One more question about the affidavit of support

[newlyweds2010 208]

My wife does not earn enough to meet the poverty guidelines, nor did she in the past 3 years, when she worked part time while studying.

However, she has assets for more than 3x the poverty guidelines for a family of two.

My question is: is it necessary for us to produce her fed tax returns for the past 3 years and the corresponding w2 forms? we are basically saying that she can support me based on her assets, not on her earnings.

[Darnell 8,479]

If I were in her shoes, I'd mimic what was done for the I-134.

[newlyweds2010 208]

If I were in her shoes, I'd mimic what was done for the I-134.

ok, so basically produce evidence of her assets. oh, by the way it's 3x for spouses, no more 5x, right?

[JimVaPhuong 4,864]

If the sponsor filed a return in the most recent tax year then they must include a copy or a transcript. If they didn't file a return then they must provide a letter explaining why they weren't required to file a return. The form requires one or the other. If you don't provide what is required then you'll get an RFE. It's pretty simple.

From reading here, the affidavit of support seems to hang up more people than any other single factor. It's the only form submitted that's actually a binding contract, and USCIS obviously takes this very seriously. I wouldn't try to play any games with this form. Read the form's instructions and provide exactly what is required.

ok, so basically produce evidence of her assets. oh, by the way it's 3x for spouses, no more 5x, right?

Yes, it's 3X for someone sponsoring a spouse or minor child. It's 5X for someone sponsoring anyone else.

[newlyweds2010 208]

If the sponsor filed a return in the most recent tax year then they must include a copy or a transcript. If they didn't file a return then they must provide a letter explaining why they weren't required to file a return. The form requires one or the other. If you don't provide what is required then you'll get an RFE. It's pretty simple.

From reading here, the affidavit of support seems to hang up more people than any other single factor. It's the only form submitted that's actually a binding contract, and USCIS obviously takes this very seriously. I wouldn't try to play any games with this form. Read the form's instructions and provide exactly what is required.

Yes, it's 3X for someone sponsoring a spouse or minor child. It's 5X for someone sponsoring anyone else.

Thank you for your reply.

We are not trying to play any games with this form (not sure what this even means), but just trying to understand what we have to do and what evidence we have to submit in order to comply with the rules and have an AOS as smooth as possible. I was just asking because to me as a foreigner terms like "w2 form" or even "tax return" (where do they return from?) don't really mean much: in this sense, I'm completely ignorant.

Anyway, from your answer I understand that only the last year's tax return is required, and not the last 3 as many people said. correct?

[MM+EV 0]

ON I-864 it states that if you income does not suffice then you can add your assets.

but she will need to provide proof of the assets and/or she can get a sponsor.

[Anh map 2,098]

Thank you for your reply.

We are not trying to play any games with this form (not sure what this even means), but just trying to understand what we have to do and what evidence we have to submit in order to comply with the rules and have an AOS as smooth as possible. I was just asking because to me as a foreigner terms like "w2 form" or even "tax return" (where do they return from?) don't really mean much: in this sense, I'm completely ignorant.

Anyway, from your answer I understand that only the last year's tax return is required, and not the last 3 as many people said. correct?

On page 8 of the I-864 instructions it says that if the sponsor was required to file tax returns during any of the previous 3 years but did not do so then the sponsor must file any and all late tax returns and provide proof. So while the sponsor is only required to submit their most recent tax return it makes sense to submit the last 3 to demonstrate that they have met this requirement.

If the sponsor was not required to file a tax return then they would include the required written explanation.

[baron555 934]

My wife does not earn enough to meet the poverty guidelines, nor did she in the past 3 years, when she worked part time while studying.

However, she has assets for more than 3x the poverty guidelines for a family of two.

My question is: is it necessary for us to produce her fed tax returns for the past 3 years and the corresponding w2 forms? we are basically saying that she can support me based on her assets, not on her earnings.

They want the tax return information regardless. Send that also.

[trillium13 84]

Be sure to send ALL of the tax return, all pages, schedules, W2s, etc. You can instead get tax transcripts from the IRS easily that have all of the info that USCIS needs, and is condensed into fewer, more organized pages. You just have to call and ask for them. Free.

Edited August 21, 2010 by trillium13