I-864 and I-864A

[pumpkinseed 10]

Hi everybody,

I'm just about ready to send the packet for AOS - I read all form instructions and all guides here and a lot of topics on questions already answered. But I have a few last questions before sending it just to be sure!

My husband filed the I-864. He makes below the required amount so we are using his dad as a joint-sponsor. Since we live in the same house with his parents right now, his dad filed the I-864A.

My questions are:

1. I know the deadline for filing the 2011 tax returns is April, but will they expect to see them already if we're sending the packet now? My husband and his dad haven't filed them yet, so we are sending copies of returns for 2010, 2009 and 2008 + Schedules and W2 and 1099R forms for my father-in-law (he's retired). Will these be enough?

2. My husband did not file taxes for 2008, 2009 and 2010 because he was a student and didn't make enough money to be required to file. He explained that in a written statement and got it notarized. (As per the instructions for I-864 - if you didn't make enough and were not required to file taxes, you have to attach a written explanation). He worked in 2011 but hasn't filed his taxes yet. My question is - what should he put on the form itself in the section that requires him to check what returns are included - obviously he won't check any of them, but should we hand-write something like "Please see attached explanation why taxes were not filed"?

3. For my husband income we are providing a current letter of employment and paystubs. Does he need to provide proof that he was a student through those past years?

4. Since we're using the I-864A for his dad as a person with the same main residence, what should we provide to show they do indeed have the same residence? My father-in-law's address is shown on his tax returns, and my husband could provide a copy of his driver's licence, will these do?

Thank you so much in advance!!

[jeffandmariya 0]

First congratulations on your marriage!!!

I wish I could help you answer all these questions but unfortunately I can't. We don't use a co sponsor which makes it look easier but it is still complicated.

They sent me an RFEI that basically says that there is something wrong with the I-864 or the Tax Return Transcripts or both but it doesn't really specify. I hope you will be luckier than me and don't miss anything.

Sometimes I get so upset with all the procedures and paperwork but we need to be patient.

[kcoyclay1 98]

First congratulations on your marriage!!!

I wish I could help you answer all these questions but unfortunately I can't. We don't use a co sponsor which makes it look easier but it is still complicated.

They sent me an RFEI that basically says that there is something wrong with the I-864 or the Tax Return Transcripts or both but it doesn't really specify. I hope you will be luckier than me and don't miss anything.

Sometimes I get so upset with all the procedures and paperwork but we need to be patient.

They just said "something" is wrong and didn't clarify what that something was? Call the number on the letter to clarify what that something is

[kcoyclay1 98]

Hi everybody,

I'm just about ready to send the packet for AOS - I read all form instructions and all guides here and a lot of topics on questions already answered. But I have a few last questions before sending it just to be sure!

My husband filed the I-864. He makes below the required amount so we are using his dad as a joint-sponsor. Since we live in the same house with his parents right now, his dad filed the I-864A.

My questions are:

1. I know the deadline for filing the 2011 tax returns is April, but will they expect to see them already if we're sending the packet now? My husband and his dad haven't filed them yet, so we are sending copies of returns for 2010, 2009 and 2008 + Schedules and W2 and 1099R forms for my father-in-law (he's retired). Will these be enough?

2. My husband did not file taxes for 2008, 2009 and 2010 because he was a student and didn't make enough money to be required to file. He explained that in a written statement and got it notarized. (As per the instructions for I-864 - if you didn't make enough and were not required to file taxes, you have to attach a written explanation). He worked in 2011 but hasn't filed his taxes yet. My question is - what should he put on the form itself in the section that requires him to check what returns are included - obviously he won't check any of them, but should we hand-write something like "Please see attached explanation why taxes were not filed"?

3. For my husband income we are providing a current letter of employment and paystubs. Does he need to provide proof that he was a student through those past years?

4. Since we're using the I-864A for his dad as a person with the same main residence, what should we provide to show they do indeed have the same residence? My father-in-law's address is shown on his tax returns, and my husband could provide a copy of his driver's licence, will these do?

Thank you so much in advance!!

You pretty much have everything. Does your father-in-law have a state ID that shows the address as well? You can use that. Did your husband use student loans? Interests paid are reported with taxes and are proof that he was in school. If not, just state that he was unemployed; unless he worked while in school. Numbers 1 and 2 are fine. All the best.

Edited February 19, 2012 by kcoyclay1

[pumpkinseed 10]

Mariya, kcoyclay1, thanks for your answers, girls!!

So tax info for 2011 is not yet required. I'll go ahead and just use 2010's.

Anybody with any input on my question 2? Should we hand-write something on the form, referring to the attached explanation, or just rely on them to find it, and leave the question on the form blank?

Thanks in advance!

[VanessaTony 3,567]

1. No. Until April 15, 2012 the "most recent tax year" is 2010. If you are interviewed near April they MIGHT ask for the 2011 taxes so file taxes as soon as you are able just in case

2. Sounds good to me.

3. No. As your father-in-law is the co-sponsor his info is more important.

4. Yep sounds good to me. Don't forget evidence of citizenship/LPR status as well as proof of same address (photocopy of the licences).

[pumpkinseed 10]

Thank you for your reply!