I-864EZ - Am I Qualified?

[STL_HCMC 0]

Hello Everyone!

I ran across this 'qualification question' when completing the I-864EZ affidavit of support: "I am using my own earned or retirement income, which is documented using IRS Form W-2."

I am the petitioner of my wife, and she is the only person immigrating on the visa petition. Those two qualifications for the 864EZ are solid.

I have tax returns for the past three years (was a student in 2003, 2004 and half of 2005). However, for the second half of 2005 and 3/4 of 2006 (5/2005 through 9/2006) I was employed in Vietnam by a private Vietnamese company, but there is no W-2 record because it was foreign earned income. I will start a new job January 2, 2007, and that income more than exceeds the poverty guidelines for our household size.

My question: can I use the I-864EZ form?

Thanks in advance!

Happy Holidays!

STL_HCMC

[riblet 0]

I believe that only U.S. income is acceptable for purposes of any of the I864s.

[STL_HCMC 0]

Bump! Any others?

STL_HCMC

[riblet 0]

Well, it's just me again, but it doesn't look like you meet the requirements for the EZ. I just looked at the instructions again:

"You may use Form I-864EZ if the statements in 1(a), 1(b ) and1(c ) are all true.

b. Check "Yes" if you are using only your own earned or retirement income that can be documented with an IRS Form W-2."

(added emphases mine)

Since you don't have W2's it seems pretty clear to me that you don't meet the requirements of 1(b ). So I guess you'll have to take a look at the regular I864, it's not that bad

[STL_HCMC 0]

Thanks riblet!

I was just wondering if the W2 portion of that was strict, or if the main emphasis for the 864EZ was geared towards petitioners that are using only their income, and not relying on income of any other dependent and/or co-sponsor; which is our situation exactly.

I read the statement too as you've emphasized it, but was just curious as to whether or not the fact that my current job, starting January 2, 2007, will be enough to satisfy this specific requirement, due to the fact that my income is now earned in the United States and reported on a IRS Form W2. We'll have the paystubs and the employer letter, and the current income is more than enough.

Appreciate your replies a lot. Thank you very much.

Happy Holidays!

STL_HCMC