affadavit of support headache

[Kristy 8]

Hey everyone,

Long story short, my dad is going to be the co sponsor for my fiance's visa. I know that when you submit an Affadavit of Support for the Adjustment of Status stage, you're required to submit three years information on tax returns. The thing is, my dad received a raise in October of 2011 that would make him able to be the co sponsor. Is it going to be a problem that the previous years before he didn't make enough? Also, I was a student until recently and didn't work much. I can't even remember if I filed a tax return last year. Is this going to be a problem. Thanks for the help guys.

[Ryan H 3,790]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Family Based Visas forum. OP has stated their inquiry is related the Adjustment of Status process after entry to the US on a K1 visa.

[VanessaTony 3,567]

Hey everyone,

Long story short, my dad is going to be the co sponsor for my fiance's visa. I know that when you submit an Affadavit of Support for the Adjustment of Status stage, you're required to submit three years information on tax returns. The thing is, my dad received a raise in October of 2011 that would make him able to be the co sponsor. Is it going to be a problem that the previous years before he didn't make enough? Also, I was a student until recently and didn't work much. I can't even remember if I filed a tax return last year. Is this going to be a problem. Thanks for the help guys.

You're not required to SUBMIT 3 years, you're required to have filed 3 years and list those 3 years on the I-864. only the most recent is required to be sent with I-864. Previous income doesn't matter, CURRENT income matters. My husband earned really crappy wages the year before I arrived because he was studying fulltime. We had zero issues.

You should order IRS transcripts online for the last 3 years and if you didn't file taxes you'd find out 'cause they'll send you a notice saying nothing on record. If you didn't file and you SHOULD have you need to file back taxes. If you didn't file because you didn't earn enough or whatever then you need to include a letter stating why you weren't required to file.

[KayDeeCee 4,891]

Hey everyone,

Long story short, my dad is going to be the co sponsor for my fiance's visa. I know that when you submit an Affadavit of Support for the Adjustment of Status stage, you're required to submit three years information on tax returns. The thing is, my dad received a raise in October of 2011 that would make him able to be the co sponsor. Is it going to be a problem that the previous years before he didn't make enough? Also, I was a student until recently and didn't work much. I can't even remember if I filed a tax return last year. Is this going to be a problem. Thanks for the help guys.

If he is currently qualified to be the joint sponsor, then he is. It is not based on his past income. He just needs to list the income amount from the past 3 years on the I-864 form for question #25. The 125% requirement is not based on those figures. It will be based on the amount he provides as his current income for questions #23 and 24 and/or current assets(if using) from part 7 - #26.

If you did not earn enough to be required to file taxes, then you need to provide a statement explaining why you were not legally obligated to file. IRS Pub 17 states you did not have to file if you were single and made less than $9,500: http://www.irs.gov/publications/p17/ch01.html#en_US_2011_publink1000170407

[greatk 3]

Adding my 2 cents..

When i filed my AOS My wife also was a student for all the years and therefore didn't file her own tax return but was a dependent on her parents return.

Therefore, you can just call IRS and they will FAX you the Transcript verifying the Non-Filing of Tax Return for the most recent tax Year

Below are the items i sent to USCIS and i have also attachment letter for no income earned during year 2xxx document.

To be on the safe side i also sent the filing requirement sheet from the 1040 instruction to USCIS.

I-864, Affidavit of Support, filled out by my sponsor (Petitioner), Wife’s Name, and supporting documents:

• Transcript from Internal Revenue Service verifying the Non-Filing of Tax Return for the Period Year

• Letter for No Income Earned During Year 2009

• Copy of Income Tax ‘Filing Requirement’ Sheet for the year 2009 from Internal Revenue Service Form 1040 Instructions showing not obligated to file if $0

income is earned.

Cheers and Good Luck!