Please help with filling Affidavit of support

[Mike Greene 1]

. I am currently about to file my I-485 package and I am having a problem with my wife's affidavit of support. I am the intending immigrant and I married my wife on March of last year. I-130 approved. I am an overstay. I have been paying taxes using an ITIN# since 2004. Well, I know I cannot be included on my wife's annual income because I did not work with authorization. We filed taxes jointly for 2013 and I have all my tax return since I begun in 2004. I would like to know how to go about filling out the affidavit of support. Her income is enough to reach or pass the poverty line and I am not intending to hide anything from USCIS. I just know they will probably delay my adjustment if I don't get this right. I would like to know how to fill in her income without myself included( although they will see we filed jointly) because the affidavit of support is a contract between the USC and the government. Please help me. I have a job letter to include but I'm afraid that my income without work authorization will be a problem. Her income was $30,000.00 and mine was $27,000.00. combined $57000.00 as shown on 2013 tax return. Can anyone help please? Thank you.

[aussie_jason 195]

The I-864 is for the sponsor to fill out and for the primary sponsor that is the petitioner so your income does not need to be included, if however she didn't make enough and you were working legally in a position that would continue after the green card then you could also include your income but in this case there is no need.

Filing MFJ for the most recent tax year complicates things a little but I would just include the transcript (or return + W2 if you haven't got the transcript yet) and only list her income on the I-864. Your working without authorization will be forgiven as long as you didn't impersonate a US citizen but it sounds like you just somehow flew under the radar so you should be fine.

[Mike Greene 1]

The I-864 is for the sponsor to fill out and for the primary sponsor that is the petitioner so your income does not need to be included, if however she didn't make enough and you were working legally in a position that would continue after the green card then you could also include your income but in this case there is no need.

Filing MFJ for the most recent tax year complicates things a little but I would just include the transcript (or return + W2 if you haven't got the transcript yet) and only list her income on the I-864. Your working without authorization will be forgiven as long as you didn't impersonate a US citizen but it sounds like you just somehow flew under the radar so you should be fine.

Thank you Aussie_jason. I didn't impersonate a US citizen. Applied for an ITIN# and IRS sent me one. Have been paying taxes and filing returns with no problem. You're saying to just leave my income part off her affidavit of support. USCIS will see me on the tax copies anyway. Got it. Thanks again.

[aleful 1,905]

hi

you don't include anything of yours, she needs to put her individual income and send in copies of the W2 which show what she earned

[Mike Greene 1]

hi

you don't include anything of yours, she needs to put her individual income and send in copies of the W2 which show what she earned

Understood. The only document copy that would have my name on it would be the 2013 tax return, no problem. Thank you!

[KayDeeCee 4,893]

Don't just send her W-2 alone though. You need to send a complete copy of the most recent taxes with all forms, schedules and W-2s, or an IRS tax transcript and a copy of her W-2 to show her individual income.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

[Mike Greene 1]

Don't just send her W-2 alone though. You need to send a complete copy of the most recent taxes with all forms, schedules and W-2s, or an IRS tax transcript and a copy of her W-2 to show her individual income.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

Will do and thank you. I had her redo the affidavit and only use her income. Although we filed jointly this recent tax year 2013, Only using her income on the affidavit I included my W2 for 2013 ONLY and hers for 2013,2012 and 2011. along with her tax returns for 2012 and 2011. hope that makes sense.

[aussie_jason 195]

Don't include your W2 though as you aren't listing your income on the I-864.

[KayDeeCee 4,893]

She needs a copy of her most recent tax transcript. That is 2013, even if filed jointly. You do not need to include your W-2, just her. You cannot skip providing the most recent tax return. It is required with the I-864.

[Mike Greene 1]

She needs a copy of her most recent tax transcript. That is 2013, even if filed jointly. You do not need to include your W-2, just her. You cannot skip providing the most recent tax return. It is required with the I-864.

Ok I will pull my W2 from the envelope. Should I at least attach a copy of my ITIN card showing that the number I used to file taxes with her isn't a SSN? It shows on the Tax return anyway, so I don't think it would hurt anything. I appreciate your advise BTW, I just don't want to get this wrong and delay processing. Thank you.

Don't include your W2 though as you aren't listing your income on the I-864.

Ok I won't. Thank you!

[KayDeeCee 4,893]

Ok I will pull my W2 from the envelope. Should I at least attach a copy of my ITIN card showing that the number I used to file taxes with her isn't a SSN? It shows on the Tax return anyway, so I don't think it would hurt anything. I appreciate your advise BTW, I just don't want to get this wrong and delay processing. Thank you.

Ok I won't. Thank you!

No need to include your ITIN card with the affidavit of support. All you need to include is the 2013 IRS transcript along with her 2013 W-2, and a letter from her employer and/or most recent pay stubs from her to prove her current annual income meets the 125% requirement for your household size. The affidavit of support is all about her and her income as your sponsor. Leave off everything about your employment and no documents about you need to be sent. The only place you will appear is on Part 2 of the I-864(info about immigrant), and the 2013 tax transcript from your joint filing. http://www.irs.gov/Individuals/Get-Transcript

[Mike Greene 1]

No need to include your ITIN card with the affidavit of support. All you need to include is the 2013 IRS transcript along with her 2013 W-2, and a letter from her employer and/or most recent pay stubs from her to prove her current annual income meets the 125% requirement for your household size. The affidavit of support is all about her and her income as your sponsor. Leave off everything about your employment and no documents about you need to be sent. The only place you will appear is on Part 2 of the I-864(info about immigrant), and the 2013 tax transcript from your joint filing. http://www.irs.gov/Individuals/Get-Transcript

Thank you Jay-Kay, I will follow your advice and thank you for taking the time to help me out. Greatly Appreciated.

[KayDeeCee 4,893]

Thank you Jay-Kay, I will follow your advice and thank you for taking the time to help me out. Greatly Appreciated.

You are welcome. I hope it all works out for you without any problems. Good luck!

[Mike Greene 1]

You are welcome. I hope it all works out for you without any problems. Good luck!

Just wanted to say thanks for all your help. Paperwork accepted. Now waiting for biometrics appointment.

Don't include your W2 though as you aren't listing your income on the I-864.

Just wanted to say thanks for all your help. Paperwork accepted. Now waiting for biometrics appointment.