Questions about AOS

[reginakrys 33]

A little background on our case: My husband was born in California to Filipino parents - which makes him a US citizen at birth. He came to the Philippines when he was 5 months old, and returned to the US last September 2011. We have a child born in wedlock, but our daughter is not eligible for US citizenship because my husband didn't meet the residency requirements.

1. Under the Child Citizenship Act, our daughter will become a USC when she enters the US on an immigrant visa, right? So my husband has to fill up an I-864W for her, and not the usual I-864?

2. My husband's ITR 2011 only shows an income of 14k, but it's only 5 months worth of work since he only started last September (and visited us here in the Philippines Last Feb-March 2012). Will they take into account that 14k is only for 5 months worth of work, and not the whole year's income? Would they even know it's only for 5 months, and not the whole year? Would you recommend getting a joint sponsor?

3. If we do need to get a joint sponsor, we need to get the same documents as the principal sponsor, right? So, an I-864 for me and an I-864 (or I-864W) for my daughter, and all the supporting documents? Our joint sponsor is self-employed, by the way, and my husband has mentioned that she cannot show her W-2 since it is combined with her business partner. Is it possible to send the joint sponsor's ITR without the W-2?

I'm not very familiar with US tax stuff, so forgive me if some of my questions sound dumb. Thank you very much for your time and effort in answering my questions.

[pushbrk 12,115]

A little background on our case: My husband was born in California to Filipino parents - which makes him a US citizen at birth. He came to the Philippines when he was 5 months old, and returned to the US last September 2011. We have a child born in wedlock, but our daughter is not eligible for US citizenship because my husband didn't meet the residency requirements.

1. Under the Child Citizenship Act, our daughter will become a USC when she enters the US on an immigrant visa, right? So my husband has to fill up an I-864W for her, and not the usual I-864?

2. My husband's ITR 2011 only shows an income of 14k, but it's only 5 months worth of work since he only started last September (and visited us here in the Philippines Last Feb-March 2012). Will they take into account that 14k is only for 5 months worth of work, and not the whole year's income? Would they even know it's only for 5 months, and not the whole year? Would you recommend getting a joint sponsor?

3. If we do need to get a joint sponsor, we need to get the same documents as the principal sponsor, right? So, an I-864 for me and an I-864 (or I-864W) for my daughter, and all the supporting documents? Our joint sponsor is self-employed, by the way, and my husband has mentioned that she cannot show her W-2 since it is combined with her business partner. Is it possible to send the joint sponsor's ITR without the W-2?

I'm not very familiar with US tax stuff, so forgive me if some of my questions sound dumb. Thank you very much for your time and effort in answering my questions.

Because she was born out of wedlock, it is not entirely clear to me that the daughter will become a USC automatically upon entry. Although technically your husband's natural child is eligible, it has not yet been established this child is his natural child.

Your husband will disclose information about three past years of tax return information but it is his "current income" that will qualify him to sponsor. If he's working at that job now earning $33,600 (That's $14,000 divided by 5 then multiplied by 12 months.) then that's what he states as as current income.

When there IS no W2, then there is NO W2. Self employed people don't have W2 forms. If you're husband still has that job and it's just the three of you, you would not need a joint sponsor.

Once you're in the USA, I would just apply for a passport for the daughter. If any documentation is requested as evidence she's your husband's natural child, it will be asked for. They may require DNA testing. Since this is the Philippines, I expect they will, as the husband you were not married to at the time of birth will not have his name shown on the child's birth certificate. Right?

Edited May 13, 2012 by pushbrk

[Tygrys 143]

Because she was born out of wedlock...

She stated that the child was born IN wedlock.

[Ryan H 3,790]

We have a child born in wedlock, but our daughter is not eligible for US citizenship because my husband didn't meet the residency requirements.

Because she was born out of wedlock,

The OP stated her and her husband's child was born in wedlock.

[reginakrys 33]

Because she was born out of wedlock, it is not entirely clear to me that the daughter will become a USC automatically upon entry. Although technically your husband's natural child is eligible, it has not yet been established this child is his natural child.

Your husband will disclose information about three past years of tax return information but it is his "current income" that will qualify him to sponsor. If he's working at that job now earning $33,600 (That's $14,000 divided by 5 then multiplied by 12 months.) then that's what he states as as current income.

When there IS no W2, then there is NO W2. Self employed people don't have W2 forms. If you're husband still has that job and it's just the three of you, you would not need a joint sponsor.

Once you're in the USA, I would just apply for a passport for the daughter. If any documentation is requested as evidence she's your husband's natural child, it will be asked for. They may require DNA testing. Since this is the Philippines, I expect they will, as the husband you were not married to at the time of birth will not have his name shown on the child's birth certificate. Right?

Our daughter was born IN wedlock, and both our names are on her birth certificate.

He only filed taxes for 2011 because he only starting working in the US last September. He previously had a job here in the Philippines for 5 months, earning about Php20,000 a month, but I think it falls under the minimum required to file taxes(?) - not sure of the correct term for this. I had him prepare a letter explaining why he didn't file for the previous years.

So, in relation to form I-864, he puts $33,600 on #23 of I-864? And it wouldn't matter if his ITR only shows 14k? Also, on number 25, he wouldn't tick any box, right? And for the 2nd and 3rd most recent tax years, he would put 0?

Hmm, he still has that job but now works less hours because of less demand - he is a home health nurse and recently, the number of patients has decreased. However, on the days he doesn't do home health, he works at a clinic, but earns less than he does working for home health.

[pushbrk 12,115]

Our daughter was born IN wedlock, and both our names are on her birth certificate.

He only filed taxes for 2011 because he only starting working in the US last September. He previously had a job here in the Philippines for 5 months, earning about Php20,000 a month, but I think it falls under the minimum required to file taxes(?) - not sure of the correct term for this. I had him prepare a letter explaining why he didn't file for the previous years.

So, in relation to form I-864, he puts $33,600 on #23 of I-864? And it wouldn't matter if his ITR only shows 14k? Also, on number 25, he wouldn't tick any box, right? And for the 2nd and 3rd most recent tax years, he would put 0?

Hmm, he still has that job but now works less hours because of less demand - he is a home health nurse and recently, the number of patients has decreased. However, on the days he doesn't do home health, he works at a clinic, but earns less than he does working for home health.

Sorry, I misread in wedlock as out of wedlock. Should be no issue with either an I-864W or the passport application.

Current income is current income. 2011 is the past. Separate them in your mind. If your husband's hours vary, I would take his year to date income from his last pay stub for April's work. He probably has that now. Take the total and multiply by 3 to find current annual income. The number IS what it IS but as long as it is over the about $19,000 required minimum, you're good to go.