i-864 cosponsor needed?

[nicole&efe 0]

I just started my first full time job this year (just graduated college) and make enough money to support my husband on the I-864.

For the I-134 the Ankara embassy told me that even though I make enough money currently, since that information is not on my 2009 tax returns (I was only working a part-time job), I could not sponsor my husband alone and I needed a cosponsor for the I-864. The Ankara Embassy told me that they based all income requirements off of the tax returns.

Does this hold true for the I-864 as well?

[SunDrop 59]

I just started my first full time job this year (just graduated college) and make enough money to support my husband on the I-864.

For the I-134 the Ankara embassy told me that even though I make enough money currently, since that information is not on my 2009 tax returns (I was only working a part-time job), I could not sponsor my husband alone and I needed a cosponsor for the I-864. The Ankara Embassy told me that they based all income requirements off of the tax returns.

Does this hold true for the I-864 as well?

Nope, not usually. As long as you can provide copies of all your pay stubs showing your earnings, a letter from your employer outlining the details of your employment you should be fine. You will have to include a copy of either your tax return from 2009 or a transcript. If you're also using any assets, then evidence of those but if you currently earn more than 125% of the poverty line for your household size, then it's not necessary.

The London embassy weren't even bothered with my sponsor's I-134 because we had a co-sponsor. Gave it all back and said something to the effect of the I-134 just being a paper exercise to demonstrate readiness for the "legally binding one", I guess he meant the I-864...

ETA: summarized tax return instead of detailing forms needed to include.

Edited November 24, 2010 by SunDrop

[tom&tanya 48]

File your taxes right away in January and AOS in January. When I did my AOS a few months ago I only included one year of tax return. If you make 125% over the poverty line then you should be OK with just one years tax return. I know some of the guides here say 3 years tax returns but the instructions on the form and my personal experience say one years tax return.

[VanessaTony 3,567]

File your taxes right away in January and AOS in January. When I did my AOS a few months ago I only included one year of tax return. If you make 125% over the poverty line then you should be OK with just one years tax return. I know some of the guides here say 3 years tax returns but the instructions on the form and my personal experience say one years tax return.

You're misunderstanding the guides or something... :S because the guide DOESN'T say to include 3 year's the guide doesn't mention anything except "supporting documentation". Here's the guide: http://www.visajourney.com/content/k1k3aos

In the forums we do discuss that you need to have at least FILED the last 3 years returns, and the info from the last 3 years is supposed to be written on the forms. However, only the most RECENT tax return needs to be included with the paperwork, and they only go off the most recent tax return for proof of income.

If your most recent return doesn't show that you're above the 125%, as long as the employment is legal you can use it as well. As well as the most recent tax return, you can also submit a letter from your employer, and pay stubs proving that income.

[tom&tanya 48]

I didn't misunderstand anything. This is a copy of the AOS tips from VJ:

Here are some tips about the filing for Adjustment of Status for K-1 Fiance Visa holders

If you are a K-1, K-2, K-3 or K-4 visa holder the I-693 instructions state that you are not required to have another medical examination as long as your Form I-485 is filed within one year of your overseas medical examination. Regardless of if you are exempt from a medical exam, you are still required to complete certain portions of the I-693 and have a Civil Surgeon certify the form (and seal it in an evelope). Specifically, you will complete Part 1 (Information about you) of the I-693 and provide both the form and your DS-3025 (if you have it, proving your vaccination history) and any proof of required vaccinations that were completed prior to entering the US. If you do not have a copy of your DS-3025 you will need to provide sufficient evidence of your vaccination history to the Civil Surgeon (talk to the civil surgeon's office to discuss what vaccination records they accept as proof). If you do not have proof of your vaccination history the Civil Surgeon may insist on re-administering all the required vaccinations prior to completing the I-693. Once the Civil Surgeon has has verified that all required vaccinations have been performed, they will complete form I-693 Part 2 (the vaccination section) and Part 5 (the Civil Surgeon's Certification). They will then seal the form in an envelope and return it to you.

When filing by mail, "priority mail with delivery confirmation" is the preferred method. Always keep a copy of what you have filed.

IF your forms include an I-485 AND an I-485A, forget the "A" one...it is used for other types of applications for adjustment, such as assylum...you ONLY need to file the regular I-485 Form, not the A supplement.

BE SURE TO USE CODE ©(9) FOR A 1-YEAR EAD CARD (when filing concurrently with I-485)!!!

How to get the forms: You can use forms downloaded from the USCIS website if they are printed on good quality paper with a good printer quality. You can also download free fillable forms on this site.

Other things you will need: passport-style pictures (see specification), copy of the passport, copy of the k-1 visa (and NOA2), copy of the I-94 form (both sides), copy of the fiance's birth and divorce certificates with translation, PLUS the supporting documentation for the I-864 form: letter from employer confirming employment, the last 3 years of tax returns, plus any documentation of your financial resources if you choose to include this. The rule is, if your income is not 125% of the poverty level for your family, you will need additional financial documentation.

How long will I have to wait for an EAD, advance parole, and adjustment of status: You can check time here.

Where to file the forms: You will file your petition at the Chicago Lockbox. See this page for the Chicago Lockbox address (PO Box). You will receive a receipt (Notice of Action) in the mail for your

application once they receive and process it.

[Anh map 2,098]

Including the last 3 year's tax returns shows that you've complied with the requirement (I-864 pg. 8) to have filed returns for those 3 years. The income amounts aren't evaluated as much as it's just making sure that you get the "check mark" for having filed, or submitting the letter stating why you were not required to file. Many VJ'ers have not submitted all 3 and had no issues. The VJ Guides are going to err on the side of covering as many bases as possible. Including the most recent year's is mandatory.

For income evaluation typically it's the annualized earnings in the current year unless you are self employed when the income amount used is from line 22 of the most recent year's tax return.

[tom&tanya 48]

Including the last 3 year's tax returns shows that you've complied with the requirement (I-864 pg. 8) to have filed returns for those 3 years. The income amounts aren't evaluated as much as it's just making sure that you get the "check mark" for having filed, or submitting the letter stating why you were not required to file. Many VJ'ers have not submitted all 3 and had no issues. The VJ Guides are going to err on the side of covering as many bases as possible. Including the most recent year's is mandatory.

For income evaluation typically it's the annualized earnings in the current year unless you are self employed when the income amount used is from line 22 of the most recent year's tax return.

Telling people to send in 3 years tax returns is just plain wrong. It's not "covering all the bases". Let's just correct a simple mistake when it's made in these guides and not try to justify them.

[VanessaTony 3,567]

I didn't misunderstand anything. This is a copy of the AOS tips from VJ:

It is customary when claiming something an posting information from somewhere to quote where you got the info from by providing a link.

The VJ guides for AOS here: http://www.visajourney.com/content/k1k3aos

The Assembly guide here: http://www.visajourney.com/content/assembly

The k1 FAQs here: http://www.visajourney.com/faq/k1k2visa-aos.html

The Affidavit of Support instructions here: http://www.visajourney.com/content/support

None of these mention three years of tax returns.

This link: http://www.visajourney.com/content/k1aos is the only one that does. So you happened to be talking about the ONE page that still mentions three years tax returns. However, I deny that it implies you need to INCLUDE the three years tax returns, where it DOES mean that you need to have the last three years returns to do the form. You're supposed to write the last three years returns info on the form.

I also find it funny that you're focussing on that, and not mentioning that the letter of employment isn't supposed to be included either. Don't worry, I will do what you should have done when you noticed the error and report it for correction so that others aren't confused like you.

[tom&tanya 48]

It is customary when claiming something an posting information from somewhere to quote where you got the info from by providing a link.

The VJ guides for AOS here: http://www.visajourn...content/k1k3aos

The Assembly guide here: http://www.visajourn...ontent/assembly

The k1 FAQs here: http://www.visajourn...k2visa-aos.html

The Affidavit of Support instructions here: http://www.visajourn...content/support

None of these mention three years of tax returns.

This link: http://www.visajourn...m/content/k1aos is the only one that does. So you happened to be talking about the ONE page that still mentions three years tax returns. However, I deny that it implies you need to INCLUDE the three years tax returns, where it DOES mean that you need to have the last three years returns to do the form. You're supposed to write the last three years returns info on the form.

I also find it funny that you're focussing on that, and not mentioning that the letter of employment isn't supposed to be included either. Don't worry, I will do what you should have done when you noticed the error and report it for correction so that others aren't confused like you.

WOW ... You really have trouble admitting you are wrong.

I'm not confused, you must have been when you said that VJ did not mention 3 years of tax returns. The person who was confused was the OP and I was trying to give them accurate information. So please stop trying to blame me for inaccurate information posted by others.

P.S. I'm focusing on that one thing because you claimed this particular piece of inaccurate information didn't exist at all... and that was the question the OP asked about ... tax returns ... remember?