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Question about Affidavit of Support form

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I'm getting ready to file Affidavit of Support for my wife. I understand that I have to provide income tax returns for past 3 years. The issue I have is, my most recent tax return (2017, and all prior years) is filed jointly with my ex-wife. Although, she did not have any income in 2016 and 2017 at all. All incomes reported on the return are from my W-2. My question is, do I have to file I-864A and have my ex-spouse sign it? Any clarification is hugely appreciated. Thanks. 

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The most recent year's tax return is required. The other 2 prior years are optional. You must have filed taxes for the past 3 years and provide the income numbers on the I-864 for the past 3 years.

 

Normally it is prudent to have an I-864A from a spouse when taxes are filed together, but since you are no longer married I see no issue without having one. It is no longer marital income/assets being used, and she has no input on the process.

You will still list the incomes from the tax returns directly on the I-864. The W-2s will show your individual income from those.

Pay stubs and an employment letter are best evidence of current income for an employee. If self-employed, the most recent year's tax return would demonstrate current income instead.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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15 minutes ago, topcatdc said:

I'm getting ready to file Affidavit of Support for my wife. I understand that I have to provide income tax returns for past 3 years. The issue I have is, my most recent tax return (2017, and all prior years) is filed jointly with my ex-wife. Although, she did not have any income in 2016 and 2017 at all. All incomes reported on the return are from my W-2. My question is, do I have to file I-864A and have my ex-spouse sign it? Any clarification is hugely appreciated. Thanks. 

NO.  Do be sure to state your own current income based on YOUR current pay stub and provide the pay stub as evidence of current income.

 

She is no longer your spouse.


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7 minutes ago, pushbrk said:

NO.  Do be sure to state your own current income based on YOUR current pay stub and provide the pay stub as evidence of current income.

 

She is no longer your spouse.

Thank you! I really appreciate the input. The statement below from I-864A instructions page threw me off. My 2017 tax return was filed as MFS and this doesn't constitute the other person as a dependent. Just wanted to be sure. 

image.thumb.png.71d4eb3bd8b0f8a4fcfe4f772a29dd38.png

15 minutes ago, geowrian said:

The most recent year's tax return is required. The other 2 prior years are optional. You must have filed taxes for the past 3 years and provide the income numbers on the I-864 for the past 3 years.

 

Normally it is prudent to have an I-864A from a spouse when taxes are filed together, but since you are no longer married I see no issue without having one. It is no longer marital income/assets being used, and she has no input on the process.

You will still list the incomes from the tax returns directly on the I-864. The W-2s will show your individual income from those.

Pay stubs and an employment letter are best evidence of current income for an employee. If self-employed, the most recent year's tax return would demonstrate current income instead.

Thank you so much for the clarification. 

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1 minute ago, topcatdc said:

Thank you! I really appreciate the input. The statement below from I-864A instructions page threw me off. My 2017 tax return was filed as MFS and this doesn't constitute the other person as a dependent. Just wanted to be sure. 

image.thumb.png.71d4eb3bd8b0f8a4fcfe4f772a29dd38.png

Give me a page and section number and I'll explain the context of that item.  I believe it lists who you COULD combine income with, not who MUST provide an I-864.  Reading carefully and interpreting literally requires one to understand the context as well.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

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22 minutes ago, pushbrk said:

Give me a page and section number and I'll explain the context of that item.  I believe it lists who you COULD combine income with, not who MUST provide an I-864.  Reading carefully and interpreting literally requires one to understand the context as well.

You are right. I panicked and took it out of context. The title says" who can be sponsor". On the same note, i am also sponsoring my step-children. Do I need to file separate I-864 for them (3 in total?). I am confused about this as well since the first part of the form asks information about the principal immigrant. In that case, All 3 would be identical. (***scratching head profusely***)

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2 hours ago, topcatdc said:

You are right. I panicked and took it out of context. The title says" who can be sponsor". On the same note, i am also sponsoring my step-children. Do I need to file separate I-864 for them (3 in total?). I am confused about this as well since the first part of the form asks information about the principal immigrant. In that case, All 3 would be identical. (***scratching head profusely***)

Yes, you do.  Since there is a petition for each step child, there is an affidavit for each step child.  You sponsor one individual per affidavit and the others are either your spouse (on childrens' affidavits) or other dependents not mentioned on this affidavit, so the household count comes out right.  Don't count anybody twice.  On your spouse's affidavit, put 0 in the spouse square because they are already counted as the sponsored immigrant.

 

Study ALL the instructions carefully and this will become clear.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

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***Hijack post removed; if you have your own question, you need to start your own thread.***


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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On 10/19/2018 at 11:10 PM, pushbrk said:

Yes, you do.  Since there is a petition for each step child, there is an affidavit for each step child.  You sponsor one individual per affidavit and the others are either your spouse (on childrens' affidavits) or other dependents not mentioned on this affidavit, so the household count comes out right.  Don't count anybody twice.  On your spouse's affidavit, put 0 in the spouse square because they are already counted as the sponsored immigrant.

 

Study ALL the instructions carefully and this will become clear.

Thanks a millions! That's been very helpful. Much appreciated!

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