Form I 864

[jj80 0]

Hello! So I am filing this out on behalf of my husband who is in England and I am in America. The thing is, I just moved back to America a month ago and I am trying to get a teaching job for the next school year starting in August. I am substitute teaching at the moment. Is it best to wait on this visa until I find a teaching job? I don't think substitute teaching will cover the poverty guidelines. Also, I won't start teaching till August but I have a temp summer job. Shall we use my mom or dad as a sponsor? What does that entail? Thanks!!!

[aleful 1,905]

hi

you are the sponsor, you will file an i864 regardless, but you can use one or both parents as joint sponsors

[bkghosh 121]

Hello! So I am filing this out on behalf of my husband who is in England and I am in America. The thing is, I just moved back to America a month ago and I am trying to get a teaching job for the next school year starting in August. I am substitute teaching at the moment. Is it best to wait on this visa until I find a teaching job? I don't think substitute teaching will cover the poverty guidelines. Also, I won't start teaching till August but I have a temp summer job. Shall we use my mom or dad as a sponsor? What does that entail? Thanks!!!

The question of financial support will come up when your approved visa petition reaches the National Visa Center (NVC). That could be 6 mo to a year (or more) after you send in your I-130. I am sure you will find a job by then. So by all means send in your I-130 as soon as possible. When the approved petition reaches NVC, you being the main sponsor will file a I-864 and a joint-sponsor (a family member, friend etc. who must be a USC) will file a I-864.

[jj80 0]

Silly me...I forgot the mention the background! We are going through the London embassy since I am a dual citizen of uk and us. We actually just got approval for the petition and he was sent the information he needs before the interview. That's why it's all kind of got confusing for me all of a sudden! :/

[jj80 0]

Another thing....so if my mom becomes the sponsor, do I ( the wife) need to fill out a form i864 as well? And a parent can be a sponsor right?

[Nich-Nick 3,354]

Silly me...I forgot the mention the background! We are going through the London embassy since I am a dual citizen of uk and us. We actually just got approval for the petition and he was sent the information he needs before the interview. That's why it's all kind of got confusing for me all of a sudden! :/

Read the instructions (separate document from the form) carefully. It has some details not to miss.

You: must be the primary sponsor by filling out an I-864, and providing the 2013 tax return (or transcript) and any proof of job/income...even if it 's not enough to qualify. Hope you are aware that you still have a US tax filing obligation, even when working in England.

Parent: (pick the one who makes enough to qualify) may be a joint sponsor. Parent also fills out an I 864, provides 2013 tax return (or transcript), any other proof of his or her separate income, AND proof he/she is a US CITIZEN. (Look on page 4 of the instructions and read #5)

This person's proof of income (like an employer letter for example) is important because they need to clearly show their own separate income. The tax return that is required will lump Mom and Dad together with no indication of who makes what. So provide something that shows the sponsors own income qualifies. If Mom makes enough on her own and can CLEARLY document it, then she does not have to list Dad under "family member's income".

If she lists Dad and his income in that section, then Dad has to fill out an I-864A. Read the instructions for that form and documentation required if she includes a family member.

Edited May 4, 2014 by Nich-Nick

[jj80 0]

Thanks for the info! My parents are separated so I am going through my mom only. So again, if she is the primary sponsor, I don't need to fill

Out that form as well? Will my husband be able to explain our situation at the interview? ( how I just moved back to the states last month and I am substitute teaching but looking for a job starting in August) thanks again!

[jj80 0]

Sorry I just re read..so I am the primary sponsor then no matter what? And I have lived in England from 2009-2013 and then lived in america for 6 months and then moved back to England and left again in March of this year. So I would need a tax return then?

[Nich-Nick 3,354]

Sorry I just re read..so I am the primary sponsor then no matter what? And I have lived in England from 2009-2013 and then lived in america for 6 months and then moved back to England and left again in March of this year. So I would need a tax return then?

Have you read the instructions yet?

"Part 1. Basis for Filing Affidavit of Support.

1.a. Check Item Number "1.a." if you are the petitioner who is filing or who has already filed a Form I-129F for a fiancé (e), Form I-130 for a family member, or Form I-600 or Form I-600A for an orphan. If you are the petitioner, you must sponsor each intending immigrant."

You are the petitioner who filed the I-130. You must sponsor. If you don't have enough money then you may have Mom as a joint sponsor. They won't punish you for using a joint sponsor. Yes, he will present all the forms at the interview and can discuss them with a living human.

From the IRS--

"U.S. Citizens and Resident Aliens Abroad - Filing Requirements

If you are a U.S. citizen or resident alien living or traveling outside the United States, you generally are required to file income tax returns, estate tax returns, and gift tax returns and pay estimated tax in the same way as those residing in the United States. Your income, filing status, and age generally determine whether you must file a return. Generally, you must file a return if your gross income from worldwide sources is at least the amount shown for your filing status in the Filing Requirements table in Chapter 1 of Publication 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad."

Did you work in England? If yes, then you probably needed to file a return. If you did not work, it would be the same as somebody who didn't work in the US....no income, then no income tax return.

Edited May 5, 2014 by Nich-Nick

[jj80 0]

Oh wow! Thanks so much for that! Can I file a tax return any time during the year? So that was something I should have been doing eh? Sorry for all these questions!!