Affidavit of Support (I-864)

[Christina_Joseph 0]

I recently got married in Egypt being 23 years old, and after returning to America I have decided to start the process of immigration for my Husband. I have already filed the I-130 and mailed it to USCIS in Chicago, IL. I am waiting for them to acknowledge receipt and approve it, then hopefully forward it to NVC. In the meantime I have done research about the next step. This is preparing the Affidavit of Support (I-864). However, I am coming across what I feel is a huge dilemma. As a requirement of the I-864, they are requesting the last 3 years of Federal Tax Returns. These tax returns must consecutively meet the Poverty Guidelines for the year. The current amount for a Household of 2 is: $18,387.00 (However, when I filed 2008, 2009 & 2010 taxes, I was not married). So how can I be responsible to meet the requirement of 2 people? These guidelines are said to be for the sponsor. So I do believe this includes me. Additionally I did not meet the requirement for 2 of the 3 years (Poverty Guideline). In 2008, I exceeded the required 18K; however in 2009/2010 I did not meet the requirement. I do not own any assets except my vehicle (the only one) which is financed and has money owed on it. I am also currently unemployed as I have just returned from visiting my husband in his home country. Additionally I have lived all my life in my parents’ home. I am aware that I can file a I-864a with the ability to use my parents income. However, both of my parents are retired and my father is collecting social security. In addition, the last 3 years of his taxes: 2008/2009 & 2010 are in the negative +-40K each. However he does own assets. He has 3 homes (2 rentals, and our primary residence). However he has mortgages on all 3 and because of the current real estate market, the houses are all almost upside down. So if USCIS does the math (appraised value – money owed = almost nothing), I am not sure they can consider them to be assets. Finally my parents have 3 cars total: (1 financed and 2 paid off). Which if you go by asset only, the cars are worth about 16K combined (not including the financed one) or (my car that is financed). I am having an extremely difficult time figuring out what I can do. I am sure I will not qualify using my information alone, and I am unsure that submitting my parents information will help. I do not know what to do! Can someone please help me or point me in the right direction?

I really wish that USCIS ran credit checks. Because if they did, I think I would be okay.

Thanks for reading!

[together4evr 360]

what will your 2011 taxes be. It is very likely that when u send paperwork to nvc you will have your 2011 taxes to submit

[Christina_Joseph 0]

2011 taxes should be above 19K

[together4evr 360]

Egypt can be a hard interview. You will,need a cosponser whi makes more than required for 3 years. But do your taxes as soon as you can cause it takes about 6 weeks to get the tax transcripts. Assests do not have to be accepted. They like money. They will not like cars as assets unless you have 2. Your parents assests will need to be 5 times the required amount. I think u need a better cosponser

[kokylolo 7]

2011 taxes should be above 19K

According to my attorney friend, all you need is to make enough money currently to support him.

[Christina_Joseph 0]

According to my attorney friend, all you need is to make enough money currently to support him.

How much money is enough money to support him.

Thank-you

[together4evr 360]

You are correct. Only need to send most recent tax returns. But we are dealing with egypt and I have seen a couple people delayes until they found another sponser. The current amount needed is almost 18,400

[together4evr 360]

Congrats on your marriage!

[And_Sam 44]

Congratulations on your marriage!

And yes, they will look to your previous years of income tax return. Being retired and on social security doesn't matter as far as your parents being your cosponsor for your husband, but they do have to have the allotted amount above the poverty line. It's good that you are preparing ahead of time for the pending paperwork you will be filling out for your husband. I would suggest to look towards another cosponsor who does meet the qualifications to get your husband here. The government wants to make sure that you will beable to support your husband for a minimum of 10 years of him being here.

I know it feels like a pain in the neck because of the stipulations but it's for a good reason.

Good luck with your journey!

[pushbrk 12,975]

You wrote: These tax returns must consecutively meet the Poverty Guidelines for the year.

Don't know where you got that idea but it isn't true. Current income rules.

[pushbrk 12,975]

2011 taxes should be above 19K

The important number would be your total annual income as calculated on the day you sign the I-864. If your salary is X per year, then X is your current income. If you are paid hourly, then calculate Y per hour times the number of hours per week you work, times 52 and state that number as your current income.

There is no question about 2011 income on an I-864 submitted in 2011 but there will be when you submit yours in 2012. You'll be asked for total income for 09-2011 and for "current income".

Perhaps this would help. If you are executing an I-864 in May of 2012 and you just got a raise to 50 thousand from 30 thousand, you don't calculate what your income WILL BE for 2012. You state your current income as 50 thousand.

If you are submitting the affidavit in August and you've already made 30 thousand by June but just lost your job, your current income is zero, regardless of what the total for 2012 is likely to be or already is.

[Sayha or bust. 71]

You wrote: These tax returns must consecutively meet the Poverty Guidelines for the year.

Don't know where you got that idea but it isn't true. Current income rules.

Listen to Push, he is exactly right and if you current income is above 18,400 you should be fine. Chime in if I am wrong.

[yachachiq12 43]

If she's unemployed currently, as she states above, she can't self-sponsor (i.e., not use an additional sponsor) even with her 2011 income meeting 125% of the poverty guidelines for a household of 2, can she?

OP, I think you will need to be currently employed at the 125% figure. You will need to show your tax transcripts but the current income is the primary matter.

Social security income can count for meeting the figure, if there's enough to cover all in the "household" plus the immigrant.

[pushbrk 12,975]

If she's unemployed currently, as she states above, she can't self-sponsor (i.e., not use an additional sponsor) even with her 2011 income meeting 125% of the poverty guidelines for a household of 2, can she?

OP, I think you will need to be currently employed at the 125% figure. You will need to show your tax transcripts but the current income is the primary matter.

Social security income can count for meeting the figure, if there's enough to cover all in the "household" plus the immigrant.

Correct as to current income. Since the I-864 is not likely to be needed for at least 4 or 5 months and CAN be delayed for up to a year after it is requested, the solution is for this petitioner to get a job that pays enough to qualify as the sponsor.

The parents are NOT going to be able to help if their 2011 tax return also shows a loss instead of income. Retired landlords/real estate investors are treated as self-employed, meaning their current income next spring will be taken from line 22 of their tax return and then add the non-taxable portion (probably 100%) of the SS income. With say a 40k loss and 30k of SS income, that's still -10k.

[Ryan H 3,812]

I have decided to start the process of immigration for my Husband. I have already filed the I-130 and mailed it to USCIS in Chicago, IL. I am waiting for them to acknowledge receipt and approve it, then hopefully forward it to NVC.

The lockbox will acknowledge receipt and tell you which service center they are sending it to (CA or VT). The service center will inform you of the adjudication decision. If the petition is approved, it will be sent to the NVC.