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I-130, I-485 and I-864 Filing questions

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  • I-130, I-485 and I-864 Filing questions

    I-130, there is a question for date of issue of Citizenship? There are 2 dates in my certificate. One says since when I am a citizen another states the date certificate is issued. Which date should I use?
    I-485, Do we need Alien Registration number? I do not have one.
    I-485, What should I write my position as? One in LCA or the one in Company's offer letter?
    I-864, my sponsor (my wife) has only last 2 years of Income tax return. Before that she was in school so did not had any income and did not file income tax. As per requirement of I-864, only one year of income tax return is required with current income proof but can the third year missing cause any issue? Should I arrange for another sponsor?

  • #2
    Please help

    Please help

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    • #3
      Originally posted by anujtanwar12 View Post
      I-130, there is a question for date of issue of Citizenship? There are 2 dates in my certificate. One says since when I am a citizen another states the date certificate is issued. Which date should I use?
      I-485, Do we need Alien Registration number? I do not have one.
      I-485, What should I write my position as? One in LCA or the one in Company's offer letter?
      I-864, my sponsor (my wife) has only last 2 years of Income tax return. Before that she was in school so did not had any income and did not file income tax. As per requirement of I-864, only one year of income tax return is required with current income proof but can the third year missing cause any issue? Should I arrange for another sponsor?
      1. Use the date you became a citizen
      2. You won't have an alien number until you file.
      3. I don't know
      4. As long as your sponsor met the poverty line criteria in the most recent tax year and you can provide evidence of this you will not need another sponsor. Only most recent year is required, previous years are voluntary.

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      • #4
        Originally posted by anujtanwar12 View Post
        I-130, there is a question for date of issue of Citizenship? There are 2 dates in my certificate. One says since when I am a citizen another states the date certificate is issued. Which date should I use?
        How did your wife become a citizen? What certificate does she have?

        If she naturalized as an adult, she would have gotten a "Certificate of Naturalization" with only one date on it. But you said she didn't have an A number so it doesn't sound like this is the case.

        If she was a citizen at birth, born abroad, she might have gotten a "Consular Report of Birth Abroad" (CRBA) with multiple dates on it, or (rarely) she might have gotten a "Certificate of Citizenship" with multiple dates on it (although neither of those are necessary for her to be a citizen).

        If she automatically got citizenship as a child as a permanent resident minor who was living in the US with a citizen parent, she might have gotten a "Certificate of Citizenship" with multiple dates on it (although neither of those are necessary for her to be a citizen).

        If she got citizenship as a child as a minor living abroad with a US citizen parent, using a US citizen grandparent's period of physical presence, she would have gotten a "Certificate of Citizenship" on the date she took the oath, and the date she became a citizen should be the same as the date of issuance.

        If she got a "Certificate of Citizenship", the I-130 asks for the "Date of Issuance" of the certificate, and not the date she became a citizen.

        Originally posted by anujtanwar12 View Post
        I-485, Do we need Alien Registration number? I do not have one.
        Put "none".

        Originally posted by anujtanwar12 View Post
        I-864, my sponsor (my wife) has only last 2 years of Income tax return. Before that she was in school so did not had any income and did not file income tax. As per requirement of I-864, only one year of income tax return is required with current income proof but can the third year missing cause any issue? Should I arrange for another sponsor?
        She has to only include copies of the last one year's tax return, but she has to provide the number from the "total income" line from her tax returns for the last 3 years (Part 6 #24). If she did not file tax returns for any of the last 3 years because she was not required to, per the I-864 instructions, she would put "N/A" for the "total income" for that year, check the box in Part 6 #25, and attach a statement stating her income for that year and that it was below the threshold for needing to file a tax return that year (the relevant thresholds can be found in that year's Form 1040 instructions, in a section near the beginning called "Do you have to file").

        What primarily matters for the Affidavit of Support is her current (right now) income (i.e. the current salary of her current job), not her income the last year or last 3 years. If that is enough, you should not need a joint sponsor.

        This is my personal opinion and is not to be construed as legal advice.

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        • #5
          Thanks

          Thanks newacct! This was really helpful.

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