Question: K1 visa, AoS filling, Affidavit of Support, adding a joint sponsor.

[AlejandroAA 0]

Hello, everyone!

 

I got to the US and got married to my fiancée, we're now filling for AoS.

 

I've got a question regarding the addition of a joint sponsor. My spouse doesn't meet the minimal income, so we need a joint sponsor. On page 6 of the new affidavit of support (I-864), it lists additional people that I can add to the form, and their income. Should I fill that one up with the person that will be my joint sponsor AND a new I-864 form for them on top of it? Another issue I have, is that my joint sponsor doesn't want to put their social security number online for the tax return transcripts. Would the 1040+W2s be enough? I know it's a hairy situation with that, but there's nothing I can do about it. As for the proof of citizen, my sponsor has her birth certificate and passport, but my joint sponsor only has their birth certificate. Would that be enough? 

 

Thanks in advance!

 

Edit: Pic didn't get attached.

Edited Thursday at 07:37 PM by AlejandroAA

[AlejandroAA 0]

I'd like to expand on this. The sponsor hasn't been in the country for a couple of years either, so she's only got the tax returns from last 2 years only, instead of 3. Is there something we need to clarify on the form to reflect that?

[Yareth 132]

The form states: "Income you are using from any other person who was counted in your household size. "

This is for household members only. If the petitioner want to add a household member to their income, they need to fill out the relevant information in the section you pictured and file form I-864A for that household member.

Don't forget that the petitioner (US citizen or LPR) always has to fill in an I-864 even if their income is 0. 

A joint sponsor (not a household member) fills out a separate I-864. Do not write their name in the section you pictured, as this will cause confusion.

The SSN is listed at the top of every 1040 so it seems like a silly concern...but yes, 1040 + W2 is allowed. 
 

You only need one document for proof of citizenship, so that's fine. 

 

Be aware that the joint sponsor must live in the US. You only need to provide the tax transcripts for the last year. The instructions tell you what to do if you decide to go that route. 

 

 

[AlejandroAA 0]

8 minutes ago, Yareth said:

The form states: "Income you are using from any other person who was counted in your household size. "

This is for household members only. If the petitioner want to add a household member to their income, they need to fill out the relevant information in the section you pictured and file form I-864A for that household member.

Don't forget that the petitioner (US citizen or LPR) always has to fill in an I-864 even if their income is 0. 

A joint sponsor (not a household member) fills out a separate I-864. Do not write their name in the section you pictured, as this will cause confusion.

The SSN is listed at the top of every 1040 so it seems like a silly concern...but yes, 1040 + W2 is allowed. 
 

You only need one document for proof of citizenship, so that's fine. 

 

Be aware that the joint sponsor must live in the US. You only need to provide the tax transcripts for the last year. The instructions tell you what to do if you decide to go that route. 

 

 

 

Thanks for your reply! both the sponsor and the joint sponsor are currently in the US, so we should be okay with that.

 

The sponsor only has filled tax returns for the last 2 years, not 3. So, in this case, would it be accurate to answer "NO" to the checkbox on item 15, and not fill the 3 most recent year tax return fields? Or should we check it as "YES", and only fill up the first 2 fields?

 

 

Sorry for so many questions! I tried to follow some tutorials online, but given the specific situation, I appreciate the advice.

[Yareth 132]

You did not file a federal income tax return for the last three years, so the answer is NO. 

[K1visaHopeful 2,915]

Your sponsor of your K1 visa is a US citizen, correct?

You'll need to explain why they have not filed taxes for the previous 3 years as, to qualify to be a sponsor, they MUST file taxes UNLESS their taxable income did not meet the minimum filing threshold. 

Is that true? Or is there some other reason why your original sponsor didn't file?

*also note USCs must report all worldwide income AND must file even if they were not living in the US during the tax year.

 

[AlejandroAA 0]

1 hour ago, K1visaHopeful said:

Your sponsor of your K1 visa is a US citizen, correct?

You'll need to explain why they have not filed taxes for the previous 3 years as, to qualify to be a sponsor, they MUST file taxes UNLESS their taxable income did not meet the minimum filing threshold. 

Is that true? Or is there some other reason why your original sponsor didn't file?

*also note USCs must report all worldwide income AND must file even if they were not living in the US during the tax year.

 

 

Hello! Yes, she's a US citizen. She moved over to Argentina with me for 4 years, she didn't work there. When she returned to the States and started the whole process, she started to work. She only has taxes filed for the past 2 years because of it. This is why we're relying on her father to be my joint sponsor whose income is enough and above the poverty guidelines.

[K1visaHopeful 2,915]

42 minutes ago, AlejandroAA said:

 

Hello! Yes, she's a US citizen. She moved over to Argentina with me for 4 years, she didn't work there. When she returned to the States and started the whole process, she started to work. She only has taxes filed for the past 2 years because of it. This is why we're relying on her father to be my joint sponsor whose income is enough and above the poverty guidelines.

Alright, then ensure you read the instructions on how to fill it out when you have not filed for each of the the 3 most previous years. Not only do you have to fill out the form but you'll need to make a written statement explaining why 3 weren't filed. See the instructions for details.