Questions about sponsorship and what is required

D

DK1102

Registered Users (C)
Im curious to know what the requierments of a sponsor are. I was told that if I was to sponsor my wife I would need to show a tax return for the past 3 or 4 years. Being that I was a full time student and not working at all, I dont have one for the past 2 years. She has been paying taxes for the past few years. We werent married while I was in school. I would like to think that I can sponsor my own wife being that Im a US Citizen who will be employed in a week or so and she has been paying taxes.

If this is correct, what exactly are the responsibilities of the sponsor? I could get my parents to do it if needed, but I would like to know in non legaleze what they would be getting into before I ask.

Thanks,

Dave
 
this paragraph looks promising:

What does the sponsor do when he/she was not required by law to file an income tax return during a given year?

If you did not have to file a tax return, attach a written explanation and a copy of the instructions from the IRS publication that shows you were not obligated to file. For general information on income tax obligations, visit the IRS website.
 
boatbod thanks for the Dept of State link. I wish I would have read that one when we were filling out our I-864!

My wife, who was my sponsor, didn't have a tax return for one of the three most recent years (and we used the EZ form which asked for taxable income for each of the past three years), and we ended up attaching a statement, and an exact reason from an IRS publication (we really wanted to cite the law but found it difficult to dig through). Since my wife was claimed as a dependent by her mom in that year we also attached the relevant page from her mom's tax return.

DK1102 you mentioned your wife has filed taxes, so I'm assuming she's employed. Even if you're the sponsor, your wife's income can be included with yours for purposes of meeting the 125% of poverty requirement.

In non-legaleze, what your parents would be getting into is essentially being financially liable for your wife if she didn't have an income and were to apply for certain public benefits. Although I'm hopeful it will never apply to you, be sure to understand that even divorce does not dissolve this contract. It gets dissolved when your wife becomes eligible for citizenship, or if she would give up her permanent residency, or if she reaches a certain number of social security work quarters.

I'm surprised/impressed that all of you citizens trust us husbands/wives so much to enter into these I-864 contracts so quickly! :D ;)
 
austriacus said:
DK1102 you mentioned your wife has filed taxes, so I'm assuming she's employed. Even if you're the sponsor, your wife's income can be included with yours for purposes of meeting the 125% of poverty requirement.
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That will work for this year's taxes in April 2008 which we are filing jointly, but we were married June 2007. So I cant very well go back and refile the past 2 or 3 years. The situation is pretty simple. I filed in 04 as I had job for 03 and then didnt file for 05 or 06 because I was in school and unable to be claimed as a dependent on my parents return. I restart my job in a week or 2 but it doesnt overcome the problem of 05/06. I just have to have my accountant send me the relevant information or point me in the right direction I guess. Shouldnt be an issue.

She has returns dating all the way back to 03 or 04. She could sponsor herself if that was legal!

In non-legaleze, what your parents would be getting into is essentially being financially liable for your wife if she didn't have an income and were to apply for certain public benefits. Although I'm hopeful it will never apply to you, be sure to understand that even divorce does not dissolve this contract. It gets dissolved when your wife becomes eligible for citizenship, or if she would give up her permanent residency, or if she reaches a certain number of social security work quarters.
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Yea thats not a problem. Between the 2 of us in our 08 return we will be in 6 figures. My parents would probably make her start going to school if they were to do it for her so she doesnt have to waitress the rest of her life. That sounds like a deal they would make.

As for the quickness... We have been planning this for awhile. I have a second honeymoon planned to Greece to visit her mom who she hasnt seen for 11-12 years. And I just want to get it done so she can travel with me for work.
 
Cool, you don't even have to file taxes but you have an accountant! ;)

DK1102, yes, there is such a thing as your wife sponsoring herself, in the sense that her income can be included with yours for the affidavit. You having to show your individual tax returns is a separate issue. She doesn't even have to be a "co-sponsor" (I-864A) I believe, because she's your wife. However, you won't be able to file I-864EZ but need to file I-864. It has pretty clear instructions on adding your spouses' income. I don't remember the details but I'm sure you have to submit separate proof of her income, such as several months of pay statements and/or letter from her employer. This income source must also continue in the future.

Since both of you seem to make or at some point have made good money, if you have savings, you can also use these as assets to meet the requirement, you'll have to show enough savings for multiple years of the 125% poverty line. The state dept link has info about how much you'd have to have in assets to qualify.

Looks like you'll be forking over a lot of tax in 2008! Better keep that accountant! :D

Just curious, what immigration status is your wife currently in?
 
I (US citizen) was not working when I married my husband who was having H-1 visa. Our lawyer said since my husband had been financially supporting me. We had to wait 6 months before I can file green card for him. Now, 4 years later, my husband just became a US Citizen.
 
austriacus said:
Cool, you don't even have to file taxes but you have an accountant! ;)
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Aww Ive had an accountant for years. I was working before I went back to school.

Looks like you'll be forking over a lot of tax in 2008! Better keep that accountant! :D
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Actually with the joint status and her grandmother being listed as a dependent we should do alright ;) My accountant has an office in the Grand Caymans... :D

Just curious, what immigration status is your wife currently in?
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Im not really sure. Im trying to get her to go to a real lawyer because currently she wants to use some consultant and not a real lawyer. She has been married once before and the last guy left her high and dry which was not cool. They were all the way up to the interview point and he decided he had enough and left her. So we have that issue to deal with as well.

The most recent thing we did was starting to fill out forms and stuff. So we are at the very beginning.
 
DK1102, I'm sorry about the bad experience your wife had. However, do find out what immigration status she has because it can affect such things as her being able to travel abroad while the adjustment of status is pending. The good news is that, if for some reason she doesn't have a legal status right now, any unlawful presence will be forgiven if you petition for her as a US citizen husband. Good luck with the process!
 
Where would I find out about her current status? Is that something a lawyer would be able to find out or can I do it on my own somehow?
 
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