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Can't afford to pay an attorney, trying to do this on our own

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  • Can't afford to pay an attorney, trying to do this on our own

    Hello everyone, I just came across this website and wanted to ask for some help/advice. I am a U.S. citizen and my Husband is a (legal) non resident alien who is doing is PhD and working for the University where he is pursuing his degree.

    We have decided that we want to go ahead and adjust his status and start the process for him to become a permanent resident. We went to our local uscis office to get forms and ask some questions. We were provided with these forms-

    i-485i
    i-130
    i-864
    i-693
    i-765
    i-131
    (2) G-325a


    We have read through all of them and feel a little bit overwhelmed. Particularly with the i-864 and regarding my previous marriage/divorce.

    My Husband is employed and according to the i-864, his income is allowed to be counted so long as his income continues from the same source after he obtains lawful permanent resident status. --- HOW DO WE PROVE THIS? Just a letter from his school?

    If his income is counted as well, which it should under the guidelines, then we would not need any other sponsors, correct? And if that is the case,

    do I check number 8 in part 3 of the i-864 application (and check the YES)?

    And if I do check it, I will then have to write 1 for question #10 and when I proceed to part 5, I would have to enter that number on 21a and also enter 1 for 21c which will make my household size 3 when it is really only 2, I am only sponsoring my Husband. Sorry if this is a simple issue and I am not just not getting it... =/

    Also, I was previously married and have tax returns (which I may have access to) and they were tax returns that were filed jointly with my ex husband. Should I include those tax returns? Does it really matter, so long as I have my most recent return included (which is a 2010 tax return that has me and my Husband (current one) listed and filed jointly)?

    And one last thing, I collect unemployment and also have started tutoring (which I claim on my unemployment certifications and they are well aware that I am a independent contractor, tutoring when I can). Unemployment is most definitely income and I pay taxes on it, but, even though it is income, will this impact me as a sponsor?

    Thank you very much for taking the time to read this. We are expecting a baby in September and we need to save as much money as we can. BTW, should we include proof of pregnancy paperwork or u/s photos? =) hehe

    Thanks again!
    Last edited by zoz; 03-18-2011, 04:21 AM.

  • #2
    Originally posted by zoz View Post
    Hello everyone, I just came across this website and wanted to ask for some help/advice. I am a U.S. citizen and my Husband is a (legal) non resident alien who is doing is PhD and working for the University where he is pursuing his degree.

    We have decided that we want to go ahead and adjust his status and start the process for him to become a permanent resident. We went to our local uscis office to get forms and ask some questions. We were provided with these forms-

    i-485i
    i-130
    i-864
    i-693
    i-765
    i-131
    (2) G-325a


    We have read through all of them and feel a little bit overwhelmed. Particularly with the i-864 and regarding my previous marriage/divorce.

    My Husband is employed and according to the i-864, his income is allowed to be counted so long as his income continues from the same source after he obtains lawful permanent resident status. --- HOW DO WE PROVE THIS? Just a letter from his school?

    If his income is counted as well, which it should under the guidelines, then we would not need any other sponsors, correct? And if that is the case,

    do I check number 8 in part 3 of the i-864 application (and check the YES)?

    And if I do check it, I will then have to write 1 for question #10 and when I proceed to part 5, I would have to enter that number on 21a and also enter 1 for 21c which will make my household size 3 when it is really only 2, I am only sponsoring my Husband. Sorry if this is a simple issue and I am not just not getting it... =/

    Also, I was previously married and have tax returns (which I may have access to) and they were tax returns that were filed jointly with my ex husband. Should I include those tax returns? Does it really matter, so long as I have my most recent return included (which is a 2010 tax return that has me and my Husband (current one) listed and filed jointly)?

    And one last thing, I collect unemployment and also have started tutoring (which I claim on my unemployment certifications and they are well aware that I am a independent contractor, tutoring when I can). Unemployment is most definitely income and I pay taxes on it, but, even though it is income, will this impact me as a sponsor?

    Thank you very much for taking the time to read this. We are expecting a baby in September and we need to save as much money as we can. BTW, should we include proof of pregnancy paperwork or u/s photos? =) hehe

    Thanks again!
    Ok well you have all the correct forms to begin with and not really all that difficult to do. You only need to include last years tax return ok previous 3 years is an option only. You will need to include 1099, w2 and 1040 for last year.
    Yes just a letter from his school where he works on a business letterhead.
    One question does your husband have working authority? EAD card? which is what the I-765 is for.
    Part 3 tick 8 correct and Yes is the answer.
    Yes correct part 10 you write 01
    Leave 21 c blank as in 21 b you put 1 yourself total at bottom is 2
    Your unemployment is also classed as income. So write this amount as well.
    And no you don't need to show them you are pregnant.
    If you get an interview they will see then if you are still pregnant or you will have baby with you lol
    good luck.

    Comment


    • #3
      Thanks so much! I just have one question about this form, I read the instructions again, it states

      8. Indicate whether you are sponsoring the principal immigrant listed in item 2 in this Form i-864. This only applies to cases with two join sponsors.

      What does the above unlined sentence mean? Also, since I will not checking the box for my Husband in 21C, they will only see that I am sponsoring my spouse when they look over the income because I will be listing the intended immigrant income and luckily it asks the relationship of the person I listed. Will I or would I have to make it clear before the income question that I am sponsoring my Husband. Or will it be okay to just do it the way you (previous poster) wrote and not worry?

      Comment


      • #4
        Originally posted by zoz View Post
        Thanks so much! I just have one question about this form, I read the instructions again, it states

        8. Indicate whether you are sponsoring the principal immigrant listed in item 2 in this Form i-864. This only applies to cases with two join sponsors.

        What does the above unlined sentence mean? Also, since I will not checking the box for my Husband in 21C, they will only see that I am sponsoring my spouse when they look over the income because I will be listing the intended immigrant income and luckily it asks the relationship of the person I listed. Will I or would I have to make it clear before the income question that I am sponsoring my Husband. Or will it be okay to just do it the way you (previous poster) wrote and not worry?
        Ok in part 1 it says your name and you are sponsor submitting this affidavit of support because:
        (a) I am the petitioner am filing for immigration of my relative.
        Ok Q8: tick I am sponsoring and Yes as if no it would be for more than one immigrant. I know the wording can get you sometimes hey reading has to be so particular.
        And yes they know you are sponsoring your hubbie as you have to send copy of marriage cert .
        You are doing fine and will be ok just fill out as we discussed before.

        Comment

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