Affidavit of Support Questions

[Chica Yeyé 41]

Good morning everyone,

Seems that we are becoming VJ junkies!!! Which is a good one, I think.

OK, so we are doing DCF through Montreal. Yesterday some folks in here told me it was ok to begin gathering the documents in advance, so as to be ready when packet 3 arrives from MTL. Goodie. Now, since DH is a foreign student in Canada (USC), his income -which mind you, is LOW- will not be considered for AOS; hence we decided to get a joint sponsor, friends of our inlaws who actually volunteered themselves (we are blessed with people trying to help us!!!). So questions of the day are:

1. If DH does not have sufficient income (and was told he didn't have to file IRS while studying in Canada), does he submit the I-864 anyway? Or does he file a letter of some sort? Do tell.

2. I am sending our cosponsors a trial copy of I-864 so they can also begin gathering their documents. Now, in DCF, signatures need or need not be notarized?

Thanks again for all your help!!!!

L&B.

[YuAndDan 153]

Yes he still submits an I-864, along with a copy of last year's tax return, and note that living outside the US and/or making little or no income, dose not exempt an American from filing a return, a return needs to be late filed. Please read the instructions included with form I-864.

As for co-sponsor, if the co sponsor is a member of his household like parent, or sibling, they would file and I-864A, if they are not a member of the household then they file an I-864 also.

But in the case of the I-864 the petitioner has to file an I-864 for the beneficiary.

[kofuku 0]

Yes he still submits an I-864, along with a copy of last year's tax return, and note that living outside the US and/or making little or no income, dose not exempt an American from filing a return, a return needs to be late filed. Please read the instructions included with form I-864.

As for co-sponsor, if the co sponsor is a member of his household like parent, or sibling, they would file and I-864A, if they are not a member of the household then they file an I-864 also.

But in the case of the I-864 the petitioner has to file an I-864 for the beneficiary.

I beg to differ. I was a volunteer making little to no money overseas. I saw no need to file a return and was not required to according to IRS regulations. I so stated this in a statement to the consulate as follows:

Explanation for Taxes not filed for tax years 2003 and 2004

According to the IRS, you must file a Federal income tax returns if you are a US citizen and meet the filing requirements. Although, I am a US citizen, I did not meet any of the requirements for individual filers:

1. My taxable income for 2003 and 2004 were below the minimum gross amount required to file. Income during these two years came primarily from accrued wages as a Peace Corps volunteer. My gross income for 2003 and 2004 were $1,290 and $2,700, respectively.

2. I was not claimed as a dependent on anyone’s tax return in 2003 or 2004.

3. In 2003 and 2004, I did not owe any special taxes, receive an advance from Earned Income Credit (EIC) payments from my employer, was not self-employed or received wages from a church.

I signed and dated the letter and included it with my I-864. No problems.

For the I-864, it must be notarized and there is a line for the notary and signature at the end of the document.

Best wishes.

[Yodrak 7]

L&B,

1. Yes, your husband must submit an I-864 and appropriate supporting documentation. He is your Sponsor whether or not he can fulfill the financial responsibility on his own.

2. I-864 no longer needs to be notarized. DCF is not relevant - the fact that the I-130 petition was submitted to a consulate rather than to a USCIS Service Center in the USA has nothing to do with it.

Yodrak

Good morning everyone,

Seems that we are becoming VJ junkies!!! Which is a good one, I think.

OK, so we are doing DCF through Montreal. Yesterday some folks in here told me it was ok to begin gathering the documents in advance, so as to be ready when packet 3 arrives from MTL. Goodie. Now, since DH is a foreign student in Canada (USC), his income -which mind you, is LOW- will not be considered for AOS; hence we decided to get a joint sponsor, friends of our inlaws who actually volunteered themselves (we are blessed with people trying to help us!!!). So questions of the day are:

1. If DH does not have sufficient income (and was told he didn't have to file IRS while studying in Canada), does he submit the I-864 anyway? Or does he file a letter of some sort? Do tell.

2. I am sending our cosponsors a trial copy of I-864 so they can also begin gathering their documents. Now, in DCF, signatures need or need not be notarized?

Thanks again for all your help!!!!

L&B.

YuAndDan,

Wrong. Living outside the USA does not exempt an American (or a LPR) from filing a US tax return, but earning little or no income does. There is a minimum income below which one is not required to file a tax return.

Yodrak

Yes he still submits an I-864, along with a copy of last year's tax return, and note that living outside the US and/or making little or no income, dose not exempt an American from filing a return, a return needs to be late filed. ....

[Raj0000 0]

L&B,

1. Yes, your husband must submit an I-864 and appropriate supporting documentation. He is your Sponsor whether or not he can fulfill the financial responsibility on his own.

2. I-864 no longer needs to be notarized. DCF is not relevant - the fact that the I-130 petition was submitted to a consulate rather than to a USCIS Service Center in the USA has nothing to do with it.

Yodrak

Yodark & all:

Everywhere people talk abt I-864 to get notarized....since when they have removed the reqmt to notarize I-864. Actually, when I downloaded latest 864 off the USCIS website, I couldnt find the line and place for the signature of notary..so I was wondering myself abt it....

Anyway, can I still go ahead and make it notarized so that my financial claims and information look more authentic to consular officer ??

Thanks...

[Yodrak 7]

Raj0000,

Since earlier this year when USCIS finally got arround to issuing a Final Rule implementing a law passed back in late 1996 (or maybe it was 1997).

Sure you can have your signature notarized. What makes you think that will make your claims and information any more believable? The notary has no idea whether the information you are providing is 100% accurate or 100% false - a notary is affirming your signature, not your information.

Yodrak

Yodark & all:

Everywhere people talk abt I-864 to get notarized....since when they have removed the reqmt to notarize I-864. Actually, when I downloaded latest 864 off the USCIS website, I couldnt find the line and place for the signature of notary..so I was wondering myself abt it....

Anyway, can I still go ahead and make it notarized so that my financial claims and information look more authentic to consular officer ??

Thanks...

Edited November 10, 2006 by Yodrak

[meauxna 15]

Everywhere people talk abt I-864 to get notarized....since when they have removed the reqmt to notarize I-864. Actually, when I downloaded latest 864 off the USCIS website, I couldnt find the line and place for the signature of notary..so I was wondering myself abt it....

Anyway, can I still go ahead and make it notarized so that my financial claims and information look more authentic to consular officer ??

Thanks...

Raj:

Up to earlier this year, the I-864 did need to be notarized. Now it does not. The language on the I-864 essentially covers the same promise--by signing, you are swearing that everything on the form is true.

Don't try to get inside the ConOff's head--just follow the instructions.

[Chica Yeyé 41]

Thanks, merci, gracias, gratzie. You guys rock!!!!

Talked to our joint sponsor this morning, who happens to also be a tax expert, and he will help us out filing DH's late returns. Where would we be without you and them??????

Love you bunches, L&B.

[Ma and Timi 0]

Yes he still submits an I-864, along with a copy of last year's tax return, and note that living outside the US and/or making little or no income, dose not exempt an American from filing a return, a return needs to be late filed. Please read the instructions included with form I-864.

As for co-sponsor, if the co sponsor is a member of his household like parent, or sibling, they would file and I-864A, if they are not a member of the household then they file an I-864 also.

But in the case of the I-864 the petitioner has to file an I-864 for the beneficiary.

I beg to differ. I was a volunteer making little to no money overseas. I saw no need to file a return and was not required to according to IRS regulations. I so stated this in a statement to the consulate as follows:

Explanation for Taxes not filed for tax years 2003 and 2004

According to the IRS, you must file a Federal income tax returns if you are a US citizen and meet the filing requirements. Although, I am a US citizen, I did not meet any of the requirements for individual filers:

1. My taxable income for 2003 and 2004 were below the minimum gross amount required to file. Income during these two years came primarily from accrued wages as a Peace Corps volunteer. My gross income for 2003 and 2004 were $1,290 and $2,700, respectively.

2. I was not claimed as a dependent on anyone’s tax return in 2003 or 2004.

3. In 2003 and 2004, I did not owe any special taxes, receive an advance from Earned Income Credit (EIC) payments from my employer, was not self-employed or received wages from a church.

I signed and dated the letter and included it with my I-864. No problems.

For the I-864, it must be notarized and there is a line for the notary and signature at the end of the document.

Best wishes.

Are you sure Form I-864 Affidavit of Support need to be notarised? I don't see that field as I went through the form. Please advise.

[aussiewench 9]

For the I-864, it must be notarized and there is a line for the notary and signature at the end of the document.

Are you sure Form I-864 Affidavit of Support need to be notarised? I don't see that field as I went through the form. Please advise.

Ma and Timi

Please read the posts above in this thread where this was explained.

Edited November 13, 2006 by aussiewench