Couple questions about AOS affidavit (I-864)

[chaoticlogic 27]

Hey everyone!

So, after finally finishing the K1 process and getting married, we're ready to file the AOS and other documents. Straight to the point.

My mother is going to be our joint sponsor. I currently have no income.

1. With my mother being a joint sponsor, what is considered valid evidence of her being a US national that we have to include in the packet?

2. On part 5, how will I fill it out? I am sponsoring 1 person, 1 for NOT sponsoring my self, BUT what about 5.3? The person I am sponsoring IS my spouse, so I have no idea. Also, how would my mother fill this part out.

3. I only have one tax return and W2 to send in (2014) (my mother is doing the last three). How would I fill out 18.a and all of 19? 18.a asks if I have filed for all of the last three tax years, which I haven't, but it seems weird to put no. And 19 asks for info for the last three. For the second and third, would I just put n/a?

Thanks so much everyone.

[teeak 224]

1. US birth certificate, US passport or front/back copy of green card

2. 0 for the spouse -- written in the I864 instructions

If your father is included in your mother's tax returns, she'll need to put 1 for spouse. Otherwise, it's 0.

If she has any other dependents on the tax returns, she'll need to list them.

3. Just put no, and write "N/A" for 19. You'll need to attach a written explanation as to why you didn't file taxes for 2012-2013.

[KayDeeCee 4,896]

1.) The I-864 instructions(page 5-6) tell you what documents are acceptable >

Citizenship or Residency. You must provide proof that you are a U.S. citizen, U.S. national,
or lawful permanent resident for joint and substitute sponsors and for relatives of employment-based immigrants who
file Form I-864.

1. Proof of U.S. citizen or U.S. national status includes a copy of your birth certificate, certificate of naturalization,
certificate of citizenship, consular report of birth abroad to U.S. citizen parents, or a copy of the biographic data page
of your U.S. passport.
2. Proof of lawful permanent resident status includes a photocopy of both sides of the Permanent Resident Card or Alien
Registration Receipt Card (Form I-551), or a photocopy of an unexpired temporary Form I-551 stamp in either a
foreign passport or a Department of Homeland Security (DHS) Form I-94 Arrival-Departure Record.

2.) For people you are NOT sponsoring in that affidavit, then you would not count your wife there, as she was already counted in #1 as the person your ARE sponsoring. Your joint sponsor fills it out for their own household. Your wife would be #1 for the person being sponsored, then the joint sponsor answers the rest according to whether or not they have a spouse or tax dependents, just as it asks.

3.) You would answer No, and check box #20 too. The I-864 instructions also explain what to do when you have not filed for any of the last 3 years. >

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you
must file all late returns with the IRS and attach an IRS-generated tax return transcript documenting your late filing before
submitting Form I-864. If you were not required to file a Federal income tax return under U.S. tax law because your
income was too low, attach a typed or printed explanation. If you were not required to file a Federal income tax return
under U.S. tax law for any other reason, attach a typed or printed explanation including evidence of the exemption and
how you are subject to it. Residence outside of the United States does not exempt U.S. citizens or lawful permanent
residents from filing a U.S. Federal income tax return. See Filing Requirements in the IRS Form 1040 Filing Instructions
to determine whether you were required to file.

NOTE: Do not leave the boxes for Item Number 19.a. blank. Print or type the most recent tax year and your total
income for that most recent tax year. If the amount was zero, enter “zero” or if you were not required to file a Federal
income tax return enter “N/A” for not applicable.

The I-864 instructions > http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

[chaoticlogic 27]

So I would put 2 for mine and my mother would put 3? She is married. Also, I didn't file in 2013 and in 2012 because I was studying. Is explaining that sufficient? Thanks again.

[KayDeeCee 4,896]

Yes, if she is married with no other dependents, then her household count will be 3, herself, her spouse and the intending immigrant. Be sure she includes ALL forms, schedules, W-2s and/or 1099s from a joint filing. If she uses IRS transcripts, she needs to include her W-2s/1099s to show her individual income from the joint taxes. She should also provide proof that her current individual income meets the requirement for her household size.

You would simply write that in your statement, that you were a student and had zero income or income was too low to be required to file those years.

[chaoticlogic 27]

Okay, thanks! What we did for the K1 joint-sponsor, she just sent in the last 3 tax returns (not transcripts) with W2s, letter from employer stating her hire date and current salary and position (which is sufficient) and it was accepted. I'm assuming that everything should be fine if we do it the same way.

[KayDeeCee 4,896]

Yes, the employer letter should work as proof of current individual income.