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Hello, I need your help with a few questions. I will really appreciate your help
I am applying for adjustment of status, form I-485, and my wife sponsors me with a I-130.
QUESTIONS:
Q1: In the I-130 form, the sponsor (my wife) is asked in C-14, "with which status the relative (myself) arrived to the US".
Should my wife write J1 or H1B? My last entry to this country was as H1B (see note N1 below)
Q2: following the previous question, C-14 also asks, "Date arrived". My LAST arrival to the US is not what I have in I-94 and is not even stamped in my passport (see N2 below).
Should she fill the form with my real last entry to the country? or instead, the date that the I-94 was issued? (also, that question doesn't ask for LAST date arrived, just for Date arrived). Maybe using the real date, with an explanatory note?
Q3: The affidavit of support, I-864, Part 6 -25 asks for a copy of the sponsor's last 3 tax declaration and W2.
Should we present the copy of W2 only? (see N3 below)
Should we include a note stating that situation, or asking for it to the IRS?
Q4: I have my own income (see N4 below). Should we include it on her affidavit of support when they ask for "total household income"? Her salary is above the poverty guidelines (in form I-864P) I don't know if including mine will make it more confusing, if hers is enough.
Q5: Do I have to fill a I-864 form too? Is that mandatory to me?
Some notes to understand better my questions:
NOTES:
N1- I have a valid H1B visa, and previously I had a J1 visa.
N2- I cross the border by land regularly to Canada, for the day, and at the border they usually don't stamp my passport. Consequently the last time that I went to Canada and reenter the US is not stamped in my passport. That date of the land crossing border is later than the I-94 in my passport.
N3- My wife left the US when she was a child, grew up abroad and just came back here recently. She started working less than a year ago, so she never declared taxes yet (she will get her first W2 ever this January)
N4- I am already in the US since 2004, before my wife arrived here. I declared taxes since 2005.
Thanks a lot for your help. Please answer me
Paco
I am applying for adjustment of status, form I-485, and my wife sponsors me with a I-130.
QUESTIONS:
Q1: In the I-130 form, the sponsor (my wife) is asked in C-14, "with which status the relative (myself) arrived to the US".
Should my wife write J1 or H1B? My last entry to this country was as H1B (see note N1 below)
Q2: following the previous question, C-14 also asks, "Date arrived". My LAST arrival to the US is not what I have in I-94 and is not even stamped in my passport (see N2 below).
Should she fill the form with my real last entry to the country? or instead, the date that the I-94 was issued? (also, that question doesn't ask for LAST date arrived, just for Date arrived). Maybe using the real date, with an explanatory note?
Q3: The affidavit of support, I-864, Part 6 -25 asks for a copy of the sponsor's last 3 tax declaration and W2.
Should we present the copy of W2 only? (see N3 below)
Should we include a note stating that situation, or asking for it to the IRS?
Q4: I have my own income (see N4 below). Should we include it on her affidavit of support when they ask for "total household income"? Her salary is above the poverty guidelines (in form I-864P) I don't know if including mine will make it more confusing, if hers is enough.
Q5: Do I have to fill a I-864 form too? Is that mandatory to me?
Some notes to understand better my questions:
NOTES:
N1- I have a valid H1B visa, and previously I had a J1 visa.
N2- I cross the border by land regularly to Canada, for the day, and at the border they usually don't stamp my passport. Consequently the last time that I went to Canada and reenter the US is not stamped in my passport. That date of the land crossing border is later than the I-94 in my passport.
N3- My wife left the US when she was a child, grew up abroad and just came back here recently. She started working less than a year ago, so she never declared taxes yet (she will get her first W2 ever this January)
N4- I am already in the US since 2004, before my wife arrived here. I declared taxes since 2005.
Thanks a lot for your help. Please answer me
Paco
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