1-485 Help!!

[Penguins]

Hello everyone,

I posted a few questions several months ago and everyone was so helpful. We really appreciated all of the help. I now have some more questions.

I am American and my husband is Canadian. We have lived in Canada for the past 11 years, married for over 5 years. I didn't work in Canada and he did. So I have no US tax returns for the past decade. I got a job in the US in May so I moved down here. He came down to help me get settled in. He was going to return and we would have then filed paperwork to move him to the US. When his job fell through back in Canada we decided to file his paperwork from the US instead and he stayed.

We sent off the I-130 and the I-864 back in June, on the I-864 I gave them my most recent paystub to show my income. About 6 weeks ago we got a letter telling us that they need my 2016 US tax return. We replied by again explaining that I had not worked in the US for many years and gave more proof of my current income. Last week we received the same letter again.

So, I guess this means that we can not use current income as proof of means to support? Even though it's well over the poverty line?

[Penguins]

I'm sorry... I got confused and put 485... it's actually the I-864 that we're having trouble with.

But I can't find where to post this question. Maybe this is the right forum?

[newacct]

Hello everyone,

I posted a few questions several months ago and everyone was so helpful. We really appreciated all of the help. I now have some more questions.

I am American and my husband is Canadian. We have lived in Canada for the past 11 years, married for over 5 years. I didn't work in Canada and he did. So I have no US tax returns for the past decade. I got a job in the US in May so I moved down here. He came down to help me get settled in. He was going to return and we would have then filed paperwork to move him to the US. When his job fell through back in Canada we decided to file his paperwork from the US instead and he stayed.

We sent off the I-130 and the I-864 back in June, on the I-864 I gave them my most recent paystub to show my income. About 6 weeks ago we got a letter telling us that they need my 2016 US tax return. We replied by again explaining that I had not worked in the US for many years and gave more proof of my current income. Last week we received the same letter again.

So, I guess this means that we can not use current income as proof of means to support? Even though it's well over the poverty line?

On the I-864 did you check the box saying you did not file for some of the last 3 years because you were not required to file, and did you attach a statement as instructed?

[Penguins]

On the I-864 did you check the box saying you did not file for some of the last 3 years because you were not required to file, and did you attach a statement as instructed?

I didn't check box #20 because I thought that meant that I worked in the US but didn't file because "my income was below the IRS required level." I did however, attach an explanation, where I told them of the situation and that I have lived in Canada for the past 11 years, and this is why I did not file.

[Penguins]

Another question I have.

If the adjustment of status is denied because we either didn't fill out the form correctly, or that I don't qualify to "support" him due to not having a 2016 tax return, where does that leave us?

Can the I-130 still be approved? If so, what does that mean? Can he stay until February so that we can file again using my 2017 tax return? Or will he be asked to leave the country if the I-864 is denied?

We're also sending in an application for a work permit now. Will that be denied if the I-864 is denied?

[Dreamerdancer42]

Another question I have.

If the adjustment of status is denied because we either didn't fill out the form correctly, or that I don't qualify to "support" him due to not having a 2016 tax return, where does that leave us?

Can the I-130 still be approved? If so, what does that mean? Can he stay until February so that we can file again using my 2017 tax return? Or will he be asked to leave the country if the I-864 is denied?

We're also sending in an application for a work permit now. Will that be denied if the I-864 is denied?

I would get a co sponsor, joint sponsor... simply someone , who can satisfy them and give them tax return for the most recent year and filed in the US...can u think of anyone? If youre from here, u must have family members, that surely filed taxes in 2016. Dont give up. The I 130 should still b approved , we filed ours in 2009, but i know , it was so easy... but dont know that 100%..

[Penguins]

Thank you.

Yeah we have someone who is willing to co-sponsor. I was hoping there was a way to not have to inconvenience anyone by asking them to fill out a bunch of paperwork.

I guess we'll have them do that.

[Penguins]

So with a co-sponsor for the I-864, we really shouldn't have to apply for a work permit right?

Assuming the change of status is approved, he would be allowed to work as a permanent resident.

[arbrts]

So with a co-sponsor for the I-864, we really shouldn't have to apply for a work permit right?

Assuming the change of status is approved, he would be allowed to work as a permanent resident.

The work permit is for while the AOS is pending, not for after. Once the status has been changed you don't need the EAD anymore.

[newacct]

I didn't check box #20 because I thought that meant that I worked in the US but didn't file because "my income was below the IRS required level." I did however, attach an explanation, where I told them of the situation and that I have lived in Canada for the past 11 years, and this is why I did not file.

Well US citizens are subject to US taxes for worldwide income no matter where they live. So it doesn't matter if you lived in Canada or the US. The only reason to not file is if your income from anywhere in the world is below the threshold, in which case you check that box and attach a statement. If you didn't do that, maybe you should fill out I-864 again with it correctly filled out and with the statement as needed (along with pay stubs again).

[Penguins]

Well US citizens are subject to US taxes for worldwide income no matter where they live. So it doesn't matter if you lived in Canada or the US. The only reason to not file is if your income from anywhere in the world is below the threshold, in which case you check that box and attach a statement. If you didn't do that, maybe you should fill out I-864 again with it correctly filled out and with the statement as needed (along with pay stubs again).

That makes sense. I totally messed that up. It does seem that they don't accept anything that doesn't include a 2016 US tax return though.

I will resend it with that box checked, and the co-sponsor.

Thank you again.

[Dreamerdancer42]

Thank you.

Yeah we have someone who is willing to co-sponsor. I was hoping there was a way to not have to inconvenience anyone by asking them to fill out a bunch of paperwork.

I guess we'll have them do that.

The forms are short...not a big deal at all...took my mother in law 20mins.l.she just gave me their tax return for 2016 and w2'... its really simple..good luck! Way easier than figuring out, how to satisfy them, if you didnt work in the US and therefore u have no tax return most recent...

[Azaliya]

Help me, please!

The forms are short...not a big deal at all...took my mother in law 20mins.l.she just gave me their tax return for 2016 and w2'... its really simple..good luck! Way easier than figuring out, how to satisfy them, if you didnt work in the US and therefore u have no tax return most recent...

So, I have a similar situation. My husband's incoe isn't enough to sponsor me. Now I got totally confused when we found a friend to help us out. WHo is supposed to fill the form I-864, my husband or my friend? And also in the form I-864A, who is sponsor and who is a household member?

Thanks in advance!

[newacct]

So, I have a similar situation. My husband's incoe isn't enough to sponsor me. Now I got totally confused when we found a friend to help us out. WHo is supposed to fill the form I-864, my husband or my friend? And also in the form I-864A, who is sponsor and who is a household member?

Thanks in advance!

Both. The petitioner is always a sponsor and must complete an I-864, even if their household income is not enough. The joint sponsor, if there is one, completes a separate I-864.

If a sponsor (either the petitioner or a joint sponsor)'s individual income is not enough but they are counting a household member's income to make their household income enough, then the household member would fill out an I-864A.

[Azaliya]

Both. The petitioner is always a sponsor and must complete an I-864, even if their household income is not enough. The joint sponsor, if there is one, completes a separate I-864.

If a sponsor (either the petitioner or a joint sponsor)'s individual income is not enough but they are counting a household member's income to make their household income enough, then the household member would fill out an I-864A.

Thank you!
So, if I understood right my husband will choose the box that he is a petitioner on the form I-864, and my friend then will be the only joint sponsor on the same form, right?
And also if I have some savings on my account, should my friend and my husband mention it? The only concern is how I'm going to prove it, just to print my bank account statement. And it's also not in the US currency. Will they accept it?