affidavit of support

[ibextina 0]

Hello,

My husband's I-130 has been approved and now we're trying to complete our I-485.

I currently don't work because I gave birth a couple months ago. But I was the one who filled out the I-130 for him.

My husband's current income is very low.. about $33,000-ish. He has no tax returns because he's been here with a student visa. He graduated in May 2009 and just started working in October 2009.

I don't have tax returns as well since I graduated in May 2009 as well.

Who can fill out the affidavit of support, because obviously I can't "support" him since I'm not working.

Edited March 25, 2010 by ibextina

[Bobby+Umit 161]

Are your sure your husband didn't have to file a paperwork on income earned in the US?

IRS site states:

NOTE: If you were a nonresident alien student, teacher, or trainee who was temporarily present in the United States on an "F,""J,""M," or "Q" visa, you are considered engaged in a trade or business in the United States. You must file Form 1040NR (or Form 1040NR-EZ) only if you have income that is subject to tax, such as wages, tips, scholarship and fellowship grants, dividends, etc. Refer to Foreign Students and Scholars for more information.

$33,000 is well above the personal exemption ($3,650 for 2009).

Is this job still going on? (is it permanent?) According to the 864 instructions,

Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident.

So get that tax question solved - and your husband's income may be able to be added to the affidavit, $33,000 is more than sufficient to meet the level.

If you can't use his income, then you would need a co-sponsor. They would need to be an USC or LPR, 18+, domiciled in the US, and have sufficient income to meet the poverty level needed.

[Nich-Nick 3,355]

He only worked 3 months of 2009, but if his salary is $33k then that's $2750/month. That's still enough income that he should be filing a tax return for 2009 (due April 15). You (petitioner/sponsor) would have to write a letter to send explaining why you did not file a tax return. It needs to be specific...I was a student until May 2009 and only earned $700 at a summer job during 2009, so was not required to file.

I agree his income can be counted if it is a permanent job. He has 3 weeks to get his taxes done. He should have gotten a W2 in the mail showing the income he earn in 2009. If you were married in 2009, then he can file jointly with you, if you are a US citizen.

And as referenced above, scholarships and grants are reportable (taxable) income for either of you. You can reduce the income with proofs of tuition/fees paid and books/supplies purchased.

[david b 2]

33000 is very low salary? If it is, then hopefully I can find a job that pays a low salary! I'm sorry lol, maybe I am just getting very underpaid here in the UK. I am a full time car service technician and my salary is a lot less than that, it works out at less than 30000 dollars when converted! Should I be hoping for more than this in the US if I can find a job?