affidavit of support question

[Annie93 21]

I don't make enough money(student working part time) and I am filling for my spouse to come from Armenia. My mom doesn't claim me as a dependent in her taxes(I live with her). She only claims my brother. According to the poverty chart she makes enough to claim 3 people so her, my brother and my husband.. I don't understand which forms I have to fill out and what she has to fill out. do we both fill out the I-864 and does she have to fill out the I-864A.. Also do I send my tax info also..I did file my taxes...

[KULtoATL 1,551]

You as the petitioner/main sponsor will complete the I-864. Your mom as a co-sponsor will fill up the I-864A.

 

And yes, you include your tax returns transcript and W2.

[Annie93 21]

but in this case isn't my mom the main sponsor because she is the one who actually has enough income?

[KULtoATL 1,551]

The petitioner is always the main sponsor. The second person who is not the petitioner can only be a co-sponsor and to help meet the 125% regardless of how much more she can sponsor compared to you.

 

[Annie93 21]

I see! Thank you so much!!

[A'n'L 735]

You will both file the i864. You as the main sponsor (petitioner), your mother as the joint sponsor. None of you should use the i864a. That one is used only if you were combining income of people in the same household (although you live together, you and your mom are not in the same "financial" household since you are not a dependent on her taxes, and you file your own taxes). Both of you should append the requested supporting docs (your mother to show that she CAN support your husband, you to show that your income is insufficient - validating the use of a joint sponsor).

[Annie93 21]

So i will send both our w-2's and the 2 packets we have from our tax person when we filed for our taxes? 

[A'n'L 735]

43 minutes ago, Annie93 said:

So i will send both our w-2's and the 2 packets we have from our tax person when we filed for our taxes? 

For both of you, yes. What is "packets from your tax person"? You need your tax transcripts from IRS.

[Penguin_ie 5,986]

***** Moving from K2 progress report to CR-1 forum as the K3 is an obsolete visa and Op will get the CR-1 *******

[bcking 3,157]

3 hours ago, A'n'L said:

For both of you, yes. What is "packets from your tax person"? You need your tax transcripts from IRS.

I believe you can also send in a copy of your "full return" instead of a tax transcript. A lot of (most?) tax places will give you a copy. Though technically it wouldn't show evidence that you paid your taxes, but I seem to recall reading somewhere that it was sufficient.

[A'n'L 735]

2 hours ago, bcking said:

I believe you can also send in a copy of your "full return" instead of a tax transcript. A lot of (most?) tax places will give you a copy. Though technically it wouldn't show evidence that you paid your taxes, but I seem to recall reading somewhere that it was sufficient.

If you can't get your transcripts, yes, most times the completed return + W2 will be accepted as a replacement. 

 

What do you mean by "tax place"? A tax accountant/attorney? You should not let them file for you without giving you a copy.

[bcking 3,157]

Just now, A'n'L said:

If you can't get your transcripts, yes, most times the completed return + W2 will be accepted as a replacement. 

 

What do you mean by "tax place"? A tax accountant/attorney? You should not let them file for you without giving you a copy.

I was only using "tax place" because the original person used something non-specific.

 

I have an accountant, and yes of course I get a copy (Should be getting an email from him soon come to think of it).

[Suss&Camm 2,213]

19 hours ago, A'n'L said:

You will both file the i864. You as the main sponsor (petitioner), your mother as the joint sponsor. None of you should use the i864a. That one is used only if you were combining income of people in the same household (although you live together, you and your mom are not in the same "financial" household since you are not a dependent on her taxes, and you file your own taxes). Both of you should append the requested supporting docs (your mother to show that she CAN support your husband, you to show that your income is insufficient - validating the use of a joint sponsor).

Actually, they should fill out the i-864A. Per the instructions it is enough to live at the same principal residence if they are a spouse, adult child, parent or sibling to the main sponsor.

From the i-864A instructions:

 

"Who May Be Considered a Household Member for Purposes of Form I-864A?
For purposes of this contract, a household member is:
1. A U.S. citizen, lawful permanent resident, or U.S. national relative who has the same principal residence as the
sponsor and is related to the sponsor as a spouse, adult child, parent, or sibling;
2. A U.S. citizen, lawful permanent resident, or U.S. national relative or other person whom the sponsor has lawfully
claimed as a dependent on the sponsor’s most recent Federal income tax return even if that person does not live at the
same residence as the sponsor; or
3. The intending immigrant, in certain circumstances. (See the How Can the Intending Immigrant Be Considered a
Household Member section of these Instructions.)"

 

https://www.uscis.gov/system/files_force/files/form/i-864ainstr.pdf?download=1

 

[A'n'L 735]

4 hours ago, Suss&Camm said:

Actually, they should fill out the i-864A. Per the instructions it is enough to live at the same principal residence if they are a spouse, adult child, parent or sibling to the main sponsor.

From the i-864A instructions:

 

"Who May Be Considered a Household Member for Purposes of Form I-864A?
For purposes of this contract, a household member is:
1. A U.S. citizen, lawful permanent resident, or U.S. national relative who has the same principal residence as the
sponsor and is related to the sponsor as a spouse, adult child, parent, or sibling;
2. A U.S. citizen, lawful permanent resident, or U.S. national relative or other person whom the sponsor has lawfully
claimed as a dependent on the sponsor’s most recent Federal income tax return even if that person does not live at the
same residence as the sponsor; or
3. The intending immigrant, in certain circumstances. (See the How Can the Intending Immigrant Be Considered a
Household Member section of these Instructions.)"

 

https://www.uscis.gov/system/files_force/files/form/i-864ainstr.pdf?download=1

 

That would add another person to the mother's poverty limit burden though, so not a good idea if they are close to that limit.

[Suss&Camm 2,213]

3 hours ago, A'n'L said:

That would add another person to the mother's poverty limit burden though, so not a good idea if they are close to that limit.

I don't understand what you mean. Saying that the mom is a household member for the purpose of filling out the i-864a doesn't make the mom included in the main sponsor's household for tax purposes, which is what is calculated in the i-864. What I put above is just stating who should fill out the i-864A. Since the mother has other dependents (the brother) she is required to fill out the i-864A.