DS-160 Non-Immigrant Visa Application (DS-160) Confirmation Page.Unexpired passport valid for six months beyond the intended date of entry into the United States.Four 2? x 2? passport photos of the intending immigrant.Medical report envelope if the medical facility gave to hand carry to the interview.Police clearance from intending immigrant’s country and other countries, if required.Visa application payment receipt.Birth certificateAffidavit of Support (I-134 in most embassies or I-864 if the particular embassy required that one instead).Financial Documents of petitioner (and joint sponsor, if applicable) including either the latest tax year tax return transcript or itemized tax return. You can provide the last 3 years also optionally. Also, include W2, 1099, Form 2555, or other statements showing income received depending on the sponsor’s income situation.If using joint sponsor, the joint sponsor’s proof of US citizenship or lawful permanent residence.Documentation showing that the income is current including recent pay stubs or employment confirmation letter.Military Records of intending immigrant, if applicableCriminal Records of intending immigrant, if ApplicableProof of relationship including photos, chat or call logs.Translations, if any documents are not in English.Other Embassy Specific Requirements listed on specific embassy checklistAgain, READ the actual checklist from the embassy to confirm exactly what is required for the specific embassy. For example, the US embassy in Manila Philippines requires a document called a CENOMAR (Certificate of No Marriage) for the intending immigrant, issued by the Philippine government, that other embassies do not require.His divorce papers would have been required with his I-129F petition, so the embassy will have those.I write free information and articles on the US fiancé and spouse visa processes along with adjusting to new life in the USA on my website and blog. See my website and blog in my biopage.
How do I get my husband here in America? I don’t meet the income requirements for sponsorship. Will they consider me getting a second job? How long do I have to be on that job? What is the step by step process?
The first step is to file a Petition Your husband Form I-130, with the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) for your spouse (husband or wife) to immigrate to the United States. For instructions on how to file a petition, including where you should send the petition, see the USCIS website.As a U.S. sponsor/petitioner, you must maintain your principal residence (also called domicile) in the United States, which is where you plan to live for the foreseeable future. Living in the United States is required for a U.S. sponsor to file the Affidavit of Support, with few exceptions.After filing the I-130 petition, your spouse will be eligible to apply for nonimmigrant K-3 visa. This visa will allow your spouse to live and work in the U.S. while the permanent resident petition is pending. In this case, you will need to file form I-129F on behalf of your non-citizen spouse, after filing form.If you and your spouse have been married for less than two years at the time your spouse’s permanent residency is approved, he or she is considered a “conditional permanent resident”.To remove this condition, you and your spouse should apply together using form I-751, “Petition to Remove Conditions on Residence”. It’s critical that you file the petition within the 90 days before the conditional residency expires.There are some documents that you need to include with your I-751 joint petition, that will help you prove the authenticity of your relationship, and therefore, remove the conditions on your spouse’s residence:1.Birth certificate(s) of the child or children you’ve had together.2.Lease or mortgage contract of the house you share and/or own.3.Financial records of joint bank accounts.4.Any other documents that you consider necessary to prove that your relationship is legitimate.Affidavit of support I-864Meeting the income requirement is one of the most important factors that USCIS uses to determine eligibility for a visa or green card. It can be very stressful when the US citizen is either unemployed or just doesn’t make enough money to meet this requirement. Don’t worry though, you can still get a green card as long as you can find a cosponsor to help meet the income gap.A cosponsor (sometimes called a joint sponsor) is someone who is a US citizen that makes enough money for their household size plus the intending immigrant. The cosponsor doesn’t need to be a family member, but they will be asked to provide very personal financial documents to the US government.s form is a contract between a sponsor (US citizen) and the U.S. Government promising to support your immigrant spouse financially. Sound scary? It’s one of the grounds of inadmissibility which all applicants for a green card must meet. USCIS doesn’t want to allow people who will be fully dependent on the government for their livelihood which then fall on the backs of tax payers.Completing and signing this form makes you the sponsor (or cosponsor). You must show on this form that you have enough income and/or assets to maintain the intending immigrant(s) and the rest of your household.Sometimes you just don’t make enough money to meet the income requirement which is 125% of the poverty guideline. In this case, you’re allowed to use assets to help fill in the gap. Assets are only considered if they are liquid and available quickly. This can include cash, savings, investments, rental real estate and so on.However, you won’t be able to use your personal residence (unless you have already sold it for cash) or retirement accounts. These are not considered liquid enough to convert quickly into cash.The US citizen agrees to use their resources to support the intending immigrant(s) named in the form.Once the form I-864 is submitted, the sponsored immigrant becomes ineligible for certain Federal, State, or local means-tested public benefits, because an agency that provides means-tested public benefits will consider the US citizen’s resources and assets as available to the sponsored immigrant in determining his or her eligibility for the program.If the immigrant sponsored in this affidavit does receive one of the designated Federal, State or local means-tested publicbenefits, the agency providing the benefit may request that you repay the cost of those benefits.That agency can sue the US citizen if the cost of the benefits provided is not repaid. Not all benefits are considered to be means-tested public benefits.Many Americans are self employed or contractors that are 1099 workers. This means that they are responsible for filing their taxes quarterly to the IRS and are not considered an employee. The same rules apply to self-employed sponsors as their employed counterparts but what many fail to do is report all of their income.Anyone who has worked for themselves understands that you want to minimize your income by including all of your business expenses but this can backfire when it comes to sponsoring a relative. USCIS will use your taxable income when they calculate the minimum requirement. So, if you are trying to minimize your taxable income this can equate to not meeting the income requirement in the eyes of USCIS.You have to show that you can support the immigrant spouse and that your income is 125% above the poverty line. If you are currently self-employed, a copy of your Schedule C, D, E or F from your most recent Federal Tax Return which establishes your income from your business can be submitted.If finding a cosponsor or using assets isn’t possible, you may need to deduct less expenses on your taxes so you can show you made more money. This is a catch-22 that many self employed sponsors face and it’s similar to circumstances you face when trying to get a home loan.A joint sponsor can be any U.S. citizen, U.S. national, or lawful permanent resident who is at least 18 years old. A joint sponsor does not have to be related to the petitioning sponsor or the intending immigrant. You can ask a friend, cousin, coworker and just about anyone else that makes enough money.The tough part is getting them to agree to be a cosponsor and divulge their financial life to you and the US government. Remember, once you sign the I-864 you are on the hook for any means-tested benefits that foreign immigrant applies for. I’ve heard of rare cases where the US government actually sued the sponsor under the terms of the I-864.Although a lawsuit brought by the US government is very rare, it is still possible.If the first joint sponsor completes Form I-864 but still doesn’t meet the income requirement for their household size, a second qualifying joint sponsor will be required to sponsor the remaining family members. Interestingly, USCIS also allows you to use the income assests of the beneficiaries , but there are some strict requirements for this option.There can be no more than two joint sponsors. A joint sponsor must be able to meet the income requirements for all the persons he or she is sponsoring without combining resources with the petitioning sponsor or a second joint sponsor.Any dependents applying for an immigrant visa or adjustment of status more than 6 months after immigration of the intending immigrants must be sponsored by the petitioner but may be sponsored by an original joint sponsor or a different joint sponsor.Vinay Bargat;""