Affidavit of support torture!! :)

[Frenchie09 0]

Hello everybody and thanks so much for such a helpful forum!

So here's the deal:

I am a French citizen who came to the US on a J-1 Visa (2 year rule doesn't apply) as an exchange visitor in 2009. My Visa is valid until May 20th 2010. (Then I have 30 days to pack my things and leave.)

I came to the US with my then-boyfriend Marc who is a US citizen (from being born to an American mother in France). Since I had been accepted as an exchange student at UC Berkeley, he came with me to the US, and took a sabbatical year of his masters degree program. The plan was for him to work here until I finish my year.

But as things turned out, he found a very promising job which changed a lot of things for us. We decided to finally get married in September 2009 and we were thinking of maybe staying here if his job was going well. Last month, he got a promotion and now makes twice as much as he did when he started. This is why we decided to stay here and file for an adjustment of status so I could have permanent residency.

I have prepared all the necessary forms and documents (I think):

- The I-130 form (with all necessary evidence)

- Our forms G-325A

- The I-485 Form.

- More G-325A forms in case they need duplicates for the I-485.

- My I-693 that will be ready tomorrow

- Checks for all the various filing fees

- An I-765 Form

- A G1145 Form for Notification of Application/Petition acceptance

Now, I still have to take care of the dreaded I-864 Form.

So my main problem is the part where it asks my husband for the last 3 year's tax returns:

1. About 2007-2008: My husband never lived nor worked in the US until August 2009. He was a full-time student in 2008 and 2007. He was the child of a US citizen abroad and didn't generate his own income: he depended on his parents for pocket money/rent. He did have a few summer jobs but he was paid minimum wage and never made more than 3000 Euros in a year and he declared that revenue in France where it was already taxed.

Question: Should he file tax reports for 2007 and 2008? Is he not exempt? If he does have to file them, how and where can we do it quickly?

2. About 2009: My husband started working in the US as a contractor for Twitter in September 2009. He started as a part time job but then became full time by the end of the year. He still works there and makes twice as much now but he is still not considered employee. He is eligible to become one in the next 4-6 months, though. The only tax information he received for the year 2009 is a 1099-MISC for that was sent by Twitter. He called the IRS yesterday night and "e-filed" his taxes for 2009 with an IRS agent on the phone. Turned out that he wasn't required to pay any taxes at the end of the process.

Questions: Is this it? Does he have to pay any other type of taxes?

He only has this 1099-MISC form, no W-2 for 2009. Should he include the 1099-MISC form to the I-864 and add a letter explaining that this was his first time paying taxes, explain that he was a student before and never worked/lived in the US until 2009? We could add the letter of his employer certifying that he is now employed, for how long, that he is paid 24 Dollars/hour and that he is eligible for promotion as an employee.

Will this be enough?

Thanks SO much in advance for any type of help you might want to give me.

Edited February 20, 2010 by Frenchie09

[Anh map 2,098]

Have you read the I-864 instructions? Particularly page 8.

If your US citizen spouse can not demonstrate ongoing income that meets the requirement he would have to secure a co/joint sponsor.

[Frenchie09 0]

Doesn't a letter from Twitter Inc. certifying his current employment status, his pay, and the fact that he is eligible to be promoted as an employee in the next 6 month constitute a demonstration of ongoing income that meets the requirement?

[Darnell 8,478]

Doesn't a letter from Twitter Inc. certifying his current employment status, his pay, and the fact that he is eligible to be promoted as an employee in the next 6 month constitute a demonstration of ongoing income that meets the requirement?

Absolutely !

It's called a 'letter of employment'

In MOST CASES, 'current annual income' amount can TRUMP 'prior years accumulated income', when 'current year' is more than 'prior'. Specifically on YOUR CASEFILE, though - SHOW ALL !

Good Luck !

Edited February 21, 2010 by Darnell

[Otto 83]

Doesn't a letter from Twitter Inc. certifying his current employment status, his pay, and the fact that he is eligible to be promoted as an employee in the next 6 month constitute a demonstration of ongoing income that meets the requirement?

That could be one of the pieces to the puzzle but you would also need recent pay stubs and at least the most recent year's tax return (and supporting documents). A letter from his employer by itself would not satisfy the requirement.

[Anh map 2,098]

If it's only an employment contract with a definite end date that may not be enough.

Being eligible for promotion isn't the same thing as an offer to become an employee. Especially in the current economy you want to present the strongest case possible.

If the letter indicates that his contract will turn into a full/part time position at a stated houly/weekly/monthly/ etc. rate that would be better as it would indicate the continued employment. $24/hr on a full time basis will be well above the required amount.

The US taxes on worldwide income. If he filed in France then he should have filed in the US as well unless that amount was below the minimum.

[Frenchie09 0]

Ok, so I have that letter from Twitter. I will definitely add it to the file. I also have ALL his previous paychecks stubs. So I will add that too.

@Anh Map: He never had to file/pay taxes in France: he was considered exempt, since he was a student and didn't earn enough to support himself on his own.

@Otto und Karin: I hope that the fact that it is not guaranteed that he will be hired (he is "eligible for full-time employment") will not compromise our chances!

I am starting to be so discouraged by all this. It seems so incredibly complicated.

[Otto 83]

@Otto und Karin: I hope that the fact that it is not guaranteed that he will be hired (he is "eligible for full-time employment") will not compromise our chances!

I can't imagine the letter would compromise your chances - I doubt seriously that it will be of that much help for when you submit the I-864.

Income (or lack of) will be evaluated on current earnings (and you have to supply proof of those earnings; such as paycheck/pay-stubs - depending on how the person is paid) when the affidavite is submitted. If his current provable income is not sufficient (or you can't get proof of it) then you would need a co-sponsor (or come up with assets to make up any shortfall in income).

Edited February 21, 2010 by Otto und Karin

[Frenchie09 0]

Ok, I'll put as much information as I can to prove that he made enough money.

The paystubs I have will prove that he was paid 12.5 Dollars and hour, half time for the month of october; and then that he was taken full time in november, december and january; and finally -- with the most recent paychecks -- it'll reflect his raise and prove that he is now paid 24 Dollars an hour.

I'll add the employment letter, the 1099-MISC form and some of his bank account statements along with mine.

I hope all this will be sufficient.

[Frenchie09 0]

Yep, from what I have documented, he earned 4,325 Dollars in 2 months in 2009 (November and December). So that's about 25,950 Dollars a year, for last year.

If I show the newer pay stubs, it shows that his pay is almost doubled. So that would be 46,080 Dollars a year.

Since 125% of the poverty guideline of 2010 is 22,146.50 Dollars, my husband should meet the income requirement, right? <shaking>

Edited February 21, 2010 by Frenchie09

[Anh map 2,098]

Ok, so I have that letter from Twitter. I will definitely add it to the file. I also have ALL his previous paychecks stubs. So I will add that too.

@Anh Map: He never had to file/pay taxes in France: he was considered exempt, since he was a student and didn't earn enough to support himself on his own.

@Otto und Karin: I hope that the fact that it is not guaranteed that he will be hired (he is "eligible for full-time employment") will not compromise our chances!

I am starting to be so discouraged by all this. It seems so incredibly complicated.

Just assuming your statement that he declared his income in France is equivalent to filing taxes here in the US. I am not familiar with how income is reported in France.

There is no 2010 poverty guideline yet. It ought to be issued by HHS on March 1. For a 2 person household in 2009 the 125% amount is 18,212. Given the economy the number will likely change very little.

Have the most current paystubs at the interview in case the CO wants to review them. The past income isn't as crucial as the current and ongoing.

[Frenchie09 0]

Yes we "declare" the income but don't file taxes.

So you said 18,212 Dollars? Great! Thanks!

By the way, I thought that the 2010 poverty guidelines were supposed to be published in january?? I found this site and I thought it was accurate since it had a .gov address: http://www.cmms.hhs.gov/MedicaidEligibilit.../POV10Combo.pdf

Anyways, I think he would qualify so that's good news.

One last question:

If I do all this and write a letter to explain and prove the reasons why my husband didn't have to pay taxes before, what should I do about question 25. "Federal income tax return information"? Should I tick the box "I have filed a Federal tax return for each of the three most recent tax years. I have attached the required photocopy or transcript of my Federal tax return for only the most recent tax year"?

Or should I leave it blank?

It also says: "My total income (adjusted gross income on IRS Form 1040EZ) as reported on my Federal tax returns for the most recent three years was:" And then you have to fill:

2009 -- [blank Space] (I'll try to find that one out once I get the W2 form all taken care of, on monday, probably)

2008 -- [blank Space]

2007 -- [blank Space]

Since I do not really correspond to any of this, what should I leave blank?

Thanks a lot.

Edited February 21, 2010 by Frenchie09

[trailmix 77]

Put N/A as it is not applicable to him (then write see attached)

The 2010 guidelines are to be published in "spring 2010"

No need to write a long explanation about why he didn't file his taxes when he was a student - a simple, I was a student in 2007 and 2008 and earned no income would suffice.

[Frenchie09 0]

Oh really??

That SOOO reassuring!!!

I thought that I would have to prove that he was a student with letters from the University or the conservatory, back in France!!

What a relief! It would have taken them forever to send them to me and I would have had to pay outrageous prices for translations...

Thanks a lot for bringing the good news!

[Justine+David 218]

FYI, that money he made in Europe still counts and NEEDS to be back-filed. He won't pay any taxes on it assuming that France is part of the tax-treaty (I assume so since the UK is party to it) up to $88,000, but you could get in serious trouble with the IRS if it's not filed.

This doesn't have anything to do with USCIS, but still an important issue that should be dealt with...

Good luck and congrats to your husband on the job promotion!