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christinaogbertil

Affidavit of Support I-864 Sponsor has Joint filed taxes

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Hello all,

 

I am preparing the I-864 with a close family friend who will be a joint sponsor because my income was not enough for the I-129F requirements to bring my fiancé here from Denmark.

 

My family friend (joint sponsor) files jointly with his wife so we were trying to figure out:

 

Should he only use his W-2's because the 1040 includes his wife's income? The instructions say you need copies of all W-2 and 1099's, is it possible for him to get access to 1099's if he files jointly?

 

Would it be better that his wife fills out the sponsor form? (trying to avoid that)

 

Thank you for any input or help,

 

Christina

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Hope someone chimes in that can give you good advice regarding the cosponsor's documents part, but I just wanted to clarify a couple of things for you first :)

 

1- For a K1 visa you need form i-134, not i-864 that it's used for AOS after getting married.

 

2- The Affidavit of Support is required for the Embassy stage of the visa process, so you don't need to send that with your initial i-129f package.

This means you have more time to figure out things... And also there's a chance you end up using 2017 taxes for the affidavit, if your cosponsor filles them early next year, since currently the process is taking 4-5 months to NOA2 and 1-3 more months till interview.

Of course, this might change and the wait be shorter in the future (wishful thinking?).

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3 minutes ago, Estibaliz said:

Hope someone chimes in that can give you good advice regarding the cosponsor's documents part, but I just wanted to clarify a couple of things for you first :)

 

1- For a K1 visa you need form i-134, not i-864 that it's used for AOS after getting married.

 

2- The Affidavit of Support is required for the Embassy stage of the visa process, so you don't need to send that with your initial i-129f package.

This means you have more time to figure out things... And also there's a chance you end up using 2017 taxes for the affidavit, if your cosponsor filles them early next year, since currently the process is taking 4-5 months to NOA2 and 1-3 more months till interview.

Of course, this might change and the wait be shorter in the future (wishful thinking?).

Hello and thank you,

 

I am aware that I need the I-134, but I already knew my last year income was not enough, so that is why I am being proactive :-) I did already submit my I-129F, thank you for writing that though! I am not worried about things I cannot control. Only faith can get us through :-) thank you for replying and I hope someone will have information about tax form evidence. Thanks again :-)

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1 minute ago, christinaogbertil said:

Hello and thank you,

 

I am aware that I need the I-134, but I already knew my last year income was not enough, so that is why I am being proactive :-) I did already submit my I-129F, thank you for writing that though! I am not worried about things I cannot control. Only faith can get us through :-) thank you for replying and I hope someone will have information about tax form evidence. Thanks again :-)

Oops, sorry for telling you things you already knew, I misunderstood where you were at the process. Sign I should be going to sleep already :)

 

Anyway, I was just reading on cases similar to yours, and if I'm not mistaken you can only have one cosponsor for the K1. He would need to provide the W2's so his personal income can be determined from the total showed in the taxes filed jointly, plus the paystubs and letter of employment will show his current individual income.

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8 minutes ago, aleful said:

what about this year? is she already here and you are getting married this year or will it be next year

 

when do you think you will be filing the adjustment of status packet?

 

 

Hello,

 

He is in Denmark so we are waiting for the I-129F response. I am hoping Decmber we can get married when he arrives under the fiancé visa.

 

Does this information help?

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4 minutes ago, Estibaliz said:

Oops, sorry for telling you things you already knew, I misunderstood where you were at the process. Sign I should be going to sleep already :)

 

Anyway, I was just reading on cases similar to yours, and if I'm not mistaken you can only have one cosponsor for the K1. He would need to provide the W2's so his personal income can be determined from the total showed in the taxes filed jointly, plus the paystubs and letter of employment will show his current individual income.

Thank you for looking :-)

Yes it will only be one joint sponsor. He is a professor so are the paystubs necessary or a precaution? The instructions do not mention a letter of employment and paystubs as necessary . . . ? Or that is your suggestion for clarifying individual income? Thank you!

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6 minutes ago, christinaogbertil said:

Thank you for looking :-)

Yes it will only be one joint sponsor. He is a professor so are the paystubs necessary or a precaution? The instructions do not mention a letter of employment and paystubs as necessary . . . ? Or that is your suggestion for clarifying individual income? Thank you!

Paystubs are necessary esp. if the co-sponsor is working, that is to establish that he has a stable income every month.

The embassy sent me a letter about the requirements for the interview and as per my understanding, whatever documents the petitioner will provide has to be provided by the joint sponsor as well.

 

The letter says that we provide originals, not photocopies of the following:

 

  • Form I-134, completed and signed
  • current salary letter or a letter that shows how many hours the petitioner is working every week and how much is he earning per hour.
  • current bank statement
  • Tax Form 1040 of the most recent year
  • w2
  • Paystubs for the last 3 months
  • Proof of US citizenship

 

But since our co-sponsor is already retired, it is impossible to provide w2, paystubs and current salary letter. She has a business and is receiving social security benefits as well every month. We ended up providing the following from the joint sponsor to prove that he she qualifies to back us up financially in case things get out of hand. Our co-sponsor was my aunt.

 

  • Form I-134, completed and signed
  • Tax Form 1040 of the most recent year
  • Social Security Benefits Statement for 2016
  • Proof of US citizenship

 

She was also the one we got as co-sponsor for our AOS application and we did not have any issues at all. The only difference between K1 and AOS is the forms, and that the spouse of the co- sponsor also needs to fill out the form I-864A as an agreement between him and my aunt that he is allowing her to sponsor me in case a problem arises financially to avoid me becoming a public charge.

 

Hope this helps.

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16 minutes ago, TheSkywalkers said:

Paystubs are necessary esp. if the co-sponsor is working, that is to establish that he has a stable income every month.

The embassy sent me a letter about the requirements for the interview and as per my understanding, whatever documents the petitioner will provide has to be provided by the joint sponsor as well.

 

The letter says that we provide originals, not photocopies of the following:

 

  • Form I-134, completed and signed
  • current salary letter or a letter that shows how many hours the petitioner is working every week and how much is he earning per hour.
  • current bank statement
  • Tax Form 1040 of the most recent year
  • w2
  • Paystubs for the last 3 months
  • Proof of US citizenship

 

But since our co-sponsor is already retired, it is impossible to provide w2, paystubs and current salary letter. She has a business and is receiving social security benefits as well every month. We ended up providing the following from the joint sponsor to prove that he she qualifies to back us up financially in case things get out of hand. Our co-sponsor was my aunt.

 

  • Form I-134, completed and signed
  • Tax Form 1040 of the most recent year
  • Social Security Benefits Statement for 2016
  • Proof of US citizenship

 

She was also the one we got as co-sponsor for our AOS application and we did not have any issues at all. The only difference between K1 and AOS is the forms, and that the spouse of the co- sponsor also needs to fill out the form I-864A as an agreement between him and my aunt that he is allowing her to sponsor me in case a problem arises financially to avoid me becoming a public charge.

 

Hope this helps.

Hello,

 

For the original documents you said were required: how did you use an original copy for your sponsors evidence of US citizenship . . .?

Tax forms are instructed to be photocopies so what did you all do to make them "originals"?

 

also, youre saying my fiancé's joint sponsor's spouse fills out I-864a? and the joint sponsor fills out only I-134 and not the I-864a? I never read that so I am totally having a "what?" moment.

 

Thank you so much for writing. Please let me know if you have answers to the above.

 

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Sorry, I went to sleep :P but I see you already got good answers to your doubt. They want proof of the current income, therefore the need to use paystubs and such.

I-864A is used by the joint sponsor's spouse for AOS. You only need the cosponsor i134 for the K1, nothing from the wife.

And I think when they talk about originals they refer to letters and forms that require a signature. Well, that's what my logic tells me :)

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On 9/1/2017 at 2:52 AM, Estibaliz said:

Sorry, I went to sleep :P but I see you already got good answers to your doubt. They want proof of the current income, therefore the need to use paystubs and such.

I-864A is used by the joint sponsor's spouse for AOS. You only need the cosponsor i134 for the K1, nothing from the wife.

And I think when they talk about originals they refer to letters and forms that require a signature. Well, that's what my logic tells me :)

Hello :-)

 

Thank you for that response. I sent in the K-1 at the beginning of the month. Now finishing I-134 with the sponsor and mine. I read the instructions for the I-864a and it says that it is only needed if the sponsor's income is not enough . . . which is not the case, so for my fiancé's eventual adjustment of status will the I-864a still be necessary?

 

Thank you,

 

Christina

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1 hour ago, christinaogbertil said:

Hello :-)

 

Thank you for that response. I sent in the K-1 at the beginning of the month. Now finishing I-134 with the sponsor and mine. I read the instructions for the I-864a and it says that it is only needed if the sponsor's income is not enough . . . which is not the case, so for my fiancé's eventual adjustment of status will the I-864a still be necessary?

 

Thank you,

 

Christina

Always good to plan ahead and be prepared, but keep in mind you probably won't need the i134 until 4-6 months from now, and dates can be significant for some documents like the letter of employment.

 

Anyway, as I said I'm not too familiar with co-sponsoring, but regarding the i864a, for what I've understood reading about it, it has nothing to do with your co-sponsor's income not being enough, but with the fact his spouse is ok with him using his/their assets to sponsor the fiance if that was necessary. 

 

Also keep in mind you are always the sponsor of your fiance, even if you don't have income. The person helping you out to meet the requirements would be the co-sponsor.

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For K1 with co-sponsor, both the sponsor and co-sponsor fills out Form I-134.

For Adjustment of Status with co-sponsor, both sponsor and co-sponsor fills out Form I-864 BUT if the co-sponsor is married, his/her spouse has to complete Form I-864A which serves as an agreement between the co-sponsor and his/her spouse that the spouse is letting the co-sponsor be responsible for the intending immigrant using their income. :)

 

Hope this helps! :)

Edited by TheSkywalkers

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On 9/22/2017 at 6:01 PM, TheSkywalkers said:

For K1 with co-sponsor, both the sponsor and co-sponsor fills out Form I-134.

For Adjustment of Status with co-sponsor, both sponsor and co-sponsor fills out Form I-864 BUT if the co-sponsor is married, his/her spouse has to complete Form I-864A which serves as an agreement between the co-sponsor and his/her spouse that the spouse is letting the co-sponsor be responsible for the intending immigrant using their income. :)

 

Hope this helps! :)

Thank you! Yes it does, so much.

I really appreciate it :-)

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