Help Needed for I-864, Affidavit of Support. THANK YOU!

[GoDogs]

Hi Guys:

Here is the situation. Will be filing AOS for immigrant spouse through marriage to USC.

USC has not filed for taxes in the last 3 years, only in the last year since USC was not required to file federal income tax. However, if her current salary + assets (savings, CD) + assets of spouse are added up, they may be able to cover the 125% income requirement needed for the I-864. USC spouse is a full time student and is currently not working.

My questions:

1) Since USC is a full time student and only works part time, do you think we should submit I-864 from joint sponsor(s) anyway - ones that have filed tax returns for the last 3 years and are working full time, even though as I have mentioned above, combined assets may cover the needed amount?

2) USC's parents have volunteered to file I-864 if needed (if the answer is yes to question 1). Both parents filed taxes jointly, do they have to put both their names on the I-864? Or is it true that only one spouse's income is needed as long as it covers the 125% needed?

3) Is it possible for both parents to (mom & dad) use their combined incomes as a household on one I-864? Or is it the case that only 1 person, either mom or dad has to be able to cover the 125% needed?

Thank you all! And I am looking forward to your responses.

 

[woodenshoe101]

Hi Guys:

Here is the situation. Will be filing AOS for immigrant spouse through marriage to USC.

USC has not filed for taxes in the last 3 years, only in the last year since USC was not required to file federal income tax. However, if her current salary + assets (savings, CD) + assets of spouse are added up, they may be able to cover the 125% income requirement needed for the I-864. USC spouse is a full time student and is currently not working.

My questions:

1) Since USC is a full time student and only works part time, do you think we should submit I-864 from joint sponsor(s) anyway - ones that have filed tax returns for the last 3 years and are working full time, even though as I have mentioned above, combined assets may cover the needed amount?

2) USC's parents have volunteered to file I-864 if needed (if the answer is yes to question 1). Both parents filed taxes jointly, do they have to put both their names on the I-864? Or is it true that only one spouse's income is needed as long as it covers the 125% needed?

3) Is it possible for both parents to (mom & dad) use their combined incomes as a household on one I-864? Or is it the case that only 1 person, either mom or dad has to be able to cover the 125% needed?

Thank you all! And I am looking forward to your responses.

1) If you use assets to count towards the income requirement, you have to have quite a bit more than 125% poverty line (I believe its 7x that amount?)

2) If they volunteered, take it with both hands if you have trouble meeting the limit yourself. Since they file jointly, i would put both names, but I doubt you would have to put both.

3) This you should be able find in the 864 instructions. As far as I remember, in this case, regardless of whose name is on the form, the other person (mom or dad) still counts in the household members (so the income should be enough to support 4 people (spouse, you, mom and dad) at 125% poverty). Again, check the 864 instructions as those state exactly who should be counted in a situation where there are additional sponsor(s).