I-864 Affadavit of Support- Joint Filing

[Clashman 2]

Hello,

I am a U.S. citizen living in China. My wife is currently preparing for her final interview later this month. As I've been living abroad for the past 7 years, mostly as a student or English teacher, and have no demonstrable U.S. income, I had my parents fill out the I-864 form on behalf of my wife. I mistakenly believed that this was sufficient, but apparently, I also need to fill in an I-864 myself, as I am the petitioner, complete with the past 3 years tax returns. I do not have tax returns for the past 3 years, (due to another stupid mistaken assumption about not having to file taxes if a certain income threshold was not met), and there is no possible way for me gather the necessary materials required to back-file in time for her interview. It is also not possible for me to reschedule the interview, as I have already done this one time due to the birth of our child.

I have started to consult with an expat tax consultant about getting my taxes in order, but I estimate it will probably be at least 4-6 weeks before I can gather all of my income statements from previous employers over the past several years so that I can begin this process.

I realize this situation is entirely my own fault. That said, I'm wondering how I should go about filling form I-864, and if there is anything I can include as documentation to demonstrate that I am attempting to rectify this situation and work towards tax compliance. Is it possible to leave item 25 blank and include a written explanation of why I am not able to enter values in those lines, with the hope that I will be able to later fulfill a request for further documentation. Or have I screwed the pooch on this one so bad that my wife shouldn't even bother attending the interview?

[Villanelle 4,123]

You cant leave question 25 blank, you must have the completed form 864.

Are you absolutely sure they will not allow you to reschedule your interview?

If not, the best I can suggest is to send your wife to the interview with out your 864. She will be denied for missing your 864. Its not a permanent denial. She will be given a 221g form (denial slip) for a missing doc- your 864. They'll give her some time to bring it in. How much time? Meh. I dont know. Theres no exact time frame. After too much time passes, they send the case back to USCIS. When you do bring in the completed form, (you basically bring it to the window at the embassy- leave it there- go home and wait) they'll review it at their leisure and contact you when they issue the visa or contact you to say- we have another problem, come back in. But hopefully to say your visas approved its on its way.

If you dont do this ^^ and dont go to the interview at ALL, your case is over. You have to start from scratch.

Edited February 12, 2013 by capri