I-864 or I-864EZ?

[lissaday 1]

Ive been reading topics about affidavit of support but cant find one similar to our situation. we did DCF in USE Manila. We are confuse which form are we going to use. My husband(USC), is not required to file taxes so he does not have W-2 for 2007 onwards whch is required in I-864EZ but We dont need a co-sponsor. Is it good enough to make an explanation letter why he does not have W-2 and use I-864EZ?ty guys

[kaffy 2]

What are you using to qualify if your spouse isn't using US-based income to qualify, and you aren't using a co-sponsor either?

The instructions say:

You may use Form I-864EZ IF ALL the following conditions

apply:

1. You are the person who filed or is filing the Form I-130,

Petition for Alien Relative, for a relative being sponsored;

2. The relative you are sponsoring is the only person listed on

the Form I-130 petition;

3. 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) or former employer(s).

[lissaday 1]

ty for the reply. my husband got US-based pension w/c is non taxable. he is a disabled vet. and his pension is above the poverty guidelines so we dont need sponsor. we already got interview date and read the IV preparation for interview but my question was "is it ok to use I-864EZ if we submit a letter of explanation why my husband did not file for taxes for years now.ty

[trailmix 77]

No, he should use the I-864. It is not employment income, the instructions state it must be.

Unless otherwise noted, references to Form I-864, Affidavit of Support, include Form I-864EZ, a short form Affidavit of Support to be used by certain petitioning sponsors who rely only upon their own employment to meet the affidavit of support requirements. Regulations governing the use of Form I-864 are located in 8 CFR 213a. link

Edited June 30, 2010 by trailmix

[lissaday 1]

tyvm