Affidavit of Support while filing AOS. Help!

[whitty2812 12]

I'm a UK citizen filing for AOS with my USC wife. My wife is going back to school, and we will be using our savings until I can get my employment authorisation.

To make sure AOS runs smoothly we have asked my father-in-law to be a joint sponsor. Now we are really confused with the i-864 paperwork.

Wife - limited student income and our savings

Father-in-law - working physician

We shouldn't have a problem, but we are unsure which forms to file.

Do we need to file two i-964 forms, one from each joint sponsor??? Any guidance would be greatly appreciated.

[Nich-Nick 3,354]

I'm a UK citizen filing for AOS with my USC wife. My wife is going back to school, and we will be using our savings until I can get my employment authorisation.

To make sure AOS runs smoothly we have asked my father-in-law to be a joint sponsor. Now we are really confused with the i-864 paperwork.

Wife - limited student income and our savings

Father-in-law - working physician

We shouldn't have a problem, but we are unsure which forms to file.

Do we need to file two i-964 forms, one from each joint sponsor??? Any guidance would be greatly appreciated.

Your spouse:

Form I-864 even if not enough income to qualify.

Her 2013 tax return or a signed statement saying why she was not required to file

Your joint sponsor:

Form I-864

His 2013 tax return **

Proof he is a USC or LPR

**if his tax return is joint with his spouse, it gets trickier. A tax return does not break down who earned how much. Husband and wife income is all lumped together. Because he is self-employed(?) he may not be able to show his separate income with an employer letter, W2, or 1099-MISC. In private practice he may be the employer so wouldn't write himself a letter, if you follow me.

So if a joint tax return is his only way to show income, he will have to list his spouse as a family member contributing. (That is on page 5- Person 1) She in turn would fill out an I-864A to show she is okay that he listed her as contributing to the immigrant.

Either your spouse or the Dad can provide additional proof of income or two more tax returns as suggested in the instructions. I gave you the minimum requirements above. For example if Dad works for a service rather than private practice, he may have documentation of yearly wages from the service. He may pay himself an official salary from the business that he can use as documentation of his separate income. Otherwise for self-employed, it is line 22 of the Form 1040 that they consider as his income or joint income with his spouse.

Edited August 9, 2014 by Nich-Nick