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Affidavit of support

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Hey everyone, I am in the process of sending in the packet for my wife's green card. When I sent in the application for the K1 visa last year, I didnt meet the requirements for sponsorship so I got a joint sponsor who gave me a tax return packet which I sent in with the Visa packet. Now for the green card packet, an affidavit of support is required again, now do I need another tax return from my joint sponsor or can I still send in the same tax return I sent last year since I have an extra copy?

Thanks


Sent I-129f on 02/02/2010 Wish Me Luck!

Received I-797C Notice of Action or NOA1 dated 02/10/10 on 02/15/10

NOA2 Approved May 20, 2010

Married December 23, 2010!!

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You will need to have the joint sponsor complete the form I-864. It will need to include all the supporting documentation including proof of current earning. The most recent (2010, 2009, 2008) tax transcripts will be needed as well.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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I thought only 1 year tax transcripts were needed? That what I sent with the K1 packet


Sent I-129f on 02/02/2010 Wish Me Luck!

Received I-797C Notice of Action or NOA1 dated 02/10/10 on 02/15/10

NOA2 Approved May 20, 2010

Married December 23, 2010!!

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I thought only 1 year tax transcripts were needed? That what I sent with the K1 packet

It is only required to send the most recent tax transcript with the I-864. However, there is a place on the I-864 where your joint sponsor will need to fill in the amounts from his last 3 years, same as you will on yours. You only need to send in the most recent copy though.

The instructions state the three previous tax returns must be included.

No they don't. It is optional to send the last 3 years, and only required to send the most recent year.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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It is only required to send the most recent tax transcript with the I-864. However, there is a place on the I-864 where your joint sponsor will need to fill in the amounts from his last 3 years, same as you will on yours. You only need to send in the most recent copy though.

No they don't. It is optional to send the last 3 years, and only required to send the most recent year.

The reasons that it is recommended to send the last 3 is that it proves that you've complied with the requirement (I-864 instructions page 8) to have filed tax returns for the past 3 years. Also it can be of benefit in showing a trend in income. Having a lower income in the preceding years does not disqualify a sponsor. The current and continuing income is what is most important.

This is not the same affidavit of support as submitted with the K1 petition. The standards/expectations are typically higher.

Why risk a possible RFE and resulting delay by sending just the most recent?

Edited by Anh map

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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The instructions state the three previous tax returns must be included.

As stated the instructions do NOT state this. They state the last three years taxes should be FILED, that means with the IRS, not USCIS. USCIS does require that you at least state the income from the previous three years, but only the most recent return document needs to be included.

Edited by Vanessa&Tony

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The reasons that it is recommended to send the last 3 is that it proves that you've complied with the requirement (I-864 instructions page 8) to have filed tax returns for the past 3 years. Also it can be of benefit in showing a trend in income. Having a lower income in the preceding years does not disqualify a sponsor. The current and continuing income is what is most important.

This is not the same affidavit of support as submitted with the K1 petition. The standards/expectations are typically higher.

Why risk a possible RFE and resulting delay by sending just the most recent?

Yes, it is recommended, and I did send mine as well. However, it is not a requirement. It clearly states on the I-864 that it is optional to send in all 3 years worth.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Yes, it is recommended, and I did send mine as well. However, it is not a requirement. It clearly states on the I-864 that it is optional to send in all 3 years worth.

Correct. But, what is the point that you are wanting to make?

The requirement that I referenced is that a sponsor has filed tax returns (or supplied proof of why they were not required to file) for the previous 3 years. What better proof to supply a CO than an IRS transcript?

Isn't the goal here on VJ to give advice that helps others be successful? Members have found many things that are not "required" but make a difference. Debating the letter of the law or parsing the instructions is a losing game. Most people seeking information here want to get a visa for their loved one and move on with their lives.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Correct. But, what is the point that you are wanting to make?

The requirement that I referenced is that a sponsor has filed tax returns (or supplied proof of why they were not required to file) for the previous 3 years. What better proof to supply a CO than an IRS transcript?

Isn't the goal here on VJ to give advice that helps others be successful? Members have found many things that are not "required" but make a difference. Debating the letter of the law or parsing the instructions is a losing game. Most people seeking information here want to get a visa for their loved one and move on with their lives.

The point was that the rules for the I-864 do not state you must send in the last 3 years tax transcripts. It states it is only required to send in the most recent year. I have seen posts from people on VJ stating they only sent the most recent year and were fine, so it is not a definite outcome that someone will get an RFE for following the guidelines set out on the I-864 form itself.

However, you are correct in that we are supposed to provide the best advice that will be most helpful to people asking questions here. So, from now on, I will point out the form states you are only required to send in the most recent year, but for peace of mind, you might want to consider sending in all 3 years worth of tax transcripts from the IRS.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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