I-864 Question

[nothas88 0]

Hello all,

I am a U.S. citizen and my husband (we were married about a year ago) is not, so we're now going through the AOS process. I filed an I-130 and it was approved. Then we submitted his I-485 petition, including the EAD, I-864 etc.

I filled in the I-864 as the financial sponsor for my husband. Currently, I work two jobs and figured I make more than enough for a household size of 2 (myself and intending immigrant).

Well, we received a notice that we are missing certain documentation such as: all supporting tax documentation sent to the IRS for the most recent tax year as well as notification that I did not make enough to sponsor via the I-864 poverty guidelines.

Basically, I need help deciding what to do next as I don't want to waste any more time with missing documentation and paperwork being filled out incorrectly.

I'm wondering why I need to provide more evidence for my tax info if my affidavit of support was denied anyway. Do I still send this information in?

Also, my parents (both U.S. citizens) currently live in the same residence as my husband and me, and they are willing to file as co? or joint? (what's the difference?) sponsors.

My question is what forms do they need to fill out? Especially since they both earn a separate income, but file taxes together. I'm told that's what the I-864a is for, but do I need to have just one or both of their information on there? Also, should I fill in a new I-864 with them now included? This doubles the household size, but also the income and assets.

Any advice or guidance with this matter would be greatly appreciated!

[teeak 224]

The reason why they are requesting more tax info for you is because, you as the petitioner will always need to fill out an I-864.

Now, household size in this case is technically people listed on your tax returns.

You should have your father file a separate I-864, making him a joint sponsor. Then, your mother can include an I-864A and will become a co-sponsor on your father's I-864. If there are any dependents on their tax return, you'll need to include them in their household size. Use the poverty guidelines to check to see if their combined income is enough to sponsor your husband. http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

You should include your I-864 form with supporting documents, your father's I-864 with supporting documents and your mother's I-864A with supporting documents.

Edited August 26, 2015 by teeak

[nothas88 0]

Thanks for the quick reply! This certainly clears up a few things.

[KayDeeCee 4,893]

If you do not include the required documentation, such as complete tax return/IRS transcript or proof of current income, then the RFE will always state there is insufficient evidence and that it appears the sponsor does not meet the 125% income requirement.

If you meet the requirement, then provide your complete return with all forms, schedules, W-2s and/or 1099s, OR an IRS transcript. Also list the total annual income as the combined yearly amounts from both jobs. Provide proof of income from both jobs with letters from employers and recent pay stubs from both.

If you still want to use a joint sponsor, then you can. Your joint sponsor fills out an I-864 and if they need the spouse's income to meet the requirement, then the spouse can fill out an I-864A to go along with the joint sponsor's I-864 as a qualifying household member. They are not a co-sponsor of anything. Their incomes will be combined on the joint sponsor's I-864 in order to meet the income requirement for joint sponsorship. Read through the I-864 and I-864A instructions, if you decide to go that route.

I have a question about filling out the 864. On the "individual annual income" I don't know what ot put. I am a substitute part-time. I make 95/day but I don't make a specific ammount annually because of summer and Christmas holidays... so what do I put? An estimated amount?

Your question would have been best asked in your own separate post in the appropriate forum for your immigration process, which appears to be a spousal visa.

Anyway, total up how much you earn in a year's time span. That would be your annual income amount. So $95 a day times how many days in a year you actually work. If you meet the requirement, then list that amount and provide proof of your income with a letter from employer and recent pay stubs.

If you do not meet the 125% requirement, then you will need to find a joint sponsor.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

[Chejemmie 7]

Hello, I am currently on F1 and received my I130 approval from being married to a permanent resident. I am in the process of AOS but have questions about the affidavit of support. My husband and I filed jointly for 2014. We will use both income on the application. Up to last month he had one job and would not have met the poverty guideline to support me. Now he has 2 jobs which would more than meet the guidelines. Still, we plan to submit my income along with his from both jobs. We requested job letters from both jobs and mine. Because the year is almost over, would an annual salary from the new job count? Or will USCIS only look at the tax from 2014 and the job he held longer?