I-864 Joint sponsor help?

[ZoeUK1989 35]

Hey everyone, I am looking for a little advice for my AOS. 

My wife's mom will be sponsoring me this time round where as my wife sponsored me for the K1. 

She has completed the form and earns well above the income requirement however I do not have any of her payslips or letter confirming her employment, are these actually required?

I have asked her for a copy of her passport or birth certificate, i have completed I-864 and her tax returns. 

i really need to file this ASAP as I am now over my 90 days. This was not the plan as we were going to file straight away but unfortunately I became extremely ill and this put a stop to anything I was doing.

 

If anyone can answer this i would be forever grateful. I really want to get all this packet together and sent off as I need my NOA to prove my legal status in the US for my health insurance.

 

Please can you help me

 

TIA 

 

Zoe 

 

[p-ana 933]

I believe the proof of employment is very important and haven't read about anyone successfully AOSing without it. (And would like to read about any successful cases)

 

So it's best for you to Ask for the paychecks, as they are proof of her current income. If you get them, you won't really need the employment letter. 

 

Don't forget that even if you have a sponsor, your spouse is still your main sponsor and needs to fill out their own i864 with supporting docs

[Wuozopo 4,285]

The requirement is the most recent tax return.  The other things are listed as optional in the I-864 instructions. Additional items are useful when the tax return does not show enough income. So an employer letter and pay stubs could prove a new job or big raise puts current income as sufficient. 

 

If if using the tax return photocopy, it must have the W2 (or 1099) with it.

Or get a free transcript from the IRS.

Did mom file  by herself or a joint return with a spouse?

 

if you use only the tax return, then make sure you put the exact number off line 22 as the current income. If she had a raise and she gave a higher income on the -I am currently employed as- part, then you would need more than the tax return to prove that number.  So match the tax return (or the W2) to avoid RFE.

 

 

Edited May 30, 2017 by Wuozopo

[Hawksquill 151]

You need payslips and preferably also an employment letter to provide proof; the I-864 simply isn't enough on its own, or else everyone would say they earned considerably more in the current tax year than their tax forms from the previous year indicate.  It also provides proof that she's still currently employed there, and isn't unemployed and submitting the previous year's returns from when she was employed. 

 

I wouldn't waste the paper and application fee until you can get the paystubs. 

Edited May 30, 2017 by Hawksquill

[ZoeUK1989 35]

Okay so off what most of you say i am going to get a RFE for the sponsor side. I didn't have time to get a letter from her employer as i needed to mail it to at least get the NOA1 to send to the insurance. She co sponsored alone and she is a single and living alone. She provided 3 years tax returns all showing well above the guide lines on every single one. 

 

I just thought it says about proof of citizenship which i got before mailing it but nothing about pay slips or letters on their website. I am pretty sure something will be wrong and i won't be one of the onea who are lucky enough to get skipped on the interview. Can only hope i suppose 

 

[Wuozopo 4,285]

14 minutes ago, ZoeUK1989 said:

Okay so off what most of you say i am going to get a RFE for the sponsor side. I didn't have time to get a letter from her employer as i needed to mail it to at least get the NOA1 to send to the insurance. She co sponsored alone and she is a single and living alone. She provided 3 years tax returns all showing well above the guide lines on every single one. 

 

I just thought it says about proof of citizenship which i got before mailing it but nothing about pay slips or letters on their website. I am pretty sure something will be wrong and i won't be one of the onea who are lucky enough to get skipped on the interview. Can only hope i suppose 

 

So clarify if you will. Did you send:

1. Spouse- I864, 2016 tax return with W2 (or a tax return transcript)
2. Mom- I-864, proof of citizenship, 2016 tax return with W2 (or a transcript)

 

[ZoeUK1989 35]

Yes both i864 were sent with tax returns and W2's. Also sent co sponsors photocopy of her passport. 

[Wuozopo 4,285]

24 minutes ago, ZoeUK1989 said:

Yes both i864 were sent with tax returns and W2's. Also sent co sponsors photocopy of her passport. 

Then you've submitted the required parts. Your joint sponsor is well above the guidelines, so there should be no questions about it. 

[ZoeUK1989 35]

4 hours ago, Wuozopo said:

Then you've submitted the required parts. Your joint sponsor is well above the guidelines, so there should be no questions about it. 

Hopefully not. When we originally applied for the K1 i had my fiance het letter from employer and pay slips because she had only just started earning the correct amount so knew her previous TR wouldn't show it. 

It's my wife's mother who is co sponsoring and she has worked for the same company for a very long time. It would be lovely if there were no issues but its not like a could even work once i have my permit with my illness so im not in a hurry for that just the NOA1 so i can prove to my insurance my immigration status 

 

[Suss&Camm 2,213]

3 hours ago, ZoeUK1989 said:

Hopefully not. When we originally applied for the K1 i had my fiance het letter from employer and pay slips because she had only just started earning the correct amount so knew her previous TR wouldn't show it. 

It's my wife's mother who is co sponsoring and she has worked for the same company for a very long time. It would be lovely if there were no issues but its not like a could even work once i have my permit with my illness so im not in a hurry for that just the NOA1 so i can prove to my insurance my immigration status 

 

You might get an rfe and you might not - it'll depend on the IO, I do see payslips and letters getting requested a lot cause they are proof of the current ongoing annual income - in both cases though,  you might still get waived for the interview, that isn't affected by an rfe. I'm sorry to hear that you haven't been well. I remember you from the K1 forum - I hope you get better and I wish you the best with your aos.