Help needed filing out i864- Who should sponsor?

[aa6587 0]

Just in the process of finalizing the paperwork, i have some questions regarding i864

My husband is the petitioner, should he fill it out or my brother who is more financially stable, we also don't have my husband's tax returns or any proof of employment in the past, we're both students and he's been working independently so there is not much proof. My brother has a stable income and he recently moved out. Whom should fill it out?

[aa6587 0]

Also, my husband recently started his new job, like last month. He doesn't have any tax returns. Does he needs an employment letter from his new work place?

[Ryan H 3,812]

Your husband is required to fill out an I-864 regardless of his financial circumstances. If your brother is willing to be a joint sponsor, he would complete an I-864 also.

[aa6587 0]

So, my brother should fill out i864 not i864A since he doesn't live with us anymore? and in the form, should he check 1a (i am the petitioner, i am filing for the immigration of my relative), 'I am the joint sponsor' or 'I am first or second joint sponsor' ?

[aa6587 0]

Also, everything else (i485 and i130) is complete, it's kind of late already so should we send them first and send i864 later, since it also needs some papers he's waiting for. Does it makes any difference if it's sent few days later? And should we send it to the Chicago address (that's where we're sending the rest of our paperwork)

@Ryan H

Thanks

[Harpa Timsah 13,258]

Do NOT send in materials later. They will just get lost. You can wait for an RFE and send it with the special RFE paper, but it's best to just wait until your package is complete. You gain nothing by sending an incomplete package, and in fact you lose quite a bit.

[Nich-Nick 3,354]

Also, my husband recently started his new job, like last month. He doesn't have any tax returns. Does he needs an employment letter from his new work place?

If he doesn't have enough income to sponsor, then an employer letter is pointless because the support will fall to the brother proving he makes enough. Husband does need a tax return or a statement why he was not required to file. That is part of the requirement. So a signed statement such as "I earned $124.59 in 2012 which was below the filing threshold set by the IRS. Therefore I was not required to file a US tax return.". Write that on a separate paper and place behind the I-864 form.

So, my brother should fill out i864 not i864A since he doesn't live with us anymore? and in the form, should he check 1a (i am the petitioner, i am filing for the immigration of my relative), 'I am the joint sponsor' or 'I am first or second joint sponsor' ?

I am the joint sponsor. The first choice Is for your spouse/petitioner to check.

[aa6587 0]

So it's kind of late, we were suppose to send it 2-3 months back but my husband is always traveling and it took so much time to finalize everything, i don't really want to delay it anymore, it's so tiring, as soon as we receive the tax returns and the i864 forms are ready, we'll send them seperate. Also, should i ask my brother to send his i864 seperate or should we send both i864s (one filed by bro and one by husband) together?

[Nich-Nick 3,354]

So it's kind of late, we were suppose to send it 2-3 months back but my husband is always traveling and it took so much time to finalize everything, i don't really want to delay it anymore, it's so tiring, as soon as we receive the tax returns and the i864 forms are ready, we'll send them seperate. Also, should i ask my brother to send his i864 seperate or should we send both i864s (one filed by bro and one by husband) together?

If this is a K1 visa, there isn't a mandated time to file by. Everything should go in the same mailing together...the I-485 application, I-94 card, marriage certificate, the NOA 2, both affidavits of support with their evidence, and the rest of the long list. DO NOT send separate mailings in a week or two. They will not end up in your file. Your file may be in another state by then. If your application is incomplete (without the two I-864s) then the USCIS will put your case on hold and send a letter saying what is missing. You will have a limited time to reply. If you don't reply in time or don't send exactly what they need, you risk denial. Your response to that must be sent back with a form they mail you so it gets to the correct address.

It would be much better to get your application complete before sending it. Then if you did something wrong with the I-864s, you get a chance to correct it. They may not give you that chance if you get the request for evidence (RFE) and don't send back a correct reply. For example many forget the joint sponsor needs to prove their citizenship. If the mistake was in the first packet, they tell you what to fix. If there was nothing in the first packet, and you sent a mistake as reply, they might say it wasn't a good reply and deny because there was not all the evidence needed. Sometime they only give one chance and won't send a second RFE.

[aa6587 0]

So, what if he doesn't have tax returns for the last three years, he only has some for one company he worked for a brief period, other than that he doesn't have anything, do you need one year tax rerturns or three?

[Nich-Nick 3,354]

So, what if he doesn't have tax returns for the last three years, he only has some for one company he worked for a brief period, other than that he doesn't have anything, do you need one year tax rerturns or three?

One tax return is required to be mailed in or a reason why he was not required to file. Information taken from three tax returns is filled in on the form, so three must be available to get the form filled out.

I think you don't understand what a tax return is. You don't get a tax return from a company you work for.

A tax return is a specific set of forms he fills out once a year and lists all the money he made in that year, even if he worked for 20 different companies. It is mailed to the IRS. If you are speaking of the brother and he hasn't filed tax returns, then he can't be your joint sponsor. Many people think of they receive cash for jobs, then they don't have to report cash or pay income tax. Maybe that is the case of the brother? If so, he is committing a crime of income tax evasion. If this is your spouse, he will have to file 2010, 2011, and 2012 taxes before you can get a greencard. All the more reason why you should get everything needed before sending the application.

Please explain the tax situation and if your two people worked for the last three years and if they filed taxes for the last three years.

[aa6587 0]

Well my husband has tax returns from last year only, 2 years before that he never had to apply for it because he was a student and wasn't working (made less than the required amount)

So should we check the question 13 on Page 5 saying 'i have filed federal tax return for each of the following 3 years, i have attached the required photocopy of my federal tax return for only the most recent year". Because if we do, that means he filed it for the last three years, which is not true, he only did it for the most recent year. So should be leave it uncheck and attach a note instead explaining that?

Also, On page 4, Part 5, Person you are sponsoring on this affidavit

1: Enter the Number you entered on line 7 of Part 3: 1

Persons NOT sponsored in this affidavit :

2: Yourself : 1

3:If you're married , enter 1 : 1

Household size (adding all the numbers ): 3

So basically, he's sponsoring his spouse, so question 3 doesn't makes sense because the person sponsored and spouse are the same, which makes the household size to be 2 not 3. So should we leave it like that, or write zero on question 3, which i think is wrong because the sponsor is married BUT the spouse is sponsored not someone else.

@ Nick - Nick

My brother ( who is a second sponsor) has his tax returns and a stable income, my husband doesn't, As i explained in the previous post.

[Nich-Nick 3,354]

I didn't follow your post so thanks for the further explanation. When you said --

"So, what if he doesn't have tax returns for the last three years, he only has some for one company he worked for a brief period, other than that he doesn't have anything, do you need one year tax rerturns or three?"

I didn't know if "he" was husband or brother. And "some" tax returns for one company for a brief job? I also know people with stable income who work for cash and don't file tax returns. So I was lost.

Your questions--

Don't count anyone twice. The immigrant spouse is listed in #1, so leave #3 blank.

The purpose of #3--

If you were a citizen and sponsoring your mother from France

#1 your mother

#2 yourself

#3 your husband

It will also be appropriate when the brother fills out the form with a place to count his wife, if he is married.

Your question--

"So should we check the question 13 on Page 5 saying 'i have filed federal tax return for each of the following 3 years, i have attached the required photocopy of my federal tax return for only the most recent year". Because if we do, that means he filed it for the last three years, which is not true, he only did it for the most recent year. So should be leave it uncheck and attach a note instead explaining that?"

You are required to attach a statement to the I-864 explaining why he was not required to file for 2010 and 2011. See page 6 of the instructions. As far a checking the box, it's a scenario that doesn't quite fit his situation. That's always a problem with forms that are written for the masses.

My thoughts--

1) Check it because you will include a statement covering his exemption for two of the years

Or

2) Check it but cross out "3" and write in "1". Hand write in that space below "Not required to file prior to 2012"

Or

3) Take it literally and don't check it. I think that runs the risk that they will see that and send an RFE before they flip the pages to find out why he didn't file and he indeed submitted the most recent.

Pick one or wait for more comments from other people who may have better ideas.

[KayDeeCee 4,893]

Nich-Nick explained about not listing anyone twice, so I will address the part about your husband not filing taxes for 2 of the last 3 years.

Check the box and line through the part about filing the last 3 years. On the lines for the years he did not file put "N/A-NOT REQUIRED TO FILE-INCOME TOO LOW" and that can also act as your statement as to why he did not file. If you feel more comfortable using a separate sheet to explain why he did not legally have to file, then just put "N/A-SEE ATTACHMENT" instead and provide the explanation sheet behind the I-864 with his most recent tax transcript.

[aa6587 0]

Thank you so much everyone who answered.