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Posted

Unfortunately I have the worst timing ever. I was about to mail out the i864 to sponsor my husband and lost my job that day. I called the national visa center for guidance and told me I have to draft a letter stating that I recently lost my job.

My father was kind enough to step in as a co sponsor for my husband. Does he need to fill out the i864a or just a regular i864? He also runs his own business so I included his business and personal income tax information. Is there anything else that's required?

Thanks!

Posted

He can do an I-864. Read the instructions for details.

The tax return must be his personal tax return. His business can not be a sponsor. Line 22 of his 1040 is the amount they will look at for qualifying. Does he file a joint return with a spouse?

He must prove he is a U.S. Citizen or permanent resident.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Posted

He can do an I-864. Read the instructions for details.

The tax return must be his personal tax return. His business can not be a sponsor. Line 22 of his 1040 is the amount they will look at for qualifying. Does he file a joint return with a spouse?

He must prove he is a U.S. Citizen or permanent resident.

Joint spouse? As in my mother? They do file their taxes together but she doesn't work.

I just want to make sure, it's the i864 and not the i864a?

Posted

Joint spouse? As in my mother? They do file their taxes together but she doesn't work.

I just want to make sure, it's the i864 and not the i864a?

The reason I asked if his tax return was a joint return with his wife:

The tax return lumps both tax filers together. It does not show he earned the money and she earned nothing. So USCIS has no way of knowing if he earned enough by himself to qualify. They would send an RFE saying he did not make enough. It's not that he doesn't, but rather they aren't considering that tax return unless he provided documentation of his own separate income. Because he owns the business, he can't provide a letter from his employer and he may not pay himself with a regular pay check to have pay stubs for proof. In general a self-employed person's proof of income is from the tax return.

What to do to get them to consider the income on the tax return? Add his wife as a family member whose income to consider since she is part of the tax return. (remember the tax return does not show who made what) On page 5, he lists his income. Then he adds his wife as Person 1 (also on page 5). Then #15 on page 5 will be Total Family Income. Mom will have to fill out an I-864a since Dad named her on his I-864. That way both people on the tax return have signed off ---he on I-864 and she on I-864A. Hope that makes sense as weird as it sounds.

You are the sponsor referred to on your I-864

Dad is the sponsor referred to on his I-864. Dad is the sponsor referred to on Mom's I-864A because she is "person 1" named on his form.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Filed: Other Country: China
Timeline
Posted

Joint spouse? As in my mother? They do file their taxes together but she doesn't work.

I just want to make sure, it's the i864 and not the i864a?

1 I-864 from you and 1 I-864 from your father, along with the I-864a from your mother, whether she has income or not. Your father's qualifying income will be shown on line 22 of the 1040 from his most recent tax return, which should be 2015. If not filed, it should be filed ASAP.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Posted

Thank you everyone for your help!

It's so frustrating I lost my job right before I was going to send out the I864. It would have been a lot easier but I do have all the documents ready now. Hopefully I didn't make a mistake on any of them.

 
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