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Filed: AOS (pnd) Country: Venezuela
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Posted

Hello,

I am sponsoring my husband but since we are both students we also added a joint sponsor.

I filed the I-864 as the petitioner. I included my last year tax return. This return included money I earned in another country and the money my husband made in another country during his internship (we filed together).

Now the immigration services is asking us for prove of income and it says that in order to include my household member (who is my husband) he has to prove he could work in the US. They are also asking for W-2.

I don’t have W-2 because I worked in Venezuela. My husband worked in Europe because he has an European passport.

It is possible to send a new I-864 without including my husband?

Is it possible for me to prove my income with a letter from my last employer in Venezuela? That’s all I have.

I files my taxes with Turbotax, is a copy of that enough?

I am really worried because he has to start working, he got an offer but it depends on this. And our process is on hold while we send all the information they want.

Thank you very much for your help.

Posted (edited)
Hello,

I am sponsoring my husband but since we are both students we also added a joint sponsor.

I filed the I-864 as the petitioner. I included my last year tax return. This return included money I earned in another country and the money my husband made in another country during his internship (we filed together).

Now the immigration services is asking us for prove of income and it says that in order to include my household member (who is my husband) he has to prove he could work in the US. They are also asking for W-2.

I don’t have W-2 because I worked in Venezuela. My husband worked in Europe because he has an European passport.

It is possible to send a new I-864 without including my husband?

Is it possible for me to prove my income with a letter from my last employer in Venezuela? That’s all I have.

I files my taxes with Turbotax, is a copy of that enough?

I am really worried because he has to start working, he got an offer but it depends on this. And our process is on hold while we send all the information they want.

Thank you very much for your help.

That was a mistake to add your husband (the intending immigrant), because the I-864 instructions state "If the intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or she obtains lawful permanent resident status."

Also, you probably didn't make it clear enough that he wasn't working in the US, hence the request to prove he was.

So you should file a new I-864 with just your information.

You should include any evidence of your pay from your job in Venezuela, which would probably be the same documents you used to fill out your taxes in TurboTax. If you submit just your print out from that program, you will need to show all supporting evidence. Try to get a tax transcript from the IRS, that would probably help you. (you can call them and have it faxed over).

I would think you will need more than a letter from your last employer, pay stubs, bank statements (showing deposits/withdrawals), etc...

However, since you have a "joint sponsor", you can probably forgo trying to prove you make enough income (with your new 864) since you are a student, as your joint sponsors income is what is really needed to prove. Are they USC's? with filed income tax? And do they make 125% of the poverty level needed?

Edited by Bobby_Umit

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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