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I-864 at NVC - MANY PROBELMS I NEED YOUR HELP PLEASE!

I-864 Affidavit of Support

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Old 02-07-10, 08:29 PM   #1
lawoo92lawoo92 is offline
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I-864 at NVC - MANY PROBELMS I NEED YOUR HELP PLEASE!

hi how are u? im new here
so i recieved a letter from the NVC that my affiliate of support wasent filled out correctly, one year later b/c i had to finish the ds230 forms
anyways i have to send tax papers for 2009 now and for the income should i put the 2008 which i put for the old forms or 2009 now(becuase the old ones have 2008 when only about 4 questiones were filled out incorrect)
now also i had to fill out two affiliate of support because i needed a joint sponser now his papers he would be considered the second of two becuase im the petinitoner?
and for part three does he check no because in parenthess it says only in cases with two joint sponsers?
and finally for 1-864A the contract with the sponser both my husband have to fill it out and my joint sponsers wife but now when it says relationship does the joint sponsers wife put her relationship that she is the spouse or she puts that shes my bother-in-laws-wife?beause i dont no if its all about me or him?
oh also i need him and his wife to provide a pay-stub or a recent job letter. can u tell me what is a pay-stub and how to atain both of them? they both are u.s. citizens and live in the u.s. like me
im very sorry for writting to much im just panicing so much because this case is very important to me and im afraid to do anything wrong its just i have been waiting since 1998 for it
please can someone help me?
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Old 02-08-10, 05:30 AM   #2
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You can't use 2008's income on 2009's taxes. Your joint sponsor(s) should know what a w-2 is if they work in the US.
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Old 02-08-10, 10:51 AM   #3
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Quote:
Originally Posted by lawoo92 View Post
now also i had to fill out two affiliate of support because i needed a joint sponser now his papers he would be considered the second of two becuase im the petinitoner?
There is only 1 joint sponsor.

Quote:
Originally Posted by lawoo92 View Post
and for part three does he check no because in parenthess it says only in cases with two joint sponsers?
There is only 1 joint sponsor.

Quote:
Originally Posted by lawoo92 View Post
and finally for 1-864A the contract with the sponser both my husband have to fill it out and my joint sponsers wife but now when it says relationship does the joint sponsers wife put her relationship that she is the spouse or she puts that shes my bother-in-laws-wife?beause i dont no if its all about me or him?

Are you really the petitioner? Or is your husband the petitioner? Who is applying for a visa, you or your husband?


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Old 02-08-10, 04:44 PM   #4
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oh sorry if i confused some
im the petintoner and the case is for my brother in syria
my husband had to fill out the affiliate papers with me becasue i dont work so we had to put his salary even though he is unemployed

and the affiliate papers were filled out in 2008 and i handed 2007,06,05 taxes
and now they want 2008 taxes because one year. and i havent done 2009.
hope that makes things clearer
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Old 02-08-10, 05:13 PM   #5
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Quote:
Originally Posted by lawoo92 View Post
oh sorry if i confused some
im the petintoner and the case is for my brother in syria
my husband had to fill out the affiliate papers with me becasue i dont work so we had to put his salary even though he is unemployed

and the affiliate papers were filled out in 2008 and i handed 2007,06,05 taxes
and now they want 2008 taxes because one year. and i havent done 2009.
hope that makes things clearer

So it sounds like you and your husband will do an I-864A, and your joint sponsor and his wife will do an I-864A. In both cases the household member is the spouse of the sponsor or joint sponsor.

If you and your husband combined do not have sufficient financial resources, so you need a joint sponsor, why are you going to the trouble of using your husband as your household member? It's doing no good, providing no value, so why do it?

Does your joint sponsor need to use his wife as his household member in order to meet the financial requirement? He does not meet the requirement on his own?

A paystub is a piece of paper attached to a pay check that summarizes the gross pay, the decuctions for taxes, benefits, etc. and the net pay. It usually shows the information for the current pay period and year-to-date.


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Old 02-08-10, 05:20 PM   #6
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oh okay thankyou
no my husband is unemployed now and i asked his brother because i needed more money but him and his wife make about 38,000 and we make about 28,000 im pretty sure thats good enough its just we needed him b/c he is unemployed now and they might not take it
thanks for your help im going to try filling out the papers and send them to him as soon as possible
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Old 02-09-10, 04:02 PM   #7
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OK. You are petitioning for your brother in Syria.

Do YOU work? Is that the $28,000 you refer to as "we make $28,000"? If "we make" $28,000, and your husband doesn't work, it means YOU earn that much per year. Is that right?

I see your husband does not work right now, so no need for him to do an I-864A.

How many people are immigrating? At your income of $28,000, you can have a household of 4 people (you, your husband, your brother...and if he's married, his wife). If it's just your brother immigrating, you are above the poverty level for a household of 3 and don't need a joint sponsor. If your brother has a wife AND kids, then yes, you need a joint sponsor.

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Old 02-09-10, 04:08 PM   #8
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yes he is married and has two kids so its for four people
and my husband made the 28,000 from his job in 2008 he just was unemployed in 2009

also last question
in i-864 they want CURRENT INDIVIDUAL ANNUAL INCOME: is that just jan & feb of 2010 b/c thats wht the operator said at NVC but i don think thats correct and same question in the affiliate of support part 6 question 23
should i put just wht they made in 2010 or the entire annual income for 2009, b/c 2010 just started
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Old 02-09-10, 04:36 PM   #9
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Quote:
Originally Posted by lawoo92 View Post
in i-864 they want CURRENT INDIVIDUAL ANNUAL INCOME: is that just jan & feb of 2010 b/c thats wht the operator said at NVC but i don think thats correct and same question in the affiliate of support part 6 question 23
should i put just wht they made in 2010 or the entire annual income for 2009, b/c 2010 just started

Current income is what a person is earning today. It should be expressed on an annual basis. If a person is currently unemployed their current annual income is $0.


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Old 02-09-10, 04:58 PM   #10
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Quote:
Originally Posted by lawoo92 View Post
yes he is married and has two kids so its for four people
and my husband made the 28,000 from his job in 2008 he just was unemployed in 2009

also last question
in i-864 they want CURRENT INDIVIDUAL ANNUAL INCOME: is that just jan & feb of 2010 b/c thats wht the operator said at NVC but i don think thats correct and same question in the affiliate of support part 6 question 23
should i put just wht they made in 2010 or the entire annual income for 2009, b/c 2010 just started

The US Embassy looks at income earned in the last three years as an indicator of the current and future income of the person filing the Affidavit of Support (AOS). Future income is what they look at to see if the sponsors will be able to support the intending immigrants. Since your husband has lost his job, the past tax returns will be of little value in showing his current income.

Your husband filing as a family member is useless because he has no current income. His past income will not support the intending immigrants if they can't support themselves. His current and future income is what is important, and right now, he has none.
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Old 02-09-10, 07:44 PM   #11
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well no he recieves unemployment benifits so he gets his similar income from before
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Old 02-09-10, 07:44 PM   #12
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so as of right now put the income for 2010 for jan and feb correct?
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Old 02-10-10, 12:35 AM   #13
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well no he recieves unemployment benifits so he gets his similar income from before

Unemployment benefits are for limited duration. It ends at some point not too far in the future. It is not a good indicator of steady income for the future.
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Old 02-10-10, 10:51 AM   #14
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Here is your scenario:

YOU are the sponsor. YOU have zero income. This is what you put on your I-864.

Your husband might be getting unemployment benefits, but it's not enough to meet the criteria to sponsor 4 immigrants. So no need to include his unemployment income on your I-864, since it won't qualify you anyway.

So YOU do one I-864, showing zero current income.

Your joint sponsor does a separate I-864, showing income as it pertains to their own scenario, for their own household size, plus 4 immigrants.

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Old 02-10-10, 11:25 AM   #15
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Quote:
Originally Posted by lawoo92 View Post
well no he recieves unemployment benifits so he gets his similar income from before

Quote:
Originally Posted by lawoo92 View Post
so as of right now put the income for 2010 for jan and feb correct?

Not correct. You would put the January and February income as if it were to continue for an entire year. Current income expressed on an annual basis.

But, as others have pointed out, unemployment benefits are like a temporary job - the income will end in a relatively short period of time and so is not helpful for the I-864.


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Old 02-10-10, 01:02 PM   #16
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yes i understand that i filled out a 1-864 for him and a joint sponser he has like 2-3 more months on unemployment and is looking for a job. so i finished the other forms but i just have another question
for the joint sponser for his 1-864 part 5 (sponser's household size) for a i put 4 because he is doing it for four people and for questions b-g he has a total of 4 on h. household size he must put 4 or 8 because he has four people living in his house including him?
and now for part 6 question 25 total income does that number come from the W-2 form where it says state wages, tips, etc. i should put that number where it says total income and should that number also be added with my joint sponsers total income and have that entire number written down?
and so now put the current annual yearly income for jan-feb in the parts where it says that?
im very very sorry for giving a hard time with these reidiculous questions its just i dont want to be at the last step and mess anything up
sorry
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Old 02-10-10, 03:57 PM   #17
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Quote:
Originally Posted by lawoo92 View Post
yes i understand that i filled out a 1-864 for him and a joint sponser he has like 2-3 more months on unemployment and is looking for a job. so i finished the other forms but i just have another question
for the joint sponser for his 1-864 part 5 (sponser's household size) for a i put 4 because he is doing it for four people and for questions b-g he has a total of 4 on h. household size he must put 4 or 8 because he has four people living in his house including him?
and now for part 6 question 25 total income does that number come from the W-2 form where it says state wages, tips, etc. i should put that number where it says total income and should that number also be added with my joint sponsers total income and have that entire number written down?
and so now put the current annual yearly income for jan-feb in the parts where it says that?
im very very sorry for giving a hard time with these reidiculous questions its just i dont want to be at the last step and mess anything up
sorry

As Noorah explained:

So YOU fill out one I-864.

Your joint sponsor does a separate I-864, showing income as it pertains to your joint sponsor for your joint sponsor's own household size, plus 4 immigrants.



http://www.uscis.gov/files/form/i-864.pdf
Part 6. Sponsor's Income and Employment

For purposes of this affidavit, the line for gross (total) income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ,the line for adjusted gross income will be considered.

You are not going to add the joint sponsor's income to anything. The income belonging to the joint sponsor goes on the affidavit belong to the joint sponsor which is filled out by the joint sponsor.



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Old 02-10-10, 04:06 PM   #18
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[quote=lawoo92;56034] for the joint sponser for his 1-864 part 5 (sponser's household size) for a i put 4 because he is doing it for four people and for questions b-g he has a total of 4 on h. household size he must put 4 or 8 because he has four people living in his house including him?
He enters 1 for the sponsored immigrant in 21.a and identifies all of the people who constitute his household in 21.b-g. He adds a-g and puts the sum in h - that's his household size. It's not possible to know from the information that you've provided what the number in h is going to be.

Quote:
Originally Posted by lawoo92 View Post
and now for part 6 question 25 total income does that number come from the W-2 form where it says state wages, tips, etc. i should put that number where it says total income and should that number also be added with my joint sponsers total income and have that entire number written down?
Read the I-864 instructions, the instructions tell you where the number is to come from.

Your joint sponsor is submitting his own I-864. Your I-864 contains your information, the joint sponsor's I-864 contains the joint sponsor's information.

Quote:
Originally Posted by lawoo92 View Post
and so now put the current annual yearly income for jan-feb in the parts where it says that?
I cannot tell from the way you've written the question if you have a correct understanding or not. All I can do is repeat, income from January and February is not "annual yearly" income. It is 2 months of income. You need to take the 2 months and determine it would be if it continues for 12 months.


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Old 02-10-10, 07:25 PM   #19
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okay i understand everything thankyou
the reason why im not saying anything about my i-864 is because i did that already last year and their was no errors with it only with my joint sponser
but for the household size, i contacted the nvc and they said that even though 4 people is in that house and he is doing it for another four it is only for him and the people he is living with
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Old 02-10-10, 09:17 PM   #20
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http://www.uscis.gov/files/form/i-864.pdf

How Do I Count Household Size?

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ affidavit of support whom you are still obligated to support. If necessary to meet the income requirements to be as sponsor, you may include additional relatives (adult children, parents, or siblings) as part of your household size as long as they have the same principle residence as you and promise to use their income and resources in support of the intending immigrant(s).

You said there is your brother, his wife, and their two children are immigrating. That is four people immigrating.

The joint sponsor's household size isthe US citizen sponsor and his wife PLUS any other members of their household who are financially dependent on them PLUS the four immigrants consisting of your brother, his wife and their two children.

If there are no additional dependents in your US citizen sponsor's family, they are two, plus the four immigrants = household size of six and a required income of $36,913

http://travel.state.gov/visa/laws/te...rams_4437.html
Poverty Guidelines
Persons in Family: 6
Poverty Guideline: 36,913
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Old 02-11-10, 10:47 AM   #21
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lawoo,

May I strongly suggest having a 1-time consultation with an immigration attorney who can go through all your I-864 questions IN PERSON with you AND your joint sponsor (if they live near you). I think this is the very best thing for you to do. It seems this is difficult for you to do on your own (and I don't blame you for that). That is my recommendation.

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Old 02-11-10, 12:46 PM   #22
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k thankyou
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Old 02-11-10, 03:53 PM   #23
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but thier is 8 people b/c the joint sponser has two kids so thats 46,263
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