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i-864 request for initial evidence

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Filed: K-1 Visa Country: Spain

Hi everyone,

I have received a request for evidence stating the affidavit of support was submitted, but not from the petitioner/sponsor. My father filled out the form stating he is the joint sponsor because I did not make enough money. Also, I filed taxes for only one of the three years because I made below $2,000.00 (I was a student and the year I did file for taxes I also made below 2 grand). This is the part I need a little clarification:

1.) Do I, the petitioner, send an affidavit of support regardless of not filing taxes for two out of the three years?

2.) Should I send a transcript for the one year I filed even if it was below 2 grand, or should I just send the i-864 paperwork without tax transcripts/w-2 forms?

3.) If I have to send the tax transcripts/w-2 forms, should I include a letter stating why I never filed for two of those three years?

I am really worried and would really appreciate the help....



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1. Yes, even you have no income you still have to sign one of i864. The other one is signed by a co sponsor.

2. They need most recent tax document only (2013) you don't have to submit last 3 years tax, it is optional.

3. Tax transcript is preferred because it shows all you tax (forms, balance, amended...) if you choose to send copy of your tax documents, you will have to attach ALL supporting documents W2, 1040, 1099... Otherwise you will be RFE for missing tax documents.


12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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As the petitioner you are required to send an I-864 regardless of income and regardless of whether you are using a joint sponsor. So you need to prepare an I-864, put down your current income and the tax info for the years you filed. They don't need transcripts for all 3 years, but they do need to know if you filed or not in the last 3 years.

You said you only filed once in the last 3 years, (2013,12,11), send the transcript for that year. Since you didn't file taxes for the other years, you must write a statement explaining that you were exempt from filing because your income was too low. You also have to send proof of your current income in the form of a letter or most recent pay stubs.

You cannot send a transcript for a year in which you didn't file, it wouldn't exist. You send the transcript for the year you filed, and an explanation for the years that you didn't file because you weren't required. Only for 2013,12,11, those are the only years they care about.

This does not constitute legal advice.

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