Question about I-864 Affidavit of Support

[Elopezv 0]

Hello everyone, I'm new to the forum and I'm currently working on a packet for my spouse. I'm planning on sending I-130 and I-485 together.

 

1. Do I have to send I-864 along with I-485 or can it wait until later.

2. I've been outside of the US for 6 years and I don't qualify to be a sponsor,  do I still need to send tax transcripts even though I don't qualify?

3.  My mother will be my joint sponsor and she's filing a I-864 as well, what document aside from tax transcripts should she attach to the form?

4.  I completed all of my forms in blue ink (I-130, I-130A, I-485, I-864, I-765).  Should I rewrite all of them in black ink?  Have not sent anything yet.  

 

I would appreciate any help and information.  Thanks in advance.

[geowrian 22,335]

I'm assuming your spouse is in the US and entered with inspection...

1. Yes. They will either RFIE or (more likely due to the change in policy start sept. 1th 2018) deny the I-485 outright due to lack of required documents. The new policy was put in place to prevent "placeholder" applications - getting in line and expecting an RFIE/RFE later.
2. You must have filed taxes for at least the past 3 years. If you weren't required to file taxes (i.e. if your income was below the filing threshold....note that USCs are taxed on worldwide income), then you provide a signed letter stating why you werren't required to file.
   1. Even with a joint sponsor, the most recent year's tax return - assuming you were required to file that year - is required. The other 2 prior years' tax return copies/transcripts  are optional.
3. Evidence of her income. If she is a W-2 employee, then her paystubs + an employment letter should be fine. If self-employed, then her income is based on her taxes.
4. Shouldn't matter.
   1. Why no I-131? Your spouse won't be able to leave the US (and return) until a green card is issued...which may take over a year.

Edited September 26, 2018 by geowrian

[Elopezv 0]

Thanks so much for your quick response.  My spouse is in the US and entered with inspection.  

 

I am worried because I've only filed 2017 taxes while being abroad.  I was planning on sending 2017's transcript and then all of the info from my Joint sponsor.  If I understand correctly, I can't send anything until I get my taxes sorted out? Otherwise there is a high chance that the I-485 will be denied.

 

Edit*  I-131 is a form I didn't know about, thanks for the input.

Edited September 26, 2018 by Elopezv

[geowrian 22,335]

13 minutes ago, Elopezv said:

I am worried because I've only filed 2017 taxes while being abroad.  I was planning on sending 2017's transcript and then all of the info from my Joint sponsor.  If I understand correctly, I can't send anything until I get my taxes sorted out? Otherwise there is a high chance that the I-485 will be denied.

You will need to file 2015 and 2016 taxes - if you passed the minimum income thresholds - to file an I-864 at this time. There is a question on the I-864 asking about this ("Have you filed a Federal income tax return for each of the three most recent tax years?").

 

Technically you can file the I-130/I-130A sooner, but it won't  speed up the process or grant any benefits...so not too much point in doing so.

[Elopezv 0]

Thanks a lot.  I'll work on finding a solution to that as soon as possible.