I-864 Help (yes Paris does require it *sigh*)

[RosaMystica7 0]

My fiance's checklist with his packet 3 does say I-864, and it's circled. I filled out the I-134 anyway so he can bring both completed forms to his interview and ask which one they want (I've read one Paris interview story from last month where they took the I-134 even though the checklist stated I-864), that form was a breeze. I have questions about the I-864 though.

- The most recent year's tax return is required. Is that considered to be 2005 or 2006? I only have 1 of the 3 W2s I need to file my 2006 tax return... so I don't think I'll be able to tackle that before his interview. I'd rather not delay the interview for something that's not absolutely necessary - we've been apart for 13 months, that's enough! But of course, if it's necessary, we'll hold off on sending back the required forms to the embassy til I've gotten all 3 of my W2s.

In 2005 I didn't file a tax return because my W2 showed, like, $90 for the year. Of course I can't find that W2, my parents and I have torn through the whole house. Should I call that employer and see if they can send me another copy of that W2? Or should I just write a letter explaining that I only had ~$90 income in 2005 and $0 income in 2004 as I was a full-time student/missionary so that's why I didn't file? I've got tax returns from the $150 I made in 2003 though (I graduated high school in 2003, to put it in perspective).

Of course, that 2006 tax return would finally show some work history. I was employed for a month over the summer, that's the W2 I currently have. I've been employed since the end of October in a full-time job that makes well over the poverty guideline. I've also been self-employed online part time at CafePress.com, I've made like $400 from that since September... speaking of which... because I'm filing tax returns for that $400 I made online, do I have to include it on my I-134/I-864 as self-employment, even though I haven't made enough from it for it to be considered a substantial amount when considering my income compared to the poverty guidelines?

My thing is... if they take the I-864, how on earth do I prove myself to be a worthy sponsor? Even my 2006 tax return won't show over the poverty guidelines because I just started my full-time job in October. I have a friend who's volunteered to be our co-sponsor should they deny me as the sponsor, but she's only filling out the I-134 - the I-864 is too scary. So if they take the I-864 and decide they don't like me as the sponsor we're screwed. I have a spare letter from my employer, and tons of paystubs, but it doesn't ask for that anywhere in the I-864 instructions. It seems to only want the tax returns... and the tax returns are my weak point. But I do earn well over 125% of the poverty guideline for our household size now, and have for nearly 3 months...

Yes I know I need to stop worrying. One more thing though...

- The I-864 is supposed to be notarized, isn't it? There's no place for the notary to do anything, so I guess it's only the I-134 that needs to be notarized... but I thought it was both.

Edited January 14, 2007 by Angilla

[Thingee 0]

I had similiar questions about whether it would be best to file for 2006 at this point as well. SO hasn't gotten the packet 3 yet, but it's a matter of days. I wonder where the cut off would be. Meaning do they stop taking 2005 in March? Febuary? Hmmmm.

[CutienPurg 0]

It was suggested by another member and I think it makes the most sense ,that since it is not required by US law that taxes be filed before the April deadline, then the most recent income tax form/transcript would be the most recent legally required year for filing. I would think that if it is possible and your 2006 taxes would show the most accurate information regarding your ability as a sponsor , then you might try really hard to have that available.

Current income is what is supposed to hold the most evidentiary weight. You need a joint sponsor who is willing to use form I-864. If your consulate will not accept the I-134 from you then they will not accept it from a joint sponsor.

The I-864 is not required to be notorized.

Good Luck

[RosaMystica7 0]

It was suggested by another member and I think it makes the most sense ,that since it is not required by US law that taxes be filed before the April deadline, then the most recent income tax form/transcript would be the most recent legally required year for filing. I would think that if it is possible and your 2006 taxes would show the most accurate information regarding your ability as a sponsor , then you might try really hard to have that available. Current income is what is supposed to hold the most evidentiary weight.

I'm going to ask my boss about the W2 tomorrow, but I'm not sure if she'll be able to get it to me for me to file in a reasonable amount of time. My 2006 taxes will show an income of about 3 months - not really showing much on my ability as a sponsor. Do you think it's significant enough for us to delay sending back the forms so we'll be apart for 15 months instead of 14, or will the fact that I'm making over the poverty guidelines be enough? Good point about the April deadline, I didn't think of that. So in essence the tax year ends in April - and by the form saying I'm required to submit my tax return from the most recent tax year that means 2006 if I have it but 2005 should be fine if I don't. I hope. I'm just not sure what difference my 2006 tax return would make in my favor though, since it'll only show 3 months of income anyway.

You need a joint sponsor who is willing to use form I-864. If your consulate will not accept the I-134 from you then they will not accept it from a joint sponsor.

My consulate is a bit confused at the moment. They appear to be requesting the I-864 and taking the I-134. There's not enough people on VJ who have gone through Paris for a K1 for me to put together an educated guess of what they'll take when my fiance goes. If they take the I-864 and require a co-sponsor we're screwed because nobody I know will sign the I-864 because of all the scary terms in it. It's a miracle someone even offered to sign the I-134, after half a year of everyone we both knew saying no. So... the I-134 is all we've got co-sponsor wise. Hopefully, because I've been making sufficient income over the last 3 months, they won't require a co-sponsor... and if they do, hopefully they'll take the I-134 like they have in the past. I know, a lot of hopefully's... I'm not a very happy camper right now.

The immigration lawyer I spoke with said I'd be fine as long as I held my job from the filing of the petition til the interview. But I was looking at the I-134 then, I didn't expect all this emphasis on tax returns... There's something to be afraid of failing at every point in this process, isn't there?

The I-864 is not required to be notorized.

Thank you.

[bostonparis 0]

I said this in my PM to you, too, Angilla, but I think your letter from your employer stating your annual salary will also help. Because even though you've only been at your job for 3 months, you were a student before, and now your annual salary is well above the 125% poverty line.

I do understand your fear - and you're right, at every step there's something new to worry about. Chin up, as my mama used to say. You'll get through it.

[RosaMystica7 0]

Yeah... I had my employer sign 3 copies of the letter, so I'll put one with the I-134, one with the I-864, and keep the 3rd in case something happens to the first 2. I'll put my paystubs into a packet and tell my fiance to pair them up with whichever affidavit they ask for at his interview. I'll write that letter explaining that I was a student and missionary, but I'm not anymore and am now employed full-time making x amount per year.

But leave it to me to imagine the worst and worry about something I can't change. I'm just worried they're going to take the I-864 and then deny me as a sponsor and nobody will be willing to be our co-sponsor using that insane form and... the end.

Yeah, chin up, I'm trying.

[bostonparis 0]

Yeah... I had my employer sign 3 copies of the letter, so I'll put one with the I-134, one with the I-864, and keep the 3rd in case something happens to the first 2. I'll put my paystubs into a packet and tell my fiance to pair them up with whichever affidavit they ask for at his interview. I'll write that letter explaining that I was a student and missionary, but I'm not anymore and am now employed full-time making x amount per year.

But leave it to me to imagine the worst and worry about something I can't change. I'm just worried they're going to take the I-864 and then deny me as a sponsor and nobody will be willing to be our co-sponsor using that insane form and... the end.

Yeah, chin up, I'm trying.

And I would put that employer letter right up front, on top of both I-134 and I-864 packets, so it's the very first thing they see.