Affidavit of Support

[Andy N 0]

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

I see. Thank you. Depending on what the office responds with, I will follow the above. As for the extension for the 2011 return, can you please go in depth as to what that is? Her income for 2010 does qualify for 3 people. When asked about her 2011 income, I put in an estimate, the only thing that worries me is that I didn't send the 2011 return because i didn't have it. I honestly hope they understand that we do meet the requirement, the papers just aren't finish. I'm not sure whether or not to just send in an amended form that explains to revoke my mother's information and replace it with the uncle's because he makes well enough. Would it be better to wait for a response from USCIS or go ahead and send in my wife's uncle's papers because I'm currently unsure about my mother's papers, and if the office asks for it, I'm afraid I may not have it to give.