i-864a without W-2

S

seafloor

New Member
My wife and I are filing our i-130, i-485, and i-765 right now.

As part of the i-485 we are completing the i-864 affidavit of support as well, but I also have to have her file a i-864a because I don't make enough money alone to meet the minimum requirement for a two person household (I am still in grad school).

She is currently on OPT time and makes more than enough money to put us past the requirement. The problem, though, is that the i-864a requires her to attach a W-2 form, but she has only had her job since February so she does not have one yet.

Does anyone have any suggestions?

Thanks in advance for any help!
 
She can't use OPT income for the Affidavit of Support, unless she has a job offer that would extend her employment beyond the OPT expiration.

And even if she has that post-OPT offer, she wouldn't file I-864A; there is a place on the I-864 itself to write the income of the intending immigrant.
 
Her current job is full-time, and she should be able to keep it past the OPT expiration date when she gets her new EAD with her adjustment of status. Also, I can't seem to find the place on the i-864 where I can list her income, I was under the impression that the i-864a was to be used when another family member (including the intending immigrant) offers their salary to supplement the sponsor's.
 
The intending immigrant doesn't fill an I-864A to include their income (there's a rare exception if there's accompanying children). This is stated in several places in the instructions: I-864 instructions page 8, 4b, income from the intending immigrant, it doesn't say anything about I-864A; I-864 instructions page 6, top, b and c, income from the intending immigrant, it says they don't need to fill out I-864A unless they have accompanying children.

W-2s are part of the tax return package, and are a requirement for past tax returns information question. They have nothing to do with current income question. Your wife is not filling I-864 or I-864A forms so they never ask this for her anyway. (And even if she were required to provide this, according to the I-864 and I-864A instructions, if she did not file tax returns for some year because she was not required to because her income was too low, she's just supposed to attach an explanation. So there's no problem in any case.)
 
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