Sponsor income requironments

[MrVon 0]

On form I-864EZ, Affidavit of Support field 19 they ask about tax for last 3 years.

My wife had no job for 2010, 2011, and was on unemployment, she did tax for that years, but it was minimal. In 2011 she found job made more about 30, 000. can she still be my sponsor?

Do we need to send 2011-2013 tax (we did not file 2013 yet) or 2010-2012 will do as most recent year?

Edited April 5, 2013 by MrVon

[N-o-l-a 7,168]

2013 taxes do not get filed until 2014, so you wouldn't send those. You are close enough yet that you should have the 2012 ones done and you should send the past 3 years even if she didn't earn enough those years. It is current income that matters.

[JohnR! 5,495]

On form I-864EZ, Affidavit of Support field 19 they ask about tax for last 3 years.

My wife had no job for 2010, 2011, and was on unemployment, she did tax for that years, but it was minimal. In 2011 she found job made more about 30, 000. can she still be my sponsor?

Do we need to send 2011-2013 tax (we did not file 2013 yet) or 2010-2012 will do as most recent year?

Send the IRS transcripts of the last three tax returns. What really counts is her current income but with the last three returns you'll be on the safe side.

[ddkorestin 10]

you are never required to submit a 3yrs tax (doc). i asked my lawyer and he told me the last one should be okay, i also checked the uscis web site and founf out that the last year tax is what is required. see the below is a letter written by the uscis, http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2005/affsupprt112305.pdf

Therefore, for any Form I-485 filed on or after the date of this memorandum, the sponsor

shall not be required to file any Federal income tax return for any year other than the tax year

immediately preceding the sponsor’s signing of the Form I-864. For example, if the sponsor

signed the Form I-864 after April 15, 2005, only the sponsor’s 2004 Federal income tax return

would be required. However, the sponsor may file the three most recent returns if the sponsor

believes that the additional returns will make it more likely that the Form I-864 will be found to

be sufficient. This rule shall apply to petitioning sponsors, as well as substitute or joint sponsors

signing a Form I-864 for an adjustment case.

For any Form I-485 filed before the date of this memorandum, the sponsor should have

filed the three most recent income tax returns. An officer may encounter a case in which the

sponsor has included the most recent income tax return but not one or both of the two earlier

returns. Given the change of policy made by this memorandum, adjudicators are no longer

required to issue a request for evidence (RFE) for the missing earlier return(s).

Note also that IRS will, without charge, issue a taxpayer a transcript of the taxpayer’s

income tax return if the taxpayer files IRS Form 4506T. For purposes of the affidavit of support

requirements, officers shall accept an IRS-generated transcript as a true and correct “copy” of the

sponsor’s return. Since the IRS itself issues the transcript, it will not be necessary for USCIS to

request any missing Forms W-2 or 1099 if the sponsor submits a transcript, rather than a

photocopy, of the tax return.

A USCIS officer may also decide that a request for evidence is not necessary in a case in

which the sponsor filed a photocopy of the tax return, instead of a transcript, but did not submit

the Forms W-2 or 1099. A decision not to RFE for the W-2 or 1099 will be proper if the officer

concludes that the evidence of record, taken as a whole, establishes that the information on the

tax return is true and correct.