i-864 Help (Wife doesn't have tax-return papers)

[nishantvodoo 0]

I am on a student visa who recently got married to an 18 year old. My mother in law is my sponser. I did all my paperwork myself and submitted. However I got a letter today that said:

--Form I-864 Affidavit of support was submitted; however, it was not from the petitioner/sponsor.
Please submit a completed and signed Form I-864 with a revision date of 03/22/13, for the petitioner/sponsor listed on Form I-130 or Form I-129F. Even if a joint sponsor will be used, the petitioner/sponsor must submit form I-864
-- the joint sponsor on Form I-864, Affidavit if Support, must submit a complete Federal Income tax Return submitted to the Internal Revenue Service (IRS) for the most recent year.

The i-864 was filled by my mother in law only and attached were all her tax returns.

I am confused as to what this means. Can someone please explain me what I am missing or what I need to do?

Thank You

[Hypnos 6,576]

The petitioner is always the primary sponsor regardless of income, even if it's $0.

Your spouse will need to complete an I-864 of their, together with all supporting documentation.

Edited October 28, 2014 by Hypnos

[nishantvodoo 0]

Does it mean I will need 2 i864?

[Indyiale32 14]

Yes it does

[Penguin_ie 5,985]

**** Moving from Student Visa to AOS from Student Visa *****

[nishantvodoo 0]

I am doing my i-864 (Affidavit of Support). I am a student visa holder and I got married to an 18 year old.

The form says that I need to include the tax-return, w-2 and employment verification documents when I fill out i-864. However, my wife doesn't have all those papers because she is still in school and have never filled tax return documents. What should I do in this case?

My mother-in-law is the sponser and I have all the documents I need from her.

Do I need to file 2 different i-864 from both my wife and mother-in-law? If so, how should I fill the first page of I-864 in both cases?

Edited October 28, 2014 by nishantvodoo

[Stressed Out 81]

Your wife is the sponsor and your MIL is the joint-sponsor, regardless of income. Your wife and her mother will each fill out their own I-864. Your wife will submit a letter stating why she wasn't required to file tax returns (no income as a student) and your MIL will submit all required 2013 tax information.

However, which of you is the petitioner? You say "I'm filling out the I-864", but that's your wife's duty since you make her out to be the petitioner.

[nishantvodoo 0]

I meant I need to fill out I 864. My wife and mother in law will be filling out two separate i864's according to my knowledge, right?

[Stressed Out 81]

Yes, your wife will check box 1.a. where it says 'I am the petitioner' on her I-864, your MIL the box 1.d. on hers where it says 'I am the only joint sponsor'...assuming there is no second joint sponsor. (FIL adding in his income to exceed the poverty line as a couple)

Edited October 28, 2014 by Stressed Out

[nishantvodoo 0]

Can you tell me what exactly my wife should write on the letter? She still goes to school and has only been employed at the university. Is there a format of what the letter should contain?

[Stressed Out 81]

It doesn't have to be anything fancy, but they want at least a written declaration of having not been required to file tax returns. Here's what I'm submitting:

Explanation of Tax Exemption

I have not filed (and was not required to) any tax returns for the past three tax years as my last job (of any kind) was working at IHOP in Broken Arrow, Oklahoma. I quit that job early fall of 2010, moved to Germany January 2011 and was unable to find work until I was employed June 2014 as a newspaper courier. Between 2011 to mid-2014 I was unemployed and, even if I were to add on the income of my husband, we were both earning under $20,000/year, making us tax exempt. We were supported by my husband's parents up until my husband was taken over June 2014 as a full-time employee by the employer who had provided him his internship.

Sincerely,

_______________________________ Date:__________

(Petitioner/Main Sponsor)

My Name

Edited October 28, 2014 by Stressed Out

[nishantvodoo 0]

Awesome. Thank you for your help. I really appreciate it.

[Stressed Out 81]

No problem! Good luck to you guys!

[KayDeeCee 4,891]

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas - OP adjusting from student visa~

[Ontarkie 13,915]

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