I-864 issues - please help!

[TimHorsburgh 0]

My wife and I are now at the stage of completing our I-864 form. But there is a possible snag we're not sure about, and now i feel rather naive and stupid for not resolving these issues sooner, but.... please help!

My wife is 23 (i'm 24), and the US citizen. After completing her undergraduate degree in 2004, she then came to England for a year on a student visa, where we met. Then, on Jan 28th 2006, we got married in the US and filed for a K3 Visa for me. Since then, I have travelled back and forth to the US on the Visa Waiver scheme when i can, while my wife started her first 'real' job in early Febraury in Chicago.

However, (and forgive my rambling), what i'm trying to get to is the fact that, until this year, she was listed as a 'dependent' of her father on her tax returns for the last 3 years because she was a student or abroad, and never earnt enough for it to be worth her filing on her own. She now earns double the '125% of the poverty line' specified on the I-864, so we should be ok and there shouldn't be any need for a joint-sponsor, if we can explain the situation in a letter along with the form, i hope, but.... has anyone else been in a similar situation???? I feel that the I-864 form is not very clear about what to do in such a situation and would love some guidance or even examples of what people have done before! Thanks.

[simple_male 1]

My wife and I are now at the stage of completing our I-864 form. But there is a possible snag we're not sure about, and now i feel rather naive and stupid for not resolving these issues sooner, but.... please help!

My wife is 23 (i'm 24), and the US citizen. After completing her undergraduate degree in 2004, she then came to England for a year on a student visa, where we met. Then, on Jan 28th 2006, we got married in the US and filed for a K3 Visa for me. Since then, I have travelled back and forth to the US on the Visa Waiver scheme when i can, while my wife started her first 'real' job in early Febraury in Chicago.

However, (and forgive my rambling), what i'm trying to get to is the fact that, until this year, she was listed as a 'dependent' of her father on her tax returns for the last 3 years because she was a student or abroad, and never earnt enough for it to be worth her filing on her own. She now earns double the '125% of the poverty line' specified on the I-864, so we should be ok and there shouldn't be any need for a joint-sponsor, if we can explain the situation in a letter along with the form, i hope, but.... has anyone else been in a similar situation???? I feel that the I-864 form is not very clear about what to do in such a situation and would love some guidance or even examples of what people have done before! Thanks.

It is a good news that her current income is good. But, I think, it is better for her to have a co-sponsor to strengthen the case. It is just my opinion. Wait to hear more opinions.

[Yodrak 7]

simple_male,

If the Sponsor's financials are adequate then a Joint Sponsor will not be accepted.

Yodrak

It is a good news that her current income is good. But, I think, it is better for her to have a co-sponsor to strengthen the case. It is just my opinion. Wait to hear more opinions.

[TimHorsburgh 0]

But does anyone know what sort of thing we should be including in the letter explaining all this?

[simple_male 1]

simple_male,

If the Sponsor's financials are adequate then a Joint Sponsor will not be accepted.

Yodrak

It is a good news that her current income is good. But, I think, it is better for her to have a co-sponsor to strengthen the case. It is just my opinion. Wait to hear more opinions.

Yodrak,

On the old I-864 that the NVC is still mailing out, one needs to enter the most recent tax year's income (2005) and then enter the 125% poverty level. Keeping that in mind, having a co sponsor can be beneficial, if the petitioner's most recent year (2005) income was below poverty level. The best thing would be consult NVC. I did not use a co sponsor, by the way.

[grass 0]

I called NVC to ask the similiar question for my case: the answer is: if the tax record of your wife in 2005 is over 125% poverty line, that could be fine. If her current salary is over 125% poverty line but last 3 years, your wife had better ask a joint-spornsor. NVC explained that her current salary couldn't evident anything and she might lose the current job someday. I suggest you call NVC to get the answer directly. My husband's income in 2003 and 2004 isn't over 125% but 2005，that is fine and I got visa already.

Good luck.

[simple_male 1]

I called NVC to ask the similiar question for my case: the answer is: if the tax record of your wife in 2005 is over 125% poverty line, that could be fine. If her current salary is over 125% poverty line but last 3 years, your wife had better ask a joint-spornsor. NVC explained that her current salary couldn't evident anything and she might lose the current job someday. I suggest you call NVC to get the answer directly. My husband's income in 2003 and 2004 isn't over 125% but 2005，that is fine and I got visa already.

Good luck.

I agree with you, Grass. In my opinion, if the petitioner's last 3 years' income is above 125% poverty level, then no co sponsor is needed. If the current income is above 125%, and if the most recent tax year's income was not above 125% poverty level, then a co sponsor is needed. Please call NVC and ask for their advices.

[aussiewench 9]

I called NVC to ask the similiar question for my case: the answer is: if the tax record of your wife in 2005 is over 125% poverty line, that could be fine. If her current salary is over 125% poverty line but last 3 years, your wife had better ask a joint-spornsor. NVC explained that her current salary couldn't evident anything and she might lose the current job someday. I suggest you call NVC to get the answer directly. My husband's income in 2003 and 2004 isn't over 125% but 2005，that is fine and I got visa already.

Good luck.

I agree with you, Grass. In my opinion, if the petitioner's last 3 years' income is above 125% poverty level, then no co sponsor is needed. If the current income is above 125%, and if the most recent tax year's income was not above 125% poverty level, then a co sponsor is needed. Please call NVC and ask for their advices.

However only the current year is now required.

Also here is an excerpt from the Q & A of the new rulings regarding the I-864

The final rule clarifies that the sponsor’s income in the year in which the intending immigrant filed an application for an immigrant visa or adjustment of status, rather than the earnings last reported to IRS, generally bears the greatest evidentiary weight in determining whether the affidavit of support is sufficient. However, USCIS may request updated evidence and decide the case based on the updated information.

If the sponsors income is adequate, as Yodrak stated, a co-sponsor will not be accepted.

Edited July 27, 2006 by aussiewench

[simple_male 1]

I called NVC to ask the similiar question for my case: the answer is: if the tax record of your wife in 2005 is over 125% poverty line, that could be fine. If her current salary is over 125% poverty line but last 3 years, your wife had better ask a joint-spornsor. NVC explained that her current salary couldn't evident anything and she might lose the current job someday. I suggest you call NVC to get the answer directly. My husband's income in 2003 and 2004 isn't over 125% but 2005，that is fine and I got visa already.

Good luck.

I agree with you, Grass. In my opinion, if the petitioner's last 3 years' income is above 125% poverty level, then no co sponsor is needed. If the current income is above 125%, and if the most recent tax year's income was not above 125% poverty level, then a co sponsor is needed. Please call NVC and ask for their advices.

However only the current year is now required.

Also here is an excerpt from the Q & A of the new rulings regarding the I-864

The final rule clarifies that the sponsor’s income in the year in which the intending immigrant filed an application for an immigrant visa or adjustment of status, rather than the earnings last reported to IRS, generally bears the greatest evidentiary weight in determining whether the affidavit of support is sufficient. However, USCIS may request updated evidence and decide the case based on the updated information.

If the sponsors income is adequate, as Yodrak stated, a co-sponsor will not be accepted.

Yes, only the most recent tax year's information is required. One may submit the last 3 years', if he/she wants. I still think, talking with NVC and seeking their advice in this regard is the best option. Sometimes, the Embassy can be very picky about I-864 unlike USCIS. My point was, NVC is still mailing out the old

I-864 where the petitioner needs to disclose his last tax year's taxable gross income and recent 125% poverty level.

[zauberblume 0]

I did not file my I-864 through NVC so I'm not sure how much my response will help you.

I, too, am 23 years old and actually haven't ever filed taxes since I have never had the necessary income to file. I've always been a student. I had my transcripts and financial aid documents from the university available for the Consular Officer to look at to prove that I was a student who earned a very low income (part-time jobs). I attached a letter explaining why I hadn't filed taxes along with IRS Chart. Then, I gathered documentation on the assets that I had, which was a large amount. I had proof of employment, in the form of a letter, from my current employer. That position starts in September.

The Consular Officer approved the I-864 and I did not need a co-sponsor.

My thoughts to you:

- Have the USC write a letter explaining why she did not file taxes in 2005. Attach the IRS Chart.

- Have the USC attach proof that she was a student in the UK in 2005

- Maybe she can attach her father's tax returns which shows that she was claimed as a dependent in 2005

- Have the USC's current employer write a letter detailing when she started there, how long she has worked there, maybe something about her performance, and her current salary

- Have the USC list all of her assets (could also be joint assets), if any

- Find a co-sponsor just in case

That's all I can think of. Let's see if anyone else has any further suggestions.

--Z

Edited July 27, 2006 by zauberblume

[Yodrak 7]

simple_male,

On the old I-864 (and on the new I-864) one also is asked for their current income - which is more important than the last tax year's income.

Yodrak

simple_male,

If the Sponsor's financials are adequate then a Joint Sponsor will not be accepted.

Yodrak

It is a good news that her current income is good. But, I think, it is better for her to have a co-sponsor to strengthen the case. It is just my opinion. Wait to hear more opinions.

Yodrak,

On the old I-864 that the NVC is still mailing out, one needs to enter the most recent tax year's income (2005) and then enter the 125% poverty level. Keeping that in mind, having a co sponsor can be beneficial, if the petitioner's most recent year (2005) income was below poverty level. The best thing would be consult NVC. I did not use a co sponsor, by the way.

[kofuku 0]

But does anyone know what sort of thing we should be including in the letter explaining all this?

Here's a sample letter that I included with my I-864:

Explanation for Taxes not filed for tax years 2003 and 2004

According to the IRS, you must file Federal income tax returns if you are a US citizen and meet the filing requirements. Although, I am a US citizen, I did not meet any of the requirements for individual filers:

1. My taxable income for 2003 and 2004 were below the minimum gross amount required to file. Income during these two years came primarily from accrued wages as a Peace Corps volunteer. My gross income for 2003 and 2004 were $0 and $0, respectively.

2. I was not claimed as a dependent on anyone’s tax return in 2003 or 2004.

3. In 2003 and 2004, I did not owe any special taxes, receive an advance from Earned Income Credit (EIC) payments from my employer, was not self-employed or received wages from a church.

----------------------------------------- ----------------

(Signed) (Date)

I would suggest that she state she was a student and made less than the gross income minimum required to file.

Christine

[Yodrak 7]

grass and simple_male,

Keep in mind that the people at the NVC do not evaluate the I-864 - they only collect them, check them for completeness, and add them to file to be sent to the consulate. And the people who answer the phones at the NVC don't do that much - they answer phones.

I-864 is evaluated at the consulates.

Yodrak

I called NVC to ask the similiar question for my case: the answer is: if the tax record of your wife in 2005 is over 125% poverty line, that could be fine. If her current salary is over 125% poverty line but last 3 years, your wife had better ask a joint-spornsor. NVC explained that her current salary couldn't evident anything and she might lose the current job someday. I suggest you call NVC to get the answer directly. My husband's income in 2003 and 2004 isn't over 125% but 2005，that is fine and I got visa already.

Good luck.

I agree with you, Grass. In my opinion, if the petitioner's last 3 years' income is above 125% poverty level, then no co sponsor is needed. If the current income is above 125%, and if the most recent tax year's income was not above 125% poverty level, then a co sponsor is needed. Please call NVC and ask for their advices.

simple_male,

So why do you advocate calling the NVC, since you seem to understand that decisions are made by the consular officers?

That being said, since the decision will be made on the basis of the specific numbers and supporting documents provided, one is going to get only the most general of information from anyone they talk to prior to the submitted documents being reviewed the consular officer who will make the decision.

Yodrak

... I still think, talking with NVC and seeking their advice in this regard is the best option. Sometimes, the Embassy can be very picky about I-864 ....

[simple_male 1]

grass and simple_male,

Keep in mind that the people at the NVC do not evaluate the I-864 - they only collect them, check them for completeness, and add them to file to be sent to the consulate. And the people who answer the phones at the NVC don't do that much - they answer phones.

I-864 is evaluated at the consulates.

Yodrak

I called NVC to ask the similiar question for my case: the answer is: if the tax record of your wife in 2005 is over 125% poverty line, that could be fine. If her current salary is over 125% poverty line but last 3 years, your wife had better ask a joint-spornsor. NVC explained that her current salary couldn't evident anything and she might lose the current job someday. I suggest you call NVC to get the answer directly. My husband's income in 2003 and 2004 isn't over 125% but 2005，that is fine and I got visa already.

Good luck.

I agree with you, Grass. In my opinion, if the petitioner's last 3 years' income is above 125% poverty level, then no co sponsor is needed. If the current income is above 125%, and if the most recent tax year's income was not above 125% poverty level, then a co sponsor is needed. Please call NVC and ask for their advices.

simple_male,

So why do you advocate calling the NVC, since you seem to understand that decisions are made by the consular officers?

That being said, since the decision will be made on the basis of the specific numbers and supporting documents provided, one is going to get only the most general of information from anyone they talk to prior to the submitted documents being reviewed the consular officer who will make the decision.

Yodrak

... I still think, talking with NVC and seeking their advice in this regard is the best option. Sometimes, the Embassy can be very picky about I-864 ....

Yodrak,

I advocate calling NVC, because they have answered my questions well. I am just expressing my opinions. Is it a problem for you?

Edited July 27, 2006 by simple_male

[Yodrak 7]

simple_male,

If this is the kind of over-simplified to the point of being incorrect advice you got from the NVC, then yes I do have a problem.

In the first case a Joint Sponsor will be required if the current income is below the threshhold (absent offsetting assets) no matter what the last 3 years income was.

In the second case a Joint Sponsor may very well not be required if current income is above the threshhold and the past income was below - a lot depends on why the past income was low and what is the source of the present income.

Yodrak

I advocate calling NVC, because they have answered my questions well. I am just expressing my opinions. Is it a problem for you?

... In my opinion, if the petitioner's last 3 years' income is above 125% poverty level, then no co sponsor is needed. If the current income is above 125%, and if the most recent tax year's income was not above 125% poverty level, then a co sponsor is needed. Please call NVC and ask for their advices.

Edited July 27, 2006 by Yodrak