Affidavit of support

S

sarrebal

Registered Users (C)
Hi again,

I'm a H1B holder soon to get married with a USC.
My future wife is in Law School (no immigration courses taken yet :0) ) and makes no money (even though her parents both have jobs) and I make much more than the 125% level and have tax return from year 2004.

Can I submit my income or must I ask her parents to submit theirs?

Thanks a lot!
 
sarrebal said:
Hi again,

I'm a H1B holder soon to get married with a USC.
My future wife is in Law School (no immigration courses taken yet :0) ) and makes no money (even though her parents both have jobs) and I make much more than the 125% level and have tax return from year 2004.

Can I submit my income or must I ask her parents to submit theirs?

Thanks a lot!
Click to expand...

You could get a joint sponsor or include your income. Search this forum. This topic has been discussed in detail.
 
ari4u said:
You could get a joint sponsor or include your income. Search this forum. This topic has been discussed in detail.
Click to expand...

I tried to search but couldn't find a specific case.
My situation is the following:
- My future wife is a student, therefore unemployed.
- Even though she was a dependant on tax returns, she has her individual tax returns for the past 3 years. Her income is just a few thousands of $$ (from part-time student jobs)
- Her parents have their tax returns and they meet the USCIS requirements and are willing to be joint sponsors.
- I, as a H1B holder, am employed and have tax return from 2004 and can obtain proof of employment from my employer.

What would be best in my case, in order to avoid any further delay?
- Submit her tax returns from years 2002, 2003 & 2004 + mine from 2004 and proof of my current employment (she's a full-time student)
- Submit her tax returns + her parents' ones (joint sponsors)
- Submit her tax returns, her parents' tax returns (joint sponsor) and mine (+ proof of employment). I understand that it's important to show that someone in the household is currently employed.

Thanks a lot!
 
sarrebal said:
I tried to search but couldn't find a specific case.
My situation is the following:
- My future wife is a student, therefore unemployed.
- Even though she was a dependant on tax returns, she has her individual tax returns for the past 3 years. Her income is just a few thousands of $$ (from part-time student jobs)
- Her parents have their tax returns and they meet the USCIS requirements and are willing to be joint sponsors.
- I, as a H1B holder, am employed and have tax return from 2004 and can obtain proof of employment from my employer.

What would be best in my case, in order to avoid any further delay?
- Submit her tax returns from years 2002, 2003 & 2004 + mine from 2004 and proof of my current employment (she's a full-time student)
- Submit her tax returns + her parents' ones (joint sponsors)
- Submit her tax returns, her parents' tax returns (joint sponsor) and mine (+ proof of employment). I understand that it's important to show that someone in the household is currently employed.

Thanks a lot!
Click to expand...

-Your wife does not meet the minimum income requirement as she is a student
-You meet the minimum income requirement but dont have tax returns for each of past 3 years.

You are not qualified to include your income as you have filed taxes only for one year as against the 3 year requirement (unless you can show evidence of assets that meet requirements). Get a Joint Sponsor. The USC spouse files I-864 (select option a. in part 2) eventhough she does not meet the minimum income requirement, your joint sponsor files a separate I-864 (selects option d. in part 2). USC spouse and joint sponsor both submit a copy of their federal tax returns for the past 3 years. Hope this helps.
 
ari4u said:
-Your wife does not meet the minimum income requirement as she is a student
-You meet the minimum income requirement but dont have tax returns for each of past 3 years.

You are not qualified to include your income as you have filed taxes only for one year as against the 3 year requirement (unless you can show evidence of assets that meet requirements). Get a Joint Sponsor. The USC spouse files I-864 (select option a. in part 2) eventhough she does not meet the minimum income requirement, your joint sponsor files a separate I-864 (selects option d. in part 2). USC spouse and joint sponsor both submit a copy of their federal tax returns for the past 3 years. Hope this helps.
Click to expand...


Thanks.
Just the last question.
I actually filed tax returns for years 2002 & 2003 also. I just can't find them anymore.
Even if I get copies (through IRS) of my past tax returns, 2003 income is fine, while 2002 is short (I came as a J1 in November 2002).
Do they require me to have sufficient income for 2002 also, or just from last year?
Thanks
 
sarrebal said:
Thanks.
Just the last question.
I actually filed tax returns for years 2002 & 2003 also. I just can't find them anymore.
Even if I get copies (through IRS) of my past tax returns, 2003 income is fine, while 2002 is short (I came as a J1 in November 2002).
Do they require me to have sufficient income for 2002 also, or just from last year?
Thanks
Click to expand...

You can call IRS and request your federal tax return transcript for the last 3 years. You already know the purpose of the affidavit...to show that an intending immigrant has adequate means of financial support and is not likely to become a public charge. Hence the reason for income requirements for the last 3 years. I have read somewhere that the most recent tax return would have the weightage in determining if income requirements are met and i think that is the reason why I-864 asks to enter income only for the most recent tax year.

Well, you can take the risk and include your income by filing I-864A, include supporting explanation as to why you dont meet the income requirement for 2002 (if not accepted, you might get a notice asking for joint sponsors) (OR) get a joint sponsor to file for you. I suggest you call up USCIS or talk to a lawyer about using your income.
 
Last edited by a moderator:
ari4u said:
You can call IRS and request your federal tax return transcript for the last 3 years. You already know the purpose of the affidavit...to show that an intending immigrant has adequate means of financial support and is not likely to become a public charge. Hence the reason for income requirements for the last 3 years. I have read somewhere that the most recent tax return would have the weightage in determining if income requirements are met.

Well, you can take the risk and include your income by filing I-864A, include supporting explanation as to why you dont meet the income requirement for 2002 (if not accepted, you might get a notice asking for joint sponsors) (OR) get a joint sponsor to file for you. I suggest you call up USCIS or talk to a lawyer about using your income.
Click to expand...

That is what I thought. IRS will take 60 days to mail me the past tax returns.
But I just printed the I-864 form.
In the checklist (page 3) it says:
THE FOLLOWING ITEMS MUST BE SUBMITTED WITH FORM I-864, AFFIDAVIT OF SUPPORT UNDER SECTION 213A:
FOR ALL SPONSORS:
- PROOF OF CURRENT EMPLOYMENT OR SELF EMPLOYMENT

Now, my wife (the sponsor) is a full-time student and not employed at all.

We'll have a joint sponsor and meet the income requirements, but my wife is NOT employed and won't be for another couple of years (not even at the time of the interview).

Is that a problem?
 
sarrebal said:
That is what I thought. IRS will take 60 days to mail me the past tax returns.
But I just printed the I-864 form.
In the checklist (page 3) it says:
THE FOLLOWING ITEMS MUST BE SUBMITTED WITH FORM I-864, AFFIDAVIT OF SUPPORT UNDER SECTION 213A:
FOR ALL SPONSORS:
- PROOF OF CURRENT EMPLOYMENT OR SELF EMPLOYMENT

Now, my wife (the sponsor) is a full-time student and not employed at all.

We'll have a joint sponsor and meet the income requirements, but my wife is NOT employed and won't be for another couple of years (not even at the time of the interview).

Is that a problem?
Click to expand...

It takes only 7-10 business days for IRS to mail out the transcripts. http://www.irs.gov/individuals/article/0,,id=110571,00.html

As long as the minimum income requirement is met AND you have a joint sponsor (assuming you are using one) who can provide proof of employment, it doesnt really matter if your wife is employed or not. Since your wife would be selecting option 3 from Part4.A of I-864, USCIS cant expect her to provide proof of emplyment.
 
Instead of requesting this form from the gov. , can we make a notorized copy of W-2 and include it with the documents?
 
fb1907 said:
Instead of requesting this form from the gov. , can we make a notorized copy of W-2 and include it with the documents?
Click to expand...

Copies or transcripts of federal tax returns are a must as Evidence of income for the Affidavit of Support. You submit W2 along with the copies only when you filed a joint income tax return and are using only your own income to qualify.

If you havent filed taxes, you owe the USCIS an explanation and also must back file taxes with IRS before you can support anyone. Alternatively you can show evidence of assets. If you have filed taxes but dont have copies of previous year tax returns, IRS can send you transcript for last 3 years.

On a side note: Having a W2 is not proof enough that you really did file your taxes. If it was me, i would rather wait for the transcripts and then send my application than getting an RFE and delaying the processing.
 
ari4u said:
Copies or transcripts of federal tax returns are a must as Evidence of income for the Affidavit of Support. You submit W2 along with the copies only when you filed a joint income tax return and are using only your own income to qualify.

If you havent filed taxes, you owe the USCIS an explanation and also must back file taxes with IRS before you can support anyone. Alternatively you can show evidence of assets. If you have filed taxes but dont have copies of previous year tax returns, IRS can send you transcript for last 3 years.

On a side note: Having a W2 is not proof enough that you really did file your taxes. If it was me, i would rather wait for the transcripts and then send my application than getting an RFE and delaying the processing.
Click to expand...
Thank you for your quick reply..
 
I am really sorry but I have an another question.

I called my sponsor, and told about the issue..
He send me the copies of the form 1040.. (Is this the correct form, what is the difference between 1099 and 1040..) He filled a joint tax return with his wife.. He is qualifying by his income only..

I really appreciate all your help...
 
fb1907 said:
I am really sorry but I have an another question.

I called my sponsor, and told about the issue..
He send me the copies of the form 1040.. (Is this the correct form, what is the difference between 1099 and 1040..) He filled a joint tax return with his wife.. He is qualifying by his income only..

I really appreciate all your help...
Click to expand...

You use 1099 if you are self employed and 1040 if your employer witholds yours taxes. If this is confusing, transcripts from IRS would do.

In your case, sponsor filed taxes jointly with his wife, so in order to use only his income, he would need to submit copies of W2 (dont have to be notarized) for previous 3 years along with the tax returns/IRS transcripts as mentioned in the instructions for the I-864.


Good Luck!
 
by the way

All the information that Ari4u has explained, you can find it when you download the form I-864 under "instructions".

good luck,
 
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