Affidavit of Support I-864 When Unemployed?

[craigfrogers 0]

Hi all,

I am trying to bring my Australian wife to America with me. Neither of us will be walking into jobs. If I were to get my father to joint/substitute sponsor my wife for the Affidavit of Support, would I need to fill one out as well?

Thanks for any and all responses!

[NikLR 13,232]

Yes. The petitioner is always the primary sponsor.

[craigfrogers 0]

Yes. The petitioner is always the primary sponsor.

So would I fill out the form, but state that I have no job/tax returns? Would this make me unlikely to be approved?

Thanks a lot!

[teeak 224]

Yes. You need to include a statement explaining why you didn't file (were you living abroad? as a USC, you are still required to file taxes even if living abroad. if so, i recommend filing back taxes). If you did not have a job and are in the US, just include a statement stating you didn't earn the minimum to file.

Not unlikely to get approved, they will look at the joint sponsor's income to ensure that they earn enough to support your wife.

If you do live abroad, you need to prove that you intend to establish domicile in the US prior to your wife immigrating.

Edited April 1, 2016 by teeak

[NikLR 13,232]

So would I fill out the form, but state that I have no job/tax returns? Would this make me unlikely to be approved?

Thanks a lot!

You would include a letter stating why you were not required to file an income tax return for the last 3 years. However if you worked and made over the threshold to file, anywhere in the world, you are required to file. You include the joint sponsor as well who does make over the poverty guidelines for their household size. The immigrant will be not be denied for sponsorship as long as there is a qualified joint sponsor as well.

You would submit two I-864 with appropriate documents.

[Anh map 2,098]

If you earned over $10K in any of the past 3 years you would need to file US tax returns for those years. You may not owe tax, but would be required to file. That needs to be sorted out prior to the visa interview to avoid delays.

See the links in my signature below for more information.