I-864 ?s

[aba anoma 0]

Our case was approved on Christmas Eve and I just learned through the AVR that the NVC assigned our case number yesterday. I have all of my husband's documents signed and ready to go, so I was just now looking at the documents I need to fill out myself (as the USC), specifically the I-864.

I spent most of 2005-2007 living in Ghana. I did file taxes for all three years because I ended up being in the US for a month or two each year. Obviously my income was quite low given that I only worked for a short time. My 2007 tax return was only for about $5,000. Now I am living in the US permanently and have a salary that exceeds the 125% poverty guideline. I am going to get a letter confirming my salary from my employer and I can include six months of paystubs.

So, my question is...do I still qualify as a Sponsor if my current salary is above the poverty guideline, but my most recent tax return was not?? I was planning on resolving this by filing my '08 taxes early- before we were suddenly approved last week. I did a little temp work at the beginning of this year and the temp agency says my W-2 will not be available until late January/early February...so I don't want to slow down the NVC by waiting to file, but I also don't want to have any problems with my qualifications as a Sponsor.

If I do qualify as a sponsor (with no joint sponsor necessary), can I then do the I-864EZ? I meet the first two requirements, but the third says "The income you are using to qualify is based entirely on your salary or pension and is shown on one or more Forms W-2 provided by your employer(s)". I could probably get the W-2 for my current job by mid-January.

To further complicate things, I have also been listing myself as 'Single' because I did not find out that our marriage was legally binding in the US until July.

Forgive my cluelessness! I would appreciate any advice re: the I-864. Thanks!! Happy New Year!

[moonhunt 1]

If I were you, I will include Tax Year 2007 information plus this year (2008) pay stubs along with employer letter confirming your employment and salary.

Then write cover letter explaining the situation, which your pay stub for last week of 2008 shows total earning for year 2008, but employer's W2 is not ready yet.

Usually last week paystub of the year should show Year-To-Date income.

They may accept it or ask for RFE to request Tax Year 2008 federal return copy.

Edited December 31, 2008 by moonhunt

[couple 0]

Hi, in my opinion , maybe you should get a co-sponsor to be safe. Im not an expert hehehe but probably if we have the same situation my hubby would get a co-sponsor so there would be no possible rfe and no more delays waiting on new tax return etc since your all documents are ready to go.

again its only my opinion.

happy new year

[aba anoma 0]

Okay. Thank you both for your advice. I was also thinking of writing an explanatory letter since I now meet the requirements and can show (via immigration passport stamps) that I was simply out of the country for most of '07. I'll see if I can get my new W-2 early to include as well.

I'll think about it. Thanks again for your help!

[cmnb 0]

Okay. Thank you both for your advice. I was also thinking of writing an explanatory letter since I now meet the requirements and can show (via immigration passport stamps) that I was simply out of the country for most of '07. I'll see if I can get my new W-2 early to include as well.

I'll think about it. Thanks again for your help!

if i am not wrong, the law requires that the employer distribute W2s to their employees by January 31. so its going to be better for you to wait for your W2 and then file tax returns for 2008. if your income was sufficient for 2008, just send the return with the 6 months of pay stubs and an employment letter from your employer. sending 3 years of return is optional according to the instructions on I-864EZ. i dont see why you would volunteer 3 years of returns or send explanations when there is a good possibility that your case will be approved without this info.

[payxibka 10,047]

you can always amend prior years returns ... you have up to three years from the due date of the return or the date of filing (whichever is later) to do this

Edited December 31, 2008 by payxibka

[cmnb 0]

Okay. Thank you both for your advice. I was also thinking of writing an explanatory letter since I now meet the requirements and can show (via immigration passport stamps) that I was simply out of the country for most of '07. I'll see if I can get my new W-2 early to include as well.

I'll think about it. Thanks again for your help!

if i am not wrong, the law requires that the employer distribute W2s to their employees by January 31. so its going to be better for you to wait for your W2 and then file tax returns for 2008. if your income was sufficient for 2008, just send the return with the 6 months of pay stubs and an employment letter from your employer. sending 3 years of return is optional according to the instructions on I-864EZ. i dont see why you would volunteer 3 years of returns or send explanations when there is a good possibility that your case will be approved without this info.

here it is:

A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file.   Also include a copy of each and every Form 1099, Schedule, and any other evidence of reported income. You may submit this information for the most recent three tax years , pay stub(s) from the most recent six months, and/or a letter from your employer if you believe any of these items will help you qualify.

[aba anoma 0]

Yes, I agree it may be simpler to just file for '08. I was reluctant to do so because I am worried about making it in to the NVC in time to get my interview scheduled in February (for March, hopefully). However, it will take care of two problems (filing single and insufficient income in '07), so I guess I'll go ahead with it.

I also just posted in the Nov/Dec NVC topic about the difference between returns and transcripts. CMNB's quote mentions a copy of the tax return...I don't remember ever getting a transcript- perhaps because I always file online or you must request one? Regardless, I will only worry about '08 because I'm not going to submit previous years as it will not strengthen my case.

Thanks again for the advice and information. Afehyia paa! (Happy New Year!)

[cmnb 0]

Yes, I agree it may be simpler to just file for '08. I was reluctant to do so because I am worried about making it in to the NVC in time to get my interview scheduled in February (for March, hopefully). However, it will take care of two problems (filing single and insufficient income in '07), so I guess I'll go ahead with it.

I also just posted in the Nov/Dec NVC topic about the difference between returns and transcripts. CMNB's quote mentions a copy of the tax return...I don't remember ever getting a transcript- perhaps because I always file online or you must request one? Regardless, I will only worry about '08 because I'm not going to submit previous years as it will not strengthen my case.

Thanks again for the advice and information. Afehyia paa! (Happy New Year!)

looking at your timeline and given that NVC wont really be in a working mood until monday next week, it seems very very unlikely that your case will finish in time to secure a february interview. so it is in your best interest to file 2008 returns and try to make it in for a march interview. it pays to take things easy sometimes. thats why i am taking things easy and would ideally want to finish NVC by end of january and get in line when they schedule interviews in feb.

as for the transcripts, you can call IRS and get a copy of the transcripts. they arrive in your mailbox in about a week of your request. they are fairly quick. mine came in like 3 days of my request. i dont have the number handy but if u google tax transcripts from IRS, you will be able to get the number. i think Lingche's guide or the james shortcut (one of them) has the number.

but i agree, in your case, if you give them previous years it may end up hurting you instead of helping you. i hope all works out for you. good luck!

....and here's wishing you a very happy new year!