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Filed: IR-5 Country: Philippines
Timeline
Posted

Good day everyone,

I am writing this question to help out my dad in filing an affidavit of support for his wife who is in the Philippines. Quick background, I am a US citizen and I petitioned for my dad to immigrate in the US. He arrived Oct 2019. My dad married his current wife (not my mom) in 2016, and I was already 20 at that time which made me ineligible to petition for her to come to the US at the same time as my dad because their marriage occurred after my 18th birthday. In order for her to immigrate here in the US, she has to be petitioned by my dad. My dad received his green card earlier this year and we turned in the petition for his wife to come over in February 2020. We should be receiving an update regarding the petition pretty soon.

With regards to the Affidavit of Support, we are looking at filing Form I-864 EZ because we think my dad meets all the requirement to use that form. He just started working January 2020 but despite of this he will still meet the income requirement. One of the first questions asked though is if he "is using his own earned or retirement income, which is documented using IRS Form W-2." He currently does not have W-2 because he just started working this year. W-2 and Federal income tax return won't be available til next year.

Can we still use the form I-864 EZ even if we don't have W-2 and provide pay stubs as proof? I have the same problem on part 5 of the form which asks whether he filed Federal income tax returns for the most recent 3 years. We can bring them during the interview which we are hoping to occur early next year. Or should we use the regular Form I-864. Any help will be appreciated. Thanks in advance.

 

Posted
1 hour ago, Motongever said:

He currently does not have W-2 because he just started working this year. W-2 and Federal income tax return won't be available til next year.

For most recent tax year info, I-864 instructions say to include a typed explanation as to why he was not required to file. 2019 income being below filing threshold is a valid reason.

1 hour ago, Motongever said:

My dad received his green card earlier this year and we turned in the petition for his wife to come over in February 2020.

He could have filed the I-130 right after his entry in Oct 2019. His CBP-endorsed Immigrant Visa was an I-551 document: https://www.uscis.gov/i-9-central/temporary-i-551-stamps-and-mrivs

Immigrant_Visa_CBP_endorsement.jpg

Filed: IR-5 Country: Philippines
Timeline
Posted
5 hours ago, HRQX said:

He could have filed the I-130 right after his entry in Oct 2019. His CBP-endorsed Immigrant Visa was an I-551 document: https://www.uscis.gov/i-9-central/temporary-i-551-stamps-and-mrivs

Hi, yes. We didn’t know it at the time we thought we needed the actual green card vs the temporary one in his passport, but we got it started already just waiting now.

 
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