Joint sponsor question

[chaimdan]

Hi,

MY wife who is a US citizen is not currently working and therefor I am using someone elses income as a joint sponsor to qualify me....

I understand my wife still has to file the 864 form affidavit of support. She last files her taxes for 2004, while my joint sponsor did for 2005, is it okay for me to send in my wifes 2004 papers and the joint sponsors 2005?

Also till when can I file the 864 with a 2004 tax return? (even though were not using her income?!)

And one last question, supposing my interview comes and my wife still isn't working, is it still sufficiant for me to rely on my sponsor? do I need to prove once again that he is my sponsor at the interview or that he is still employed?

Thanks again... Chaim

[meers]

Originally Posted by chaimdan

Hi,

MY wife who is a US citizen is not currently working and therefor I am using someone elses income as a joint sponsor to qualify me....

I understand my wife still has to file the 864 form affidavit of support. She last files her taxes for 2004, while my joint sponsor did for 2005, is it okay for me to send in my wifes 2004 papers and the joint sponsors 2005?

I think your wife needs to fill I-864 and submit the last three years of tax returns and your co-cponsor also has to fill out I-864 and submit last 3 years of his/her tax returns.

Also till when can I file the 864 with a 2004 tax return? (even though were not using her income?!)

I don't know. But I am assuming if you file after April 15th, you need to submit your wife's 2005 tax return as well.

And one last question, supposing my interview comes and my wife still isn't working, is it still sufficiant for me to rely on my sponsor? do I need to prove once again that he is my sponsor at the interview or that he is still employed?

For the interview you need to take a new I-864 from both your wife and co-sponsor with the tax returns for each of them and proof of their employment/unemployment.

This is just what I think. You might want to get it confirmed with other people on this forum who have a lot more knowledge than I do. Hope it helps.

Thanks again... Chaim

[legrancake]

my husband doesn't even have the tax return info 'cause he just doesn't do it... lets say if I find another sponsor than him, does my husband still has to fill I 864 ??
thanks

[chaimdan]

Yes, your husband has to file i-864 regardless of his financial situation, if he fails to meet the necessary limit, you can use a joint sponsor.

If he doesn't have the tax returns, you must state a reason.

Don't know much more than this... hope it helps

[Mona25]

I totally agree with you.
You have time to file with the 2004 income taxes of your wife until April when is the time that you are suppose to have file 2005 taxes already.

[Anahit]

Originally Posted by meers

And one last question, supposing my interview comes and my wife still isn't working, is it still sufficiant for me to rely on my sponsor? do I need to prove once again that he is my sponsor at the interview or that he is still employed?

For the interview you need to take a new I-864 from both your wife and co-sponsor with the tax returns for each of them and proof of their employment/unemployment.

I don't recall seeing that requirement anywhere - taking new I-864s for the interview. All you need to take to the interview are copies of the I-864s that you sent to them originally, recent tax returns (if there are any), and maybe recent pay stubs.

[meers]

Originally Posted by Anahit

I don't recall seeing that requirement anywhere - taking new I-864s for the interview. All you need to take to the interview are copies of the I-864s that you sent to them originally, recent tax returns (if there are any), and maybe recent pay stubs.

I am sorry if its not a requirement. Better to keep my mouth shut, huh? But, on the interview letter they mention to get the I-864 with you and I just assumed it has to be the most recent one, b'cuz when we submitted our application we had tax returns for 2002, 2003 and 2004. We had filed our 2005 taxes before our interview, so we made a new affidavit of support.

[ari4u]

Originally Posted by Anahit

I don't recall seeing that requirement anywhere - taking new I-864s for the interview. All you need to take to the interview are copies of the I-864s that you sent to them originally, recent tax returns (if there are any), and maybe recent pay stubs.

Anahit is right. The I-864 does not expire provided it is submitted within one year from the date it was signed by the sponsor. The supporting documents expire after 12 months.

Though this rule is for CP, it is also used for AOS.
http://travel.state.gov/visa/immigra...o_1328.html#10

[ari4u]

Originally Posted by meers

I am sorry if its not a requirement. Better to keep my mouth shut, huh? But, on the interview letter they mention to get the I-864 with you and I just assumed it has to be the most recent one, b'cuz when we submitted our application we had tax returns for 2002, 2003 and 2004. We had filed our 2005 taxes before our interview, so we made a new affidavit of support.

Meers, the interview letter asks you to bring I-864 if you have not already submitted it. Before the NBC came into existence, applicants submitted the AOS application to the DO or service center and in their interview letters, they were asked to bring I-864 and I-693 at time of interview. With the NBC, you have to submit everything at time of filing.

[Anahit]

Originally Posted by meers

I am sorry if its not a requirement. Better to keep my mouth shut, huh? But, on the interview letter they mention to get the I-864 with you and I just assumed it has to be the most recent one, b'cuz when we submitted our application we had tax returns for 2002, 2003 and 2004. We had filed our 2005 taxes before our interview, so we made a new affidavit of support.

Well, I submitted (for my parents) tax returns for 2001, 2002, 2003 (filed at the end of 2004), and then at the interview I took copies of all the papers I submitted plus my tax returns for 2004, and a recent pay stub. Not that they cared... The officer did not even ask for them. I told her that I had brought my recent tax returns. And she said "OK. You can leave it here." Go figure...
I don't think you needed a new Affidavit of Support. But then, we just prefer being over prepared for the interview to avoid problems as much as possible...

[ari4u]

Originally Posted by legrancake

my husband doesn't even have the tax return info 'cause he just doesn't do it... lets say if I find another sponsor than him, does my husband still has to fill I 864 ??
thanks

Your husband still needs to file I-864. Unless he has a valid reason for not filing taxes, he needs to backfile his taxes with IRS. The law changed a bit now. You need to only include tax returns for one year (the most recent) and not three as mentioned.

http://uscis.gov/graphics/publicaffa...ets/affaqa.htm

16. What if income tax returns have not been filed for each of the most recent 3 tax years?

A sponsor must include as many of the income tax returns for the most recent 3 tax years with the affidavit of support as he or she was required by law to file. If the sponsor filed fewer tax returns than were required, he or she should contact the Internal Revenue Service to determine how to file retroactively. If fewer than three returns were required for reasons such as less than 3 years' residency in the United States or lack of sufficient income, the sponsor should explain the reasons on the affidavit of support.

[meers]

Oops..my bad.. Thanks Anahit and Ari4u for clearing it up!