I-864 Affadavit of Support - Co-Sponsor Question

[Erica & L 52]

Hey everyone,

Sorry for all these threads relating somewhat to the same question, I'm just confused and trying to clarify everything in order to choose the proper method of moving forward with my application.

I got my wife's 2012 tax return transcript in the mail today, and it looks like she only made about 12,000 that year, when 125% of the poverty line for our 2 size household is $19, 387.

She's had the same job for 3 years (as well as 2 other jobs for short amounts of time while working her current job for extra cash at the time) and works basically full-time, but she's a delivery driver and her hours do vary as well as her tips, so would pay stubs and a letter from her employer be irrelevant to prove she can support me with a consistent job because her annual income still does not meet the minimum requirement on the PG? and technically she doesn't have a specific yearly salary her boss could vouch for her?

It's looking like we'll need a co-sponsor, and if that's the case, would she still need to file her taxes for 2010 and 2011 that we were already planning to back file? or is that irrelevant as immigration will be looking more into the sponsor's income rather than hers at this point?

Any advice appreciated!

Thank you.

[Boiler 46,171]

What does she make now?

[Erica & L 52]

What does she make now?

I'm unsure, because her paystubs only show her check pay until her last payday, not all of accumulated tips and gas milege which is added on at the end of the year for the next tax cycle.

[Boiler 46,171]

That is an odd way of doing it, so what does the pay slip say?

[Erica & L 52]

It just doesn't provided the NET YTD amount with her tips and gas money included, otherwise it looks like a regular pay stub. I think though, because she wasn't working for 3 months this year when she came to see me, she won't make it above the PG. I was just trying to look for any glimmer of hope to avoid a co-sponsor!

In any case, would my wife still need to file her back taxes even though we would get a co-sponsor? Will immigration be looking solely at that person's income or will it be more of a "we'll take into consideration your 12K you made and your prior tax returns and look at your co-sponsor and their prior tax returns for he remaining 8K you need"

[Boiler 46,171]

What does it show that her current earnings are on an annualized basis?

What does it show that her current earnings are on an annualized basis?

What does it show that her current earnings are on an annualized basis?

[Erica & L 52]

Around 9K but that's before tips and mileage. So I doubt it'll make it to 19K.

Seems silly though, we live in Alabama where the minimum wage and cost of living is low so you think the poverty line would differ per state.

[Harpa Timsah 13,258]

Your wife will be the primary sponsor even if she does not qualify, and so will need to file her back taxes no matter what.

Then you will also need a co-sponsor.

[Boiler 46,171]

Your wife will be the primary sponsor even if she does not qualify, and so will need to file her back taxes no matter what.

Then you will also need a co-sponsor.

I did the hard work and you came in right at the end

[Harpa Timsah 13,258]

I did the hard work and you came in right at the end

I remember this OP from before and I told her this already, so I would have said the same thing initially had I seen it

But sorry to steal your thunder!

[Erica & L 52]

Alright, thanks guys. Friends I know who are doing the same thing referred to their co-sponsor as their primary sponsor as they had little to no income themselves for the past 3 years, but regardless, their wording confused me into thinking that if your spouse falls below the poverty line they aren't still considered a sponsor. Thanks for clarifying though!

[Leo7777 243]

Can't you get a job (even if minimum wage) and then show your income as part of the needed $19,000 + ?

Note: I am just asking a question here experts; not giving advice.

Edited October 30, 2013 by Leo7777

[Erica & L 52]

Not an expert, but in response to that and to my knowledge, unless someone has a green card or their work authorization as been approved, they aren't legally allowed to work in the US?

I nanny a few days a week for one of my wife's friends, and they pay me, but it's not technically an income I can claim. The only thing a benefiary can claim are savings/assets?

*Anyone can feel free to correct me here if I'm mistsken*

[Leo7777 243]

Ah yes, I forgot about that authorization to work.

Another question - - - can a person show their work income from another country?

Another question - - - is it possible to file AOS with enough documentation (without the I-864) to get EAD, then start work so you can show your own current income.

Once AOS is filed, it seems you don't have to worry about being out of status, and could stay and work - - - if you can get EAD. But maybe a catch-22 situation.

Others will set me straight.

[Harpa Timsah 13,258]

Ah yes, I forgot about that authorization to work.

Another question - - - can a person show their work income from another country? No.

Another question - - - is it possible to file AOS with enough documentation (without the I-864) to get EAD, then start work so you can show your own current income. No.

Once AOS is filed, it seems you don't have to worry about being out of status, and could stay and work - - - if you can get EAD. But maybe a catch-22 situation.

Others will set me straight.

You cannot qualify for the I-864 based on illegal work. Can't get an EAD without showing a I-864.

OP: If you are nannying that is also illegal work.