Afvadavit of support question.

[Tony Y Mari 6]

Hi, Do they approve afvadavit of support by CURRENT INCOME or last 3 years of tax returns? I qualify by current income but not with my last 2 yrs of tax returns, Also my paystubs say Married 8 so they take less out of my weekly pay, but i filled taxes the last 2 years married 1 for myself.. so am i gonna have a problem now with AOS?

Thanks for your coming respones..

[Tony Y Mari 6]

Could someone awnser this please?

[reese1 68]

The I-864 ask that you show the most recent years taxes, and the other two years are "optional", and they do not ask for current paycheck stubs or even letters from your employer. Normally this information is used when there has been a change in your current income that will not be reflected in your most recent tax return, meaning you are making more now than what is stated in tax return. Also if you submit the tax transcript rather than a copy of the tax return you do not have to submit W-2 and all the schedules.

http://www.uscis.gov/files/form/i-864instr.pdf

[Tony Y Mari 6]

Yes this is a new employer since july this year and it is a higher income then last years income tax return.. I did get a letter of employment showing my current annual salary which is higher but dont i gotta show paystubs to back that up? And yes I have transcripts of taxes.. thanks

[reese1 68]

Does your last years tax returns meet the poverty guidelines?

[reese1 68]

Hi, Do they approve afvadavit of support by CURRENT INCOME or last 3 years of tax returns? I qualify by current income but not with my last 2 yrs of tax returns, Also my paystubs say Married 8 so they take less out of my weekly pay, but i filled taxes the last 2 years married 1 for myself.. so am i gonna have a problem now with AOS?

Thanks for your coming respones..

This should not matter if when you file your taxes you are not claiming any dependents that would need to be included in the I-864 form. As they are not the IRS how many dependents you claim through out the year shouldn't be any of their concern, only that you meet the poverty guidelines for your household size. And if the question was to come up that you have 8 dependents you can show them with the tax return were you only have yourself as a dependent when you file. But if you need the letter and stubs to meet the requirements then you don't have a choice but to send them. I know people that have claimed the max to not have taxes taken out of their pay check it is not against the law, it just means you may owe at the end of the year.

[Tony Y Mari 6]

No my last year was short of the poverty guidlines, but my current income meets it now..

And exactley I pay a little something at the end of the year..

[KayDeeCee 4,896]

No my last year was short of the poverty guidlines, but my current income meets it now..

And exactley I pay a little something at the end of the year..

Pay stubs are not a requirement. You can use a letter from your employer that states your position and salary to prove current income. See page 7 of the I-864 instructions for more details.

[Tony Y Mari 6]

Ok good I have a letter of employment so i should be all set.

One more question I pay child support for my 2 kids but they are NOT listed on my last 2 years income tax returns, and they do not live with me. so I do NOT add them on the I 864 correct?

[himher 634]

You are supposed to include them in your household size. In fact you are required to.

Here are the consequences: If excluding them is the difference between receiving or not receiving the immigration benefit and it is discovered later then it becomes ommission of a material fact which may void every subesequent immigration benefit retroactively.

Bed news when that happens sport.

Ok good I have a letter of employment so i should be all set.

One more question I pay child support for my 2 kids but they are NOT listed on my last 2 years income tax returns, and they do not live with me. so I do NOT add them on the I 864 correct?

Edited November 15, 2012 by himher

[Tony Y Mari 6]

OK so i will have to use them as household members, so i guess ill have to use my father as my co sponsor, he will qualify with his current income but not his last 3 years of income tax transcrpts. He gets a pension check and SS. check every month.

[KayDeeCee 4,896]

OK so i will have to use them as household members, so i guess ill have to use my father as my co sponsor, he will qualify with his current income but not his last 3 years of income tax transcrpts. He gets a pension check and SS. check every month.

Just have him include documentation that proves his current income is enough for his own household size plus your spouse. He also needs to include proof of being a USC or LPR with his I-864.

[Tony Y Mari 6]

Ok thanks, yes it will just be him and my wife and he is a USC with a birth certificate, we have a ss letter showing income and also from his retirment so he should be good correct?

[reese1 68]

Ok thanks, yes it will just be him and my wife and he is a USC with a birth certificate, we have a ss letter showing income and also from his retirment so he should be good correct?

Yes