DCF

[zauberblume 0]

Finally, after months, I'm ready to do DCF in Germany. We hope to file in the middle of April. We need to move back to the States by August at the latest. (You never know how long this process will be, so starting out sooner makes me feel better.)

I actually filled out the immigration forms four months ago, which is when I did most of my research. Now I'm just a bit confused mostly about the Affidavit of Support.

Background:

I am a U.S. citizen currently living in Berlin, Germany. I'm a student with no income whatsoever.

I will marry--in a week--a German citizen who was a student last year but now works full-time as a software developer.

He doesn't have sufficient funds to sponsor himself, so it is rather clear that we need a joint sponsor. The problem is... My mother is a caretaker to her father. She is not "employed," so she doesn't file taxes. However, she owns her father's house and has savings of about $70K in the bank. I fear that her lack of filing income taxes will make it hard for her to be a joint sponsor.

So, onto my brother who files taxes yearly... He makes, per annum, $18,000 or so. That's not the exact figure, but it's a good estimation. He lives with my mother. So, will it work if both of them basically fill out an Affidavit of Support? Because combined, I think it works. Separately, it doesn't.

If not, I don't have any other people who can sponsor us. My grandfather is unwilling and he's the most credible sponsor since he owns his house, receives social security/retirement benefits, and files taxes.

Also, I have never filed taxes as I've always been a student. Has anyone dealt with this when filing for DCF? I am not sure what to do really, if it'll be a big problem or if I should try to file taxes this year (even though, again, I have no income because I'm a student).

Thanks for your help!

-Z

[zauberblume 0]

I think I may have found my answer to the first question after perusing the U.S. immigration website.

In the FAQs, the following question is asked and answered:

11. Is only the sponsor's income included in the determination of whether he or she has sufficient income to be a sponsor?

Income of anyone related to the sponsor by birth, marriage, or adoption who has lived in the sponsor's household for at least 6 months or who is listed on the sponsor's income tax return for the most recent tax year as a dependent can include their income on the affidavit of support if they complete and sign a Form I-864A, Contract Between Sponsor and Household Member. This could include the sponsored immigrant's income.

It looks like I can use my brother, whose income doesn't meet the poverty guidelines in and of itself, as a sponsor in conjunction with my mother's assets to meet the poverty guideline.

A household size of 4 (brother, mother, myself, husband (immigrant)):

125 percent of 2006 poverty guideline = $25,000

sponsor's income = $18,000

Difference = $6,500

Multiply by 5

Minimum Required Cash Value of Assets = $32,500

(Assets would be made up from my mother's savings and her home ownership.)

Does this seem logical? I want to make sure that it makes sense. I'm reading it correctly, right?

So basically my brother would file the Form I-864 and my mother would file the I-864A, right? She would file the I-864A because she agrees to make her assets available to support the immigrant.

Phew! If all that works out then... my only problem is the income tax returns

The FAQs on the immigration website say:

16. What if income tax returns have not been filed for each of the most recent 3 tax years?

A sponsor must include as many of the income tax returns for the most recent 3 tax years with the affidavit of support as he or she was required by law to file. If the sponsor filed fewer tax returns than were required, he or she should contact the Internal Revenue Service to determine how to file retroactively. If fewer than three returns were required for reasons such as less than 3 years' residency in the United States or lack of sufficient income, the sponsor should explain the reasons on the affidavit of support.

So if my mom states on the I-864A that she has a lack of sufficient income as a reason for not filing taxes, then she should be okay? I mean, she can't help it that she has been unemployed. She's only worked odd jobs here and there while taking care of my grandfather.

Now, about me... if I, too, say that I have had insufficient income (student status and subsequent loans are verification, eh?) for not filing taxes, will I be alright?

[gag54611 1]

As best as I can tell, you are reading this correctly. Regarding the tax returns (or lack of them), I would suggest notarized letters from yourself and your mother clearly stating why you haven't filed.

Best of luck,

G