Affidavit of Support question

[iansvisa 0]

My wife of almost 3 years was granted "Voluntary Departure" from the US in Jan 2010 and departed within the specified time limit in May 2010. She is now staying with family in the Philippines. She lived legally in the US for several years however and had a work permit. She worked full-time for around 2 years and we filled a joint tax return for 2008, 2009 and 2010. Her Visa is now with the Department of State and I am currently trying to complete the Affidavit of Support form. My question is this. The form ask: "My total income (adjusted gross income on IRS Form 1040EZ) as reported on my Federal tax

returns for the most recent three years was: " First of all we filed a 1040 not a 1040EZ, second, should I include her income here since we filed jointly (I make enough by myself to qualify I assume) or should I only state my income and let them figure out why the amounts on the 1040's are more than what I claim? Should I include both of our W-2's for those years? The Department of State has been very helpful when I call, but they say they are not allowed to offer advice in this particular subject. Everything is going fairly smoothly right now and I don't want to do something that will slow things down to a crawl again.

[Darnell 8,478]

Usually, that question comes up on the I-864A, suggest you switch to the I-864

not a k-3 visa question, moving to NVC forum ***

[iansvisa 0]

Usually, that question comes up on the I-864A, suggest you switch to the I-864

not a k-3 visa question, moving to NVC forum ***

Thank you for your suggestion. Sorry about the mis-posting. This is all still a little confusing to me. What if my income for the past 3 years as listed on my past three W-2's is more than enough to qualify? Could I simply complete the I-864EZ and use that income, sending only my W-2's and not using my wife income since there is no guarantee that she will even have an income when she returns?

Thanks again,

JT

[Richard Kille jr 0]

I would do a I-864 and list both incomes because they ask for the income of the household and she was a part of the house hold

[Darnell 8,478]

ian - usually - for any SPONSER that's the PETITIONER -

foreign spouse's income is not included.

Yer a special case, as she was here, you guys prolly filed jointly whilst she was here, so there is 'household income' and prolly some 'married filing jointly' tax returns.

I suggest you prep an I-864 (or EZ version) WITHOUT her income on it, run the math, see if you qualify on the federal poverty guidelines (don't forget it's at 125 percent) ...

I would suggest using the I-864 at this point, forget about the EZ version....

[iansvisa 0]

Thank you for all of your advice and suggestions. My income more than qualifies me under 125% of poverty guidelines for a 2 member household without my wifes contribution which is not a guaranteed income anyway. I contacted NVC today and they told me that although they could not advise me on specifics of tis "legal document", if I sent the wrong form or if there was more info that they needed, they would simply email me a request. Is it my imagination or does the Department of State operate less formally and more efficiently than USCIS. I always get a helpful friendly person when I call the DOS and their preferred method of communication is email with payments by bank draft. USCIS seems to operate in the stone age by comparison.

I will let you know how the Affidavit turns out.

Thanks again,

Ian