affidavit support

[Ian H. 207]

It doesn't matter if you didn't file taxes, because you were a dependent of your father. However, since you are petitioning a spouse, you still have to file an I-864 for yourself. Also I'm not sure how your father was able to claim you as a dependent if you are married.

He has to send that in as well as proof of current employment in the form of a letter/paystubs to prove the income is his and that the other members don't need an I-864A.

He sent the w2 for 2011 2012 but he forgot to send 2013 n the proof of employment if we send them now n not the I864A would they accept it

[Ian H. 207]

It really would help if you gave the whole story, so that we can get a better picture of your situation. Can you answer exactly who lives with you, how many, whether any are minors, and who is married and who has income? This would help give us a clearer picture of your household to better give you advice.

[bmcayan 0]

It doesn't matter if you didn't file taxes, because you were a dependent of your father. However, since you are petitioning a spouse, you still have to file an I-864 for yourself. Also I'm not sure how your father was able to claim you as a dependent if you are married.

Well its cuz i wasnt counted as married in this country. Thank you so much for the help i really appreciate it

[bmcayan 0]

It really would help if you gave the whole story, so that we can get a better picture of your situation. Can you answer exactly who lives with you, how many, whether any are minors, and who is married and who has income? This would help give us a clearer picture of your household to better give you advice.

Im sorry im new at these stuff n very stressed i have two siblings under age 21 my father has income my mother doesnt im married but hes not in this country i dont have income

[Ian H. 207]

It's ok, we'll help you figure it out.

Ok so let's break things down.

It's you, your parents, and your two siblings. Plus your spouse, that makes a household of 6. According to this year's poverty levels, your dad should be making at least $39,962 in order to qualify as a sponsor, he has to make this on his own since no one else in your household has income, including you.

It doesn't matter if he didn't make that amount last year, but does he make that amount currently?

Also how many I-864's did you fill out, one or two?

Did he send proof of current income? If so, what did he send as proof and from what date was it?

Did he send his tax returns or tax transcripts? If so for which years?

Did you send a letter explaining why you didn't file taxes for the previous 3 years?

Please answer the above questions to help you further. Thanks.

Im sorry im new at these stuff n very stressed i have two siblings under age 21 my father has income my mother doesnt im married but hes not in this country i dont have income

[bmcayan 0]

It's ok, we'll help you figure it out.

Ok so let's break things down.

It's you, your parents, and your two siblings. Plus your spouse, that makes a household of 6. According to this year's poverty levels, your dad should be making at least $39,962 in order to qualify as a sponsor, he has to make this on his own since no one else in your household has income, including you.

It doesn't matter if he didn't make that amount last year, but does he make that amount currently?

Also how many I-864's did you fill out, one or two?

Did he send proof of current income? If so, what did he send as proof and from what date was it?

Did he send his tax returns or tax transcripts? If so for which years?

Did you send a letter explaining why you didn't file taxes for the previous 3 years?

Please answer the above questions to help you further. Thanks.

He made $50,239 we sent one im filing the second one no he didnt send a pay stubs the ones were sending now is current he sent the tax returns n transcrips for yrs 2011 n 2012 not 2013 n i didnt kno i had to send a letter wrting that

It's ok, we'll help you figure it out.

Ok so let's break things down.

It's you, your parents, and your two siblings. Plus your spouse, that makes a household of 6. According to this year's poverty levels, your dad should be making at least $39,962 in order to qualify as a sponsor, he has to make this on his own since no one else in your household has income, including you.

It doesn't matter if he didn't make that amount last year, but does he make that amount currently?

Also how many I-864's did you fill out, one or two?

Did he send proof of current income? If so, what did he send as proof and from what date was it?

Did he send his tax returns or tax transcripts? If so for which years?

Did you send a letter explaining why you didn't file taxes for the previous 3 years?

Please answer the above questions to help you further. Thanks.

He made $50,239 we sent one im filing the second one no he didnt send a pay stubs the ones were sending now is current he sent the tax returns n transcrips for yrs 2011 n 2012 not 2013 n i didnt kno i had to send a letter wrting that

[Ian H. 207]

Ok $50k is over the poverty level, so as long as he is currently making that, he can be your sponsor.

You didn't send an I-864 or your father didn't send the I-864? Even though you didn't file taxes or work, you are still required to submit an I-864 because you are the petitioner. You would fill it out as unemployed with zero for the income, unless you have some other income that's not from work.

As part of your I-864, you have to write a simple letter, that states you didn't file taxes for such and such years because you didn't work for such and such years and that you were a dependent on your father's taxes.

If you submitted an I-864 already, make sure that you filled it out by including only you and your spouse for your household size, no one else. If you included your siblings part of your household size, then you would need to send a new I-864.

Could you tell me for whom the I-864 you sent was, for you or your dad? If it was for you, did you include only yourself and your wife?

He made $50,239 we sent one im filing the second one no he didnt send a pay stubs the ones were sending now is current he sent the tax returns n transcrips for yrs 2011 n 2012 not 2013 n i didnt kno i had to send a letter wrting that

[bmcayan 0]

Ok $50k is over the poverty level, so as long as he is currently making that, he can be your sponsor.

You didn't send an I-864 or your father didn't send the I-864? Even though you didn't file taxes or work, you are still required to submit an I-864 because you are the petitioner. You would fill it out as unemployed with zero for the income, unless you have some other income that's not from work.

As part of your I-864, you have to write a simple letter, that states you didn't file taxes for such and such years because you didn't work for such and such years and that you were a dependent on your father's taxes.

If you submitted an I-864 already, make sure that you filled it out by including only you and your spouse for your household size, no one else. If you included your siblings part of your household size, then you would need to send a new I-864.

Could you tell me for whom the I-864 you sent was, for you or your dad? If it was for you, did you include only yourself and your wife?

its for my husband n well other ppl told that since i disnt have income that my dad had to send it for us so we messed up the form real bad

[Ian H. 207]

Ok but was the I-864 that you sent for yourself or for your father?

its for my husband n well other ppl told that since i disnt have income that my dad had to send it for us so we messed up the form real bad

[bmcayan 0]

Ok but was the I-864 that you sent for yourself or for your father?

My father

[Ian H. 207]

Ok, got it. So if your father sent in the I-864, he has to submit proof of his current income. So that would be a letter of employment or the most recent paystubs (you can send the most recent stub, if it has the YTD amount).

If you can send both, even better, but it really can be one or the other since some employers take time to give an employment letter.

He also has to send the full tax return or transcript for 2013. He has to include a copy of his w2 or 1099's as well to prove his income for last year. All of this I mentioned proves your father's income so that they won't require an I-864A for anyone else.

As for the the I-864 that he filled out, did he list everyone in the appropriate boxes?

Meaning in part 5 of the form, no. 1 should be "1" for your spouse, no 3 should be "1" for your mom, no 4 should be "2" for your siblings, no 5 should be "1" for you if he claimed you as a dependent in 2013 otherwise it should be blank, no 6 should be empty unless your father has sponsored others before, no 7 should be blank, and no 8 should be "6", or "5" if he didn't claim you in 2013.

Do you still have a copy of his I-864, was the household size in part 5, filled out how I explained?

As for your I-864, you would only list yourself and your wife in part 5, so only enter "1" in no. 1, yourself is already there, and leave all the others blank, no 8. should be "2". You have to write the letter explaining why you didn't file taxes, as I mentioned earlier.

Again, make sure that your dad's I-864 was filled out how I explained and that you submit the docs I mentioned otherwise they will continue to ask for an I-864A and/or ask for more evidence.

If your dad's I-864 wasn't filled out how I explained, then he would have to submit a new one. It would have been much easier if you had done the I-864 for yourself and the I-864A for your dad.

If you discover that your dad's I-864 was improperly filled out, then you could do an I-864 for yourself and the I-864A for your dad along with the required evidence.

If it was properly filled out then you would just need your I-864 and the other docs that I mentioned that you didn't submit (ie 2013 taxes, letter of employment/paystubs, letter of not filing taxes, etc).

Edited August 11, 2014 by Ian H.

[bmcayan 0]

Ok, got it. So if your father sent in the I-864, he has to submit proof of his current income. So that would be a letter of employment or the most recent paystubs (you can send the most recent stub, if it has the YTD amount).

If you can send both, even better, but it really can be one or the other since some employers take time to give an employment letter.

He also has to send the full tax return or transcript for 2013. He has to include a copy of his w2 or 1099's as well to prove his income for last year. All of this I mentioned proves your father's income so that they won't require an I-864A for anyone else.

As for the the I-864 that he filled out, did he list everyone in the appropriate boxes?

Meaning in part 5 of the form, no. 1 should be "1" for your spouse, no 3 should be "1" for your mom, no 4 should be "2" for your siblings, no 5 should be "1" for you if he claimed you as a dependent in 2013 otherwise it should be blank, no 6 should be empty unless your father has sponsored others before, no 7 should be blank, and no 8 should be "6", or "5" if he didn't claim you in 2013.

Do you still have a copy of his I-864, was the household size in part 5, filled out how I explained?

As for your I-864, you would only list yourself and your wife in part 5, so only enter "1" in no. 1, yourself is already there, and leave all the others blank, no 8. should be "2". You have to write the letter explaining why you didn't file taxes, as I mentioned earlier.

Again, make sure that your dad's I-864 was filled out how I explained and that you submit the docs I mentioned otherwise they will continue to ask for an I-864A and/or ask for more evidence.

If your dad's I-864 wasn't filled out how I explained, then he would have to submit a new one. It would have been much easier if you had done the I-864 for yourself and the I-864A for your dad.

If you discover that your dad's I-864 was improperly filled out, then you could do an I-864 for yourself and the I-864A for your dad along with the required evidence.

If it was properly filled out then you would just need your I-864 and the other docs that I mentioned that you didn't submit (ie 2013 taxes, letter of employment/paystubs, letter of not filing taxes, etc).

ok thank you so much i rlly rlly appreciat the time you spent to help me out again THANK YOU SO MUCH!!!!!!!!

[Ian H. 207]

You're welcome! I told you we would figure things out.

ok thank you so much i rlly rlly appreciat the time you spent to help me out again THANK YOU SO MUCH!!!!!!!!

[Ian H. 207]

Also, if you didn't already send it, you need to include proof of your dad's citizenship, or LPR status as part of his I-864.

[KayDeeCee 4,893]

Im sorry im new at these stuff n very stressed i have two siblings under age 21 my father has income my mother doesnt im married but hes not in this country i dont have income

He made $50,239 we sent one im filing the second one no he didnt send a pay stubs the ones were sending now is current he sent the tax returns n transcrips for yrs 2011 n 2012 not 2013 n i didnt kno i had to send a letter wrting that

You = I-864. Your household count will only be 2, yourself and your husband, the intending immigrant. You put that you are unemployed and have zero income. Provide a statement as to why you were not legally required to file, being that you had no income. On your I-864 #13a - c, hand-write in, 'Not required to file. Income too low.' instead of leaving them blank. Or you can just hand-write in, 'Did not file. See attachment.' Your attachment is the statement about not having any income and not having to legally file taxes.

Your father = His own I-864 (you have no income for him to combine with as a household member anyway). His household count will be himself, his wife, his 3 dependent children(you plus your 2 siblings), and your husband, the intending immigrant, for a total of 6. He needs the Total Income from 2011, 2012, and 2013 listed on his I-864 #13a. - c. He needs to submit his tax return transcript from 2013, which he can get for free from the IRS > http://www.irs.gov/Individuals/Get-Transcript , proof of his current annual income with a letter from his employer and/or recent pay stubs, and proof that he is a US citizen or lawful permanent resident.

Your mother = I-864A to go along with your father's I-864. She has no income, but they tend to ask for the I-864A from the spouse anyway when they file taxes jointly.

If your parents do not provide an IRS transcript, then they need to include a complete copy of their tax return with all forms, schedules, attachments, W-2s and/or 1099s.