Affidavit of support... Very Very Confusing.. please help

A

ari4u

Registered Users (C)
I came across this really helpful forum yesterday and have been profusely reading through all relevant postings on this forum. Some were really helpful and some were not clear as there were posts with arguments both sides, but nothing concrete. One of them was the Affidavit of support (I-864) and thats where I am currently stuck helping my wife fill that form. I would really appreciate it if you could help me out with this as i have been reading contradictory information about income requirements.

If you havent read my earlier posts, here is a brief history... Me, H1B married a USC in Jan 2005. My wife is unemployed since Aug 2004. Her father claimed her as dependent on his tax returns for 2002 and 2003 as she was studying. She got a job in 2004 and has filed her independent tax return with an income more than 125% of the 2005 Poverty guidelines.

Since she does not have tax returns for 2002 and 2003, I wish to combine her income with mine and i was trying to find out how to do that. Some posts i read here advised to use I-864A and some asked not to.

Here is the excerpt from I-864 under instructions for Sponsors income requirements...

However, a household member who is the immigrant you are sponsoring only need complete Form I-864A if his or her income will be used to determine your ability to support a spouse and/or children immigrating with him or her.

and here is information i found online at...
http://www.nilc.org/immlawpolicy/aosupp/aosupp009.htm

http://www.immigrationlinks.com/news/news214.htm


These links ask not to use I-864A but majority of posts here suggest I-864A be used in my case. I am really confused and need clarification and advise from the experts here as to how i should proceed. Thanks a lot in advance and appreciate all the help.

:confused: :~confused!
 
To save your time, here is specfic information from the links...

National Immigration Law Center:
INS ISSUES GUIDANCE ON THE I-864 AFFIDAVIT OF SUPPORT
http://www.nilc.org/immlawpolicy/aosupp/aosupp009.htm
Where a sponsor’s spouse qualifies as a household member and is the sponsored immigrant, he or she should not complete Form I-864A. However, if the spouse is the sponsored immigrant but there are also immigrant children of the spouse listed on the affidavit of support, the spouse must complete the I-864A.​


The guidance states that a sponsored immigrant’s income may be used toward meeting the sponsor’s income requirement if the immigrant has been living in the sponsor’s residence for at least six months prior to the adjustment interview. The sponsored immigrant should not complete Form I-864A in this case because it is presumed that he or she will support him or herself. However, if there is a spouse and/or child immigrating with the sponsored immigrant, the sponsored immigrant must complete Form I-864A in order to have his or her income counted.​


INS Issues Affidavit of Support Instructions
http://www.immigrationlinks.com/news/news214.htm

USE OF SPOUSE'S INCOME
In some situations the sponsor's spouse qualifies as a household member and is also the intending immigrant being sponsored. Since a sponsored immigrant cannot agree to support himself or herself, he or she should not complete an I-864A. However, if there are children listed on the affidavit of support, then the spouse must complete an I-864A, indicating a willingness to support these children.

USE OF SPONSORED IMMIGRANT'S INCOME
A sponsored immigrant's income may be used toward meeting the income requirement if he or she has been living in the sponsor's residence for at least the previous 6 months. If the residence condition has been met at the time of the interview, then the sponsored immigrant's income can be used as part of the sponsor's household income. The sponsored immigrant does not need to complete a Form I-864A provided that he or she is the only person included on the affidavit of support. The sponsored immigrant needs to complete Form I-864A, however, if he or she is using his or her income to qualify and has an accompanying spouse or children included on the affidavit of support.​
​


Please help!
 
You will have to fill out the form I864A. My case is similar to yours. My husband (Beneficiary) did file I 864A. He is also on H1-b
 
amishah said:
You will have to fill out the form I864A. My case is similar to yours. My husband (Beneficiary) did file I 864A. He is also on H1-b
Click to expand...


Hi amishah, thanks for your prompt reply. I dont mean to be a pain, but the instructions on I-864 clearly mention that the sponsored immigrant needs to fill out I864A "ONLY" if there is a spouse and/or children immigrating with the sponsored immigrant. But you say there was no problem when you did the same, so i guess USCIS is not really that strict or maybe the rules have changed? Was there any other form you filled for the affidavit of support? Just curious because i could not find any official communicaiton on the USCIS site which mentions I-864A could be used by the sponsored immigrant even if there is no spouse and/or children immigrating along.
 
ari4u said:
Hi amishah, thanks for your prompt reply. I dont mean to be a pain, but the instructions on I-864 clearly mention that the sponsored immigrant needs to fill out I864A "ONLY" if there is a spouse and/or children immigrating with the sponsored immigrant. But you say there was no problem when you did the same, so i guess USCIS is not really that strict or maybe the rules have changed? Was there any other form you filled for the affidavit of support? Just curious because i could not find any official communicaiton on the USCIS site which mentions I-864A could be used by the sponsored immigrant even if there is no spouse and/or children immigrating along.
Click to expand...
ari4u,
I was confused too in the begining. Then I called 800#, they said my husband have to ffill out I 864A. Then I though well lets just fill it out and send it over. If they don't need it, they will throw away. But if I don't send it them and they will need it, they will send me a RFE which will delay my application.
 
amishah said:
ari4u,
I was confused too in the begining. Then I called 800#, they said my husband have to ffill out I 864A. Then I though well lets just fill it out and send it over. If they don't need it, they will throw away. But if I don't send it them and they will need it, they will send me a RFE which will delay my application.
Click to expand...

Okay, i see your point. I will do the same. The forms ask for copies of tax returns from past 3 years, I have my tax returns for past 3 years, and will appreciate it if you can let me know what needs to be done for my wife as she has tax returns only for 2004 and was claimed as dependent by her father for 2002 and 2003.

Thanks for your help. Its really appreciated.
 
ari4u,

You need to file I-864A regardless of what other websites say. The instructions on the form itself are clear...here is an excerpt.

Under Section 213A of Act, this contract must be completed and signed by the sponsor and any household member, including the sponsor's spouse, whose income is included as household income by a person sponsoring one or more immigrants. The contract must also be completed if a sponsor is relying on the assets of a household member who is not the sponsored immigrant to meet the income requirements. If the sponsored immigrant is a household member immigrating with a spouse or children, and is using his or her income to assist the sponsor in meeting the income requirement, he or she must complete and sign this contract as a ''sponsored immigrant/household member.''

This clearly states that if you (immigrating spouse) are including your income to meet income requirements, you must submit this form.

As for the tax returns, submit your tax returns for the last 3 years and your wife's for the last year.

Good luck!
 
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