Question about Affidavit of Support form

[topcatdc 0]

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. 

[geowrian 22,337]

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.

[pushbrk 12,978]

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.

[topcatdc 0]

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. 

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. 

[pushbrk 12,978]

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. 

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.

[topcatdc 0]

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***)

[pushbrk 12,978]

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.

[Ryan H 3,813]

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

[topcatdc 0]

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!