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EmilyJD

Who fills out the i-864?

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So my husband is the petitioner for the i-130.

His father will be my sponsor, so does this mean he would fill out the i-864

My husband does not have all the w2 for the past 3 years and will be unable to get them because the business shut down. Will this be a problem if he is not the main sponsor?

If my husbands father makes enough money and we live with him do we even have to use my husband as a joint sponsor? Or can we just use his father alone.

My husband has been working at a new job for 5 months so does not have a w2 for his current work. 

 

I'm really confused and would get a attorney but we can not afford one.  

 

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Your husband is the primary sponsor.....period....and he must submit an I-864 and supporting documents (or an explanation for missing support docs )...Your FIL will be a cosponsor and must also submit required paper work.

Edited by missileman

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Just now, EmilyJD said:

So my husband is the petitioner for the i-130.

His father will be my sponsor, so does this mean he would fill out the i-864

My husband does not have all the w2 for the past 3 years and will be unable to get them because the business shut down. Will this be a problem if he is not the main sponsor?

If my husbands father makes enough money and we live with him do we even have to use my husband as a joint sponsor? Or can we just use his father alone.

My husband has been working at a new job for 5 months so does not have a w2 for his current work. 

 

I'm really confused and would get a attorney but we can not afford one.  

 

Your husband can apply for  tax transcripts from IRS

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Just so you know, the petitioner (in this case your husband) is ALWAYS the sponsor. Even if doesn't earn enough to meet the minimum income requirement, he will still be your sponsor. Everyone else are cosponsors. So your husband's father is the cosponsor.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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8 hours ago, EmilyJD said:

So my husband is the petitioner for the i-130.

His father will be my sponsor, so does this mean he would fill out the i-864

My husband does not have all the w2 for the past 3 years and will be unable to get them because the business shut down. Will this be a problem if he is not the main sponsor?

If my husbands father makes enough money and we live with him do we even have to use my husband as a joint sponsor? Or can we just use his father alone.

My husband has been working at a new job for 5 months so does not have a w2 for his current work. 

 

I'm really confused and would get a attorney but we can not afford one.  

 

You need to go to the USCIS.com website and find the instructions for the I-864 and read them. They explain everything in more detail than answers in forums. 

 

Your father-in-law does not need a W2 from his current five month old job.  Your husband does not need three W2s. The requirement for any sponsor, primary or joint, is latest tax return. That would be 2017. The others (2016, 2015) are optional.  

 

A print out of the whole tax return needs a W2 with it because anybody could fill out a fake tax form saying they made a lot of money. The W2 issued by the employer verifies the actual wages reported on the copy of the tax form return.

 

A tax return transcript from the IRS doesn't need a W2 to verify the wages because the transcript is verified by the IRS as an accurate accounting of what was filed.  

 

Go read through  the instructions while follwing along on a print out of the I-864 form. Read several times until it makes sense.

Edited by Wuozopo

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My husband did not earn enough to file tax returns so he does not have them. Thats why i thought he needed W2 as proof of that. Sorry i didn't mention above.

He has a new job now where he earns enough but it has only been 5 months so again, he does not have the tax returns for this. 

His father said he will sponsor me and he earns enough. We can get the tax returns for him though.

 

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1 hour ago, EmilyJD said:

My husband did not earn enough to file tax returns so he does not have them. Thats why i thought he needed W2 as proof of that. Sorry i didn't mention above.

He has a new job now where he earns enough but it has only been 5 months so again, he does not have the tax returns for this. 

His father said he will sponsor me and he earns enough. We can get the tax returns for him though.

 

 

Instructions https://www.uscis.gov/system/files_force/files/form/i-864instr.pdf?download=1

Page 9. Line 5 tells what must be provided instead of a tax return.

"If you were not required to file a Federal income tax return......"

 

Also page 7-8. This section:

Item Number 7. Current Individual Annual Income.  

It gives the optional items to send if the tax return doesn't show enough.

 

 

Edited by Wuozopo

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