I-864 (Affidavit of Support) for my Spouse

[elmo 0]

I've been worried about this topic for a long time now and I've already brought this up with our lawyer. Just wanted to know if anybody has/had this same issue...

I was born and raised in the Philippines. I received my green card in the year 2000 but I moved to the US and worked in the US not until 2003. I became a citizen in 2006 and for financial reasons decided to go back to the Philippines last 2007 to complete my medical degree. I have graduated and I am going back to the US for good this coming November. My husband and I got married in March of 2012 and I am going to send in my I-130 and G-325A forms tomorrow. For our affidavit of support, (which we will be submitting later on in due time once we get our NOA2), is it ok if I dont have any W2's or ITR's for the past 3 years because I was in school and unemployed, as long as I have a co-sponsor and he fulfills the minimum income requirements?

Our lawyer said it would be fine but since we are paying him whether or not the visa gets approved, I just wanted to be sure and ask for other people's opinion.

Any help/insight would be greatly appreciated.

Edited July 12, 2012 by elmo

[happiestmanalive 23]

For our affidavit of support, (which we will be submitting later on in due time once we get our NOA2), is it ok if I dont have any W2's or ITR's for the past 3 years because I was in school and unemployed, as long as I have a co-sponsor and he fulfills the minimum income requirements?

As long as your co-sponsor has the requirements, you will be fine

Don't worry and good luck!

Edited July 12, 2012 by happiestmanalive

[Anh map 2,098]

I've been worried about this topic for a long time now and I've already brought this up with our lawyer. Just wanted to know if anybody has/had this same issue...

I was born and raised in the Philippines. I received my green card in the year 2000 but I moved to the US and worked in the US not until 2003. I became a citizen in 2006 and for financial reasons decided to go back to the Philippines last 2007 to complete my medical degree. I have graduated and I am going back to the US for good this coming November. My husband and I got married in March of 2012 and I am going to send in my I-130 and G-325A forms tomorrow. For our affidavit of support, (which we will be submitting later on in due time once we get our NOA2), is it ok if I dont have any W2's or ITR's for the past 3 years because I was in school and unemployed, as long as I have a co-sponsor and he fulfills the minimum income requirements?

Our lawyer said it would be fine but since we are paying him whether or not the visa gets approved, I just wanted to be sure and ask for other people's opinion.

Any help/insight would be greatly appreciated.

You do need to supply proof of a US domicile. And either file missing US tax returns for the past 3 years or include an affidavit as to why you were not required to file for any of those years. Being outside the US is not a reason. Not earning enough to file is a reason. See page 8 of the I-864 instructions for more information.

The I-864 FAQ link in my signature below also has information.

[elmo 0]

As long as your co-sponsor has the requirements, you will be fine

Don't worry and good luck!

Ok. Just wanted to be sure. Thanks!

[elmo 0]

You do need to supply proof of a US domicile. And either file missing US tax returns for the past 3 years or include an affidavit as to why you were not required to file for any of those years. Being outside the US is not a reason. Not earning enough to file is a reason. See page 8 of the I-864 instructions for more information.

The I-864 FAQ link in my signature below also has information.

Ok. I did maintain a single US address (my mother's address) while I was away. I was unemployed the entire time I was out of the US and was a fulltime student.. I will check out your I-864 link as you suggested. Thank you very much.

[RobbyUSA 26]

you have just given the OP some false information.

first of all you only need to include your last year tax return. So 1 year is fine. YOU SAID 3 years!!! wrong!

second, if you have a co-sponsor, there is no reason to show more than your last year tax return!

the sponsor, YES, 3 years would be best.

http://travel.state.gov/visa/laws/telegrams/telegrams_2863.html link to proof I am right.

"2. Summary. Effective immediately, sponsors filing an I-864

are required to submit only their Federal tax return for their

most recent tax year, current as of the date of execution of the

I-864."

You do need to supply proof of a US domicile. And either file missing US tax returns for the past 3 years or include an affidavit as to why you were not required to file for any of those years. Being outside the US is not a reason. Not earning enough to file is a reason. See page 8 of the I-864 instructions for more information.

The I-864 FAQ link in my signature below also has information.

Edited July 12, 2012 by RobbyUSA