Affidavit of Support

[jamifahad 0]

Hello Guys,

I have been lurking on this forum for last one week and it has been of immense help in my visa journey.

I am filing for Adjust of Status on F2B category (My mother is my sponsor and LPR). Since she is stay-at-home mom, she doesn't have income hence she is using her brother's (USC) income (they both live in same house). I get that she needs to file I-864 and her brother(my uncle) I-864A. My uncle's IRS Tax transcript list his wife's name too (Filed Jointly). Does my aunt (my uncle's wife whose name appears on Tax Transcript) need to file I-864A as well?

Thank you and I am sorry if this question has been posted and answered earlier.

[NancyNguyen 1,657]

Your mom I864 as main sponsor, even she makes nothing.

Uncle I864 as joint sponsor

Uncle's wife I864A

[KayDeeCee 4,891]

~ Moved from AOS from Family Based Visas to Bringing Family Members of Permanent Residents to America ~

[jamifahad 0]

Thanks,

I was under impression that if sponsor (mom) and her brother share same mailing address, then her brother files I-864A since in my mom's I-864 Item 5. 7, sponsor's household size, my mom is writing 1 for her brother (sibling category). Does she not need to write 1 here?

Also, just to confirm, does she write 0 for income in 13 a, b, and c and attach a letter explaining why she did not file tax return?

[KayDeeCee 4,891]

She can use his income as a qualified household member, but she does not have to. He can also be the joint sponsor and fill out his own separate I-864 and his wife would file an I-864A to go with his I-864. A household member is used to combine their income with that of the sponsor in order to meet the requirement, but she has no income to combine with. It makes the most sense for him to be the joint sponsor instead.

If his income is enough to meet the requirement alone without his wife and he really wants to file the I-864A as the household member instead of being the joint sponsor, then he can provide their joint transcript plus a copy of his W-2 to show his individual income amount from the total income on their tax return.

If he fills out the I-864A, then yes, your mom will put a 1 for him in Part 5 #7 to add him to her household count. He will need to meet the requirement for however many people are listed in the total household count there, the mom, her dependents, the uncle plus you.

She did not file taxes for any of the last 3 years, so she is required to include a statement explaining why she was not legally required to file. She will not answer $0 for the total income from her taxes though because she never filed. Put N/A for those and hand-write 'Not required to file-See attachment' in the space above #13.

Edited March 22, 2015 by KayDeeCee

[jamifahad 0]

Thanks KayDeeCee for clearly my doubts,

One more clarification, does uncle's letter of employment mentioning his individual salary and length of employment work in place of his W2s?

[KayDeeCee 4,891]

No. You need both. The letter from the employer is for proof of his current income. The copy of the W-2 is to go along with their joint tax transcript to show proof of his individual income on the tax return. When you file jointly, the total income amount is a combination of all incomes from both people, so you need to show exactly what his income alone was for that tax year.