Petitioners/USC's Proof of Taxes for Form I-864A - Opinions Please!!

[Erica & L 52]

Hey everyone,

I have a few questions. My wife (the USC) and I are planning to send out our correlating I-130 and I-485 hopefully by the beginning of December, and I'm starting to get all the paperwork together now while we wait until all of our funds are saved up.

For the area on the form I-864A Affidavit of Support that requires she provide her annual income from her income taxes 2010, 2011, and 2012 we have hit a problem. She had filed her 2012 tax return, and her 2009 tax return (irrelevant) but she did not file her 2010 or 2011 taxes, she was filed under her father's taxes and therefore did not claim her own income. She had the same basically full-time job, but it benefited him to claim her and she wasn't going to receive anything back anyways, which is my understanding. Her dad has records of this, and I've ordered the transcripts for 2009 and 2012.

First question, will I get an RFE for being below the poverty line even if I provide the following?

Tax transcripts for 2009 (irrelevant, but still) and 2012.

Copies of her father's tax return where she is listed as a dependent for 2010 and 2011.

A letter explaining this situation.

Copies of her pay stubs (as many as the companies website will let us go back to and print out until current.)

A letter from her General Manager vouching for her good standing within her job, her (pretty much) full time schedule, and her consistency from working there for a little over 3 years now etc.

Claiming her assets: only her 2001 Subaru Forester worth maybe $2000-$3000.

I've been down here for 4 months now and she has supported me no problem, but we have been staying in her mom's rental for an extra affordable cost due to our situation/trying to save etc. Her mom doesn't have any credit and hasn't worked in forever therefore files no taxes, so she couldn't be a co-sponsor; the only person that could be a co-sponsor would be her step-dad but currently they aren't on the best of terms, so we're trying to avoid going down that road if possible. Her actual dad might, but he's been on disability so I don't think he makes enough income, even though he does file taxes. Also to mention, it's just my wife and I, we have no children or dependents so it's for a size 2 household.

Second question: on the form, where it says "second most recent (2011) and third most recent (2010) tax return. What do I put given these circumstances? Leave them blank?

Any advice/comments/experience greatly appreciated, this is the one part of the application that is REALLY stressing me out!!

I saw someone post a similar thread but mine is slightly different circumstances so I'd really appreciate some specific input.

Thanks so much!

Edited October 22, 2013 by justfromerica

[Erica & L 52]

Anyone have any advice/opinions at all?

[newacct 688]

Why is she filling out I-864A? She, as the petitioner, is a sponsor, and should fill out I-864.

she was filed under her father's taxes and therefore did not claim her own income. She had the same basically full-time job, but it benefited him to claim her and she wasn't going to receive anything back anyways, which is my understanding.

Just because her father claims her as a dependent (I am guessing that this is what you mean by "claim her") doesn't mean she doesn't have to file taxes. She can only not file taxes if her income is below the threshold. You can look at the instructions for Form 1040 for 2011 and 2010. On pages 8 and 9 are the charts for the thresholds. If she was claimed as a dependent (chart B), she needs to file if her earned income is more than $5700 (2010) / $5800 (2011).

If she truly was not required to file, she doesn't need her dad's taxes. Just a letter explaining she was not required to file.

She doesn't need to use assets if her current income is sufficient. Plus, one cannot count their car unless they have another car.

[Erica & L 52]

Why is she filling out I-864A? She, as the petitioner, is a sponsor, and should fill out I-864.

Just because her father claims her as a dependent (I am guessing that this is what you mean by "claim her") doesn't mean she doesn't have to file taxes. She can only not file taxes if her income is below the threshold. You can look at the instructions for Form 1040 for 2011 and 2010. On pages 8 and 9 are the charts for the thresholds. If she was claimed as a dependent (chart B), she needs to file if her earned income is more than $5700 (2010) / $5800 (2011).

If she truly was not required to file, she doesn't need her dad's taxes. Just a letter explaining she was not required to file.

She doesn't need to use assets if her current income is sufficient. Plus, one cannot count their car unless they have another car.

Sorry, I meant I-864. All these forms are scrambling my brain.

I'll have to speak with her again about it, not sure how we would get the old W2s. Thank you for the information.