I-864

[chiangmaigirl 0]

Hi all I am new on here. It's so great to have this site I am now having problem about I-864 affidavit of support as my husband (usc) didn't meet the poverty line only the 2004 year he only make $9,900 because he was with me here in Thailand. We have no one to become a joint sponsor so my question is can my husband use his 2005 tax return for the recent year (even it is not actually required until after 4/15/06)for the affidavit of support because he make over the poverty line?? Also if we can use the 2005 tax year mean we don't need to have a joint sponsor even the 2004 he didn't make over the poverty line?? I really need some advise.

Thank you for sharing your opinion.

[Fischkoepfin 1]

First, .

Then, the answer to you question depends on where you are in the process. You actually need to submit your 2005-tax return if your petition goes through the NVC and to the embassy after April 15. If the consulate in Thailand accepts the 2005-return before that depends on the Consular officer (CO) interviewing you. That said, the CO will also determine whether you need a co-sponsor or not. While most of the time, the last tax year would be most relevant in this decision, this is not always the case.

Looking for a co-sponsor probably won't hurt, even if you don't need one in the end.

[aussiewench 9]

For staters does your embassy require a I-864 or the I-134? The I-134 is for non-immigrant visa's such as the K-3 but some require that the I-864 is used.

[aussiewench 9]

First, You actually need to submit your 2005-tax return if your petition goes through the NVC and to the embassy after April 15.

Is this documented somewhere as my interview will more then likely be before this date and all that I have been reading on various sites has led us to believe we can submit 2005

Edited January 31, 2006 by aussiewench

[chiangmaigirl 0]

First, .

Then, the answer to you question depends on where you are in the process. You actually need to submit your 2005-tax return if your petition goes through the NVC and to the embassy after April 15. If the consulate in Thailand accepts the 2005-return before that depends on the Consular officer (CO) interviewing you. That said, the CO will also determine whether you need a co-sponsor or not. While most of the time, the last tax year would be most relevant in this decision, this is not always the case.

Looking for a co-sponsor probably won't hurt, even if you don't need one in the end.

Thanks Fischkoepfin and aussiewench. First of all I am sorry as I am not so good in english but yes I have an interview coming up on March 9, for k3 visa may be I should send email to ask the embassy in thailand if my husband can use his 2005 tax for the recet tax year (my husband been working for the postal service almost 20 years now he only have the problem with 2004 tax year as he was off work to be with me and my new born baby but he has steady income)

Yes, aussiewench I have asked a friend of mine she can use the I-864 instead of I-134 she said no problem.

[aussiewench 9]

It is my understanding that 15 April is the deadline to file. If one has filed well before this then IMO 2005 can be used for the I-864. It is required to send the past 3 years and 2005 is the past year providing you have filed and have complete federal tax returns with all supporting schedules and w-2's.

Edited January 31, 2006 by aussiewench

[chiangmaigirl 0]

First, .

Then, the answer to you question depends on where you are in the process. You actually need to submit your 2005-tax return if your petition goes through the NVC and to the embassy after April 15. If the consulate in Thailand accepts the 2005-return before that depends on the Consular officer (CO) interviewing you. That said, the CO will also determine whether you need a co-sponsor or not. While most of the time, the last tax year would be most relevant in this decision, this is not always the case.

Looking for a co-sponsor probably won't hurt, even if you don't need one in the end.

How can I post my timeline?? Thank you.

[Fischkoepfin 1]

First, You actually need to submit your 2005-tax return if your petition goes through the NVC and to the embassy after April 15.

Is this documented somewhere as my interview will more then likely be before this date and all that I have been reading on various sites has led us to believe we can submit 2005

Not sure if it is possible, but I've read on the DOS-website that they will not require it before that date. I'm worried about that and hope my interview is before April 15 because I have been filing our taxes forever now, and I don't want to burden my husband with it.

I've read though that the most important thing is your current income because it is more an indicator of your sponsor's ability to support you than previous tax years.

USCIS has actually changed the rules for the I-864 so that only the last year is required, but I'm not sure if this applies to the consulates who seem to be doing their own thing anyway.

Sorry to spread confusion...

[aussiewench 9]

chiangmaigirl

US Embassy Bangkok

Above is a link which is stating that you should receive the I-134 in your package 3. Have you received your package?

Not sure if it is possible, but I've read on the DOS-website that they will not require it before that date. I'm worried about that and hope my interview is before April 15 because I have been filing our taxes forever now, and I don't want to burden my husband with it.

I've read though that the most important thing is your current income because it is more an indicator of your sponsor's ability to support you than previous tax years.

USCIS has actually changed the rules for the I-864 so that only the last year is required, but I'm not sure if this applies to the consulates who seem to be doing their own thing anyway.

Sorry to spread confusion...

I feel that whilst they don't require it doesn't exactly mean they wont accept it. As I said, the 15 April is deadline for filing, after that date you must submit 2005. In other words, one can if they have it prior....and one must if they file after 15 April.

I agree that current income is looked on as more important in most cases. But they do look at other factors too.

The changes to I-864 that you mention, only apply to Adjustment of Status in the US.

Edited February 20, 2006 by aussiewench

[meddykomp 0]

First, You actually need to submit your 2005-tax return if your petition goes through the NVC and to the embassy after April 15.

Is this documented somewhere as my interview will more then likely be before this date and all that I have been reading on various sites has led us to believe we can submit 2005

According to our caseworker, I can use my 2005 as soon as I have filed my return. They do not require 2005 until April from my understanding, but they in general actually like the most up to date information.

[aussiewench 9]

chiangmaigirl

Here is the link again that messed up in my last post

US Embassy Thailand

[chiangmaigirl 0]

chiangmaigirl

Here is the link again that messed up in my last post

US Embassy Thailand

Thank you aussiewench. Yes I got the package 3 from Bangkok embassy but one more think that I still confusing is if we use his mother for a co-sponsor but her income only 27,000 which is not meet the poverty line?? But in the instruction on I-134 they didn't fix the income like I-864 so I wonder if his mother can become his co-sponsor regarding for I-134. Any advice will be very appreciated.

[aussiewench 9]

Thank you aussiewench. Yes I got the package 3 from Bangkok embassy but one more think that I still confusing is if we use his mother for a co-sponsor but her income only 27,000 which is not meet the poverty line?? But in the instruction on I-134 they didn't fix the income like I-864 so I wonder if his mother can become his co-sponsor regarding for I-134. Any advice will be very appreciated.

How are you calculating that the 27,000 does not meet the 125% of the poverty guidelines?

What AOS form did you receive in the package, I-864 or I-134?

[chiangmaigirl 0]

Thank you aussiewench. Yes I got the package 3 from Bangkok embassy but one more think that I still confusing is if we use his mother for a co-sponsor but her income only 27,000 which is not meet the poverty line?? But in the instruction on I-134 they didn't fix the income like I-864 so I wonder if his mother can become his co-sponsor regarding for I-134. Any advice will be very appreciated.

How are you calculating that the 27,000 does not meet the 125% of the poverty guidelines?

What AOS form did you receive in the package, I-864 or I-134?

Oh aussiewench! I have got I-134 form from the embassy and I include her house hold size including me is 6 that's why I thought she not meet the poverty line...so if I submitt I-134 her household size only 2 (me and her) am I right?? Thank you so much!

[Euro 3]

First, You actually need to submit your 2005-tax return if your petition goes through the NVC and to the embassy after April 15.

Is this documented somewhere as my interview will more then likely be before this date and all that I have been reading on various sites has led us to believe we can submit 2005

When i had my K3 interview, the guy at the embassy in London said it would be best to bring tax returns for 2005!!.for my CR1 interview

Edited January 31, 2006 by euro