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Affidavit of support low income.

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Hi,

I'm a F-1 student applying for a green card, my wife (US-citizen) is a student too. She'll graduate next Summer, but will then go to med school the next year. Right now I work a part-time job on campus which gives me about ~$9 per hour. She works a low wage job at a hospital and makes about $9/hour too. Our income is very small, we get a ton of help from her parents. At this point I feel like if I submit the form with our numbers it would get rejected. What do you recommend doing? Do I have to have her parents submit an affidavit of support too?

Thanks,

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Your spouse will have to submit an Affidavit of Support (Form I-864) no matter what. If her income falls below the poverty guidelines, you will have to include another Affidavit of Support by a joint sponsor. This is made by a third-party using the same Form I-864. The process will be easier if you can find somebody whose income is above the poverty guidelines and filed their taxes for the past three years without a spouse or dependents listed on their most recent federal tax return (1040).

If one of your wife's parents volunteers as a joint sponsor, then the non-sponsoring parent (the one that doesn't file Form I-864) will have to submit the Household Member's Form I-864A. Same thing for any dependents over 18 that her parents may have listed on their last federal tax return.

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Your spouse will have to submit an Affidavit of Support (Form I-864) no matter what. If her income falls below the poverty guidelines, you will have to include another Affidavit of Support by a joint sponsor. This is made by a third-party using the same Form I-864. The process will be easier if you can find somebody whose income is above the poverty guidelines and filed their taxes for the past three years without a spouse or dependents listed on their most recent federal tax return (1040).

If one of your wife's parents volunteers as a joint sponsor, then the non-sponsoring parent (the one that doesn't file Form I-864) will have to submit the Household Member's Form I-864A. Same thing for any dependents over 18 that her parents may have listed on their last federal tax return.

That sounds like an awful mess. Did you have to do that yourself?

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****** Moving from AOS from Family Visa to AOS from Student Visa forum *****


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Hi Im having a similar problem

I'm a full time student with a part time job $10/hr but i've never have done my own taxes because my mom always puts me as her dependent. So I don't have any tax returns to put down and I could do it this year for this past year but by the time I wait on my W2's it'll be too late. i want my husband's legal status to stay up to date. My mom doesn't necessarily meet above the poverty line due to getting on permanent disability. So I don't know who would qualify for a joint sponsor? And how do I fill out my own affidavit of support papers without having tax returns?

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My husband and I were both students when he adjusted from an F1 student visa, too. A family friend was our co-sponsor and it's really not that difficult.


07/19/12 - Married

Adjustment of Status from F-1 Student Visa: Day 00 - 07/20/12 - Sent I-130, I-485, I-765, I-131

Day 03 - 07/23/12 - Confirmation from USPS that package was received in Chicago - signed for by D Colonna

Day 11 - 08/03/12 - Acceptance confirmation texts and emails

Day 14 - 08/06/12 - Checks cleared

Day 18 - 08/10/12 - Received biometrics appointment notice (dated 08/06/12 for appointment on 08/30/12)

Day 22 - 08/14/12 - Completed biometrics via successful walk-in at Columbus, OH office (We were the only ones there!)

Day 25 - 08/17/12 - Received NOAs

Day 36 - 08/28/12 - Notice via text of interview on 10/02/12

Day 38 - 08/30/12 - Received interview notice hard copy

Day 65 - 09/24/12 - Notice via text of I-131 approval

Day 71 - 10/02/12 - Interview

Day 71 - 10/02/12 - Text messages of APPROVAL of I-130 and I-485 - Card in Production

Day 78 - 10/09/12 - Received Welcome Notice

Day 80 - 10/11/12 - Received Conditional Green Card

Removal of Conditions: Day 00 - 07/07/14 - Sent I-751

Day 03 - 07/10/14 - Confirmation from USPS that package was received in California

Day 07 - 07/14/14 - Check cleared

Day 07 - 07/14/14 - Received NOA (dated 07/10/14)

Day 14 - 07/21/14 - Received biometrics appointment notice (dated 07/17/14 for appointment on 08/01/14)

Day 18 - 07/25/14 - Completed biometrics via successful walk-in at Columbus, OH office (We were the only ones there...again!)

Day 38 - 08/14/14 - Text message of APPROVAL of 1-751 - Card in Production

Day 43 - 08/19/14 - Notice via text indicating card has been mailed

Day 44 - 08/20/14 - Notice via text with USPS tracking number

Day 46 - 08/22/14 - Received Permanent Green Card

Naturalization: Day 00 - 08/21/15 - Sent N-400

Day 03 - 08/24/15 - Confirmation from USPS that package was received in Arizona

Day 07 - 08/28/15 - Check cleared

Day 10 - 08/31/15 - Acceptance confirmation text and email

Day 14 - 09/04/15 - Received NOA (dated 08/28/15)

Day 24 - 09/14/15 - Received biometrics appointment notice (dated 09/05/15 for appointment on 09/21/15)

Day 28 - 09/18/15 - Completed biometrics via successful walk-in at Columbus, OH office

Day 32 - 09/22/15 - Notice via text and email indicating in line for testing and interview

Day 35 - 09/25/15 - Notice via text and email indicating interview is scheduled

Day 41 - 10/01/15 - Received interview appointment notice (dated 09/28/15 for appointment on 11/03/15)
Day 73 - 11/03/15 - Interview

Day 74 - 11/04/15 - Text message of APPROVAL of N-400 - Oath Ceremony Scheduled

Day 75 - 11/05/15 - Received Oath Ceremony appointment notice (dated 11/04/15 for appointment on 11/17/15)

Day 87 - 11/17/15 - Oath Ceremony - US CITIZEN

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I would say I do that every week at work :)

Sounds more daunting than it is. Just carefully follow instructions on each form and you'll be fine.

Ah I get it! Well thanks you might have saved me a denial.

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Hi Im having a similar problem

I'm a full time student with a part time job $10/hr but i've never have done my own taxes because my mom always puts me as her dependent. So I don't have any tax returns to put down and I could do it this year for this past year but by the time I wait on my W2's it'll be too late. i want my husband's legal status to stay up to date. My mom doesn't necessarily meet above the poverty line due to getting on permanent disability. So I don't know who would qualify for a joint sponsor? And how do I fill out my own affidavit of support papers without having tax returns?

My wife hasn't filed any tax returns either, it's until this year that she's made a consistent "salary" to get a W-2, I think it'd be OK if you've never filed for a return, I mean in our cases (F-1's) USCIS should understand that we probably don't make enough money to file returns every year or have a consistent salary.

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My husband and I were both students when he adjusted from an F1 student visa, too. A family friend was our co-sponsor and it's really not that difficult.

Good you're making me feel much better now. And was this friend married? If so did his/her wife have to file Household Member's Form I-864A too?

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Our friend was not married.


07/19/12 - Married

Adjustment of Status from F-1 Student Visa: Day 00 - 07/20/12 - Sent I-130, I-485, I-765, I-131

Day 03 - 07/23/12 - Confirmation from USPS that package was received in Chicago - signed for by D Colonna

Day 11 - 08/03/12 - Acceptance confirmation texts and emails

Day 14 - 08/06/12 - Checks cleared

Day 18 - 08/10/12 - Received biometrics appointment notice (dated 08/06/12 for appointment on 08/30/12)

Day 22 - 08/14/12 - Completed biometrics via successful walk-in at Columbus, OH office (We were the only ones there!)

Day 25 - 08/17/12 - Received NOAs

Day 36 - 08/28/12 - Notice via text of interview on 10/02/12

Day 38 - 08/30/12 - Received interview notice hard copy

Day 65 - 09/24/12 - Notice via text of I-131 approval

Day 71 - 10/02/12 - Interview

Day 71 - 10/02/12 - Text messages of APPROVAL of I-130 and I-485 - Card in Production

Day 78 - 10/09/12 - Received Welcome Notice

Day 80 - 10/11/12 - Received Conditional Green Card

Removal of Conditions: Day 00 - 07/07/14 - Sent I-751

Day 03 - 07/10/14 - Confirmation from USPS that package was received in California

Day 07 - 07/14/14 - Check cleared

Day 07 - 07/14/14 - Received NOA (dated 07/10/14)

Day 14 - 07/21/14 - Received biometrics appointment notice (dated 07/17/14 for appointment on 08/01/14)

Day 18 - 07/25/14 - Completed biometrics via successful walk-in at Columbus, OH office (We were the only ones there...again!)

Day 38 - 08/14/14 - Text message of APPROVAL of 1-751 - Card in Production

Day 43 - 08/19/14 - Notice via text indicating card has been mailed

Day 44 - 08/20/14 - Notice via text with USPS tracking number

Day 46 - 08/22/14 - Received Permanent Green Card

Naturalization: Day 00 - 08/21/15 - Sent N-400

Day 03 - 08/24/15 - Confirmation from USPS that package was received in Arizona

Day 07 - 08/28/15 - Check cleared

Day 10 - 08/31/15 - Acceptance confirmation text and email

Day 14 - 09/04/15 - Received NOA (dated 08/28/15)

Day 24 - 09/14/15 - Received biometrics appointment notice (dated 09/05/15 for appointment on 09/21/15)

Day 28 - 09/18/15 - Completed biometrics via successful walk-in at Columbus, OH office

Day 32 - 09/22/15 - Notice via text and email indicating in line for testing and interview

Day 35 - 09/25/15 - Notice via text and email indicating interview is scheduled

Day 41 - 10/01/15 - Received interview appointment notice (dated 09/28/15 for appointment on 11/03/15)
Day 73 - 11/03/15 - Interview

Day 74 - 11/04/15 - Text message of APPROVAL of N-400 - Oath Ceremony Scheduled

Day 75 - 11/05/15 - Received Oath Ceremony appointment notice (dated 11/04/15 for appointment on 11/17/15)

Day 87 - 11/17/15 - Oath Ceremony - US CITIZEN

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Hi Im having a similar problem

I'm a full time student with a part time job $10/hr but i've never have done my own taxes because my mom always puts me as her dependent. So I don't have any tax returns to put down and I could do it this year for this past year but by the time I wait on my W2's it'll be too late. i want my husband's legal status to stay up to date. My mom doesn't necessarily meet above the poverty line due to getting on permanent disability. So I don't know who would qualify for a joint sponsor? And how do I fill out my own affidavit of support papers without having tax returns?

You should double check to be sure you don't have any returns to file. IRS Publication 929 requires ALL legally employable dependants who have an earned income over $6300 for the year to file a tax return (there are other qualifications that raise the income required to avoid filing it's in the link), even if they are claimed as a dependant. So with a $10/hr job, you would need to work less than 12 hours a week to go below the filing requirements.

Read up on the publication to see if you should have filed taxes. https://www.irs.gov/publications/p929/ar02.html

If you should have filed, but did not file, it may come back to bite you later on.

Edited by Chris.M

Click Below to View my timeline (spoiler added to reduce visible space consumption)

 

Timeline to date:

11/11/14 - Met online through eHarmony
11/12/14 - Started communication through email (1-2 emails daily)
12/20/14 - Communicating through Phone Calls and Video Calls
07/04/15 - First Trip to China to visit her (spent time at her home, her hometown, and Beijing), Met the whole family.
07/18/15 - Sadly I had to return back to the US
10/01/15 - I am returning back to China to be with her again
10/11/15 - She will accompany me back on the same flight for 30 days
11/14/15 - She returns back to China
12/01/15 - I-129F Fed-Ex'd to the Lewisville address
12/03/15 - Packet signed for by the receiver
12/07/15 - NOA1 Generated
12/11/15 - NOA1 Received
01/14/15 - NOA2 Generated (Approved)
01/28/16 - NVC Received (Still waiting papers for official date)
01/29/16 - NVC Case# Assigned (Still waiting papers for official date)
02/03/16 - Case Sent to Embassy
02/04/16 - Case Received by Embassy
03/03/16 - Packet 3 Received
03/03/16 - Packet 3 Sent back to Embassy
03/04/16 - DS-160 Fee paid
03/09/16 - Packet 4 Received (Documents were prepared in advance)
04/02/16 - I return to China to provide moral and emotional support as she goes to her Interview on the 5th
04/05/16 - Interview Date (APPROVED!!!)

04/25/16 - POE Dallas Texas (DFW) smooth sailing through customs

04/25/16 - Arrived in Nashville, TN 10pm
04/29/16 - Marriage Certificate received
SSN filed somewhere after this point (exact date is not remembered, received after a 30 minute wait)
11/16/16 - AoS packet mailed (i-485, i-765, i-131)
11/18/16 - AoS packet received
12/06/16 - Check Cashed
02/28/17 - EAD and AP Approved
03/02/17 - NOA2 for EAD and AP Arrived
03/02/17 - EAD/AP Card Arrived

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You should double check to be sure you don't have any returns to file. IRS Publication 929 requires ALL legally employable dependants who have an earned income over $6300 for the year to file a tax return (there are other qualifications that raise the income required to avoid filing it's in the link), even if they are claimed as a dependant. So with a $10/hr job, you would need to work less than 12 hours a week to go below the filing requirements.

Read up on the publication to see if you should have filed taxes. https://www.irs.gov/publications/p929/ar02.html

If you should have filed, but did not file, it may come back to bite you later on.

Thanks for the information, I just now completed 6 months and have only made half of that and didn't have a job previous to that so thats why I hadn't done taxes before so legally I am fine, just not sure what to put as a substitute for the affidavit of support. Because this year will be the first year I do taxes now that I am married and have a job.

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