If we mess up i-864 will we be doomed forever?

[Bullan 0]

Sorry about the dramatic title.

What I worry about most now is our Affidavit of Support, as our situation is pretty special. My husband , the USC, has never worked in the US up until January 2013 and therefore has no W-2. We wrote a letter explaining our situation. Also, its gonna be a few weeks until we get our tax return transcripts so we're sending photocopies of the 1040 and 2555 of which he filed recently. This I'm gonna assume will end in ######, but it's all we got for now and I want to get the travel document AP thingy in asap as I wanna go home in the summer.

To prove his "financial excellence" (...) we're including bank statements, both from swedish and american banks where he has over $50000 in savings.

Also, we have swedish tax records.

If they don't accept this - will we be denied all together and will I be deported..? Or can we send in the tax records when we have them later?

[bt1 42]

Sorry about the dramatic title.

What I worry about most now is our Affidavit of Support, as our situation is pretty special. My husband , the USC, has never worked in the US up until January 2013 and therefore has no W-2. We wrote a letter explaining our situation. Also, its gonna be a few weeks until we get our tax return transcripts so we're sending photocopies of the 1040 and 2555 of which he filed recently. This I'm gonna assume will end in ######, but it's all we got for now and I want to get the travel document AP thingy in asap as I wanna go home in the summer.

To prove his "financial excellence" (...) we're including bank statements, both from swedish and american banks where he has over $50000 in savings.

Also, we have swedish tax records.

If they don't accept this - will we be denied all together and will I be deported..? Or can we send in the tax records when we have them later?

A US citizen, regardless of where they live are required to submit tax returns every year.

[Alaska2012 462]

Swedish tax records won't help you, and whatever money you still have in Sweden won't help you either, the money needs to be in the us.

Did you send in a letter from your husbands employer, stating he is working what kind of money he is making etc? Did he send the few pay stubs he got?

Do you have the option of using a co-sponsor if they deny you?

[CC90 90]

Regardless of where your husband has worked, he is required to file US tax returns each year on worldwide income as a US citizen. In your case, the amount he's made does not really matter, but they had to have been filed. If these have not been filed, he will need to file them and pay any taxes/penalties he owes. These may even be $0 depending on the circumstances. Talk to a tax expert.

That aside, the main thing they want to see is that your husband currently has a rather permanent source of income that will exceed the poverty line. He can use a letter from the employer to prove this; no W-2 needed.

They will not even consider foreign assets; don't bother sending these.

And, no, you will not be deported. But you will just not get permanent residency until these issues are resolved. I wouldn't file until they are resolved, because you might loose the fees and have to file again.

Edited March 27, 2013 by CC90

[LizLovesFlor 11]

Can someone tell me where the uscis requires proof of "financial excellence" ?

[Bullan 0]

Yes, we have employment letter.

He has filed taxes for the year he made any income. The other years he didn't make enough to file taxes (he was a student). We've gone through this with IRS. However, we only have a photocopy of the filed taxes of 2012 (income year of 2011) as he filed these late (a few weeks ago when we started this process) the 1040 and 2555. So we're sending these while we wait for the real tax transcript from IRS. And that's why I wonder, will my Advance Parole application be delayed because our i-864 may not be perfect?

[VanessaTony 3,567]

Can someone tell me where the uscis requires proof of "financial excellence" ?

It's just the OP's way of saying meeting the poverty guidelines. The I-864.

[CC90 90]

Yes, we have employment letter.

He has filed taxes for the year he made any income. The other years he didn't make enough to file taxes (he was a student). We've gone through this with IRS. However, we only have a photocopy of the filed taxes of 2012 (income year of 2011) as he filed these late (a few weeks ago when we started this process) the 1040 and 2555. So we're sending these while we wait for the real tax transcript from IRS. And that's why I wonder, will my Advance Parole application be delayed because our i-864 may not be perfect?

If he wasn't required to file, then this is okay. You just have to explain very clearly why he wasn't required to file (preferably citing relevant tax law).

Transcripts or actual returns: there's no difference. If you don't have one, send the other. The transcripts are supposed to make their life and your life a bit easier (and cut down on shipping weight). Only exception here is Schedule C self-employment income in which you have to send the full return.

The AP/EAD will not be delayed because of this; it goes through a separate process.

[Bullan 0]

Thank you CC90.

I think we will add more in our coverletter for the i-864

Thanks!

Edited March 27, 2013 by Bullan