Mother being petitioned while living in the US with non immigrant visa.

cupcake

New Member
I don't have income tax returns since I didn't live here for the last few years (I am 23 years old) and we have a joint sponsor who is my uncle, we live with him and my aunt.

I need urgent help, I received a letter today from the Department of homeland security requiring for more evidence, and if I don't send it by december 7th my petition will be DENIED :(!!!!

The letter we got stated the following:

"The AFFIDAVIT OF SUPPORT (Form I-864) submitted bt the petitioner does not meet the poverty guidelines. Therefore, please submit:
a)COPY OF "INDIVIDUAL INCOME TAX RETURNS" FROM THE IRS FOR 2012, 2011, 2010;
b)COPY OF ALL THE INCOME SUPPORTING "W-2" FORMS -OR- "1099" FORMS FOR: 2012, 2011, 2010;
c)CURRENT PROOF OF EMPLOYMENT (either a letter or recent pay stubs).
d)PROOF OF LEGAL RESIDENCE OR U.S. CITIZENSHIP
"

I am a single 23 year old U.S. Citizen, and my mother is the beneficiary. I live with my uncle and aunt, and my uncle is the joint sponsor. We submitted form a I-864 for me and another for my uncle, with a, b, and c attached in his.
My I-864 form did not include any supporting documentation because I moved back to the US in January this year and I didn't have a job when we filed the petition.

My question is, what should I send? I've lived here for a few months because I was studying abroad for the last years, therefore I don't have any income tax returns, nor W2 forms. I have a job now so I could include a letter for proof of employment?.
And what document serves as proof of citizenship? They're not asking for a COPY, they're asking for proof, so I should send my original birth certificate? or SSN? or my ID?

Thank you in advance.
 
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They don't need proof of citizenship or permanent residency from you. The petitioner doesn't need to provide that for the I-864 (that was already provided for the petition). They need that for the joint sponsor (your uncle). If you look in the instructions, it says joint sponsors need to provide proof of citizenship and permanent residency.

What matters is current income. If you have enough income now to meet the poverty guidelines then you don't need a joint sponsor. (It makes no sense to have both you and a joint sponsor both meet the poverty guidelines.) You are supposed to provide one year of tax returns (either a tax return transcript or a copy of the tax return + W2's + other forms) and the "total income" from the last three years of tax returns only if you were required to file. In other words, anyone who did not break tax law satisfies this requirement. If you were not required to file because your income was too low, then that's fine. Per the instructions you need to attach an explanation of this.
 
Last edited by a moderator:
They don't need proof of citizenship or permanent residency from you. The petitioner doesn't need to provide that for the I-864 (that was already provided for the petition). They need that for the joint sponsor (your uncle). If you look in the instructions, it says joint sponsors need to provide proof of citizenship and permanent residency.

What matters is current income. If you have enough income now to meet the poverty guidelines then you don't need a joint sponsor. (It makes no sense to have both you and a joint sponsor both meet the poverty guidelines.) You are supposed to provide one year of tax returns (either a tax return transcript or a copy of the tax return + W2's + other forms) and the "total income" from the last three years of tax returns only if you were required to file. In other words, anyone who did not break tax law satisfies this requirement. If you were not required to file because your income was too low, then that's fine. Per the instructions you need to attach an explanation of this.

When we filed the application I didn't have a job yet, I used my uncle as the joint sponsor for that reason (i still need it because my income does not cover the poverty guideline). We sent his W2 and income tax returns for the last 3 years as the instructions stated. I can't provide any income tax returns or W2 because is my first job, and my income is not enough according to the poverty guidelines.

Besides they clearly state they need those documents from the petitioner, which is me, not the joint sponsor which is my uncle...
 
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