Form I-864 Help: Is this SUFFICIENT?

[Mo1689 0]

Hi Folks,

First off, this is an insanely helpful forum, so thanks in advance for all the helpful advice.

I recently got my first job in September, and I make $32,000 per year. For form I-864 I am thinking about submitting ONLY my 2012 Federal Tax return, in conjunction with a letter from my employer stating my annual salary/check stubs. I was a college student during 2011, 2010, and 2009, and for each of those years my income was approx. $1000. As such, I don' think they'll be too helpful in my case.

So my question is, considering that I make well over the poverty threshold, and have adequate evidence to back this claim, is it okay if I ONLY attach the 2012 federal tax return (and employment verification letter/check stubs) with my AOS? Or should I include the previous three years' federal tax returns as well, even though they won't add much to my application?

Edited December 31, 2012 by Mo1689

[matteo66062 1]

Hi Folks,

First off, this is an insanely helpful forum, so thanks in advance for all the helpful advice.

I recently got my first job in September, and I make $32,000 per year. For form I-864 I am thinking about submitting ONLY my 2012 Federal Tax return, in conjunction with a letter from my employer stating my annual salary/check stubs. I was a college student during 2011, 2010, and 2009, and for each of those years my income was approx. $1000. As such, I don' think they'll be too helpful in my case.

So my question is, considering that I make well over the poverty threshold, and have adequate evidence to back this claim, is it okay if I ONLY attach the 2012 federal tax return (and employment verification letter/check stubs) with my AOS? Or should I include the previous three years' federal tax returns as well, even though they won't add much to my application?

By law, you need only the most previous years COMPLETE tax return. IT IS OK IF IT IS A COPY! If you make enough to support you, your spouse and any other family members claimed on your taxes, then you absolutely do not need to worry. I am a missionary and made 2,000 USD on mt tax return. I only showed one year, as required by the petitioner (even if you don't meet the minimum income) and also my co sponsors W2 only from only the previous year. So by all means you will be fine submitting 2012 ONLY IF YOUR 2012 TAX RETURN SHOWS YOU MADE OVER THE THRESHOLD. If it shows less than that, you will need a co sponsor or further proof from the previous years. From the Dept of State website:

What income documentation is required?

The sponsor is required to submit an IRS transcript or photocopy of only the most recent Federal income tax return with the I-864.

Furthermore, if you meet the requirements without any sponsors or special criteria, you can file the 864EZ short form. Found in the link below! Hope this helps!

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=15d05d4c6608e010VgnVCM1000000ecd190aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Edited December 31, 2012 by matteo66062

[matteo66062 1]

By law, you need only the most previous years COMPLETE tax return. IT IS OK IF IT IS A COPY! If you make enough to support you, your spouse and any other family members claimed on your taxes, then you absolutely do not need to worry. I am a missionary and made 2,000 USD on mt tax return. I only showed one year, as required by the petitioner (even if you don't meet the minimum income) and also my co sponsors W2 only from only the previous year. So you will be fine submitting 2012 ONLY IF YOUR 2012 TAX RETURN SHOWS YOU MADE OVER THE THRESHOLD. Remember, 864 requires proof of money you have earned, not money that you are planning toearn. If it shows less than that, you will need a co sponsor or further proof from the previous years. From the Dept of State website:

What income documentation is required?

The sponsor is required to submit an IRS transcript or photocopy of only the most recent Federal income tax return with the I-864.

Furthermore, if you meet the requirements without any sponsors or special criteria, you can file the 864EZ short form. Found in the link below! Hope this helps!

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=15d05d4c6608e010VgnVCM1000000ecd190aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Edited December 31, 2012 by matteo66062

[Mo1689 0]

By law, you need only the most previous years COMPLETE tax return. IT IS OK IF IT IS A COPY! If you make enough to support you, your spouse and any other family members claimed on your taxes, then you absolutely do not need to worry. I am a missionary and made 2,000 USD on mt tax return. I only showed one year, as required by the petitioner (even if you don't meet the minimum income) and also my co sponsors W2 only from only the previous year. So by all means you will be fine submitting 2012 ONLY IF YOUR 2012 TAX RETURN SHOWS YOU MADE OVER THE THRESHOLD. If it shows less than that, you will need a co sponsor or further proof from the previous years. From the Dept of State website:

What income documentation is required?

The sponsor is required to submit an IRS transcript or photocopy of only the most recent Federal income tax return with the I-864.

Furthermore, if you meet the requirements without any sponsors or special criteria, you can file the 864EZ short form. Found in the link below! Hope this helps!

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=15d05d4c6608e010VgnVCM1000000ecd190aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Since I began working in September, my 2012 Tax returns will only show partial wages, which comes to around $12,000. However, I am employed full-time and my annual income is $32,000. I have an employer's letter to verify this. Is this good enough? I can't get a co-sponsor, so I'm on my own with this.

Edited December 31, 2012 by Mo1689

[matteo66062 1]

Since I began working in September, my 2012 Tax returns will only show partial wages, which comes to around $12,000. However, I am employed full-time and my annual income in $32,000. I have an employer's letter to verify this. Is this good enough? I can't get a co-sponsor, so I'm on my own with this.

Unless you have other assets that can be converted to cash, I believe under the law, this could pose a problem as they use primarily the W2 for the proof.Future income is not counted. You can submit letters from your employer stating the info with current pay stubs as you have said and see what the response is. The USCIS would notify you if they needed more proof. Then, if they felt the need, they would would give you new requirements, like more documentation, signing a different form or requirement of a co sponsor, which you said wouldn't happen. If you don't reply with the info requested by the deadline, your case would be denied on grounds of lack of financial support. Have you tried emailing USCIS with that info?

Unless any other VJ'ers have personal experience with this, just looking quickly at the law, I would say it wouldn't qualify you to meet the requirements . You said you can't get a co sponsor but I don't know if you are aware that a co sponsor can be ANYONE who is a USC. Friend, neighbor,whatever....as long as they are a USC and make over the threshold.

Here's some other info. The job you have now is new, and technically could be counted still as an offer since the income is not yet earned. There are a few other things they look at in addition to income:

Can a credible offer of employment for the visa applicant replace or supplement an insufficient Affidavit of Support?

No, the law does not recognize offers of employment in place of the I-864.

A job offer may show ability of the applicant to overcome ineligibility as a public charge, but does not meet any I-864 requirement.

Is a sufficient I-864 the only consideration for meeting any public charge issues at the time of the visa interview?

No, consular officers also look at other public charge factors affecting the financial situation of the sponsor and the applicant. Age, health, education, skills, financial resources and family status of the applicant and the sponsor are factors. Consular officers will verify to the extent possible that applicants have adequate financial support to prevent them becoming a public charge.

[VanessaTony 3,567]

Since I began working in September, my 2012 Tax returns will only show partial wages, which comes to around $12,000. However, I am employed full-time and my annual income is $32,000. I have an employer's letter to verify this. Is this good enough? I can't get a co-sponsor, so I'm on my own with this.

Yes. Your employer letter is sufficient. They look at CURRENT income, not past income (and neither future but future isn't the same as current). The only issue will be how long you've been working but since it's already been 3 months you should be okay

[VanessaTony 3,567]

Unless you have other assets that can be converted to cash, I believe under the law, this could pose a problem as they use primarily the W2 for the proof.Future income is not counted. Not quite. Future income isn't counted, that's correct, but CURRENT income is.

Unless any other VJ'ers have personal experience with this, just looking quickly at the law, I would say it wouldn't qualify you to meet the requirements His current income is sufficient. You said you can't get a co sponsor but I don't know if you are aware that a co sponsor can be ANYONE who is a USC. Friend, neighbor,whatever....as long as they are a USC and make over the threshold. Incorrect. The joint sponsor could be anyone who is a USC or LPR as long as they reside in the US.

Here's some other info. The job you have now is new, and technically could be counted still as an offer since the income is not yet earned Ummm... no. An OFFER is before employment has commenced.. There are a few other things they look at in addition to income:

Q. Can a credible offer of employment for the visa applicant replace or supplement an insufficient Affidavit of Support?

A. No, the law does not recognize offers of employment in place of the I-864. A job offer may show ability of the applicant to overcome ineligibility as a public charge, but does not meet any I-864 requirement.

Not relevant to the OP. The OP has an employer letter stating CURRENT income, not an offer

Q. Is a sufficient I-864 the only consideration for meeting any public charge issues at the time of the visa interview?

A. No, consular officers also look at other public charge factors affecting the financial situation of the sponsor and the applicant. Age, health, education, skills, financial resources and family status of the applicant and the sponsor are factors. Consular officers will verify to the extent possible that applicants have adequate financial support to prevent them becoming a public charge.

Responses in red above.

The OP should be fine with their current income as they've work there at least 3 months

[matteo66062 1]

Responses in red above.

The OP should be fine with their current income as they've work there at least 3 months

Actually, your comment on the job commenced is completely false. If the job was probationary before going full time, or under a short term contract or seasonal it wouldn't matter. They wouldn't count it!

THE NUMBER ONE REASON ACCORDING TO THE US STATE DEPARTMENT FOR DENIAL IS LACK OF FINANCIAL SUPPORT!! If it were so easy as to get a letter from an employer and having a check stub to qualify, then why are so many people denied? Why would the 864 even be there? The law is there for a reason, and that is VERY LITTLE PROOF of support the OP has!

If you want to mislead people, be my guest!

Edited December 31, 2012 by matteo66062

[hoang 0]

I am filling out the form 864 and stuck on question #21. Please help me if anyone knows what I should fill out.

I am co-sponsor for a total 3 beneficiaries, each is on its own visa petition, thus each beneficiary has its on 864 affadavit.

On my tax return, i am head of household and a total of 3 including me. On each affadavit, each beneficiary counts as 1 which total of

4 (my family of 3 + 1 beneficiary = 4) as I am filling out the question 21 up to 21-e where it asks "if you have any other dependents, please enter here". Do I consider the other two beneficiaries on the other affadivit as dependents which total of 6 ( family of 3 + 1 beneficiary on the affadivit + 2 beneficiary on the other affadavit = 6) ?

simple thinking on each affadavit for each beneficiary: questions #21e

no dependents.

3 members of my family + 1 beneficiary = 4

complicated thinking on each affadavit for each beneficiary: questions #21e

considers the other 2 beneficiaries as dependents on the other affadavit

3 members of my family + 1 beneficiary + 2 beneficiary ( other visas and has its own affadavit) = 6

please help!!!!!!

[VanessaTony 3,567]

Actually, your comment on the job commenced is completely false. If the job was probationary before going full time, or under a short term contract or seasonal it wouldn't matter. They wouldn't count it!

THE NUMBER ONE REASON ACCORDING TO THE US STATE DEPARTMENT FOR DENIAL IS LACK OF FINANCIAL SUPPORT!! If it were so easy as to get a letter from an employer and having a check stub to qualify, then why are so many people denied? Why would the 864 even be there? The law is there for a reason, and that is VERY LITTLE PROOF of support the OP has!

If you want to mislead people, be my guest!

Short term or seasonal of course wouldn't count. Full time does.

Proof of current income is a requirement per the I-864 page here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b70f8875d714d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Please read the instructions. Outside of the return they also suggest letter from employer and pay stubs as further proof of quality. Again, current income matters, not just the tax return. Current income is proved by way of an employer letter and pay stubs. The OP should be fine with what they have.

I'm not misleading anyone. I'm providing factual information based not only on my own experience, but also the years of being a member here and seeing others situations and guiding them.

I am filling out the form 864 and stuck on question #21. Please help me if anyone knows what I should fill out.

I am co-sponsor for a total 3 beneficiaries, each is on its own visa petition, thus each beneficiary has its on 864 affadavit.

On my tax return, i am head of household and a total of 3 including me. On each affadavit, each beneficiary counts as 1 which total of

4 (my family of 3 + 1 beneficiary = 4) as I am filling out the question 21 up to 21-e where it asks "if you have any other dependents, please enter here". Do I consider the other two beneficiaries on the other affadivit as dependents which total of 6 ( family of 3 + 1 beneficiary on the affadivit + 2 beneficiary on the other affadavit = 6) ?

simple thinking on each affadavit for each beneficiary: questions #21e

no dependents.

3 members of my family + 1 beneficiary = 4

complicated thinking on each affadavit for each beneficiary: questions #21e

considers the other 2 beneficiaries as dependents on the other affadavit

3 members of my family + 1 beneficiary + 2 beneficiary ( other visas and has its own affadavit) = 6

please help!!!!!!

At the top of that question it states "Do not count anyone twice". So they're beneficiaries.

[matteo66062 1]

Short term or seasonal of course wouldn't count. Full time does.

Proof of current income is a requirement per the I-864 page here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b70f8875d714d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Please read the instructions. Outside of the return they also suggest letter from employer and pay stubs as further proof of quality. Again, current income matters, not just the tax return. Current income is proved by way of an employer letter and pay stubs. The OP should be fine with what they have.

I'm not misleading anyone. I'm providing factual information based not only on my own experience, but also the years of being a member here and seeing others situations and guiding them.

You are correct, current income does count. But at 32,000 a year being on the job for three months, do the math, the current income is only 7998 and is WELL short. That is the total current income! Not 32,000 as it has not happened yet. Even though the yearly income is 32,000, still the current income is 7998! How can you count money you haven't made yet? You can't as that is FUTURE income!If the person was making 120,000 a year and been on the job for three months, sure, they have 3 months of income surpassing the requirement. I just don't see how 7998 dollars earned so far is going to qualify you.

Edited December 31, 2012 by matteo66062

[Mo1689 0]

Actually, your comment on the job commenced is completely false. If the job was probationary before going full time, or under a short term contract or seasonal it wouldn't matter. They wouldn't count it!

THE NUMBER ONE REASON ACCORDING TO THE US STATE DEPARTMENT FOR DENIAL IS LACK OF FINANCIAL SUPPORT!! If it were so easy as to get a letter from an employer and having a check stub to qualify, then why are so many people denied? Why would the 864 even be there? The law is there for a reason, and that is VERY LITTLE PROOF of support the OP has!

If you want to mislead people, be my guest!

I would like to verify that my job is NO way an offer, nor probationary. It is indeed full time, and there is no evidence otherwise indicating that it is temporary.

[Mo1689 0]

You are correct, current income does count. But at 32,000 a year being on the job for three months, do the math, the current income is only 7998 and is WELL short. That is the total current income! Not 32,000 as it has not happened yet. Even though the yearly income is 32,000, still the current income is 7998! How can you count money you haven't made yet? You can't as that is FUTURE income!If the person was making 120,000 a year and been on the job for three months, sure, they have 3 months of income surpassing the requirement. I just don't see how 7998 dollars earned so far is going to qualify you.

My apologies if my details were vague to begin with. But to clarify a bit more, my current YTD earnings are NOT $7998. Conversely, I have earned $11,897.45. As I am a salaried, fulltime hire, my check stubs clearly indicate that I get consistent monthly check of $2,666.67. Moreover, my employer can corroborate that I am going nowhere anytime soon, and will continue to work throughout the year. While technically that does indicate the potential (future) work to be done, in a practical sense, it does demonstrate to the USCIS that I have a STEADY income flow coming in each month that puts me well above the poverty threshold.

The law regarding exactly how to prove income is vague. While it does state that the Federal tax returns and W2s have to be submitted, it does not DEFINITIVELY say that financial stability is SOLELY determined by W2s/Tax return alone. Following this line of reasoning, taken as a whole, wouldn't any logical reviewer of my case see that my status as a fulltime, salaried, employee is generating (though not fully generated) income that in a matter of months will far surpass the poverty guidelines threshold?

Any opinions? By my logic, it seems that I have a relatively strong case as far capacity to financially provide goes.

Important note:

I forgot to mention that for part of 2012 I was on a fellowship grant, which came to the amount of $12,500. This $12,500, is NOT on a W2, it is on a 1099---so I'm not sure if it's counted as qualifying income....

Nevertheless, when I factor this $12,500 in with my current YTD earnings, my total income for the 2012 year comes to $24,497.45. I'm not sure if this helps my case any more or less.....but I'm truly hoping it does.

Edited December 31, 2012 by Mo1689

[matteo66062 1]

My apologies if my details were vague to begin with. But to clarify a bit more, my current YTD earnings are NOT $7998. Conversely, I have earned $11,897.45. As I am a salaried, fulltime hire, my check stubs clearly indicate that I get consistent monthly check of $2,666.67. Moreover, my employer can corroborate that I am going nowhere anytime soon, and will continue to work throughout the year. While technically that does indicate the potential (future) work to be done, in a practical sense, it does demonstrate to the USCIS that I have a STEADY income flow coming in each month that puts me well above the poverty threshold.

The law regarding exactly how to prove income is vague. While it does state that the Federal tax returns and W2s have to be submitted, it does not DEFINITIVELY say that financial stability is SOLELY determined by W2s/Tax return alone. Following this line of reasoning, taken as a whole, wouldn't any logical reviewer of my case see that my status as a fulltime, salaried, employee is generating (though not fully generated) income that in a matter of months will far surpass the poverty guidelines threshold?

Any opinions? By my logic, it seems that I have a relatively strong case as far capacity to financially provide goes.

Important note:

I forgot to mention that for part of 2012 I was on a fellowship grant, which came to the amount of $12,500. This $12,500, is NOT on a W2, it is on a 1099---so I'm not sure if it's counted as qualifying income....

Nevertheless, when I factor this $12,500 in with my current YTD earnings, my total income for the 2012 year comes to $24,497.45. I'm not sure if this helps my case any more or less.....but I'm truly hoping it does.

In regards to 1099, this is taken from the http://travel.state.gov/visa/immigrants/info/info_3183.html page:

Sponsors receiving housing and other benefits in place of salary may count those benefits as income. The sponsor may count both taxable and non-taxable income (such as housing allowance). The sponsor must prove the nature and amount of non-taxable income. Evidence of such income can be a W-2 Form (such as Box 13 for military allowances), Form 1099 or other evidence.

According to this, the 1099 should count.

[Mo1689 0]

In regards to 1099, this is taken from the http://travel.state.gov/visa/immigrants/info/info_3183.html page:

Sponsors receiving housing and other benefits in place of salary may count those benefits as income. The sponsor may count both taxable and non-taxable income (such as housing allowance). The sponsor must prove the nature and amount of non-taxable income. Evidence of such income can be a W-2 Form (such as Box 13 for military allowances), Form 1099 or other evidence.

According to this, the 1099 should count.

WOW that is AWESOME!!!!! Now I should definitely be okay!!!!