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Filed: H-1B Visa Country: Pakistan
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Posted

My wife is a US citizen and makes less than 500$ per family for daycare (child care), hence no W2 or 1099. She has, however filed her taxes regularly. In the absence of her ability to sponsor me financially, does she still need to file I-864 as a petitioner with last 3 years' tax returns?

My friend is filing I-864 for me. He has two dependents i.e. his daughter's child support and he is sponsoring his own wife from abroad as well. His average annual income is around 45,000$. Does he qualify as sponsor for me? Further, Will he fill that up as "the only joint sponsor"? And do I really need all 3 years of his W2 and tax returns or just recent one will be sufficient?

Me being out of status, does my income reporting strengthen my case or is it not needed at all?

Thank you very much for your help.

Filed: Country: Monaco
Timeline
Posted

My wife is a US citizen and makes less than 500$ per family for daycare (child care), hence no W2 or 1099. She has, however filed her taxes regularly. In the absence of her ability to sponsor me financially, does she still need to file I-864 as a petitioner with last 3 years' tax returns?

My friend is filing I-864 for me. He has two dependents i.e. his daughter's child support and he is sponsoring his own wife from abroad as well. His average annual income is around 45,000$. Does he qualify as sponsor for me? Further, Will he fill that up as "the only joint sponsor"? And do I really need all 3 years of his W2 and tax returns or just recent one will be sufficient?

Me being out of status, does my income reporting strengthen my case or is it not needed at all?

Thank you very much for your help.

Your wife needs to file as the main petitioner and your friend can file as co-sponsor, provided his income meets the minimum required by the USCIS.

Take a look at the following website where you can work out how whether his income is sufficient.

http://www.uscis.gov/files/form/i-864p.pdf

The USCIS will be interested in his current income but I would recommend that you ask him for his tax transcripts for the past three years just in case you are asked.

Good luck!

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Posted

My wife is a US citizen and makes less than 500$ per family for daycare (child care), hence no W2 or 1099. She has, however filed her taxes regularly. In the absence of her ability to sponsor me financially, does she still need to file I-864 as a petitioner with last 3 years' tax returns?

Yes, she will still need to complete an I-864 and include the last three years of her tax returns-- it would be prudent to order tax transcripts from the IRS (they are free) as this is easiest way to file a complete I-864 as you do not need to keep track of all W2 etc.

My friend is filing I-864 for me. He has two dependents i.e. his daughter's child support and he is sponsoring his own wife from abroad as well. His average annual income is around 45,000$. Does he qualify as sponsor for me? Further, Will he fill that up as "the only joint sponsor"? And do I really need all 3 years of his W2 and tax returns or just recent one will be sufficient?

So your friend as a household size of 4 (himself, his spouse, his daughter & you), take a look at Form I-864P to determine if he qualifies.

Yes he will also complete an I-864, mark "only joint sponsor" & include all three years of his tax returns, W2s etc etc-- I again, I would look into ordering tax transcripts instead.

Me being out of status, does my income reporting strengthen my case or is it not needed at all?

Your income cannot be used.

Background Information

-Dec 2006: Arrived with an F1 visa

-Dec 2007: Met USC.

-Dec 2009: Got Engaged.

-Jan 2010: Fell out of Status.

-Oct 2010: Married USC.

-Feb 2012: Filed I-130/AOS

I-130/AOS Timeline

Day 0: 02/25/12: Mailed concurrent I-130/AOS Package to the Chicago Lockbox

Day 2: 02/27/12: Package arrived at the Chicago Lockbox.

Day 5: 03/01/12: Email acceptance confirmation received for Forms: I-130, I-485 & I-765.

Day 13: 03/09/12: NOA1s received for Forms: I-130, I-485 & I-765. Biometrics letter also received and scheduled for March 27th.

Day 24: 03/20/12: Email notification for RFE.

Day 27: 03/23/12: Hardcopy RFE received in the mail.

Day 31: 03/27/12: Biometrics completed.

Day 40: 04/05/12: Mailed off the RFE.

Day 44: 04/09/12: RFE Delivered.

Day 46: 04/11/12: USCIS received RFE and case updated online.

Day 55: 04/20/12: EAD approved!

Day 60: 04/25/12: Received 2nd "EAD in Production" Email.

Day 61: 04/26/12: EAD Mailed.

Day 63: 04/28/12: EAD in hand!

Day 74: 05/09/12: Interview date scheduled for June 12th.

Day 75: 05/10/12: Interview letter in hand.

Day 108: 06/12/12: Interview.

Day 110: 06/14/12: Received I-485 & I-130 approval emails.

Day 114: 06/18/12: Received I-130 & I-485 Approval hardcopies.

Day 115: 06/19/12: Received GC in production email.

Day 116: 06/20/12: Received "GC mailed" & "USPS picked up your GC" emails.

Day 118: 06/22/12: GC arrived in the mail

March 16th 2014: Eligible to file ROC.

March 16th 2015: Eligible to file for naturalization.

 
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