So Confused with the Affidavit of Support

[Messybrownhair 251]

Hi all,

I am little confused about the affidavit of support for our case, let me give you a little background so you can have a clear idea of the situation.

My fiance graduated 2010, and he is in the PA National Guard as well as working in Security. He makes about 25-30 annually which I know is above the poverty line for a household of two. Nevertheless, his dad will be a co-sponsor.

I arrive in the US in two weeks and we plan to stay with his parents until I find out whether I pass grad school or not so we know where to move (or if I make it at all for that matter). Anyway we plan to move out around June-July of this year, but we want to file AOS this April.

So just to see if I get this right, this is what Tim is submitting:

2010 tax returns (its all he has- but he only started work june 2010) - by tax returns I mean he has to file it now right, and wait or get a copy of his IRS transcript and thats what we submit?)

employment letter with salary from NG and security

pay stubs

I-864

and for his dad, we submit the I-864a because we are staying with him?

plus his dad's two years worth of IRS transcripts? (BTW he is self-employed with a construction business)

how do we prove that we are living with his parents?

and what happens if we file on april saying we live with his parents but in the course of the application decide to move out and get our own place, would we need to replace it?

hope someone can enlighten us! and thanks!!

[Scott and Mhay 57]

If your fiance makes above the poverty line, then no co-sponsor needed. I know on the I-864 it states that you only need to send the most recent tax return. It is his option to send the second and third year return. Now your fiance can just copy his signed return and send all supporting documents.

In the end you want to only provide what they are asking for...don't give them something to look into and find loopholes. You got your visa so dont sweat the adjustment of status...it is mostly a formality.

[Harpa Timsah 13,258]

and for his dad, we submit the I-864a because we are staying with him?

You say here you are staying with him - not living with him. First of all, you don't need a co-sponsor, so why bother with one? It's just a lot more documents to get and be hassled with. If you still want a co-sponsor, just for the fun of it, I would have the father submit a I-864 because you are not permanently living with them, rather, just staying temporarily.

[Anh map 2,098]

He can submit a photocopy of the 2010 income tax return and copies of all supporting schedules and documents (W2, 1099, etc.) along with recent pay stubs and employer letters.

No joint sponsor ought to be needed. If your future father in law does submit an I-864A the income line that he will use on his form in the amount shown on line 22 of his most recent tax return. From what you are saying about your fiance's income the I-864A will not be considered.

Proof of common address can be an affidavit from his parent(s) stating that you both are living there.

[Messybrownhair 251]

Thanks everyone!

So you don't recommend we get a joint sponsor at all? I was worried because he makes enough to be above the poverty line, but not too much above it. I always felt it is better to have more documents than needed.

Of course it will be so much better if we do not have to bother his dad with this business, I am just scared because during the k1 interview his salary did become an issue and I don't want it to happen again

He is going to file his taxes this Friday!

[VanessaTony 3,567]

Thanks everyone!

So you don't recommend we get a joint sponsor at all? I was worried because he makes enough to be above the poverty line, but not too much above it. I always felt it is better to have more documents than needed.

Of course it will be so much better if we do not have to bother his dad with this business, I am just scared because during the k1 interview his salary did become an issue and I don't want it to happen again

He is going to file his taxes this Friday!

He makes more than the poverty like by like $7K-$12K. My husband only had $19K income (limit was $18,212) because he was a full-time student. We were still more than fine.

AOS is a lot simpler than you think. He earns above the limit. He's fine.

I don't know how you prepare your taxes but we went to H&R Block. The guy stapled all this stuff to the form that Tony had to sign (the 1040) and we just photocopied that entire thing so I was sure I didn't forget anything important. Waiting for a transcript might take a while so just send a copy of the return as well as a letter from employer proving he's still there and a couple of payslips to prove his income.

I really don't think you'll have any issues. Good luck!

Edited February 7, 2011 by Vanessa&Tony

[Scott and Mhay 57]

He will be fine for the adjustment of status. All they care about is that he is over the poverty line... Just enjoy the time once you are together and get more evidence for the adjustment of status once you get to the US.

[Messybrownhair 251]

This is awesome news, thank you!!!

And yes, we will do it in H&R Block as well