Questions Regarding I-864 & its Attachments Urgent Help(merged)

[Lion Star 2]

Hello Visa Journey Members

I am new user of this website. My wife has applied for my CR-1 visa and her aunt is joint sponsor in our case. I want to ask following questions regarding affidavit of support and its attachments:

1- My wife’s aunt is sponsoring me as her income is much above than poverty guide lines, she is married & file tax jointly with her husband. She told us that if her income is much above than poverty guide lines then there is no need to include her husband to sponsor me by filing the form I-864A. Does NVC can ask us to submit form I-864A filled by her husband or not?

2- Other question is that Federal Income Tax Return and W2 for most recent year i.e 2015 are enough or not as written in I-864 instructions. Do we have to provide Federal Income Tax Returns and W2 for the year 2014 and 2013 as well?

3- Aunt has no IRS Tax Transcript but Federal Income Tax Return and W2 of the year 2015. Does it is necessary to attach IRS Transcripts or Federal Income Tax Return and W2 are enough?

4- Is it necessary to attach pay stubs for year 2015 or not?

5- My wife was not in USA in year 2013 & didn’t file tax return for the year 2013 what should we have to write in I-864 in Part 6 -> 19.C “Total income zero” or should my wife has to write she was not in USA in 2013.

6- My wife has two years daughter from her Ex Pakistani Husband who died in 2013. Now her daughter is living with her grandparents in USA and dependent on her grandfather as my wife is with me in Pakistan. Does my wife has to include her daughter in sponsor’s house hold size as she is dependent on her grandfather?

Please answer me all above questions one by one.

Regards

[NikLR 13,227]

1) no but the NVC is just an intake facility essentially

2) has she changed jobs if last year wasnt enough but current income is? You arent required to provide all 3 years but its a good idea. If she currently does not make enough reconsider the I-864a from the uncle.

3) tax return transcripts are always a better option then the entire tax return. It's less paper and shows the tax return was actually filed.

4) current income must be proved in some way so no 2015 isnt needed but some 2016 ones should be included.

5)doesnt matter if she was in the usa or not. If she made enough to file she needed to file. Otherwise write "not required to file" and include an explanation.

6)you include ALL children of the usc regardless of financial responsibility or where they live in the world

Edited November 2, 2016 by NikLR

[agripa 100]

1- My wife’s aunt is sponsoring me as her income is much above than poverty guide lines, she is married & file tax jointly with her husband. She told us that if her income is much above than poverty guide lines then there is no need to include her husband to sponsor me by filing the form I-864A. Does NVC can ask us to submit form I-864A filled by her husband or not?

You do not need her husband to fill out the I-864A. BUT, if wife's aunt and her husband file taxes JOINTLY (as they most likely do), you will NEED to provide the ACTUAL tax return, as well as her W2. The reason for this is that since you are not including her husband, you need to provide proof of her SEPARATE income. The tax transcript only provides a single adjusted gross income which would your wife's aunt + her husbands salary.

2- Other question is that Federal Income Tax Return and W2 for most recent year i.e 2015 are enough or not as written in I-864 instructions. Do we have to provide Federal Income Tax Returns and W2 for the year 2014 and 2013 as well?

Strictly, speaking you only need to provide Tax Return+W2 for only one year. However, providing more years will bolster your case that you have a secure job and solid financials. This might be important, especially with a high-fraud country like Pakistan.

3- Aunt has no IRS Tax Transcript but Federal Income Tax Return and W2 of the year 2015. Does it is necessary to attach IRS Transcripts or Federal Income Tax Return and W2 are enough?

The IRS tax transcripts are NOT required, and Tax Return + W2 forms are sufficient. However, the tax transcript is more compact (less pages) and as NikLR has pointed out provides additional proof that your Wife's Aunt actually filed her taxes. I should also point out that that tax transcripts are FREELY available from the IRS' website. You can download them after creating an account there.

4- Is it necessary to attach pay stubs for year 2015 or not?

Pay stubs are never required, but it helps to always include the 6th most recent months as SOLID proof of your current income. Similarly, a letter from your employer stating the date you were hired and your current salary would also be useful.

5- My wife was not in USA in year 2013 & didn’t file tax return for the year 2013 what should we have to write in I-864 in Part 6 -> 19.C “Total income zero” or should my wife has to write she was not in USA in 2013.

Simply being outside of the country doesn't exempt you from filing taxes. Go to the following website (https://www.irs.gov/uac/do-i-need-to-file-a-tax-return) and check to see if she was exempt from filing taxes. If per the IRS you are not required to file, then I would write 0 and in an attachment to the application explain why she did not file (i.e., IRS says I didn't need to file because XXX).

6- My wife has two years daughter from her Ex Pakistani Husband who died in 2013. Now her daughter is living with her grandparents in USA and dependent on her grandfather as my wife is with me in Pakistan. Does my wife has to include her daughter in sponsor’s house hold size as she is dependent on her grandfather?

You should really speak to a tax attorney here, but if they are under 18, I'm going to assume that USCIS is going to say she is a dependent and you're income requirements would need to be adjusted accordingly.

Edited November 2, 2016 by agripa

[Lion Star 2]

Hello, Thanks all for reply but I want to ask following questions for clarification:

1-Yes aunt's current income is approximately 36,000 US $ and we have attached her Federal Income Tax Return and W2 for most recent year i.e 2015 & her recent pay stubs of 2016. Are these enough I think.

2- I have checked IRS "Do I need to file tax returns" it says if your income is below than 3900 then you are not required to files.

3- Ok I will post this question again on visa journey regarding "dependency of kid on grand father and my wife tax returns that she didn't file in 2013.

[Lion Star 2]

Hello, I want to ask following questions please help me urgently as my wife is USA Citizen

1-My wife was not in USA in year 2013 & didn’t file tax return for the year 2013 what should we have to write in I-864 in Part 6 -> 19.C “Total income zero” or should my wife has to write she was not in USA in 2013 and didn't do Job in 2013.

2-What should we have to write in form I-864 regarding my wife current income as she is in Pakistan with me. Should we have to write "Zero". but we have joint sponsor in our case.

2-My wife has two years daughter from her Ex Pakistani Husband who died in 2013. Now her daughter is living with her grandparents in USA and dependent on her grandfather as my wife is with me in Pakistan. Does my wife has to include her daughter in sponsor’s house hold size as her daughter is dependent on her grandfather?

[Unlockable 7,315]

Your wife MUST file taxes for the previous years she didn't. Even though she was not in the US she was still legally required to file. Have her do this then get the tax transcripts as you supporting documents.

If she has no income she must declare it but you will need a cosponser in order for you case to be approved.

[Kastrs 723]

Hello, I want to ask following questions please help me urgently as my wife is USA Citizen

1-My wife was not in USA in year 2013 & didn’t file tax return for the year 2013 what should we have to write in I-864 in Part 6 -> 19.C “Total income zero” or should my wife has to write she was not in USA in 2013 and didn't do Job in 2013.

If your wife did not have any income then yes 0, if she did have income she should file back taxes and then write the final amount from there (which will likely also be 0 because of the foreign income exclusion)

2-What should we have to write in form I-864 regarding my wife current income as she is in Pakistan with me. Should we have to write "Zero". but we have joint sponsor in our case.

If your wife currently has no US based income, then yes she should write 0

2-My wife has two years daughter from her Ex Pakistani Husband who died in 2013. Now her daughter is living with her grandparents in USA and dependent on her grandfather as my wife is with me in Pakistan. Does my wife has to include her daughter in sponsor’s house hold size as her daughter is dependent on her grandfather?

I would say yes as presumably the daughter will live with you in the US, and your wife likely claims her as a dependent for tax purposes

[AB loves AG 54]

Your wife MUST file taxes for the previous years she didn't. Even though she was not in the US she was still legally required to file. Have her do this then get the tax transcripts as you supporting documents.

If she has no income she must declare it but you will need a cosponser in order for you case to be approved.

She doesn't have to file if her income was below the filing requirement. She can just write a note on why she didn't file for a particular year.

[NikLR 13,227]

There is no question. If a usc or lpr has a child who is under 18 they must include the child on the I-864 with their household size regardless of where the child lives in the world or who supports them.