Affidavit for Support

[eclipsezero 0]

We haven't gotten this far in our process yet but I had some questions regarding the Affidavit of Support and I-864. They want last 3 years of income.

In 2006 I was in my final year as a full-time student and did not make any money so I did not file a tax return. Does anyone have the documents in the IRS tax code that I can show that I was not required to file taxes?

In 2007 I made about about the poverty threshold but very near it for 2 people.

In 2008 I made far beyond the poverty threshold for 2 people.

I also have savings that would equate to 1 year income for 2 people.

Being that I did not have any income in 2006 and income under threshold in 2007. What do you recommend? My father might be able to be a joint sponsor for my wife. However, 2008 his income would not meet the requirement for for 3 people at 125% though he has savings and owns his house. In 2006/2007 his income was far beyond the threshold for 3 people.

[waiting4approval 2]

they REQUIRE the tax return for 2008 only.. people provide 2007, 2006 just for the sake of it.. I didnt meet the requirement for even 2008 but my current income was far above n beyond the required level so I sent in my employment letter, recent pay stubs and all that... I still had a co-sponsor only to find out later that since he is self employed and had his wife n daughter dependent on him, he didn't meet the requirement for a household size of 5 people! I sent the papers in, never received any RFE, now I dunno if they looked at my current year income or what but it went through just fine!

Personally, I dun even think that you need a co-sponor.. bottom line is, if you have income 125% above the poverty line for 2008 and current year 2009, you are good. :-)

[Anh map 2,098]

Current annualized income is the key. Document your income with paystubs, employer letter.

If you did not file / were not required to file one of the past 3 years add a statement to that effect explaining the reason why. (The I-864 instructions require this) If you were a FT student and did not work that is an acceptable reason.

[eclipsezero 0]

I am self-employed, will this effect it?

[Thai family 0]

Line 19 on the I 864 says "I have filed income taxes for the three most recent tax years" - not the precise wording, but you get the idea. Then you have to check yes or no, which I think is a weakness in the form, because life is not always black and white. My son had almost an identical situation. A letter was written as explanation to be notarized. Evidence was included to support his claim - eg. VA education benefit info, copy of his student visa that forbid him to work and his college diploma. The direction to notarize a letter regarding taxes came from the visa information center in DC, not from the USCIS. We figure it can't hurt. I just mailed the packet to him Friday for signatures, and it's supposed to arrive at the USCIS by July 1st. The tracking indicated it was in Billings MT, which seems a bit out of the way when traveling to FL. All that to say the last poster is right.

Thai Mom

[eclipsezero 0]

I am self-employed, will this effect it?

Should mention, I'd be able to include invoices. I wouldn't have any problem providing them for every month til now too.

[Anh map 2,098]

As long as you can show that your income is sufficient you will be ok. Line 22 of the 1040 is where you want to look.

Sometimes self-employed petitioners are tripped up here because they maximize the business expenses to lower the tax burden. A great plan except when it comes to these affidavits. You will need to show your full 08 tax reurn including schedule C, etc. and have the same info for the current year.

Edited June 22, 2009 by Anh map

[eclipsezero 0]

As long as you can show that your income is sufficient you will be ok. Line 22 of the 1040 is where you want to look.

Sometimes self-employed petitioners are tripped up here because they maximize the business expenses to lower the tax burden. A great plan except when it comes to these affidavits. You will need to show your full 08 tax reurn including schedule C, etc. and have the same info for the current year.

You're very correct which had led me to keeping expenses low last year as I had researched this a bit previously. This leads to another question, which number do I use on the I-864, adjust gross income (1040 / line 37) or total income (1040/line 22)?

Really appreciate the quick responses to these btw, site is great!