please need help

[dave30 0]

please i need someone to help me with this, am on b2 tourist visa and we are about to file for my aos please my wife only have her 2011 and 2013 w2 tax but she dont have the one of 2012 cos she does not work that year please if we have her friend as co sponsor is that ok for us to file for the aos with no worries please i will appreciate if someone can help me with this. thanks.

[Cathi 5,794]

so you came on a tourist visa with no intent to adjust status? Is her income enough now to meet the income requirements?

Edited April 5, 2014 by mimolicious

[KayDeeCee 4,896]

If her current annual income meets the requirement, then you do not need a joint sponsor just because she did not file one out of the last 3 years. She needs to include a statement as to why she was not legally required to file that year. Read about it in the I-864 form instructions.

[dave30 0]

i did not come on intention to stay everything happens just surprise for both of us i never wish to come here to stay.she makes 23,000 plus for 2011 and last year she makes 25,000 so i dont know if the both year will be enough or we should just get her friend as co sponsor instead of getting an rfe on that. please any advice from anyone about this.

[Avery Cates 1,141]

i did not come on intention to stay

Happens all the time.

[HollyGolightly 72]

Check the poverty guidelines to see if your wife's income meet the prerequisite amount for I864.

http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

You will not need a cosponsor provided your wife's current income meets the 125% over the poverty guidelines. If this is not the case, then you will need a cosponsor who meets the federal poverty guideline for his household size without combining his resources with the petitioner-sponsor or other joint sponsors.

With respect to your wife's failure to file taxes in 2012, she can write a letter explaining why she did not file her taxes for that year (ex. no job, or earned below $1,500 within the tax period) with appropriate justifications and include that with your AOS packet.

Good luck.

Edited April 5, 2014 by HollyGolightly

[dave30 0]

thanks so much for your contributions