I-864 Affidavit of Support Question

[GrayL 47]

Hello again good people of VJ!

I've just putting together my AOS/AP/EA and I have a question about the I-864.

To give you some background.

I am the male, from Australia, I am currently not working here in the US as obviously I cannot!

My wife, the US Citizen is currently not working (She took some time off to live off savings to concentrate on our long-distance relationship and also the wedding etc!).

As part of the K-1 visa, my wife (then fiancee) was the petitioner, and we filled out the K-1 affidavit for her even though we knew she didn't meet the criteria.

For the K-1 we got her mom and her step-father to co-sponsor us as they individually both well exceeded poverty; this was easily accepted without question at my consulate interview.

We are planning to do the same now, my wife is currently now seeking employment and I already have two jobs lined up for when I am able to work!

My questions are;

1. For the AOS affidavit of support, does my wife still have to fill in an I-864 even though we know she doesn't meet the criteria? Or can I go straight to her mom/step dad to be co-sponsors and not have to worry about my wife filling anything in?

2. Do I need to fill in any I-864 forms considering I am not able to work and have never worked since being in the USA?

3. The AOS talks about getting Tax Returns, I have obtained my wife's mom and step father's (mom's husband's) Form 1040s, they file a joint tax return. How does this work when filling out the I-864? Can I JUST get my wife's step father (who ended up being filed as my co-sponsor for the K-1 because he far exceeded the requirements based on income alone) to fill in an I-864, or because the F1040 is joint, should I get them both to fill one in?

Sorry if this sounds really dumb, thinking about the Affidavit gives me shivers as it was by far the most difficult and confusing elements for us when doing the Packet3 package.

Thanks in advance, I really apreciate the help shedding light on this little doozy!

Regards,

GrayL

[NancyNguyen 1,658]

1. She will have to sign one I-864 with option A for question 1. You can explain "my spouse is jobless on the cover letter." My husband just typed "My spouse is full time student." And the current income is 0. They will focus on the co-sponsor.

2. Well, you can't self sponsor.

3. If you all live some house, then your father in law will sign I-864A, otherwise I-864 with option D for question 1. Only he needs to sign the I-864. My parents file jointly but only my father signed the form for my husband. About tax document, order tax transcripts because these are preferred document for I-864 (avoid all the messy documents and RFE.)

Order here https://sa2.www4.irs.gov/irfof-tra/start.do

Good luck.

[ceadsearc 516]

1. Your wife is your primary sponsor even if she makes nothing so she has to fill out an I-864 no matter what.

2. You don't have to fill out anything for the I-864.

3. Not sure, sorry. I believe you can just use your step-father's income (which should be individually identifiable even on a joint return) but hopefully someone else can verify that for you!

[KayDeeCee 4,896]

Your wife fills out her own I-864, even if she is currently unemployed. She will enter 0 for her income. You do not fill out an I-864. All the other forms for AOS are all about you, but this form is all about your spouse being your sponsor.

Your step father can be the sole co-sponsor since he makes plenty on his own. He will fill out his own I-864 and provide letter of employment, 1-3 years of the most recent tax transcripts. a few months worth of his most recent pay stubs and proof that he is a USC or LPR. Basically the same stuff you needed for I-134 before. You can also include a copy of his W-2 to show his separate income, though I believe the transcripts show this. It is never a bad idea to send in something that can help the adjudicator be less confused and process your forms faster and without any RFEs.

[GrayL 47]

Wow you good people are so great.. thank you so much for all of your replies..

Does anyone know how long it takes to order tax transcripts from that IRS link?

Thank you :innocent:

[Travis and Meghan 24]

We used Tax transcripts for ours and it only took a few days to get them in the mail. I think on the website it says to expect them with a fortnight.

[GrayL 47]

We used Tax transcripts for ours and it only took a few days to get them in the mail. I think on the website it says to expect them with a fortnight.

Thank you so much!

[GrayL 47]

Ahh I have one more question.

So my wife will fill out an I-864 and answer "A" for Question 1: I am the petitioner. I filed or am filing for the immigration of my relative.

My father in law, the only co-sponsor, will he be the 'second' co-sponsor or the first. More specifically he will answer "E" for question one, but will he say he is the first or second co-sponsor?

Thank you

[KayDeeCee 4,896]

Ahh I have one more question.

So my wife will fill out an I-864 and answer "A" for Question 1: I am the petitioner. I filed or am filing for the immigration of my relative.

My father in law, the only co-sponsor, will he be the 'second' co-sponsor or the first. More specifically he will answer "E" for question one, but will he say he is the first or second co-sponsor?

Thank you

He will check d.

[NancyNguyen 1,658]

1. She will have to sign one I-864 with option A for question 1. You can explain "my spouse is jobless on the cover letter." My husband just typed "My spouse is full time student." And the current income is 0. They will focus on the co-sponsor.

2. Well, you can't self sponsor.

3. If you all live some house, then your father in law will sign I-864A, otherwise I-864 with option D for question 1. Only he needs to sign the I-864. My parents file jointly but only my father signed the form for my husband. About tax document, order tax transcripts because these are preferred document for I-864 (avoid all the messy documents and RFE.)

Order here https://sa2.www4.irs...of-tra/start.do

Good luck.

[GrayL 47]

He will check d.

Oh dear, I'm sorry, that was so stupidly obvious too.. I'm sorry!

[GrayL 47]

Oh boy, now I'm SUPER confused..

Okay let me try and explain the situation.

My wife, we live together (just the two of us), she is jobless, so she will just fill in her income is $0, that part is okay.

My father in law (the only co-sponsor) lives with his wife (my mother in law), they are the only two people who live in that household.

I only really need my father in law to co-sponsor as he earns well over the poverty ($50k+).

So I'm presuming he also will fill in a I-864, mark option "D" for question 1.

I'm thinking now, in reading the instructions, does my mother in law have to fill in an I-864A, because she is part of my father-in-law's household?

We ordered about 5 days ago IRS transcripts for him, but does that mean we have to also order IRS transcripts for my mother in law now too?

Also I just ordered the one year or IRS transcripts, is this okay or should I get the last 3 years?

Does that also mean then for question 24 I will need to include my mother in law's income there also?

Is there any other information I will need to get for my mother in law to accompany the I-864A as she is not a co-sponsor, or will the IRS transcripts be enough?

Also for my father in law I am planning on submitting the following:

1. Employment letter.

2. Last 6 months pay stubs.

3. IRS Transcripts (1 year currently but will I need more).

Should I include anything else here? Boy this is getting more confusing by the minute.

Thanks in advance, you good people really are gems

Gray

[NancyNguyen 1,658]

If your wife and her parents live same house, then your father in law will sign I-864A, otherwise ONLY he will sign I-864 with option D for question 1.

Edited February 8, 2012 by NancyNguyen

[GrayL 47]

If your wife and her parents live same house, then your father in law will sign I-864A, otherwise ONLY he will sign I-864 with option D for question 1.

I think I'm getting it... no my wife lives with me, my father-in-law lives in a different house with my mother-in-law.

So does that mean my mother-in-law does NOT need to fill in an I-864A? If that is the case what will I put on my father-in-law's I-864 for 24B, do I just write nothing in there? It seems confusing because it talks about household income, is that TOTAL (including that I'm not using as part of the co-sponsorship) or is that just talking about the income being used in the co-sponsorship?

Thanks so much for you help, sorry I'm asking lots of questions, I'm super confused so I REALLY appreciate your help

Edited February 8, 2012 by GrayL

[Travis and Meghan 24]

This is by far the most confusing part of AOS i think, lol. We also used a co sponsor (mother in law). We only ordered her most recent year of tax transcript to send with the AOS. It is not required to send all three most recent years tax transcripts but you do still have to write down on the I-864 what his income was for the last three years.