vpr

I'm a bit confused about how I should file my taxes for 2009. I lived the whole year in 2009, so it's only Foreign Earned Income (2555), no US earned income. In the past I just used TurboTax or what-have-you and did it without much thought. However, this year it's different since we're going for the Visa (Interview on the 26th). How should I mark my marriage status? She has no SSN or TIDN. Is it okay just to file as 'Single' but I don't want it to seem like we're trying to pull a fast one at the interview. I'm from Texas, so we don't have State Tax. Help would be appreciated - thanks, vpr

We have an interview date of April 26th @ 7:15am

I can't decide where the best place to pose this question is, if mods think it should be in a more fitting area - feel free to move it. I just thought this would be the closest thing. Simple question, Where can Legal Permanent Residents (green card holders) travel without acquiring a Visa? I found this thread but I don't know how up to date it is. We have some friends we met here in China that will be going to Canada (The guy is Canadian, the girl is Chinese) so we'd like to visit them sometime. I also live close to Mexico and would like to take my Wife there (border town).

I've filled taxes every year, so that's not a problem. I haven't done 2009 yet, but I can simply do them at the same time. I've already obtained my tax transcripts for the years of 2006-2008, and I have both my father's transcripts for the same year and his 2009 W2 (copy) along with his completed I-864 form. I've been told to focus on domicile many many many times (seems like every time I ask a question) so that's what I've been doing. So, I'll just make sure everything matches between my transcripts/taxes and my I-864 for continuity sake.

Thanks for your extensive writeup on your process Kyle, I've been using it as a model for our own case since I found it. Lots of good information and well organized.

I'm finding conflicting reports when it comes to this part of the form (have looked at VJ/FBI/CFL) so I want to get some clarification before I input everything. First off, we're a DCF CR-1 and I've lived and worked in China since 2006, I haven't had any US Income since Jan-Sept. 2006. The conflict I'm seeing is that some people are stating that I should not use my Foreign Earned Income on the I-864 form since it was not earned in America and will stop once I go back. Others are saying that I should convert my yearly earned foreign income into USD and use that figure on the form, finally I'm seeing some other information that states that on line 23 you should put $0 but for the remainder convert the foreign earned income (in this case 'RMB) I already have a joint sponsor [my father] because either way, my income will be too little. the thread on VJ that I was reading was '2007' so I just wanted to see if I could get some updated information. Looking to have this completed and sent off within the next couple days - this is the last part. Thanks everyone, ~Tom

Congrats!

Yep confusion can result in "Misrepresentation" which is grounds for a HARD denial. So if father is NOT married at the time he provides you with the I-864 then he is NOT married on the form and does not count his fiancee. ONLY if he IS married should he count her. Worse case is if he marries after providing you the I-864 and IF the VO asks your wilfe should say that he got married on such date, and the date should be after joint sponsor signed and dated the I-864, if this comes up the VO may blue slip for a newer I-864 showing joint sponsor's spouse. Again NEVER EVER LIE on these forms, doing so IS MISREPRESENTATION! Got it, thanks!

The I-864 is filled out very shortly before NVC requests it in a CR-1 case, if maryied before it is needed then his wife is counted in his household size. In your case have him do the I-864 a couple weeks before interview and if married he counts his wife. If K-1 case I-864 is needed when adjustung status after entry and marriage. Yes, we are a CR-1 DCF filling, so we are waiting for my father to send us the joint sponsor form so we can send everything together. We received our P3 packet on Christmas Day, so if I'm not mistaken this is the final step before an interview is scheduled. I'm assuming that it would be the 'safest' to have him count her as a spouse to avoid any implications that could happen if he didn't count her and then they became married before the interview... It's possible they wouldn't even notice, but I'd rather not risk anything. This would raise the bar for the poverty line, but I don't think it'd be a problem. Is that a sound thing to do, or am I mistaken? No need to sugar coat anything for me. Tom

Thanks for the reply - new developments. This is only for the JOINT sponsor's form. I asked my Dad if they were married or not, and was told that currently they are NOT married, but by the time my wife and I arrive they will be. So how should he mark that? Currently at this very moment she is not a spouse, but within the next 5 months she will be?

Hi, my father who is going to be my joint sponsor, has sent me an email about 2 parts of the form he's not sure about. The first part is Part 1 questions #8 8. I am sponsoring the principal immigrant named in Part 2 above. [] Yes [] No (Applicable only in cases with two joint sponsors) -- We assume YES but he's only the joint sponsor, is this correct? His second question is about the Household size, part 21 - How does he calculate the size? There is my wife and I, my father, and his partner (don't know if they're married or not). My father got a divorce with my mother and is living with another women now so I don't know where she'd go. I'm not capable of being a "dependent" child since I'm over the age of 18. I do have an older brother who lives in a different city, so I don't think that matters. So I'm assuming that it would look like this: 21. Your Household Size - DO NOT COUNT ANYONE TWICE Persons you are sponsoring in this affidavit: a. Enter the number you entered on line 10. [1] Persons NOT sponsored in this affidavit: b. Yourself. [1] c. If you are currently married, enter "1" for your spouse. [0] d. If you have dependent children, enter the number here. [0] e. If you have any other dependents, enter the number here. [0] f. If you have sponsored any other persons on an I-864 or I-864EZ who are now lawful permanent residents, enter the number here. [0] g. OPTIONAL: If you have siblings, parents, or adult children with the same principal residence who are combining their income with yours by submitting Form 1-864A, enter the number here. [0] ---------------------------------------------- h. Add together lines and enter the number here. Household Size: [2] === I'm not sure that's right as there will be 4 people in the household. the 2 that were excluded were myself, and his "partner". Thanks, let me know soon as I need to send him an email back so he can get it in the mail. ~Tom

Thanks Kyle!

We're approaching the deadline for taxes to be filled in the USA, some people have already filled and gotten their returns. My question is when are the 2009 documents going to be "required" for an AOS. I'm waiting for my Father's co-sponsor documents and in curiosity I asked if he had his 2009 information to which he said no he didn't. If we have our interview prior to Tax Day (April) will 2006-2008 be ok?

Yes sir! You will be moving and changing your address. Your wife is fine, but later after she has green card she will need to file an AR-11 and again you will file I-865 to report change of address. I think USCIS will handle the sponsor's change of address initially when issuing green-card but may as well file I-865 just to cover this, it costs nothing. Does an I-865 need to be filled every time we move when we arrive in the US? This is the first time I'm hearing about this, so thanks for bringing it up.

Right, the "address" on our I-130 is our home address, however, the mailing address is her work's address. On the I-130 line 20 had a place to write in Chinese, and we entered her work's mailing address there (in Characters) which we were told to do from the Beijing office. So, I'll have her translate her work's email address and email that off to my Father.

Hi, did a quick search and wasn't able to find an answer to my question. I just got an email from my Father who is filling out an I-864 since he's going to be our joint sponsor. He needed my wife's information so he could fill out the first section. Question 3 is the mailing address - on the I-130 form we took to Beijing, we entered a mailing address on line 20 of that form. This was entered in Chinese characters, is this the same address I should give my father to put on the I-864 (in Chinese characters) or does it need to be translated into English/Pinyin? Thanks, Tom

This is correct joint sponsor does an I-864 and indicates joint sponsor on the form, and you also provide an I-864 because spouse MUST be the primary sponsor. You will also need to attach copies of IRS returns and evidence that you maintained US domicile. You may be exempt from tax on foreign income but are not exempt from filing a return. Thanks, yea I knew about the transcripts. I've already got them on order. I am a bit worried about domicile though. This is the area that I feel is the weakest about our case.

So for a CR-1, my cosponsor would need to fill out an I-864 NOT an I-864A. Is that correct? I need a cosponsor because I'm living and working in China, therefor, I don't make enough money.

We got our P3 on Christmas Day (a nice Christmas present to an otherwise "bad" day) What does my co-sponsor need to fill out? I know I will need to fill out a DS-230 for the beneficiary (my wife), and I know that I, the petitioner, need to fill out a I-864, but my questions are the following: (a ) Do I need to fill out a DS-230 for myself? One for me, one for my wife, or just one for my wife? (b ) My co-sponsor needs to fill out the I-864A, do they also need a I-864 and/or DS-230? Thanks, couldn't find answers after searching this forum. ~Tom {edit} removed

Got a letter today, it says: Is this what people refer to as "P2" or is this something else? What should we do next, just wait for them to contact her? Is there something we can do until that time? Thanks, vpr

Thanks... Do you mean for her interview? I wasn't aware *I* had to do an interview.

This doesn't fit on the form... Seems like if that's what they wanted me to type it would fit, no? Also the line that says Applicant's Last address outside the United States of more than one year - again since we've been living together then it will be the same address of our home right? 1) Can be shortened to "I-130 Petition" 2) Correct, use current address in China. Thank you For the time from (From - To) since I'm currently living in the house is it ok to leave the "TO" section blank, or should I write "Present" over the 2 spots in ink?

This doesn't fit on the form... Seems like if that's what they wanted me to type it would fit, no? Also the line that says Applicant's Last address outside the United States of more than one year - again since we've been living together then it will be the same address of our home right?

The form specifically shows above the field to use mm/dd/yyyy format - is it going to cause complications (silly in my opinion) to use the mm/dd/yy format?

Have a few questions regarding the I-130 / G235a that I wish to make sure I'm correct on before sending off: I-130 1. Section B for the address - I'm currently living in China, so I put my Chinese address on here right? Secondly, if this is the address they're going to use to send things via mail, then I don't have access to a mailbox here. Could I put my school address instead? 2. Question 7 is about any other names being used. Is it necessary that I put my wife's 'English' name here? It's not used on anything legal of hers. 3. Question 19 & 21 - My wife is living with me (and has been for awhile) so the address that goes into both of these fields should be the same correct? 4. It only says for the family name to be in all capital letters - so that's the only thing I put in full caps. I don't think it's that serious, but just wanted to make sure. G235a 1. I need to make 4 copies of both of ours (so 4 of mine, and 4 of hers) is that correct? 2. File number is left blank? We've never filled anything - so I don't have a 'number' 3. Under Mom and Dad's Date of Birth, the form is cutting off the year when I type it in. It's supposed to be XX/XX/XXXX but after typing that all that is visible is XX/XX/XX. (with half of the 3rd number) - Can I just fill this in with ink after printing, or will it be ok after printing? 4. Employment history: My wife was a student from 2002 - 2005 but the University name is so long that it takes up a complete line by itself so I shortened from: to will this be ok? from 2005 - 2006 she was not employed so I wrote: I think that will be ok - right? 5. "This form is submitted in connection with an application for:" We're attempting to get a CR-1 via DCF - so do I mark the box "Status as Permanent Resident" or do I mark other and write something in the box? What should I write? 6. What is this 'Alien Registration Number' it's asking for in the final box? --- Thanks, I know these questions are pretty nit-picky but I just don't want anything to go wrong and I figure it's better to ask and be sure then to guess and have to do it over again. ~Tom