I-864

[MHandMB 0]

Hi,

I am getting ready to fill out all of the AOS paperwork. I had posted before about the need for a co-sponsor for an I-134. I ended up using my dad as a co-sponsor, and everything went just fine. Thanks for all of your help!!!

I am now looking at the seriousness of the I-864, and I hate to ask my dad to sign it, as it seems so much more severe than the I-134. I would like to avoid having to use him as a co-sponsor if possible.

I have a couple of questions. First, how likely is it I would need a co-sponsor in my current situation? I have a job making more than 125% of the poverty level. However, my 2005 tax returns only show a yearly income of $6500, as I only worked 3 months in 2005 (I was studying abroad most of the year). My 2001, 2002, 2003, and 2004 tax records will all show above the 125% level, and the job I have now is the same job I had then, I just took a year's leave of absence to study abroad. I've been back working here now for 8 months, at a higher rate of pay. What do they use to determine "income level"? Is it just last year's tax records? Or is it current employment/wages?

Second, if I do need a co-sponsor, what will happen if the co-sponsor's 2005 taxes have not been filed? He requested an extension for 2005's taxes, thus we will not have those records for a while. Will that result in an RFE?

Third, if there is an RFE for AOS documents, does that delay the EAD from being approved? I would like for my fiance to get his EAD as soon as possible, so I don't want to jeopardize that by not including the proper documents for the AOS.

Thanks for all of your help!

[diadromous mermaid 36]

Hi,

I am getting ready to fill out all of the AOS paperwork. I had posted before about the need for a co-sponsor for an I-134. I ended up using my dad as a co-sponsor, and everything went just fine. Thanks for all of your help!!!

I am now looking at the seriousness of the I-864, and I hate to ask my dad to sign it, as it seems so much more severe than the I-134. I would like to avoid having to use him as a co-sponsor if possible.

I have a couple of questions. First, how likely is it I would need a co-sponsor in my current situation? I have a job making more than 125% of the poverty level. However, my 2005 tax returns only show a yearly income of $6500, as I only worked 3 months in 2005 (I was studying abroad most of the year). My 2001, 2002, 2003, and 2004 tax records will all show above the 125% level, and the job I have now is the same job I had then, I just took a year's leave of absence to study abroad. I've been back working here now for 8 months, at a higher rate of pay. What do they use to determine "income level"? Is it just last year's tax records? Or is it current employment/wages?

Second, if I do need a co-sponsor, what will happen if the co-sponsor's 2005 taxes have not been filed? He requested an extension for 2005's taxes, thus we will not have those records for a while. Will that result in an RFE?

Third, if there is an RFE for AOS documents, does that delay the EAD from being approved? I would like for my fiance to get his EAD as soon as possible, so I don't want to jeopardize that by not including the proper documents for the AOS.

Thanks for all of your help!

Current employment and sustainable employment carries more weight than prior employment. The fact that your immediate prior year's income was lower is clearly explained in the leave of absence, and I would not be too worried about that. Notwithstanding, the totality of the circumstances relative to your financial stability are considered. You mention nothing more that would lead me to consider there is any other complicating issue...but be aware that such can become part of any determination.

Should you take a joint sponsor, if he has applied for an extension on the 2005 taxes, then he would not be required to present them normally, until that deadline has expired. This also, however, is somewhat up to the discretion of an AO.

[meauxna 15]

I was in a similar situation to you.

I presented tax returns that showed my previous high income and an explanation of my travel time. I was asked about my prospects for the future and sent on my way.

If you already have current income that is +sufficient, I wouldn't think you need a Joint Sponsor.

Read the new instructions on the I-864 forms page at uscis.gov. You may include more than the required one year of returns if you feel it will demonstrate your true situation better.

[americangirl 0]

I think that your "history of earning" will be sufficient. You only HAVE to send your 2005 tax form, but the USCIS website does note that you can send forms from earlier years if they help establish your eligibility for sponsorship.

I was a student last year and earned under $7,000; I have a full-time job now that makes me more than eligible, but I don't have the history of earning since I just graduated from college. I was told by USCIS that I *could* apply alone, but I *would* be asked for a joint sponsor. I asked my father; I felt horrible, but he was happy to help.

But in your case, I think you'll be okay since you've been eligible in the past. I would definitely include a letter detailing your study abroad, and copies of things like your transcript, plane tickets, etc.

Edited May 11, 2006 by americangirl