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Eric & Idalia

I-864 (join sponsor, supporting documentation, tax transcript filing status) questions

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Hi. I have several question related to the I-864 supporting documentation. I hope you can help me. I apologize in advance if some of them are silly.

1.- We have a join sponsor. She is a doctor with two part-time jobs and I think she earns more than the 125% poverty line. She was my host mom when I was an au pair. Every year her husband is in charge of filing their taxes. He prepares taxes separate and jointly. After comparing how much taxes they have to pay, he decides which document to actually file to the IRS. So I am not sure if my join sponsor filed the last three years separate or joined with her husband.

Here my question: Does filing separate or jointly affect somehow the I-864 form? I mean if they filed together does it mean that he has to file the I-864A?

Until I knew the I-864A is filled when the join sponsor needs help from a household member to complete the income requirement (125% poverty line). But some months ago I read in a VJ post that because the join sponsor filed taxes jointly with his wife, the wife had to filed the I-864A. And I just wanted to confirm.

2.- About the I-864's supporting documentation we have to present, the letter I got from Ciudad Juarez consulate has a link that states:

Form I-864 affidavit of support, with supporting documentation that proves the individual offering to support the applicant earns the amount of money indicated on the affidavit. Documentation can include proof of legal status in the United States, employment letter, most recent tax forms, and/or recent pay slips.

I found an employment letter example here in VJ. My question is if we HAVE to bring the recent pay slips? I know it says "and/or" but people told me it is better to bring both. What do you think, do I have to ask my ex host mom her pay slips? It seems very private information.

3.- So we are in 2015 that means we have to provide the consulate the 2014, 2013 and 2012 tax forms. But which ones? My husband sent me his 2014, 2013, 2012 and 2011 Tax Return Transcripts. Is this the right one? Because he said there were other types of transcripts.

My husband came to Mexico in Dec 2013. We got married on March 29, 2014. He didn't work officially in Mexico and he had to go back to USA because his work permission here was denied. So he filed his 2014 taxes in $0 with filling status: Married filing separate return and spouse is not required to file a return.

The 2013 tax return transcript lists in filling status: Single.

When I asked my husband why the 2013 taxes were filed with status Single if the transcript's RECEIVED DATE says Apr 15, 2014 (after our wedding), he said that he filed them in Feb 2014, a month before our wedding. He also said it didn't matter that what matters is that the filing status refers to the year you are filing so 2013 comes with filing status Single because he was single all the year. So my question is: Is it right? or the 2013 should come with status Married because the received date says Apr 15?

Thank you in advance for any information. Let me know if I confused you.

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(update)

This is the post I talked about in 1.-

http://www.visajourney.com/forums/topic/528211-difference-between-form-i-864-and-i-864a/

The user "Stressed Out" said:

Posted 19 December 2014 - 01:16 AM

Do you live with your father? An example of proper use of the I-864/I-864a forms is how we did it...

I, the petitioner, submitted my own I-864

My dad, my "only joint sponsor", filled out his own I-864

My mom, my dad's "household member of sponsor" (in this case meaning also joint sponsor), filled out an I-864a to combine her and his incomes shown on their joint tax returns.

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Hi there. Probably my post was too long.

Anyway, I was looking for more information and using Google I found a post here in VJ about my first question. Sorry, but the first time that I looked I use the Google Custom Search in VJ and I didn't find anything related. For the record: http://www.visajourney.com/forums/topic/415086-does-a-spouse-need-to-file-i-864a-because-we-file-joint-taxes/ The funny things is that I am also a Software Engineer.

I will keep calling Santa Fe Catholic Charities just to confirm that.

I still need your help with question 2 and 3:

2.- About the I-864's supporting documentation we have to present, the letter I got from Ciudad Juarez consulate has a link that states:

Form I-864 affidavit of support, with supporting documentation that proves the individual offering to support the applicant earns the amount of money indicated on the affidavit. Documentation can include proof of legal status in the United States, employment letter, most recent tax forms, and/or recent pay slips.

I found an employment letter example here in VJ. My question is if we HAVE to bring the recent pay slips? I know it says "and/or" but people told me it is better to bring both. What do you think, do I have to ask my ex host mom her pay slips? It seems very private information.

3.- So we are in 2015 that means we have to provide the consulate the 2014, 2013 and 2012 tax forms. But which ones? My husband sent me his 2014, 2013, 2012 and 2011 Tax Return Transcripts. Is this the right one? Because he said there were other types of transcripts.

My husband came to Mexico in Dec 2013. We got married on March 29, 2014. He didn't work officially in Mexico and he had to go back to USA because his work permission here was denied. So he filed his 2014 taxes in $0 with filling status: Married filing separate return and spouse is not required to file a return.

The 2013 tax return transcript lists in filling status: Single.

When I asked my husband why the 2013 taxes were filed with status Single if the transcript's RECEIVED DATE says Apr 15, 2014 (after our wedding), he said that he filed them in Feb 2014, a month before our wedding. He also said it didn't matter that what matters is that the filing status refers to the year you are filing so 2013 comes with filing status Single because he was single all the year. So my question is: Is it right? or the 2013 should come with status Married because the received date says Apr 15?

Thanks in advance for any information.

Edited by Eric & Idalia

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In case of filing the I-864, the join sponsor does not need to be related to the sponsor.

In your case if you are filing for a K1 visa. I don't have much information about it. I think you need to file I-134 form. You can read more about it here: http://www.uscis.gov/i-134

You can also post in the K1 forum of Visa Journey and get more useful information there. This post is in the Direct Consular Filing (DCF) General Discussion forum.

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1. It depends on how you put on her I-864. Example:
Case 1
6.5: put her individual annual income (Form W-2)
6.6a-6.6c: put nothing
6.10: Also put her income on W-2 (same amount of 6.5) then spouse doesn't need to submit I-864A.

Case 2
6.5: put her individual annual income (W-2)
6.6a-6.6c: put her spouse's income
6.10: put income on married filing jointly tax. And her spouse has to submit I-864A.

2. Yes. She has to submit any proof that she is not unemployed at the current, such as: recent 3 months payslip, or certificate of employment.

3. If you provide a photocopy of your tax return, you must include a copy of each and every Form W-2 and Form 1099 that relates to your return. Do not include copies of these forms if you provide an IRS transcript of your return rather than a photocopy.

If you do your own business, you should have completed one of the following forms with your Federal income tax return: Schedule C/D/E/F. You must include each and every form 1040 Schedule, if any, that you filed with your Federal tax return.

Hope this helps!

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