Affidavit of Support

[Andy N 0]

I have a situation. I'm currently a student, 20, and got married to a non-citizen who lives here on a student visa. Everything is ok up until I sent the I-485 package. The USCIS sent me a letter saying I needed to submit an I-864 and hand wrote 2010 tax form. I didn't make enough so my mom is co-sponsoring. She worked 2011 and 2010, but only had the 2010 form on her at the time so we sent that. She is self-employed. What are the chances the office would accept this? She made sufficient income both years. Does she necessarily have to claim my spouse and I as dependents on her 2011 return? I'm in a messy situation, and in case I need it, how would I go about changing co-sponsors?

[Caryh 5,206]

I have a situation. I'm currently a student, 20, and got married to a non-citizen who lives here on a student visa. Everything is ok up until I sent the I-485 package. The USCIS sent me a letter saying I needed to submit an I-864 and hand wrote 2010 tax form. I didn't make enough so my mom is co-sponsoring. She worked 2011 and 2010, but only had the 2010 form on her at the time so we sent that. She is self-employed. What are the chances the office would accept this? She made sufficient income both years. Does she necessarily have to claim my spouse and I as dependents on her 2011 return? I'm in a messy situation, and in case I need it, how would I go about changing co-sponsors?

Hopefully they will understand the 2011 taxes were not completed yet. Looks like they were only asking for the 2010 though. No she does not need to claim you or your spouse as a dependents on her taxes to be a cosponsor. If the two of your are her dependents based on IRS rules, she still could though. Usually they want to see your tax statement to, you are the primary sponsor and need to fill out an affidavit of support to. The cosponsor only comes into play if your spouse gets need based benefits from the government and they cannot collect that cost from you, as the primary sponsor, because your income is too low.

[Andy N 0]

Hopefully they will understand the 2011 taxes were not completed yet. Looks like they were only asking for the 2010 though. No she does not need to claim you or your spouse as a dependents on her taxes to be a cosponsor. If the two of your are her dependents based on IRS rules, she still could though. Usually they want to see your tax statement to, you are the primary sponsor and need to fill out an affidavit of support to. The cosponsor only comes into play if your spouse gets need based benefits from the government and they cannot collect that cost from you, as the primary sponsor, because your income is too low.

I understand. I filed the I-864 for myself and the I-864a for my mother. Things are just really hectic. My spouse's and my income total is just under 5k for 2011 because I only worked temporarily for Summer. I filed a return Married Jointly with my spouse being sure I checked that we were being claimed as dependents, but not by my mother. So all in all, it doesn't matter who claims my spouse and I as dependents so long as the co-sponsor provides sufficient income? Correct?

I really hope they do accept my mother's 2010 return. Things aren't so easy with her. In the worst case, I may need to switch co-sponsor. How would I go about that? Would I write a letter along with the amended I-864 and I-864a and send it to the office?

[KayDeeCee 4,891]

I have a situation. I'm currently a student, 20, and got married to a non-citizen who lives here on a student visa. Everything is ok up until I sent the I-485 package. The USCIS sent me a letter saying I needed to submit an I-864 and hand wrote 2010 tax form. I didn't make enough so my mom is co-sponsoring. She worked 2011 and 2010, but only had the 2010 form on her at the time so we sent that. She is self-employed. What are the chances the office would accept this? She made sufficient income both years. Does she necessarily have to claim my spouse and I as dependents on her 2011 return? I'm in a messy situation, and in case I need it, how would I go about changing co-sponsors?

I understand. I filed the I-864 for myself and the I-864a for my mother. Things are just really hectic. My spouse's and my income total is just under 5k for 2011 because I only worked temporarily for Summer. I filed a return Married Jointly with my spouse being sure I checked that we were being claimed as dependents, but not by my mother. So all in all, it doesn't matter who claims my spouse and I as dependents so long as the co-sponsor provides sufficient income? Correct?

I really hope they do accept my mother's 2010 return. Things aren't so easy with her. In the worst case, I may need to switch co-sponsor. How would I go about that? Would I write a letter along with the amended I-864 and I-864a and send it to the office?

First of all, you should fill in your timeline so people know what visa you are adjusting from, and where you are in the process. You posted this in the K-1 forum, so I will go ahead and assume you are adjusting status from a K-1.

Let me try and get it all clear and straight here.. you filed the I-864 and your mother filed the I-864A, correct? Do you live with your mother? The I-864A is used when a relative you reside with is combing their income with yours to meet the 125% poverty level. You are not her dependent, so if she had enough on her own to cover herself, spouse, and any other dependents plus your wife, then she could have filled out her own I-864 instead (and needed to as well if you do not live with her). For self-employed, they look at line 22 of the 1040. If line 22 of her 2010 taxes is enough to cover her household plus your wife, then she is fine as a co-sponsor. http://www.uscis.gov/files/form/i-864p.pdf

USCIS said they want your 2010 tax return, not hers, correct? Did you file taxes for 2010? If you did, send a tax transcript of your 2010 taxes. If you did not because your income was too low or you had 0 income, you have to write a letter explaining why you were not legally required to file taxes for 2010 and state how much you made that year to prove the IRS did not require you to file.

I am not sure why you want to switch up co-sponsors now, but if you do, I suppose you can send a letter along with your RFE explaining that you no longer wish to use your mother as a co-sponsor, and are now using, XnameX. Your new co-sponsor must provide their own I-864, letter from employer, a few months worth of their most recent pay stubs, the most recent year's tax transcript(or a complete copy of their return including the 1040 plus any schedules and attachments along with any W-2s and/or 1099s), and proof of being a USC or LPR. Copy of birth certificate, naturalization, bio page of US passport or front and back copy of green card. (your mother should have sent this as well, along with proof of relationship to you since she used the I-864A)

[Andy N 0]

First of all, you should fill in your timeline so people know what visa you are adjusting from, and where you are in the process. You posted this in the K-1 forum, so I will go ahead and assume you are adjusting status from a K-1.

Let me try and get it all clear and straight here.. you filed the I-864 and your mother filed the I-864A, correct? Do you live with your mother? The I-864A is used when a relative you reside with is combing their income with yours to meet the 125% poverty level. You are not her dependent, so if she had enough on her own to cover herself, spouse, and any other dependents plus your wife, then she could have filled out her own I-864 instead (and needed to as well if you do not live with her). For self-employed, they look at line 22 of the 1040. If line 22 of her 2010 taxes is enough to cover her household plus your wife, then she is fine as a co-sponsor. http://www.uscis.gov/files/form/i-864p.pdf

USCIS said they want your 2010 tax return, not hers, correct? Did you file taxes for 2010? If you did, send a tax transcript of your 2010 taxes. If you did not because your income was too low or you had 0 income, you have to write a letter explaining why you were not legally required to file taxes for 2010 and state how much you made that year to prove the IRS did not require you to file.

I am not sure why you want to switch up co-sponsors now, but if you do, I suppose you can send a letter along with your RFE explaining that you no longer wish to use your mother as a co-sponsor, and are now using, XnameX. Your new co-sponsor must provide their own I-864, letter from employer, a few months worth of their most recent pay stubs, the most recent year's tax transcript(or a complete copy of their return including the 1040 plus any schedules and attachments along with any W-2s and/or 1099s), and proof of being a USC or LPR. Copy of birth certificate, naturalization, bio page of US passport or front and back copy of green card. (your mother should have sent this as well, along with proof of relationship to you since she used the I-864A)

To my understanding, I as the petitioner must fill out the I-864 and if my income didn't meet the requirements, I need to have a co-sponsor fill out the I-864a. That was what I found to do according the the guidelines here. I assume they wanted my 2010 but I didn't work then. My situation is a bit difficult and in case I need to switch co-sponsorers, I would write a letter explaining my reason as well as sending the required documents. My question would be is that the new co-sponsor need to send an I-864 or I-864a to accompany my I-864? He's my wife's uncle.

[JimVaPhuong 4,863]

To my understanding, I as the petitioner must fill out the I-864 and if my income didn't meet the requirements, I need to have a co-sponsor fill out the I-864a. That was what I found to do according the the guidelines here. I assume they wanted my 2010 but I didn't work then. My situation is a bit difficult and in case I need to switch co-sponsorers, I would write a letter explaining my reason as well as sending the required documents. My question would be is that the new co-sponsor need to send an I-864 or I-864a to accompany my I-864? He's my wife's uncle.

Read the instructions for the forms. Someone who submits an I-864A is NOT a joint sponsor. They are a qualified household member who is agreeing to make their income available to help the primary sponsor qualify. The I-864 is a contract between a sponsor and the US government. The I-864A is a contract between a household member and a sponsor. A qualified household member can be a relative living in the same household as the sponsor (spouse, adult child, parent, or sibling), or someone who the sponsor claims as a dependent on their tax return, regardless of where that dependent lives.

So, in order for your mother to submit an I-864A you must be living with her. You must fill out and sign part 2, section 13, of her I-864A. She has to fill out and sign the rest. In addition, you have to include your mom's income in section 24.b of YOUR I-864, and check box 24.d. REMEMBER - Your mother is NOT a joint sponsor if she's submitting an I-864A. She's a household member who is helping YOU to qualify as a sponsor.

If your mother is not living with you then she's not a qualified household member. She needs to fill out and submit an I-864, just like you, and she can be a joint sponsor. The same applies to ANY joint sponsor.

[Andy N 0]

Read the instructions for the forms. Someone who submits an I-864A is NOT a joint sponsor. They are a qualified household member who is agreeing to make their income available to help the primary sponsor qualify. The I-864 is a contract between a sponsor and the US government. The I-864A is a contract between a household member and a sponsor. A qualified household member can be a relative living in the same household as the sponsor (spouse, adult child, parent, or sibling), or someone who the sponsor claims as a dependent on their tax return, regardless of where that dependent lives.

So, in order for your mother to submit an I-864A you must be living with her. You must fill out and sign part 2, section 13, of her I-864A. She has to fill out and sign the rest. In addition, you have to include your mom's income in section 24.b of YOUR I-864, and check box 24.d. REMEMBER - Your mother is NOT a joint sponsor if she's submitting an I-864A. She's a household member who is helping YOU to qualify as a sponsor.

If your mother is not living with you then she's not a qualified household member. She needs to fill out and submit an I-864, just like you, and she can be a joint sponsor. The same applies to ANY joint sponsor.

So does it necessarily matter who is the sponsor then? In the worst case, my wife's uncle my need to be the sponsor. If it comes to that, what is the effect of him being the sponsor as opposed to me? He wants this as much as I do. Basically, is there anyway I can retract all information of the I-864 and redo it? It has already been submitted and I'm trying my best to avoid the worst. So as things stand, I am the petitioner, and I need to find a willing sponsor (who can be anyone that has sufficient income) for my wife. My mother has a lot of things that went on last year and if the office asks for the 2011, I don't know if she can provide it. Hence the option of changing sponsors.

Edited March 29, 2012 by Andy N

[KayDeeCee 4,891]

So does it necessarily matter who is the sponsor then? In the worst case, my wife's uncle my need to be the sponsor. If it comes to that, what is the effect of him being the sponsor as opposed to me? He wants this as much as I do. Basically, is there anyway I can retract all information of the I-864 and redo it? It has already been submitted and I'm trying my best to avoid the worst. So as things stand, I am the petitioner, and I need to find a willing sponsor (who can be anyone that has sufficient income) for my wife. My mother has a lot of things that went on last year and if the office asks for the 2011, I don't know if she can provide it. Hence the option of changing sponsors.

You are the sponsor, period. There is no 'as opposed to me' option. You were the petitioner and the USC spouse. You are the primary sponsor. You must fill out an I-864 and provide all the necessary documents. As I said before, you must provide your tax returns they are asking for. If you did not file, you must provide a statement that explains why you legally did not have to file.

The whole thing is a mess right now, whether you use your mother as the joint sponsor or not. If you do not reside with your mother, she needs to fill out an I-864 instead, and you both need to send in whatever the USCIS is asking of you. If you choose to write a letter explaining you had your mother fill out the I-864A by mistake and are including documents for another joint sponsor instead, then I am still sticking to what I said in my above post, last paragraph, about what is needed to send.

[Andy N 0]

You are the sponsor, period. There is no 'as opposed to me' option. You were the petitioner and the USC spouse. You are the primary sponsor. You must fill out an I-864 and provide all the necessary documents. As I said before, you must provide your tax returns they are asking for. If you did not file, you must provide a statement that explains why you legally did not have to file.

The whole thing is a mess right now, whether you use your mother as the joint sponsor or not. If you do not reside with your mother, she needs to fill out an I-864 instead, and you both need to send in whatever the USCIS is asking of you. If you choose to write a letter explaining you had your mother fill out the I-864A by mistake and are including documents for another joint sponsor instead, then I am still sticking to what I said in my above post, last paragraph, about what is needed to send.

I see. So I am right to submitting my own I-864, but due to insufficient income, I need a joint sponsor who in turn needs to submit their own I-864 if they don't reside with us (my wife's uncle).

Depending on what the office sends me next, my best bet is to write a letter explaining my circumstances and to revoke my mother's information and replace it with a I-864 by my wife's uncle if the situation calls for it.

[Ryan H 3,790]

Moved from K1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum. OP has indicated their spouse is in the US on a student visa and has filed for Adjustment of Status after having married.

[JimVaPhuong 4,863]

I see. So I am right to submitting my own I-864, but due to insufficient income, I need a joint sponsor who in turn needs to submit their own I-864 if they don't reside with us (my wife's uncle).

Depending on what the office sends me next, my best bet is to write a letter explaining my circumstances and to revoke my mother's information and replace it with a I-864 by my wife's uncle if the situation calls for it.

From what you've written so far, you've already received in RFE because your affidavit of support and supporting documents were considered to be insufficient. USCIS doesn't usually issue a second RFE for the same thing. If you don't respond to this RFE, and get it RIGHT, then they'll probably just deny the AOS. We haven't read the RFE you received, but you indicate that it said you were to submit the 2010 tax form. You also said that you already included your mother's 2010 tax form. If you don't respond with AT LEAST what they've asked for then your response will be considered insufficient, and you'll likely be denied.

So...

You say you filed a joint return with your wife for 2010. Did you include a copy of that return? If so, was it a COMPLETE copy, including every form and supporting document that you submitted to the IRS (if you eFiled then it should be a copy of every form and supporting document you would have submitted if you'd filed a paper return)? Did you sign the return?

You say you submitted your mother's 2010 tax return. Was it a complete copy, as described above?

People screw up the tax return all the time because they don't include everything. That's why it's strongly recommended that you get a tax return transcript from the IRS and submit that. USCIS prefers them, and no other supporting documents are required. They're free, and you'll usually get them in less than two weeks. Just call the IRS.

You CAN submit a new joint sponsor, if you like. Your joint sponsor must complete an I-864, and they must include their most recent tax return as well as proof that they are either a US citizen or LPR domiciled in the United States.

Check the response date on the RFE letter, as well. They usually give you no more than 12 weeks to respond.

[Andy N 0]

From what you've written so far, you've already received in RFE because your affidavit of support and supporting documents were considered to be insufficient. USCIS doesn't usually issue a second RFE for the same thing. If you don't respond to this RFE, and get it RIGHT, then they'll probably just deny the AOS. We haven't read the RFE you received, but you indicate that it said you were to submit the 2010 tax form. You also said that you already included your mother's 2010 tax form. If you don't respond with AT LEAST what they've asked for then your response will be considered insufficient, and you'll likely be denied.

So...

You say you filed a joint return with your wife for 2010. Did you include a copy of that return? If so, was it a COMPLETE copy, including every form and supporting document that you submitted to the IRS (if you eFiled then it should be a copy of every form and supporting document you would have submitted if you'd filed a paper return)? Did you sign the return?

You say you submitted your mother's 2010 tax return. Was it a complete copy, as described above?

People screw up the tax return all the time because they don't include everything. That's why it's strongly recommended that you get a tax return transcript from the IRS and submit that. USCIS prefers them, and no other supporting documents are required. They're free, and you'll usually get them in less than two weeks. Just call the IRS.

You CAN submit a new joint sponsor, if you like. Your joint sponsor must complete an I-864, and they must include their most recent tax return as well as proof that they are either a US citizen or LPR domiciled in the United States.

Check the response date on the RFE letter, as well. They usually give you no more than 12 weeks to respond.

Lets just hope that isn't the case. I'm a student and didn't work 2010, only 2011, besides, it wouldn't have been enough. According to the RFE, they wanted a complete I-864 and tax return information hand written that specified 2010. So from what I've gathered so far, I submitted a I-864 in my name and a I-864a in my mother's because she is assisting me in the income requirement. She lives with us so according to what has been posted, she doesn't need to file a separate I-864. Her 2011 is still in progress because she had a lot of stuff going on with that, but the income on that is more than 2010. I was only able to submit her 2010 because it was all she had at the time and I didn't want to delay the response any further.

As I will reiterate, in case things turn for the worst on my mother's side, I may need to change joint sponsor to my wife's uncle who does not reside with us. From what I've understand, he will need to fill out a separate I-864 in his name along with the proof of residency documents in which case I will have to write a letter explaining the situation. Correct me if I'm wrong in any part of my statement.

What is the probability of USCIS denying my AOS forms? If that happens, how can I fix it? I'm doing my best, but there is just too many variables to account for. Sometimes they'll accept this, sometimes they'll reject that. It's very stressful.

[NancyNguyen 1,657]

1. Tell you mom to order tax transcript for 2010. Tax 2011 is about to be due so I concern. I urge her to finish it and so you can have a copy of 2011 tax return with ALL FORMS. If only 2010 is available, annual income can be estimated.

2. She (as well as your uncle) is not living with you? So they must sign I-864 same as yours.

If you don't make it right this time, the I-845 will be rejected and you end up losing a lot. You can ask for legal consultation from an immigration lawyer in area.

[Harpa Timsah 13,258]

Does your mother qualify for 2011? It sounds like she only qualifies for 2010, and not for 2011. If her current income (yours and hers together) is not sufficient, then it will be denied.

[KayDeeCee 4,891]

Lets just hope that isn't the case. I'm a student and didn't work 2010, only 2011, besides, it wouldn't have been enough. According to the RFE, they wanted a complete I-864 and tax return information hand written that specified 2010. So from what I've gathered so far, I submitted a I-864 in my name and a I-864a in my mother's because she is assisting me in the income requirement. She lives with us so according to what has been posted, she doesn't need to file a separate I-864. Her 2011 is still in progress because she had a lot of stuff going on with that, but the income on that is more than 2010. I was only able to submit her 2010 because it was all she had at the time and I didn't want to delay the response any further.

As I will reiterate, in case things turn for the worst on my mother's side, I may need to change joint sponsor to my wife's uncle who does not reside with us. From what I've understand, he will need to fill out a separate I-864 in his name along with the proof of residency documents in which case I will have to write a letter explaining the situation. Correct me if I'm wrong in any part of my statement.

What is the probability of USCIS denying my AOS forms? If that happens, how can I fix it? I'm doing my best, but there is just too many variables to account for. Sometimes they'll accept this, sometimes they'll reject that. It's very stressful.

Like I said, you write a statement that you are a student and you only made $xx amount. Explain that you did not file taxes because your income was too low to be legally required to file by the IRS. You send that instead of the 2010 taxes they are asking for that you never filed. It is what you were supposed to send in the first place. It is stated in the instructions for the I-864. I would also send in a copy of your 2011 taxes on top of that.

If you cannot get your mother's 2011 taxes done right now, and that is what they are asking for, have her file an extension and send proof that she filed an extension for 2011. Was her self-employed income from line 22 of her 1040 on her 2010 taxes you sent, added with your income on your I-864 enough combined to reach the 125% for your household size? I am thinking that would be 3, you, your wife and mother, so $23,862 combined.

When the joint sponsor fills out their own separate I-864, then they need to qualify all on their own for their own household size plus your wife. If your mother has no other dependents and it is just her, if she had filled out the I-864, then her household count would only be herself plus your wife, and she would only need to show $18,912 for a household of 2. If your mother does have others in her household count, scratch all that and you must add them into the mix as well, which raises the amount you would need. This applies to the uncle as well. He needs enough to cover his own household size plus your wife. http://www.uscis.gov/files/form/i-864p.pdf

Edited March 29, 2012 by Jay-Kay