I-864 & I-864A

[brutrigem]

Hi, could anyone point me in the right direction for this? Or perhaps I need to consult with an Immigration Lawyer over this?

 

I'm the I-864 sponsor for my SO, however, I only have 2 recent tax returns: 2005 & 2004, because I was still in school in 2003 and was filed as a dependent on my parents' tax return. Should I write a letter explaining this lack of a 3rd tax return?

 

Also, I am confused about what to put for my household size: I am currently residing with my mother back in the US, and don't know whether or not to include her in my household size? There are problems with including her in this:

 

1) by including her, my household size would be 3, and under 2006 poverty guidelines, the 125% of poverty line is $20,750, which my 2005 income does surpass. However my 2004 income does not meet this $20,750 standard.

 

2) Since my mother did file tax returns separately for 2003-2005, I could use her as my Household Member sponsor in I-864A. But the problem with that is: for 2003-2005, she filed joint tax returns with her husband ( who is now deceased), and except for 2005 where she did have a W2 to prove her separate income, there are no W2's for her separate income in 2003 & 2004.

 

Should I just file a I-864 and do without my mother's sponsoring? Also, could I include something about my income for 2006, as I will be having a long-term, full-time job here in the US?

 

Thank you!

[LeeFisher3]

Try using the I-864EZ. Your mother is not YOUR dependent and is not considered part of YOUR household according to the IRS or USCIS. For the 2003 tax return, I would attach a letter of explanation as to why you didn't file along with the IRS rule that allowed you not to file for that year.

 

It is possible that they would ask for a joint sponsor, but more than likely it is doubtful this would be needed with your explanation of why you didn't file taxes and the fact that your income for the past 2 years meets the required level and that you are currently working with an income that will meet the required level for 2006.

[david_dawei]

I would present the case as lee says: Do a I-864EZ with explanation and clear proof of current, long-term, full-time work... You probably won't need any joint sponsorship.

 

In the event you do need a joint sponsor, there is a nice change to the previous rules that only affects those using relative sponsors living in the same household; In this case, the person would be part of your household, filled in on your I-864a (21g) and you use their income "pools" with yours... so they do not have to outright meet the guideline, just make up what you fall short on.

 

They would also have to fill out a I-864a for themself.

 

For her taxes returns, I would rely on her 2005 and proof of current income (but have the past years copies just in case--but come up with some way to prove the older taxes numbers if it's needed; bank deposits, etc).

 

Everyone really only needs to provide one year of taxes; although they can ask for more...

[scott1956]

Hi, could anyone point me in the right direction for this? Or perhaps I need to consult with an Immigration Lawyer over this?

 

I'm the I-864 sponsor for my SO, however, I only have 2 recent tax returns: 2005 & 2004, because I was still in school in 2003 and was filed as a dependent on my parents' tax return. Should I write a letter explaining this lack of a 3rd tax return?

 

Also, I am confused about what to put for my household size: I am currently residing with my mother back in the US, and don't know whether or not to include her in my household size? There are problems with including her in this:

 

1) by including her, my household size would be 3, and under 2006 poverty guidelines, the 125% of poverty line is $20,750, which my 2005 income does surpass. However my 2004 income does not meet this $20,750 standard.

 

2) Since my mother did file tax returns separately for 2003-2005, I could use her as my Household Member sponsor in I-864A. But the problem with that is: for 2003-2005, she filed joint tax returns with her husband ( who is now deceased), and except for 2005 where she did have a W2 to prove her separate income, there are no W2's for her separate income in 2003 & 2004.

 

Should I just file a I-864 and do without my mother's sponsoring? Also, could I include something about my income for 2006, as I will be having a long-term, full-time job here in the US?

 

Thank you!

237420[/snapback]

You don't have a timeline and you don't say if you are completing the I-864 for a K3 or CR1. If it is for the CR1 the recent instructions have been for a copy of only your last year's tax return.

[brutrigem]

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You don't have a timeline and you don't say if you are completing the I-864 for a K3 or CR1. If it is for the CR1 the recent instructions have been for a copy of only your last year's tax return.

237578[/snapback]

I'm sorry, I totally forgot to mention that we are CR-1 by way of DCF. And how do you get this "timeline" done?

 

With regards to the new USCIS rule about affidavit of support, we actually filed our CR-1 before 07/21, back in May, and it was approved before 07/21 too, so according to the bulletin, the new rule wouldn't apply for us?

 

Would I even be eligible to complete a I-864EZ form rather than the I-864 form that was sent to us in our P3? Thank you!

[LeeFisher3]

You don't have a timeline and you don't say if you are completing the I-864 for a K3 or CR1.  If it is for the CR1 the recent instructions have been for a copy of only your last year's tax return.

237578[/snapback]

I'm sorry, I totally forgot to mention that we are CR-1 by way of DCF. And how do you get this "timeline" done?

 

With regards to the new USCIS rule about affidavit of support, we actually filed our CR-1 before 07/21, back in May, and it was approved before 07/21 too, so according to the bulletin, the new rule wouldn't apply for us?

 

Would I even be eligible to complete a I-864EZ form rather than the I-864 form that was sent to us in our P3? Thank you!

237625[/snapback]

The latest I-864 or I-864EZ should be acceptable no matter when you filed. The forms that are sent from the consulate are usually quite outdated. I'm not sure what rule you are speaking of, but either Affidavit of support should be acceptable as it is a valid USCIS form.

 

To add a timeline go to the main forum page and click on My Controls in the top margin, then go to Edit Signature on the left side of the page.

[david_dawei]

With regards to the new USCIS rule about affidavit of support, we actually filed our CR-1 before 07/21, back in May, and it was approved before 07/21 too, so according to the bulletin, the new rule wouldn't apply for us?

 

Would I even be eligible to complete a I-864EZ form rather than the I-864 form that was sent to us in our P3? Thank you!

237625[/snapback]

Although the ruling took effect on 7/21/06, they were accepting them prior.. it appears that the adjudicating date (interview) is when they consider effective, not the date you submit it...

 

So yes, you could use the EZ form...

[scott1956]

This is correct you can use the EZ form and I am pretty sure you are only required to provide most recent tax return at least that was what I provided for CR1 although it was a DCF case.

[brutrigem]

Thank you all! and our timeline works! woohoo!