Does the Petitioner need to be Main Sponsor for I 864

[mithun_san 0]

Hi VJers

I am a USC, working in India currently. I applied for the I-130 for my husband last week. Now do I have to be the main sponsor or can my brother suffice? I dont meet the income requirements hence is it ok if my brother provides signed I-864 for my husband?

I have my paystubs for past 3 years(amounts in INR). I havent filed US tax returns for the past 3 years. Although I have Indian tax returns for the past 2 years (filed recently).

First off is it necessary for me to be the sponsor on I-864? Second off Is it mandatory for me to have 3 years tax returns?

Please guide us!

[aleful 1,905]

Hi VJers

I am a USC, working in India currently. I applied for the I-130 for my husband last week. Now do I have to be the main sponsor or can my brother suffice? I dont meet the income requirements hence is it ok if my brother provides signed I-864 for my husband?

I have my paystubs for past 3 years(amounts in INR). I havent filed US tax returns for the past 3 years. Although I have Indian tax returns for the past 2 years (filed recently).

First off is it necessary for me to be the sponsor on I-864? Second off Is it mandatory for me to have 3 years tax returns?

Please guide us!

yes you are the main sponsor, your brother is the joint sponsor. both of you file an affidavit of support

[mithun_san 0]

yes you are the main sponsor, your brother is the joint sponsor. both of you file an affidavit of support

Thanks! If I am the main sponsor then does it become mandatory to file past 3 yrs tax returns?

I spoke to the IRS, if I send out my documents now, it will take around 6-8 weeks to hear back.

So how should we do this?

I do have my Income documents and tax returns of past 2 years from Indian authorities.

[aleful 1,905]

Thanks! If I am the main sponsor then does it become mandatory to file past 3 yrs tax returns?

I spoke to the IRS, if I send out my documents now, it will take around 6-8 weeks to hear back.

So how should we do this?

I do have my Income documents and tax returns of past 2 years from Indian authorities.

Mandatory no, the most important one is the 2011 tax return, the one you should have filed this year.

[Bron Chase 1]

Hi VJers

I am a USC, working in India currently. I applied for the I-130 for my husband last week. Now do I have to be the main sponsor or can my brother suffice? I dont meet the income requirements hence is it ok if my brother provides signed I-864 for my husband?

I have my paystubs for past 3 years(amounts in INR). I havent filed US tax returns for the past 3 years. Although I have Indian tax returns for the past 2 years (filed recently).

First off is it necessary for me to be the sponsor on I-864? Second off Is it mandatory for me to have 3 years tax returns?

Please guide us!

You would have to file your back taxes if you made enough money that you are required to file (see link) -

http://www.irs.gov/publications/p501/ar01.html

If you didn't make enough to be required to file you just have to submit a note explaining that due to publication 501 you weren't required to file. Foreign-earned income counts towards the threshhold. If you were required to file then I think you're stuck filing the back taxes with the US. Good luck to you

[mithun_san 0]

Mandatory no, the most important one is the 2011 tax return, the one you should have filed this year.

Thanks for the reply mate!

Well yea I have been reading this in some places... Is there a USCIS link confirming the same?

You would have to file your back taxes if you made enough money that you are required to file (see link) -

http://www.irs.gov/publications/p501/ar01.html

If you didn't make enough to be required to file you just have to submit a note explaining that due to publication 501 you weren't required to file. Foreign-earned income counts towards the threshhold. If you were required to file then I think you're stuck filing the back taxes with the US. Good luck to you

Read the Pub 501 for 2009,2010 and 2011 and I did make above the given limit. Hence I do qualify to back file... Just hoping filing for a year would suffice...

Thanks! need all the luck for sure