joint sponsor (QUERY ON i-864)

[neolla 1]

hello guys,

my questions is relative to the CR1 petition of my bro-in-law (USC) for his wife to come to the US.

the petitioner USC however had only the 2005 tax return as he was not able to file last 2003 because he got sick and on 2004, he went to stay with his wife in the Philippines.

in order to remedy the situation, as the USCIS is giving him until May 2006 to submit the affidavit of support (I-864), my husband whose income can still cover for the I-864, is willing to be co-sponsor for the wife.

can this be possible?

if it is, should the petitioner USC submit any other documents to explain the reason why he has only 1 tax return for the past 3 years? what could this documents be?

any insight will be appreciated.

please guys May is only a month away.

thanks a lot

[aussiewench 9]

Only one year is now required for AOS. Have a read here.......

http://www.visajourney.com/forums/index.php?showtopic=464

Therefore, for any Form I-485 filed on or after the date of this memorandum, the sponsor shall not be required to file any Federal income tax return for any year other than the tax year immediately preceding the sponsor’s signing of the Form I-864. For example, if the sponsor signed the Form I-864 after April 15, 2005, only the sponsor’s 2004 Federal income tax return would be required. However, the sponsor may file the three most recent returns if the sponsor believes that the additional returns will make it more likely that the Form I-864 will be found to be sufficient. This rule shall apply to petitioning sponsors, as well as substitute or joint sponsors signing a Form I-864 for an adjustment case. For any Form I-485 filed before the date of this memorandum, the sponsor should have filed the three most recent income tax returns. An officer may encounter a case in which the sponsor has included the most recent income tax return but not one or both of the two earlier returns. Given the change of policy made by this memorandum, adjudicators are no longer required to issue a request for evidence (RFE) for the missing earlier return(s).

Edited March 29, 2006 by aussiewench

[classic 0]

neolla,

Manila embassy might require past 3 years tax returns (the one aussiewench is referring to is for the I-864 needed for Adjustment of Status, not for CR/IR).

I had only one tax return for my I-864 for my IR at NVC and I was not comfortable with it so I had my sister co-sponsor (it was more of "household member"). My case was completed.

We went for K3 too, and I had my sister do her I-134 aff of support in addition to mine for the same reason I mentioned earlier. My family was approved too.

[aussiewench 9]

Dang.....I got confused with the OP's sig and the question for the bro in-law

CR-1 is also now only requiring one most recent tax return. There is a trickle of Consulates already being noted in posts to only requiring this, in line with the new policy for AOS. Some Embassy sites are also making note of it. Manila is one of them http://manila.usembassy.gov/wwwh3217.html

Edited March 31, 2006 by aussiewench

[classic 0]

Thanks, Aussiewench, I stand corrected:

"Additionally, petitioners (or cosponsors, if needed) filing an I-864 AOS are required to submit ONLY ONE YEAR'S TAX RETURN, CURRENT AS OF THE DATE THE SUBMITTED I-864 WAS NOTARIZED (this is a change from the previous requirement of submitting tax returns from the three most recent tax years)."

But presently, Manila embassy still asks for the past 3 years' tax returns, although sometimes they are not that strict if you are able present only the most recent return.

Thanks!

[neolla 1]

thanks for your replies guys

hi Classic,

i have another query

did you give a letter of explanation as to why you only have one tax return?

my husband will co-sponsor as a household member and will have 3 ITRs (for the years 2003,2004 and 2005). my worry is on the sponsor himself who has only one ITR.

if a letter of explanatin is needed, how should it be worded?

any insight is desperately needed and will be highly appreciated

thanks

neolla,

Manila embassy might require past 3 years tax returns (the one aussiewench is referring to is for the I-864 needed for Adjustment of Status, not for CR/IR).

I had only one tax return for my I-864 for my IR at NVC and I was not comfortable with it so I had my sister co-sponsor (it was more of "household member"). My case was completed.

We went for K3 too, and I had my sister do her I-134 aff of support in addition to mine for the same reason I mentioned earlier. My family was approved too.

[classic 0]

neolla,

PM me, if you dont mind. I need your email add. Thanks!