New USCIS policy regarding Form I-864

[Captain Ewok 1,891]

News: Dec 2005

A new USCIS memorandum recently notified adjudicators that the USCIS determined that a person completing an Affidavit of Support (Form I-864) on behalf of an adjustment of status applicant should only be required to file one Federal income tax return, for the tax year that is most recent as of the date the Form I-864 was signed, rather than having to submit a Federal income tax return for each of the three most recent tax years. This memorandum also clarifies how USCIS officers are to determine the sufficiency of a Form I-864.

For the full press release, read here:

http://uscis.gov/graphics/lawsregs/handboo...upprt112305.pdf

[dollface41601 0]

interesting!

[j&js 0]

Well thats good that they are trying to get some uniformity going!

[isleta521 5]

I could be wrong but for K1, we file the I134 and not the I864?? if this is so then this reg does not apply to K1 . If I am wrong then plese let me know.

Thks,

Dave

[aussiewench 9]

I could be wrong but for K1, we file the I134 and not the I864?? if this is so then this reg does not apply to K1 . If I am wrong then plese let me know.

Thks,

Dave

This new ruling is relevant only for Adjustment of Status once in the US not for affidavits of support at interview stage for visa's.

[isleta521 5]

Sorry, the Captain did say "adjustment of status" and not for K1. . . did not read correctly. . . my state of mind is stuck on getting noa2

thanks!

[jennieh 0]

I like this now people dont have to worry so much. Its a better idea I think

[celtic59 0]

News: Dec 2005

A new USCIS memorandum recently notified adjudicators that the USCIS determined that a person completing an Affidavit of Support (Form I-864) on behalf of an adjustment of status applicant should only be required to file one Federal income tax return, for the tax year that is most recent as of the date the Form I-864 was signed, rather than having to submit a Federal income tax return for each of the three most recent tax years. This memorandum also clarifies how USCIS officers are to determine the sufficiency of a Form I-864.

For the full press release, read here:

http://uscis.gov/graphics/lawsregs/handboo...upprt112305.pdf

Well I am just back from my AOS interview and was told we need a co-sponsor as my husband's tax returns don't reflect above poverty line for all 3 past years. He was a student in 2002,2003 and 2004. We have shown he now has a teaching job and gave copy of 2005 tax return. I filed in Dec 05. I have to get another person to sponsor me,but having read this it seems quite unfair,as if I applied now then hsi most recent tax return would be all that was required and would be eligible. Have you any advice for us??I also don't understand why my property in the UK can't be used towards this,I mean not having to sell it,just prove it can realise a certain amount if sold.

[Jasman0717 9]

I could be wrong but for K1, we file the I134 and not the I864?? if this is so then this reg does not apply to K1 . If I am wrong then plese let me know.

Thks,

Dave

We filed the I-134

[kwinjp 0]

I wanted to know if this is legit because the websites are saying that you need 3 years worth of tax returns. So, i send only my 2005 tax stuff i wont be rejected on my I864???

thanks

[aussiewench 9]

I wanted to know if this is legit because the websites are saying that you need 3 years worth of tax returns. So, i send only my 2005 tax stuff i wont be rejected on my I864???

thanks

It is legit yes. This particular memo is for those doing AOS in the US. Keep in mind that you can still submit 3 years if you think it will assist you. If your I-485 was filed after April 15, 2005 only the most recent tax year would be required. It is also now applying to those submitting I-864 for immigrant visas.

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.

As for the websites referring still to the 3 most recent, it appears not all the text has been updated to reflect the new policy, but it is mentioned in certain sections.

Edited May 24, 2006 by aussiewench

[sweetee 0]

I wanted to know if this is legit because the websites are saying that you need 3 years worth of tax returns. So, i send only my 2005 tax stuff i wont be rejected on my I864???

thanks

It is legit yes. This particular memo is for those doing AOS in the US. Keep in mind that you can still submit 3 years if you think it will assist you. If your I-485 was filed after April 15, 2005 only the most recent tax year would be required. It is also now applying to those submitting I-864 for immigrant visas.

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.

As for the websites referring still to the 3 most recent, it appears not all the text has been updated to reflect the new policy, but it is mentioned in certain sections.

I kinda think they the (CO) does whatever they want during the interviews. Our AOS was filed in Sept 2004 and interview was Mar 2005. We only submitted one tax return(2004) with the I-485 and we brought the other 2 (2002 & 2003) with us to the interview. We did not receive any RFEs, nor did the CO asked for the other 2 returns. He only looked at the 2004 return and our I-864 and my husband was approved.

Sweetee

[blahduh 0]

I have a quick question, if the sponsor signed the form before 4/15/2007, then only the 2005 Federal income tax return is required? The sponsor don't have to wait for the 2006 Federal income tax return right?

[Sheriff Uling 3]

The latest version of the I-864 gives sponsor the choice of sending the most recent tax form (which is suffient based upon the recent rule changes) or sending the three most recent tax returns (which is not required but an option). See the bottom of page 15, per the most recent version on page 15 (per the I-864 version dated 01/15/06. Cheers!!!

[Sheriff Uling 3]

Per the I-864 version dated 01/15/06, see the bottom of page 15 (CLICK HERE). The sponsor has the choice of sending the most recent tax form (which is sufficient based upon the recent rule changes) or sending the three most recent tax returns (which is not required but an option).

Cheers!!!

Sheriff Uling

p.s. – My apologies because I was really tired the first time I posted this reply.