A few questions about I-864

[jkb11 26]

We're finally married!

Now that I'm preparing all the paperwork to file for AOS from my K-1, I have a few questions regarding the affidavit forms. Here's the situation: my wife doesn't make the required $$'s according to the poverty guidelines, her mom (my mother-in-law) will be the joint sponsor.

- My wife did not file a return for 2009, since she made 0 income. She has transcripts for 2010 and 2011 (obtained for I-134 during K-1 processing). Should she check the box in question 25, stating "I have filed a Federal Tax return for each of the three most recent tax years."? Should she fill out the adjust gross income fields in the same question, even if she didn't file a return for 2009? Will leaving this check box unchecked have any negative impact on the process? Should she attach some sort of letter explaining the reason for not filing the 2009 return?

- Since my wife does not make enough money to be the only sponsor, does she need to fill out Part 7, regarding assets? NOTE: The joint sponsor has more than enough income to fulfill the sponsorship requirements.

- Regarding question 21 for the joint sponsor - since my wife does not meet the poverty guidelines, should she be somehow included as member of the joint sponsor's household? She's not depending on her in any way, nor does she live at the same address and is not claimed as a dependent for tax purposes. I'm thinking the answer is NO, but I just want to be sure.

- The joint sponsor can provide three tax transcripts, three latest pay stubs, letter of employment. Is that enough?

- My wife can provide two tax transcripts, no pay stubs (since she just got re-hired), but she will have her letter of employment. Is that going to be fine?

I will be grateful for all information and advice!

Cheers!

[Darnell 8,478]

can you wait another month, to file aos ?

what's her 2012 income level look like ?

[jkb11 26]

can you wait another month, to file aos ?

what's her 2012 income level look like ?

We'd rather not. We'd like to have me start working as soon as possible. Also, we would be filing our taxes together, and considering I will need to do my tax papers in Poland first to claim tax credit in the U.S., filing taxes probably won't happen till late March.

EDIT: the income level for 2012 will be way under the guideline levels as well

Cheers!

Edited December 10, 2012 by jkb11

[Hagrid 22]

Hi! hope to be of help as We have gotten so much help from vj members from threads on what we have needed throughout the immigration process. So I am answering what we (my wife and I) learned when submitting our AOS package!

- My wife did not file a return for 2009, since she made 0 income. She has transcripts for 2010 and 2011 (obtained for I-134 during K-1 processing). Should she check the box in question 25, stating "I have filed a Federal Tax return for each of the three most recent tax years."?

R. No because she didn't file in 2009 which is part of the last three most recent tax years. What you can do is have her write a letter explaining why she didn't file taxes in that year. There must be a reason, the worst that can happen if the letter is not enough is a RFE telling you what you can provide but I doubt it will happen as it's more important the last year and the second last.

Should she fill out the adjust gross income fields in the same question, even if she didn't file a return for 2009? Will leaving this check box unchecked have any negative impact on the process? Should she attach some sort of letter explaining the reason for not filing the 2009 return?

R. Yes, attach the letter as explained in the instructions for that form. About what to fill in that year like the gross income, you should fill it if there is a great reason for not having filed that year like her working out of the country or for being a student and not having a job at all. Remember that if she got a w2 even when she made 1000 that year, she should have filed. I filed 2010 and 2011 and in 2011 I didn't make more than 2000 as I didn't work all year round or with a great pay but still filed.

- Since my wife does not make enough money to be the only sponsor, does she need to fill out Part 7, regarding assets? NOTE: The joint sponsor has more than enough income to fulfill the sponsorship requirements.

R. You are required to fill this out if you don't have a joint sponsor so this can help meet the poverty lines. As in your case you have a joint sponsor, they won't care about your wife's assets even if it says it is required, most of the times not even with assets those lines will be meet and a joint sponsor will be required, they will look more at the joint sponsor information. Personally, we left it blank as her assets were not more than 3000 and it was still under the poverty lines, checked with other members here on vj and everybody suggested to leave it blank as they did, no RFE because of joint sponsor with income over the poverty lines.

- Regarding question 21 for the joint sponsor - since my wife does not meet the poverty guidelines, should she be somehow included as member of the joint sponsor's household? She's not depending on her in any way, nor does she live at the same address and is not claimed as a dependent for tax purposes. I'm thinking the answer is NO, but I just want to be sure.

R. No she should not as she's not living with the sponsor. When the sponsor and the joint sponsor live in the same place, the sponsor your wife, fills out the i864 and the joint sponsor the i864a. But when they live in different places as it is your case, your wife, the original petitioner files an i864 amd the joint sponsor, her mom in your case who lives in a different place files another i864. So your package will include two i864 and the joint sponsor won' tinclude her in her house hold, just you, the beneficiary.

- The joint sponsor can provide three tax transcripts, three latest pay stubs, letter of employment. Is that enough?

R. Just the latest is required for the tax return but if you can submit the three, it's ok Make sure that for 2011 last taxable year, submit the whole 1040 or 1040ez or 1040a or whatever 1040 she has but completely. Some vj members have gotten RFE for submitting just the first pages and not the whole thing they sent to the IRS.

- My wife can provide two tax transcripts, no pay stubs (since she just got re-hired), but she will have her letter of employment. Is that going to be fine?

R. We only submitted for my wife her last tax return 2011 and nothing else as she just got hired recently and she doesn't meet the poverty lines anyways. We learned this is not important as long as you submit the right documents for the joint sponsor. It's just a requirement that your wife submits one affidavit too. This is the only thing we could be at risk for a RFE asking for letter of employment but she's been changing jobs a lot this year that maybe by the time they actually check that, she will have a new job as just had an interview on monday (for a better job that she actually likes). So, you will be fine, just submit the letter explaining about 2009, the two complete tax returns 2010 and 2011 and her letter of employment along with the i864 and for her mom the joint sponsor the pay stubs, letter of employment, most recent tax return or the last three years, whatever you choose and proof of citizenship! this is important for the joint sponsor as some people get RFE for this. We attached advised here a copy of our sponsor's passport as proof of citizenship. You could attach instead copy of the joint sponsor's birth certificate proving citizenship if she was born here of course. The passport way is the easiest if she has it. For your wife is not required as they know already she is USC as she petitioned your i129f.

[Hagrid 22]

btw I was going to advise you filing 2012 and then AOS but I understand you want to work soon as I do and also based on my experience, in 2010 I got my w2 till february so couldn't file ahead of time as I didn't have all my paystubs and in 2011 my w2 got lost so I could file till late march also so I know waiting that long for AOS doesn't sound good.

[jkb11 26]

Thank you! As far as I am concerned, she just had 0 income at all, no W2, in 2009. We will write and attach a letter explaining that situation. You mention we should file the 1040s? Aren't the complete IRS transcripts that we got from the IRS office enough? Should I also attach their W2s?

Cheers!

[Hagrid 22]

ohh no I was saying just attach the other two transcripts whichever form she filed! There are different 1040!

ahh I didn't know you have the transcripts directly from the IRS so you are almost all set! yes those are enough buddy!

[jkb11 26]

Alright, is there anything else we should be taking into consideration?

Cheers!

[Tygrys 143]

Alright, is there anything else we should be taking into consideration?

Cheers!

You're pretty much set. Good luck with your AOS!

[jkb11 26]

Thanks!

[jkb11 26]

So, I'm ready to mail the AOS package, but just to be sure, I'm gonna ask these questions:

- My mom in law is the co-sponsor, she provided her birth certificate as proof of being a USC. However, her BC states her birth name, and her current last name is different due to marriage. Do I need a copy of her marriage certificate in order to establish a relationship between her birth name from BC and last name used on all other documents (tax returns, w2's, pay stubs, letter of employment)?

- Nowhere in any instructions to any forms sent as a part of the AOS package have I found any requirements to provide any documents (passport bio page, pictures, birth certificate, etc.) belonging to or depicting my spouse. As I'm adjusting from the K-1 status, I provided the I-129F approval notice. Here is the full check list included in my cover letter:

• Payment in the amount of $1070

• G-1145 - Form for E-Notification of Application/Petition Acceptance

• I-485 - Application to Register Permanent Residence or Adjust Status

• Copy of I-797 - Notice of Action, Approval of I-129F petition

• Copy of K1 visa in passport, along with the USA entry stamp

• Copy of I-94 - Arrival/Departure record (front and back)

• Certified Copy of Marriage Certificate

• Copy of DS-3025 - Vaccination record - completed overseas

• G-325A - Biographic Information, including employment attachment

• Copy of birth certificate, with English translation

• Copy of passport biographical details page

• 2 passport photos

• I-864 - Affidavit of Support under Section 213A of INA, completed by XXXXXXX (my wife)

o o o Copy of IRS Tax Transcript for tax years 2010 and 2011

o o o Letter of employment

o o o Letter explaining exempt from filing in tax year 2009 and providing additional information

• I-864 - Affidavit of Support under Section 213A of INA, completed by YYYYYYY (mom in law), the only joint sponsor

o o o Copy of IRS Tax Transcripts and W2 Forms for tax years 2009, 2010 and 2011

o o o Letter of employment

o o o Last 4 pay stubs

o o o Copy of Birth Certificate - proof of U.S. Citizenship

• Additional supporting evidence of ongoing relationship

Am I missing anything?

Cheers!

Edited December 18, 2012 by jkb11