kimnjake Posted April 28, 2004 Report Share Posted April 28, 2004 Ok, we are about to send in all of the AOS paperwork and stuff to go along with it....(I-130, EAD, etc) and I have a question about the I-864... It says you have to meet the 125% poverty level which is just under $16,000 for a two person household, which is what we are. And we meet that level. However, we only meet that level starting this year, i mean what we will file on this next tax year (2004), but i don't meet that requirement for the last three years, which is what they ask for in income tax returns...is that an issue, or do you just have to meet the 125% for the current year, i.e. the year i would be saying i will support my husband?? (beginning now)???? does anyone know??? Link to comment
whoever Posted April 28, 2004 Report Share Posted April 28, 2004 I think you need to provide why you didn't file for the last 3 years. also, you need to provide current employment proof, so that they believe you can support your wife.Make them all notarized too.It will be much easier if your income is 5 times of the poverty line. You should go to one of the immigration services, just ask them what you need to provide if you didn't have the last 3 years tax return because your low income. Most likely, they will just tell you. Link to comment
kimnjake Posted April 28, 2004 Author Report Share Posted April 28, 2004 ok, maybe i didn't put the question clearly. i do have tax returns for the past three years, but the income amount on there doesnt meet the 125% poverty level. Starting this year, 2004, I do meet that requirement, so I can put it on the I-864 for this year's income, but my past three returns don't show that i meet the 125% requirement. My question is- do you have to meet the 125% requirement for the last three years of your tax returns that you provide, or if i just meet it starting this year, is that sufficient? Link to comment
kimnjake Posted April 28, 2004 Author Report Share Posted April 28, 2004 also, just a note, it is my husband i have to provide proof for, not my wife, im a girl! and i do have the letter from my employer and pay stubbs too. also, it doesn't say they have to be notarized, it just says they need copies...??? right? Link to comment
whoever Posted April 28, 2004 Report Share Posted April 28, 2004 Oops! I am sorry.Well, then you are in good shape. You still need to notarize your affidavit support. After that, you will be okay. The best is, find a place where they know how to fill the application. Have them notarize the affidavit support for you, and ask them if it's okay.If you live in San Francisco, you will easily find help. Link to comment
kimnjake Posted April 28, 2004 Author Report Share Posted April 28, 2004 thanks!well i live in louisiana, not california, so that wont be easy to find, but i do have a friend that has notarized everything so far for me, sothat part is not hard, just making sure it is right is the difficult part! i have a 'friend' immigration attny that will check it for free, but i want to get it mailed by 4/30, so we dont pay fee increase!! we will just get to moving real quick in these next few days and have it all done right and get it in the mail!! ahhh!! Link to comment
kimnjake Posted April 29, 2004 Author Report Share Posted April 29, 2004 aww man....ok.....so now a new question, especially for danahso i guess.....dave g told me that i do need the I-130 because jacob is not my alien relative and he said he doesn't know EXACTLY what it is for, but that i do have to file it, that it is required because he is now my alien relative....???? im mailing it in a matter of hours, sooo.....i hope it is right. i dont want to pay the $130 or so dollars for it if it isn't needed?!?!! any early morning feedback, anyone???? Link to comment
keelec Posted April 29, 2004 Report Share Posted April 29, 2004 Sorry Kim, I haven't had the opportunity yet to file AOS. However, if Don reccomends against filing the I-130, I would hold off on it. Sending it in now costs you $130. Waiting costs you an extra $60 or so, but my bet would be with Don. ---- Clifford ------ Link to comment
kimnjake Posted April 29, 2004 Author Report Share Posted April 29, 2004 OK!! THANKS SOOOO MUCH FOR SAVING US $130!!!! ONE MORE QUICK QUICK QUESTION- THEY DO ACCEPT PERSONAL CHECKS, RIGHT???? Link to comment
keelec Posted April 30, 2004 Report Share Posted April 30, 2004 I was just looking at Eric's checklist. Part of it was AP (applies to K1, but not to K3 applicants). PACKET "C" DOCUMENTS CHECKLISTI-131 ORIGINAL SUBMISSION C1/ FORM I-131 ADVANCE PAROLE C2/ CHECK xxxx FOR $ 110 I-131 FEE C3/ FORM I-131 PART 7 LETTER OF EXPLANATION ( not really needed per recent BCIS memo to field offices , but hey, we were on the roll )C4/ FRONT AND BACK COPY OF I-94 # xxxxxxx C5/ COPY OF K-1 VISA AND PASSPORT PAGES C6/ COPY OF MARRIAGE CERTIFICATE C7/ 2 ADVANCE PAROLE PHOTOS (ADIT ) Maybe that was the confusion of forms..... I-130, I-131, I-134...???? I thought I remember reading that Vermont is speedy with the 129F & 130, but a bit slow with the AOS. If you plan on traveling (or returning to China) while you wait for AOS, you will need to file the AP, otherwise Jake will be unable to re-enter the USA and you would have to start the whole process over again. If you don't plan on leaving the USA until AOS, then there is no need for AP. ----- Clifford ----- Link to comment
kimnjake Posted April 30, 2004 Author Report Share Posted April 30, 2004 thanks y'all, as always, for the answers, offers for more help and responses in general! here is our update! we got it all off in time, and it should be at the USCIS office by now. it was supposed to arrive at noon today! im about to get on the website to check it and make sure. not much i can do if it isn't there, but i think it will all be fine. we didn't file for AP because jacob said that no matter what happens at home, he wouldn't go back until everything is processed. sounds kind of heartless in a way, but when you know him, you wouldn't expect anything else! hehe he really is precious, but that sounds harsh. anyway, we filed everything else though. we are SOO thankful, once again for CFL, for "saving" us at the last minute!! we are so happy to have 130 more $ in our bank account at this moment!! hehe the funny thing is we even went to an immigration lawyer, who did it for free thank goodness, to have her check all the papers and make sure they were all right and didn't need anything else. she even notarized it for free too! we are truly blessed. im still wondering why she never caught that we didn't need I-130, she knew he is K1!i went back and read the USICS website listing for this stage of the process and it clearly says- I-130 OR I-797 (NOA 2, i think it is) anyway the copy of the approval notice for the I-129F petition! so anyway....that is where we are. im gonna check on the delivery of the packet now. but hopefully it is all safe and sound there, and waiting to be processed someday! hehehe Link to comment
mari Posted April 30, 2004 Report Share Posted April 30, 2004 Best of luck, my dear friend, good to know that everything's running smooth for you two. Link to comment
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