I-864

[Aloe 10]

I am filling in the I864 form at the moment and have an issue. My husbands mother will be completing an I864a and her income alone will be meeting the guideline requirements. However, my Husband only recently got a job and I am unsure of whether or not I should be stating his income on the form or if I should mark him as unemployed even though he is not. If I do place his income on the form and do not provide any tax returns or pay stubs (as he has none at the moment) will that matter? Will they dsregard his income and only take into account his mother's income? (which is fine) or will they send me an RFE and ask for the pay stubs and tax forms that we do not have?

TIA!

[Shelly&Jay 0]

Did he file any kind of tax return for 2008? And how soon will he get a pay check with a pay stub before or after you are planning on filing? Is there any way you can speak with a lawyer?

My gut reaction is to place his income on the form since when you go for the interview you will have pay stubs by then, but I would speak with a lawyer.

Good luck,

Shelly

[Aloe 10]

He will not have a paycheck for another 2 weeks as he only started the job last week. This also means that he did not file any kind of tax return for 2008. I think I will just write it on the form and not mark the boxes to do with filing tax returns. If they send an RFE for anything we can explain then and can get a letter from his employer and by then he should have at least one paystub if not more. I don't think we need to be worried because even if we do write down his income and they cannot count it his mother's income will make up for what we need and more.

Or am I totally crazy for thinking it would work like that?

[Shelly&Jay 0]

Would his work be willing to write a letter now? It should include start date and his anticipated yearly income. That and his mother's income might be enough to not get an RFE. Then when you have the interview I would bring pay stubs.

It's really difficult to say if you will get an RFE or not.

Shelly

[Aloe 10]

I'm fine with getting an RFE just as long as my paperwork is in so that I can stay here. I'm sure his work would be willing to write a letter so I think we will try that if only for the convenience of not having to get the RFE and deal with everything later on.

Thanks for your help! Hopefully I will be able to file within the next few days.

[bantam 0]

My wife wasn't working when we applied for AOS, however her father sponsored us using I-864A and we were well over the poverty limit with her dad's income. I just sent in tax transcripts for both of them. It was barely brought up in the interview. I did hand her over (almost forced over, she wasn't really interested) paystubs and a letter from work for her dad at the interview, she didn't even ask about my wifes employment situation at the interview.

Edited April 25, 2009 by bantam

[Anh map 2,098]

Is the husband the USC? If the petitioner did not file / need to file a tax return they must attach an explanation to the I-864. Read the I-864 instructions completely to understand what must be submitted.

Don't just leave things blank on the form. It will only delay the process as RFE as issued.

Obtain the employer letter and submit it.