
Aly Mercedes
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Hello!
My fiancé and I just got married and we are now completing the AOS part of the visa (quite more stressful than I would have imagined), and I am running into a pretty complicated situation with the I-864. I have just finished my Masters and I am starting my first job next week. According to the I-864 and a lawyer on JustAnswer, I have to complete the I-864 as the petitioner despite not having any previously filed tax returns, W2S, pay stubs, etc. However, I am aware that my father can file a I-864A (joint sponsor) and provide his income. I am nervous about this process but I am hoping I am not the only one who has been in this situation. I would appreciate if anyone has any insight or has been through this situation.
(BTW my father does meet the income requirements so it is not that I am scared we will be denied because of that, I am just worried I will be denied for not having been employed).
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You should (technically) be able to sponsor even with a new income, if you have your employer provide a letter to verify it. The lack of tax transcripts is problematic if you are the one claiming sponsorship without any evidence as to why you haven't filed taxes. Even part time/any paid work needs to be accounted for. But perhaps your father claimed for you.
So I can see why having your father as the co-sponsor may seem the safest bet. You can provide a declaration with the I-864 stating the reason for your father's sponsorship at this time, and he can do the same, particularly if he did in fact claim you as a dependent while you were in college. So if you're worried you'll be denied for no income with your father as sponsor, don't. Just seize the opportunity to provide statements on your scholastic journey/income as supplementary evidence, and have your father do so as well. Heck, even include your employment verification letter with your dad still sponsoring. Put it in supplementals. It's all useful evidence.
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