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i864 and i864A question regarding applying for AOS for parents. And a few others ?'s

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  • i864 and i864A question regarding applying for AOS for parents. And a few others ?'s

    Hi all.
    Thanks for all the help so far. I have some final questions, in bold below...
    We're currently finalizing the packets to send in for my parents AOS, and I wanted to check on a few final areas of confusion.

    Our situation is as follows.
    Filing for AOS for my parents, they have been in the US since May, on a 6 month tourist visa. I am a USC by marriage (became a citizen in 2012), still married to and living with my USC by birth spouse. We file joint income tax returns.
    I stay at home with our two children, and work very part time, so my income is significantly below the required 125% of household for an i130 petition. My spouse works full time, employed by a federal agency and makes more than enough for us to qualify.

    We are filing concurrently, two separate i130 petitions for my parents and i485's. We are mailing in two separate packets containing forms for each parent, inside a second larger envelope.
    Each of the two envelopes will contain the following:

    1. G1145- attached to front of packet along with a cover letter listing all documents/evidence included in packet

    2. i130 (petition for alien relative) filled out by me, and filing fee check
    in part D, 1, I listed my parents spouse as we are petitioning both of them, this seems pretty obvious?

    3. i765 (employment authorization) filled out my parent
    Is filing fee for i765 included in cost of i130?
    We are only including a photocopy of their passport page that has their visitors visa in it. Is that considered sufficient? The instructions say it is, but we are wondering if its a good idea to include the other front picture pages too?

    4. i485 (application to register permanent residence or adjust status) filled out by parent, and filing fee check
    In part 3, B, each parent listed their spouse, and checked "yes" when asked "Applying with you?" Is this correct, even though they have separate petitions?

    5. G-325A - filled out by parent. Do I also need to include a G325A for myself (the petitioner) too? I've heard mixed opinions online and can't work it out from the instructions.

    6. i693 - sealed in original envelope from physician. Obtained in late August

    7. i864 - filled out by me, but with my spouse listed in part 6 as a part of my household due to my income not being sufficient.
    In part 3, I checked the box "yes", and did not include my other parent in the rest of part 3 as we are filing a separate petition for them, even though we hope that the other parent will be "immigrating at the same time or within 6 months of the principle immigrant" as queried in #2 of part 3. This part is incredibly confusing and I wanted to check if this is the correct answer here?
    I also only counted the principle immigrant in part 5, despite the fact that both of my parents are currently living with us while on tourist visas and we hope for them both to be granted permanent residence. So our total household size is 5 (my spouse, myself, our two children and the principle immigrant). Is this correct?
    In part 6, 19 a,b, and c, do I put our combined tax return income as reported on our joint income tax return? I did put my expected gross income for THIS year in part 6 #2, and my spouses current gross income in part 6 #5 (and included 6 months of federal pay stubs, and last years tax returns, W2's etc.

    8. i864A filled out and signed by both my spouse and I.
    My spouse checked 1c, and in part 5 we only included the one parent for whom the i130 petition is being filed, as we are filing separate petitions for each parent, is this correct?

    I saw on another post that someone had their household member also fill out an i864 in addition to an i864a, I can't see why they would do this but perhaps I am missing something in the instructions?



    Thanks again for all the help! Really hoping to get this right first time to avoid delays. Their current stay expires in November.
    Last edited by stello; 09-22-2015, 10:06 AM.

  • #2
    Also if anyone notices any missing forms we should be submitting please let me know!

    Comment


    • #3
      If your spouse is listed on your I-864 as a contributing household member, and you also complete an I-864A with both your signatures, no separate I-864 is needed from your spouse.

      --Ray B

      Originally posted by stello View Post
      Hi all.
      Thanks for all the help so far. I have some final questions, in bold below...
      We're currently finalizing the packets to send in for my parents AOS, and I wanted to check on a few final areas of confusion.

      Our situation is as follows.
      Filing for AOS for my parents, they have been in the US since May, on a 6 month tourist visa. I am a USC by marriage (became a citizen in 2012), still married to and living with my USC by birth spouse. We file joint income tax returns.
      I stay at home with our two children, and work very part time, so my income is significantly below the required 125% of household for an i130 petition. My spouse works full time, employed by a federal agency and makes more than enough for us to qualify.

      We are filing concurrently, two separate i130 petitions for my parents and i485's. We are mailing in two separate packets containing forms for each parent, inside a second larger envelope.
      Each of the two envelopes will contain the following:

      1. G1145- attached to front of packet along with a cover letter listing all documents/evidence included in packet

      2. i130 (petition for alien relative) filled out by me, and filing fee check
      in part D, 1, I listed my parents spouse as we are petitioning both of them, this seems pretty obvious?

      3. i765 (employment authorization) filled out my parent
      Is filing fee for i765 included in cost of i130?
      We are only including a photocopy of their passport page that has their visitors visa in it. Is that considered sufficient? The instructions say it is, but we are wondering if its a good idea to include the other front picture pages too?

      4. i485 (application to register permanent residence or adjust status) filled out by parent, and filing fee check
      In part 3, B, each parent listed their spouse, and checked "yes" when asked "Applying with you?" Is this correct, even though they have separate petitions?

      5. G-325A - filled out by parent. Do I also need to include a G325A for myself (the petitioner) too? I've heard mixed opinions online and can't work it out from the instructions.

      6. i693 - sealed in original envelope from physician. Obtained in late August

      7. i864 - filled out by me, but with my spouse listed in part 6 as a part of my household due to my income not being sufficient.
      In part 3, I checked the box "yes", and did not include my other parent in the rest of part 3 as we are filing a separate petition for them, even though we hope that the other parent will be "immigrating at the same time or within 6 months of the principle immigrant" as queried in #2 of part 3. This part is incredibly confusing and I wanted to check if this is the correct answer here?
      I also only counted the principle immigrant in part 5, despite the fact that both of my parents are currently living with us while on tourist visas and we hope for them both to be granted permanent residence. So our total household size is 5 (my spouse, myself, our two children and the principle immigrant). Is this correct?
      In part 6, 19 a,b, and c, do I put our combined tax return income as reported on our joint income tax return? I did put my expected gross income for THIS year in part 6 #2, and my spouses current gross income in part 6 #5 (and included 6 months of federal pay stubs, and last years tax returns, W2's etc.

      8. i864A filled out and signed by both my spouse and I.
      My spouse checked 1c, and in part 5 we only included the one parent for whom the i130 petition is being filed, as we are filing separate petitions for each parent, is this correct?

      I saw on another post that someone had their household member also fill out an i864 in addition to an i864a, I can't see why they would do this but perhaps I am missing something in the instructions?



      Thanks again for all the help! Really hoping to get this right first time to avoid delays. Their current stay expires in November.

      Comment


      • #4
        Originally posted by rayb View Post
        If your spouse is listed on your I-864 as a contributing household member, and you also complete an I-864A with both your signatures, no separate I-864 is needed from your spouse.

        --Ray B
        Thanks very much Ray, that's what we were initially thinking but then got confused reading other people's posts/lists.

        Any thoughts on my other questions in bold?

        Much appreciated!

        Comment


        • #5
          Does anyone else have any idea regarding the other questions in my original post?

          Comment


          • #6
            Please see my responses in CAPS after your other questions:

            Originally posted by stello View Post
            Does anyone else have any idea regarding the other questions in my original post?
            Originally Posted by stello View Post
            Hi all.
            Thanks for all the help so far. I have some final questions, in bold below...
            We're currently finalizing the packets to send in for my parents AOS, and I wanted to check on a few final areas of confusion.

            Our situation is as follows.
            Filing for AOS for my parents, they have been in the US since May, on a 6 month tourist visa. I am a USC by marriage (became a citizen in 2012), still married to and living with my USC by birth spouse. We file joint income tax returns.
            I stay at home with our two children, and work very part time, so my income is significantly below the required 125% of household for an i130 petition. My spouse works full time, employed by a federal agency and makes more than enough for us to qualify.

            We are filing concurrently, two separate i130 petitions for my parents and i485's. We are mailing in two separate packets containing forms for each parent, inside a second larger envelope.
            Each of the two envelopes will contain the following:

            1. G1145- attached to front of packet along with a cover letter listing all documents/evidence included in packet

            2. i130 (petition for alien relative) filled out by me, and filing fee check
            in part D, 1, I listed my parents spouse as we are petitioning both of them, this seems pretty obvious?

            YES, THAT'S CORRECT.

            3. i765 (employment authorization) filled out my parent
            Is filing fee for i765 included in cost of i130?
            We are only including a photocopy of their passport page that has their visitors visa in it. Is that considered sufficient? The instructions say it is, but we are wondering if its a good idea to include the other front picture pages too?

            INCLUDE COPY OF ID PAGE WITH THE ENTRY STAMP, THE ID PAGE, THE VISA PAGE AND THE I-94.

            4. i485 (application to register permanent residence or adjust status) filled out by parent, and filing fee check
            In part 3, B, each parent listed their spouse, and checked "yes" when asked "Applying with you?" Is this correct, even though they have separate petitions?

            RESPONDING 'YES' THERE IS OKAY.

            5. G-325A - filled out by parent. Do I also need to include a G325A for myself (the petitioner) too? I've heard mixed opinions online and can't work it out from the instructions.

            NOT NECESSARY.

            6. i693 - sealed in original envelope from physician. Obtained in late August

            7. i864 - filled out by me, but with my spouse listed in part 6 as a part of my household due to my income not being sufficient.
            In part 3, I checked the box "yes", and did not include my other parent in the rest of part 3 as we are filing a separate petition for them, even though we hope that the other parent will be "immigrating at the same time or within 6 months of the principle immigrant" as queried in #2 of part 3. This part is incredibly confusing and I wanted to check if this is the correct answer here?
            I also only counted the principle immigrant in part 5, despite the fact that both of my parents are currently living with us while on tourist visas and we hope for them both to be granted permanent residence. So our total household size is 5 (my spouse, myself, our two children and the principle immigrant). Is this correct?

            YES, YOU ARE OKAY ON THIS COUNT.

            In part 6, 19 a,b, and c, do I put our combined tax return income as reported on our joint income tax return? I did put my expected gross income for THIS year in part 6 #2, and my spouses current gross income in part 6 #5 (and included 6 months of federal pay stubs, and last years tax returns, W2's etc.

            YES, THE TAX RETURN AMOUNT, FROM LINE 22 OF FORM 1040, SHOULD BE USED.

            8. i864A filled out and signed by both my spouse and I.
            My spouse checked 1c, and in part 5 we only included the one parent for whom the i130 petition is being filed, as we are filing separate petitions for each parent, is this correct?

            YES, SEPARATE I-864A FOR EACH BENEFICIARY.

            I saw on another post that someone had their household member also fill out an i864 in addition to an i864a, I can't see why they would do this but perhaps I am missing something in the instructions?

            NOPE, UNNECESSARY REDUNDANCY.

            -Ray B

            Comment


            • #7
              Thank you Rayb!

              Thanks so much, I really appreciate you taking the time to go through all of those questions!
              Seriously. It's a huge relief to hear confirmation regarding what we have done so far.

              Sending this off tomorrow.
              One last question. For now...
              Their tourist visa's expire mid November, once the application is received are they able to stay on after this date if everything is in process?

              Comment

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