Question about I-864 and Interview for Step-Daughter

[noesum 0]

Hello everyone,

Even though I only recently filed my I-130 petition, I have already filled out the AOS just to have it ready. However, I am a little worried because I only meet the poverty level requirement because of my assets. Will they see this as a bad thing because I have no substantial income coming in? Only the interest I receive on my assets, which isn't even enough to have to report on income taxes. Because of this, I haven't filed taxes since 2010, so for part 5 question 13 would I just leave it blank and submit the letters from the IRS for the 3 most recent tax years which state this? I have enough in assets to more than meet the guidelines for my husband and step-daughter, but wanted to know if they will see it as a major negative that I haven't filed since 2010.

I also wanted to know what kind of questions they would ask my step-daughter at the interview? She is 7 years old and my husband has full custody since her mother abandoned her as a baby... When I first met my husband and we became very good friends, his daughter began calling me "Tia" (Auntie) as a term of affection. It has stuck up until now and I honestly don't mind; I don't want to force her to call me mom or see me as her mom until or when she is ready. What I'm worried about is if at the interview they ask something like, "Do you want to go live with your dad and step-mother in the US?" and she will draw a blank because she only knows me as Tia. Would I get a chance to explain this to the consular officer or is she the only one allowed to answer the question? Maybe I'm worrying for nothing but I'm kind of nervous about this.

Any insight on this would be greatly appreciated.

[noesum 0]

Can someone please help me with any part of this? Please and thanks

[mpwhitebird 0]

Are you talking about form I-864? If so the current one does not have a question #13 on part 5.

Second, the three most recent years would be 2012, 2011, and 2010 and your reported income would be $0.00 since you did not report taxes for those years. You will need to include 3 letters explaining why you did not file a tax return for each of those years. I would also request a transcript for each of those years showing that no tax return was filed.

If you indeed have more than enough in assets to meet the guidelines than you are fine, no need for a joint sponsor. But if for any reason you do not feel comfortable then I would get a joint sponsor. Keep in mind it can be anybody you know that is willing to help. It doesn't need to be family but first look into direct family and branch out from there as it makes gathering the paperwork a lot easier.

I hope this helps have a great day

[noesum 0]

Are you talking about form I-864? If so the current one does not have a question #13 on part 5.

Second, the three most recent years would be 2012, 2011, and 2010 and your reported income would be $0.00 since you did not report taxes for those years. You will need to include 3 letters explaining why you did not file a tax return for each of those years. I would also request a transcript for each of those years showing that no tax return was filed.

If you indeed have more than enough in assets to meet the guidelines than you are fine, no need for a joint sponsor. But if for any reason you do not feel comfortable then I would get a joint sponsor. Keep in mind it can be anybody you know that is willing to help. It doesn't need to be family but first look into direct family and branch out from there as it makes gathering the paperwork a lot easier.

I hope this helps have a great day

Thank you for responding! Oops, I meant part 6 question 13: I have filed a Federal tax return for each of the 3 most recent tax years...should this then be left blank? Since I only just filed my I-130, I probably won't need to fill out the I-864 until wayyy later in the year, so the three most recent would be 2013, 2012, and 2011 by then. Since I'm only meeting the guidelines because of assets, I didn't know if they would see it as a bad thing that I basically have had no income since 2010... I go to school full time, but was wondering if maybe getting a part time job would help later on.

[mpwhitebird 0]

Yes, in your case leave it blank. Even after filing your return for the year 2013 you would still be lacking the a return for the year 2012 and 2011. A part time job would definitely help your case.