I-864 question
- Thread starter Anahit
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JohnnyCash
Volunteer Moderator
Dear Anahit,
If the sponsor has less than 3 years of qualifying income then INS will need a written explanation on it why it is so. Sometimes some people do face this kind of situation because of studying, or being ill for a long time, or working only part-time or etc. Thus, INS would like to know why. However, they weigh and focus mostly on current income. The reason to see the last 3 yrs' income is just to make sure that sponsor have some kind of ability and capability to earn income so that govt. can sue the sponsor in case alien would become a burden on US govt. The requirement of showing 3 yrs' income is not to determine whether or not sponsor has been making qualifying income for the whole 3 yrs, rather it is for to know whether sponsor keep the ability to earn income to support alien.
On this kind of situation, officer's own discretion would decide the case. Some officers are easier than others. The immigration officers who take interview in US embassies/Consulates are very tough on this issue. It is my recommendation to have a co-sponsor ready to back up in case officer would refuse to approve a case based upon income of sponsor on any given year out of last 3 yrs. But in my opinion, INS officer would focus on current income or latest income tax-return.
Good Luck.
If the sponsor has less than 3 years of qualifying income then INS will need a written explanation on it why it is so. Sometimes some people do face this kind of situation because of studying, or being ill for a long time, or working only part-time or etc. Thus, INS would like to know why. However, they weigh and focus mostly on current income. The reason to see the last 3 yrs' income is just to make sure that sponsor have some kind of ability and capability to earn income so that govt. can sue the sponsor in case alien would become a burden on US govt. The requirement of showing 3 yrs' income is not to determine whether or not sponsor has been making qualifying income for the whole 3 yrs, rather it is for to know whether sponsor keep the ability to earn income to support alien.
On this kind of situation, officer's own discretion would decide the case. Some officers are easier than others. The immigration officers who take interview in US embassies/Consulates are very tough on this issue. It is my recommendation to have a co-sponsor ready to back up in case officer would refuse to approve a case based upon income of sponsor on any given year out of last 3 yrs. But in my opinion, INS officer would focus on current income or latest income tax-return.
Good Luck.
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Follow-up question
Hi,
My wife is a USC and we filed for my PR (I-130, I-485, I-765) on 12/10/2005. I have a follow up question to this thread as I'm in a similar situation. My wife started working Jan 2005; so we dont even have her tax returns for last year, much less the last three years! However, while submitting the PR forms, we included a letter along with the I-864 explaining the situation. We also included a letter of employment from her company and also her previous three pay stubs. Apart from that, I have been working for the last five years on an H1-B and I make almost double of what she makes annually. So, we wrote a letter indicating that and included my last three years tax returns (MFJ for the last two years as we were married Dec 2003). We also included proof of assets (savings, stocks/bonds etc.) all of which more than makes up for ten times above the poverty line. So do you think we have a good case here as far as the I-864 is concerned or do we still have to go out and get a co-sponsor?
Greatly appreciate your response.
cheers!
Timeline:
12/10/2003: Married (two years now
)
12/10/2005: Mailed I-130,I-485,I-765 on 12/10/2005
12/13/2005: RD
12/15/2005: ND and checks cashed
12/15/2005: RFE: Notice of missing bio fee of $70
12/16/2005: Mailed $70 biometrics fee
12/26/2005: ND for bio fee and check cashed
waiting for bio/FP appointment notice...
Hi,
My wife is a USC and we filed for my PR (I-130, I-485, I-765) on 12/10/2005. I have a follow up question to this thread as I'm in a similar situation. My wife started working Jan 2005; so we dont even have her tax returns for last year, much less the last three years! However, while submitting the PR forms, we included a letter along with the I-864 explaining the situation. We also included a letter of employment from her company and also her previous three pay stubs. Apart from that, I have been working for the last five years on an H1-B and I make almost double of what she makes annually. So, we wrote a letter indicating that and included my last three years tax returns (MFJ for the last two years as we were married Dec 2003). We also included proof of assets (savings, stocks/bonds etc.) all of which more than makes up for ten times above the poverty line. So do you think we have a good case here as far as the I-864 is concerned or do we still have to go out and get a co-sponsor?
Greatly appreciate your response.
cheers!
Timeline:
12/10/2003: Married (two years now
)12/10/2005: Mailed I-130,I-485,I-765 on 12/10/2005
12/13/2005: RD
12/15/2005: ND and checks cashed
12/15/2005: RFE: Notice of missing bio fee of $70
12/16/2005: Mailed $70 biometrics fee
12/26/2005: ND for bio fee and check cashed
waiting for bio/FP appointment notice...
Last edited by a moderator:
You should have filled out form I864A instead of writing a letter. Did you not see that in I 864's instruction? Your income can be counted and if its meet the requirement then you don't need a co-sponsor.cheerus said:Hi,
My wife is a USC and we filed for my PR (I-130, I-485, I-765) on 12/10/2005. I have a follow up question to this thread as I'm in a similar situation. My wife started working Jan 2005; so we dont even have her tax returns for last year, much less the last three years! However, while submitting the PR forms, we included a letter along with the I-864 explaining the situation. We also included a letter of employment from her company and also her previous three pay stubs. Apart from that, I have been working for the last five years on an H1-B and I make almost double of what she makes annually. So, we wrote a letter indicating that and included my last three years tax returns (MFJ for the last two years as we were married Dec 2003). We also included proof of assets (savings, stocks/bonds etc.) all of which more than makes up for ten times above the poverty line. So do you think we have a good case here as far as the I-864 is concerned or do we still have to go out and get a co-sponsor?
Greatly appreciate your response.
cheers!
Timeline:
12/10/2003: Married (two years now
12/10/2005: Mailed I-130,I-485,I-765 on 12/10/2005
12/13/2005: RD
12/15/2005: ND and checks cashed
12/15/2005: RFE: Notice of missing bio fee of $70
12/16/2005: Mailed $70 biometrics fee
12/26/2005: ND for bio fee and check cashed
waiting for bio/FP appointment notice...
I don't quite remember the full instructions but I do remember that I had to write a letter with an explanation because I was "missing" one year. Look a the instructions on the form again, I must have seen some info pertaining to this somewhere. I did not complete the 864A (don't remember why or the form). By the time the interview came around, another year had passed so I submitted a new 864 at the time of the interview which included documents for the most recent 3 years.
So what are my options now? Should I mail in the I-864A now? I called USCIS and they told me that it would be hard to find my file to add the newly sent I-864A and I should rather wait for them to send a letter (RFE) in order sned in my I-864A.
Anybody have any experiences with this? I'm assuming this is badly going to delay my application
Anybody have any experiences with this? I'm assuming this is badly going to delay my application
I would say wait for RFE for a month. If you don't heard from them in a month then send it to them. This may delay your process at some extent.cheerus said:So what are my options now? Should I mail in the I-864A now? I called USCIS and they told me that it would be hard to find my file to add the newly sent I-864A and I should rather wait for them to send a letter (RFE) in order sned in my I-864A.
Anybody have any experiences with this? I'm assuming this is badly going to delay my application