Jump to content
Sign in to follow this  
gjmoran15

Affidavit of support

5 posts in this topic

Recommended Posts

Dear readers,

I filed a petition for my dad(IR-5) in May 2012. It was approved by the USCIS in July 2012. A received a notification a month later about a fee I had to pay, It was the AOS fee. It was accompanied by instructions on how to fill out form DS-3032. I proceeded to pay the fee and send the form electronically. I received a response within 10 days. A second fee was generated(IV FEE), already paid. I've been doing a lot of reading and research on this Affidavit matter and I still have doubts on whether fill out one I864 and one I864A(first for me, second for my mother), as my mother is willing to combine her income with mine as a household member to sponsor my dad(they got divorced 10 years ago) or do we have to fill 2 individual I864 forms and in that way she becomes a joint sponsor. What is the correct form for this case? It's me my 2 sisters and my mom living at the same place, my 2 sisters are under 21.

My second questions is: Once the AOS package is reviewed by the NVC, if I stated my annual income as 0, would I really get in trouble as I am currently in college and I am working a part-time at a community church and my annual income is about 7k? Or do I have to state everything as it is so to avoid a possible problem? I am 21 already but I appeared as a dependent on my mom's last federal tax return.

I'd appreciate any of your answers, I really need some light on this matter.

Thanks in advance.

Share this post


Link to post
Share on other sites

Dear readers,

I filed a petition for my dad(IR-5) in May 2012. It was approved by the USCIS in July 2012. A received a notification a month later about a fee I had to pay, It was the AOS fee. It was accompanied by instructions on how to fill out form DS-3032. I proceeded to pay the fee and send the form electronically. I received a response within 10 days. A second fee was generated(IV FEE), already paid. I've been doing a lot of reading and research on this Affidavit matter and I still have doubts on whether fill out one I864 and one I864A(first for me, second for my mother), as my mother is willing to combine her income with mine as a household member to sponsor my dad(they got divorced 10 years ago) or do we have to fill 2 individual I864 forms and in that way she becomes a joint sponsor. What is the correct form for this case? It's me my 2 sisters and my mom living at the same place, my 2 sisters are under 21.

My second questions is: Once the AOS package is reviewed by the NVC, if I stated my annual income as 0, would I really get in trouble as I am currently in college and I am working a part-time at a community church and my annual income is about 7k? Or do I have to state everything as it is so to avoid a possible problem? I am 21 already but I appeared as a dependent on my mom's last federal tax return.

I'd appreciate any of your answers, I really need some light on this matter.

Thanks in advance.

With your income being very modest and her claiming you on her most recent tax return have mom do an I-864. It presents a clearer picture for the adjudicating officer.

You still complete an I-864 regardless of income as petitioner.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Share this post


Link to post
Share on other sites

With your income being very modest and her claiming you on her most recent tax return have mom do an I-864. It presents a clearer picture for the adjudicating officer.

You still complete an I-864 regardless of income as petitioner.

Thanks a lot for your answer. The most important part for me is for you to say "clearer picture". I have to do some more reading and analyze.

Share this post


Link to post
Share on other sites

Dear readers,

I filed a petition for my dad(IR-5) in May 2012. It was approved by the USCIS in July 2012. A received a notification a month later about a fee I had to pay, It was the AOS fee. It was accompanied by instructions on how to fill out form DS-3032. I proceeded to pay the fee and send the form electronically. I received a response within 10 days. A second fee was generated(IV FEE), already paid. I've been doing a lot of reading and research on this Affidavit matter and I still have doubts on whether fill out one I864 and one I864A(first for me, second for my mother), as my mother is willing to combine her income with mine as a household member to sponsor my dad(they got divorced 10 years ago) or do we have to fill 2 individual I864 forms and in that way she becomes a joint sponsor. What is the correct form for this case? It's me my 2 sisters and my mom living at the same place, my 2 sisters are under 21.

Your mother can file either the I-864 as a Joint Sponsor or the I-864a as a Household Member.

With the I-864, only her income is considered in meeting the 125% poverty line requirement. Your income will not be counted.

With the I-864a, your mother's income would be combined with your income to meet the 125% poverty line requirement.

Under either forms, your mother's household count will be the same because she would count herself, her dependents on her tax return, the intending immigrant, and any immigrants she has petitioned for with an I-864 obligation.

My second questions is: Once the AOS package is reviewed by the NVC, if I stated my annual income as 0, would I really get in trouble as I am currently in college and I am working a part-time at a community church and my annual income is about 7k? Or do I have to state everything as it is so to avoid a possible problem? I am 21 already but I appeared as a dependent on my mom's last federal tax return.

I'd appreciate any of your answers, I really need some light on this matter.

Thanks in advance.

You have several problems here.

First, you put the truth down on those forms. You are signing them under penalties of perjury. You ware making a sworn statement to the US government. Don't lie. If you lie, you may not like the consequences.

Second, with a $7k income, you are required under federal laws to file a tax return.

Third, you are required to file your own I-864 as the petitioner. You would need to provide your last tax return or attest why you were exempt from filing. Making $7k means you are required to file a tax return.

Listing zero income is a lie. You need to file a tax return (because you required under federal laws) so you can meet the requirements of the I-864.

Share this post


Link to post
Share on other sites

Your mother can file either the I-864 as a Joint Sponsor or the I-864a as a Household Member.

With the I-864, only her income is considered in meeting the 125% poverty line requirement. Your income will not be counted.

With the I-864a, your mother's income would be combined with your income to meet the 125% poverty line requirement.

Under either forms, your mother's household count will be the same because she would count herself, her dependents on her tax return, the intending immigrant, and any immigrants she has petitioned for with an I-864 obligation.

You have several problems here.

First, you put the truth down on those forms. You are signing them under penalties of perjury. You ware making a sworn statement to the US government. Don't lie. If you lie, you may not like the consequences.

Second, with a $7k income, you are required under federal laws to file a tax return.

Third, you are required to file your own I-864 as the petitioner. You would need to provide your last tax return or attest why you were exempt from filing. Making $7k means you are required to file a tax return.

Listing zero income is a lie. You need to file a tax return (because you required under federal laws) so you can meet the requirements of the I-864.

Aaron,

Thanks a lot! You've given me a detailed explanation! I am already working on the taxes part, in order to do things the right way. I also thought my mother only had to file a I864A as she lives with me and my sisters, the definition of joint sponsor makes more sense when that person doesn't live with you I guess.

Thanks again for your help!

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×