Affidavit of support

[kittykatwoman 0]

Hello

I'm Estelle, i live in France with my husband that is American.

We married 2 years ago in France, on March the 17th we applied for Step 1 (I 130)

I then received an apointment for Step 2 (Affidavit of support I-864 under section 213A of the Act and Medical exam, other papers etc etc)

My husband didn't own enough money on the last 3 years to be my sponsor, so my mother in law is sponsoring me. She lives in America and filled the Affidavit and got it stamped by a notary.

Question 1 : does it have to be in a sealed envelop when the sponsor is abroad?

On page 1 she crossed 'joint' on the option 'I am a joint sponsor willing to accept the legal obligations with any other sponsor'

On page 3, i guess she used some old minimum income requirement info cause she wrote $15.150 instead $16.500

Question 2 : Do you think these little mistake will be a problem?

About the documents with the Affidavit, She filled the Affidavit on April, 4th so she gave me her 2004/2003/2002 Copies of 1040s and W2s for the year 2005/2004/2003.

Question 3 : Do you think by the date of the appointment (June 29th) she will have to give her 2005 copy of form 1040? Also she didn't give her 2002 W2, if she gives the 1040 she has to give the W2 for the same year, right?

Also On one of the copies of her W2s, the year is hidden, do I have to ask her some new copies?

Thank you for your help, too much stress

[meauxna 15]

I think that if all of her documents are correct, are originals and add up to more than enough to sponosor you, that her small error can be corrected by the officer at the interview.

Her I-864 does not *need* to be in an envelope, but it can be if that's how she wished. Matters not.

If you are concerned about any of her tax records, you can ask her to include copies of her transcripts from the IRS as back up.

[kittykatwoman 0]

Thank you

All the documents are correct and she earns more than enough to sponsor me, tho she didn't send me any originals, they all are copies from the 1040, W2s to the proof of employment, do i need to ask her to send me an employer letter instead of the copy of the statements of her earnings?

I can't ask her to send me the originals od her 1040s and W2s

Edited April 18, 2006 by kittykatwoman

[meauxna 15]

Thank you

All the documents are correct and she earns more than enough to sponsor me, tho she didn't send me any originals, they all are copies from the 1040, W2s to the proof of employment, do i need to ask her to send me an employer letter instead of the copy of the statements of her earnings?

I can't ask her to send me the originals od her 1040s and W2s

Originals are not required from the Joint Sponsor.

I don't know how particular Paris is about the employer letter vs other types of evidence. I think if she has adequate proof of her income over the past few yers (tax returns) and evidence that she's still in that employ (current pay stubs), that should be sufficient.

The only way to be sure is to either take the employer letter with you "in case" or write to the Consulate and hope that your officer has the same opinion as the person you speak with in email.

[kittykatwoman 0]

Thank you for your help

I will ask her an emlpoyer letter and her last 3 pay stubs and it shall be all right.

Since she earns enough to sponsor me, there should be no problem with the mistake on the poverty guideline stuff.

Also the immigration officer asked about our situation the day of the interview, she knows i supported the both of us for the last 2 years so there are no reason i would become a burden.

I don't know about American taxes, so i was wondering if by June the 29th my sponsor would have receive her tax return for the year 2005?

Thanks again

[meauxna 15]

I don't know about American taxes, so i was wondering if by June the 29th my sponsor would have receive her tax return for the year 2005?

Thanks again

kitty,

The usual deadline to complete one's tax return was April 17, but many people get an automatic extension of that deadline. If your sponsor has her 2005 return done, great. If not, she does not and that's all there is. Current proof of her earnings (paystubs) would likely be requested if there is no 2005 tax return ready.

[kittykatwoman 0]

Oh i see, i guess she can send me a copy now, she did the affidavit on April the 4th or anyway by June the 29th.

To be sure, she will send me an employer letter and the copy of a pay stub, the safer, the better!

Thanks a lot for your help

[BigAussieZee 0]

Does anyone have a link to (or know) what are the acceptable reasons for one NOT filing US Tax returns?

[kittykatwoman 0]

I know one reason because my husband is in this situation, he didn't file for the years 2004/2005 because he didn't work, tho he filed his french taxes.

The immigration officer told him to get his 1040 for the year 2003 and she will ask him to make a statement for the years 2004 and 2005.

[meauxna 15]

Does anyone have a link to (or know) what are the acceptable reasons for one NOT filing US Tax returns?

You can find the non-filing instructions at the front of the 1040 instructions. Text should be available at irs.gov

[kittykatwoman 0]

Does anyone have a link to (or know) what are the acceptable reasons for one NOT filing US Tax returns?

You can find the non-filing instructions at the front of the 1040 instructions. Text should be available at irs.gov

Also at the embassy there is a IRS office, they can give you 1040 for the years you didn't file, your W2s and all.