Need Assistance in Answering to the Query on I-485

S

Swathee

Registered Users (C)
Hello,
I applied for Family based Green Card(through my husband) on Oct-25. I got a letter asking Request For Initial Evidence (I-485). And the Request was for the Following:
1.Submit a Complete Fedaral Income Tax Return Submitted to the IRS from the Petitioner/Sponsor on form I-864, Affidavit Of Support, for the most recent tax year.
2.Copy of foreign Applicant's Birth Certificate .

My husband(Now Citizen) is working for military from 2010 January. He was a student till then so had no income and was on student visa. My question is What should be included in the affidavit of support. The Petitioner/Sponsor on I-864 is my husband. So is it enough if he submit's the tax return for 2010 that had no income(form 1040 NR) and do let me know what should be on the Affidavit of support.
Let me know if i need to include any thing else apart from thse.
Please suggest me.
 
Last edited by a moderator:
We got married in July 2010 and i'm currently on F1 visa. So Please let me know the Details that need to be included in the Affidavit Of Support.
 
Swathee said:
We got married in July 2010 and i'm currently on F1 visa. So Please let me know the Details that need to be included in the Affidavit Of Support.
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He needs to file the I-864. IF he is active duty in the U.S. Armed Forces, then, he qualifies for a lower income level. SEE: http://www.uscis.gov/files/form/i-864p.pdf

He will need to ask for help from his command's personnel folks about getting something that shows his income (they will have some specific form to be issued). That same documentation will likely suffice for the U.S. Domicile exception, he needs to check with them about that, too.

From the I-864 instructions for the sponsor's evidence: "If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it."
 
If your husband is active duty military, you and he can receive special assistance from the USCIS Military Helpline. There is a link to information about the program along with contact numbers on the USCIS website. It is a small reward to acknowledge the service and special circumstances of US military personnel so please use it if he qualifies.
 
Need Clarity

He is on U.S Military active duty since 2010 Jan but the I-864 Query was on recent taxation year which means to me is for 2009 TAX year. As he was a student in 2009 and was on F1 visa he had no income for the previous years but still happen to file the tax for 0$ Income. So is it okay if he sends this particular tax returns for the year 2009 or does he need any thing addtional. Let me know.
Note:I-864 Query was on Tax Returns for recent taxation Year.
 
Swathee said:
He is on U.S Military active duty since 2010 Jan but the I-864 Query was on recent taxation year which means to me is for 2009 TAX year. As he was a student in 2009 and was on F1 visa he had no income for the previous years but still happen to file the tax for 0$ Income. So is it okay if he sends this particular tax returns for the year 2009 or does he need any thing addtional. Let me know.
Note:I-864 Query was on Tax Returns for recent taxation Year.
Click to expand...

My hubby and I were in the same situation. He was a student all year in 2009 and joined the military in january 2010. As a prove of income (and for the I-864) we sent in a copy of his 2009 tax return with W-2 form, a Letter of Employment from the finance Commander, all the LES (paystubs) he had until then and a copy of his Military ID. It was all accepted, no problems. You might want to do it the same way
 
The fact the RFE was for information from before his enlistment is not a problem. Please contact the helpline as they will assist you in doing everything correctly without charge for an attorney. This is critical if there is an upcoming deployment.
 
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