Affidavit of Support for Wife with no recent W2s

A

AnyTimeNow

Registered Users (C)
I am a permanent resident since 2004. I applied I-130 for my wife in Jan 2011 and her PD is now 7-8 weeks away. I stayed out of US to be with my wife for last couple of years but without breaking the residency requirements and always filed taxes but with almost zero income.

Now since the PD is becoming current, I have moved back to the US and taken a job starting Jan 2013. I have got offer letter and salary slips showing income well over the requirements to support my wife's petition.

Question is I don't have 2011 or 2012 W2s, and I-864/I-864EZ both ask for W2s. I can attach past federal returns but they don't show any significant income or W2s. All I can attach is current offer letter, employment verification and 2-3 salary slips but no W2s. What should I do?

Thanks for any guidance!
 
AnyTimeNow said:
Question is I don't have 2011 or 2012 W2s, and I-864/I-864EZ both ask for W2s. I can attach past federal returns but they don't show any significant income or W2s. All I can attach is current offer letter, employment verification and 2-3 salary slips but no W2s. What should I do?

Thanks for any guidance!
Click to expand...

Your current employment proof is very important.But it looks like you need a co-sponsor who should also file Form I-864.
 
Thanks Nancy.

Who can be a co-sponsor in this case? I have no household members or relatives in USA. But I can get one of my friends to co-sponsor easily. Would that be okay? If yes, should I send I-864 from me and I-864 from my friend in one package to NVC, or should I file mine and wait for them to ask for a co-sponsor? Thanks!
 
Lack of W2 or 1099 for prior years doesn't mean you need a joint sponsor. Your current income is of primary importance, and if your current income is over 125% of the poverty line, you don't need a joint sponsor unless they're unsatisfied with your evidence of income or the stability of the job. Go ahead with just your own income, and don't bother to bring anybody else into it unless USCIS or the consulate specifically requests it.
 
Thanks for the answers Nancy and Jackolantern. I am sending
a) barcode coversheet
b) I-864 (petitioner-only)
c) 2012 federal return
d) employment verification letter
e) last 2 paystubs

And, I am keeping my friends I-864 ready to be sent if they come back. will update in this thread what happens.
 
Jackolantern said:
Lack of W2 or 1099 for prior years doesn't mean you need a joint sponsor. Your current income is of primary importance, and if your current income is over 125% of the poverty line, you don't need a joint sponsor unless they're unsatisfied with your evidence of income or the stability of the job. Go ahead with just your own income, and don't bother to bring anybody else into it unless USCIS or the consulate specifically requests it.
Click to expand...

Apologies for hijacking this thread, but I am interested in asking if it's enough for my wife to show a joint tax return that qualifies her for being my sponsor (for my I485 AOS) where she has no income and all the income is mine?

My understanding was that if the I130 petitioner does not have sufficient income then, even if the spouse has sufficient income for the I864, the visa officer will not consider the joint return to be valid and will RFE for joint sponsors?
 
sekharan said:
Apologies for hijacking this thread, but I am interested in asking if it's enough for my wife to show a joint tax return that qualifies her for being my sponsor (for my I485 AOS) where she has no income and all the income is mine?

My understanding was that if the I130 petitioner does not have sufficient income then, even if the spouse has sufficient income for the I864, the visa officer will not consider the joint return to be valid and will RFE for joint sponsors?
Click to expand...

If one spouse is petitioning the other, and the immigrating spouse has income from legally authorized employment in the US which is expected to continue after the green card (i.e. not something like a summer internship), that income can be added on the I-864. Just list it on question 24(b), and attach evidence of your income (tax return/transcript + recent paystubs/job letter).
 
You must log in or register to reply here.
Top