H1-B (married to USC) makes enough to sponsor self, which affidavit to fill out?

[Aussielad 37]

Hi there, i have a friend who is married to a USC, and makes about $70,000 per year on his H1-B visa. His wife is a nurse and she makes about $70,000 per year as well for a total combined income of about $140,000

He wants to file AOS, so my questions are the following:

1) Which affidavit of support do they fill out? the I-864 no?

2) She has to fill out an affidavit being the primary sponsor or is it just 1 between the 2 since he will mention his income as well

3) If they are combining their finances together like they do and file taxes together, they would just send in the W2 (from each one) and the 1040 of their combined taxes. They have filed taxes together for 1 year.

4) I know that he needs a letter from his employment indicating that he will continue in that same job for a few years after receiving his permanent residency (which is not a problem at all)

Please help me out with this,…thanks.

[Harpa Timsah 13,258]

The wife has to be the primary sponsor no matter what. She fills our I-864. The immigrant husband can add his info and income to her affidavit, but since she qualifies on her own, I don't see why he'd want the extra paperwork hassle.

The sponsor needs to send in a complete tax return, which might be more than a 1040 and w2 depending.

Edited September 7, 2016 by Harpa Timsah

[Aussielad 37]

The wife has to be the primary sponsor no matter what. She fills our I-864. The immigrant husband can add his info and income to her affidavit, but since she qualifies on her own, I don't see why he'd want the extra paperwork hassle.

The sponsor needs to send in a complete tax return, which might be more than a 1040 and w2 depending.

But if she's been only working 1-2 years, and only has 1-2 years of tax returns, (1 year she was single filing, 2 year she was married) She can't prove the last 3 years of tax returns...

So how can that be overcome then??

[Merrytooth 5,748]

The I-864 form said it is optional to include the second or third most recent tax years.

Current income is what counts.

[Harpa Timsah 13,258]

Yes, you don't need 3 years of tax returns. Read the instructions.