I-864 Queries

[sachinr]

Hello,

 

My primary sponsor (wife) lives and works with me in China and we don't make much income. She filed tax for 2018 and will be showing W2 and transcripts for the latest year which is 2018.

 

We do have a joint sponsor as well. Here are my queries concerning joint sponsor who is single and has no dependents back in the US living at the same address as his parents:

 

1. He will be showing W2 for 2016, 2017 and 2018 plus paystubs for the past 6 months upto November 2019. He does not have the tax transcripts. Are the tax transcripts really necessary? Or will it be ok just to show the W-2?

 

2. Hopefully, I would be scheduling an interview in January, is it ok not to show W-2 for 2019 and of course there won't be tax filing till Feb or March 2020 for 2019 from both the primary and joint sponsor? Is it ok to show financial documents only upto 2018?

 

3. My joint sponsor can show upto $35,000 in income, Does anyone know if that should be sufficient? My joint sponsor is single.

 

Thank you in advance.

[dandmcd]

1. You can't just provide w2's, you also need copies of the tax return forms that were submitted. Tax transcripts are easily obtainable online, and save a paperwork headache by including everything all within one document. Your joint sponsor can go online, save the PDF's, and email them to you. Submit with the paystubs.

 

2. Tax season doesn't end until Spring, so you don't have to worry about submitting 2019 taxes since most people wouldn't even have received W2's by then. If there is any worry, the pay stubs being submitted will accurately reflect the current income.

 

3. While it more than exceeds the minimum, they look at the totality of the situation, and make a decision based on a variety of factors, including location. 35k goes much further in rural Iowa than it does in L.A. However, providing all the information needed, and convincing them you won't be out of work for long will go a long way in gaining the officer's trust you both won't be living off your parents for long. Provide evidence of establishing domicile, a resume for work, any offers or recruiting agent emails you have received to show you are actively seeking to better yourself once landing in the US. Make your spouse aware of all of this evidence, so if questioned about it in the interview, you can hand it over if need be.

Edited November 25, 2019 by dandmcd (see edit history)

[Randy W]

Most immigration sites confuse the I-864 as being the standard. Yes, it is required, but the legal standard used by the Visa Officer as required by law (the INA) is - Will the intending immigrant become a public charge while in the U.S.? It is up to you to provide ALL evidence, above and beyond the I-864, that will help the officer in making that determination. Personal information, your career and job prospects can make the difference, like Dan says.

 

2019 taxes are usually asked for only after April 15.

 

It's your choice whether to submit tax transcripts or copies of tax returns - they carry the same weight legally and contain the same information.

[sachinr]

Thank you Dan and Randy for all the information

 

My joint sponsor will provide the W-2s, pay stubs and the tax transcripts for 2016,2017 and 2018.

 

We have already provided evidence for domicile during our I-130 application. Infact, when my wife went to file the I-130 in Guangzhou, the CO told my wife that our I-130 application and evidence that we were very well prepared and wished more people would do the same.

 

That being said I understand the need to provide as much as evidence possible. One problem I forsee about future job applications is that we wouldnt leave China Till the end of June 2020 because thats when we finish our contracts here in China. So we would start applying for jobs in Feb/March. But I would keep our resumes handy at the interview. My wife has an extensive work experience in the US (25 years of Social work experience) prior coming to China (Been in China for 7 years) and I believe at the interview stage all I can say is she would go back to one of her previous jobs since it would be too early to apply for jobs starting in the summer of 2020( Correct me if I am wrong)

 

Well we dont have much to go back to that is the reason we have a joint sponsor but we are working towards building things up in the US.

 

Thank you for all your suggestions and advise. I will keep you guys updated.

[sachinr]

Hello,

 

Is Driver's License and W-2 sufficient proof of Joint sponsor proof of Domicile since both contain US addresses?

 

Thank you.

[Randy W]

Hello,

 

Is Driver's License and W-2 sufficient proof of Joint sponsor proof of Domicile since both contain US addresses?

 

Thank you.

 

I expect so, but, of course, it's up to the visa officer's interpretation.

 

The document to prove your place of residence must have been issued by a government authority, utility company or financial institution.

 

[sachinr]

Hello,

 

Does the joint Sponsor need to give a accompanying letter with the I-864 documents? Does the joint sponsor need to explain why he or she is acting as a joint sponsor in this letter? Would it strengthen my case or it doesn't matter? If the joint sponsor needs to give an accompanying letter, Is there a sample letter of intent for reference?

 

Thank you.

[Randy W]

Hello,

 

Does the joint Sponsor need to give a accompanying letter with the I-864 documents? Does the joint sponsor need to explain why he or she is acting as a joint sponsor in this letter? Would it strengthen my case or it doesn't matter? If the joint sponsor needs to give an accompanying letter, Is there a sample letter of intent for reference?

 

Thank you.

 

 

Not with regard to the I-864, but testimonial letters from acquaintances or relatives familiar with your relationship may help.

[Randy W]

About your earlier remarks about job applications, you CAN provide evidence of available opportunities or simply an active job search which are inline with your experience

[sachinr]

Thanks Randy. We already submitted 4 testimonial letters attesting to our relationship, with our I130 application. I still have a second copies of those letters and will be taking them with me for the interview. I may need to make some online searches concerning jobs. Thank you for the heads up.

[sachinr]

Hello,

 

My query is concerning part 6 , question 7 where we need to mention the sponsors current annual income. Would this amount be as per the last tax transcript ( in our case tax transcript from 2018) or a ball park figure for salary earned in 2019. Since taxes haven't been filed for 2019 yet. I also wanted to know if this figure must match the figures in 23 -25 where we mention the latest tax return amount.

 

Thank you.

[Randy W]

Hello,

 

My query is concerning part 6 , question 7 where we need to mention the sponsors current annual income. Would this amount be as per the last tax transcript ( in our case tax transcript from 2018) or a ball park figure for salary earned in 2019. Since taxes haven't been filed for 2019 yet. I also wanted to know if this figure must match the figures in 23 -25 where we mention the latest tax return amount.

 

Thank you.

 

 

Current would mean their present salary or expected income - not on any tax return.