Affirmative of support for AOS

[Shahrukh khan 0]

Hi every one I just want know a quick information my wife have filed for my AOS after K1 visa and We have received (RFE) in which USCIS wants my wife’a affidavits of support, as she have sponsored me initially we did not submitted because her income is to low now I want to know as we are married so do we need to file Tax together as her 2018 Tax is still not filed so do I file with her or she can file alone ??? As we need to send them latest tax statement. 

Waiting for reply for all of you.

[SalishSea 16,770]

7 minutes ago, Shahrukh khan said:

Hi every one I just want know a quick information my wife have filed for my AOS after K1 visa and We have received (RFE) in which USCIS wants my wife’a affidavits of support, as she have sponsored me initially we did not submitted because her income is to low now I want to know as we are married so do we need to file Tax together as her 2018 Tax is still not filed so do I file with her or she can file alone ??? As we need to send them latest tax statement. 

Waiting for reply for all of you.

Why would you file for AOS without an affidavit of support?  Sounds like you'll need a joint sponsor, and your wife will need to file taxes as married.

[K1visaHopeful 2,661]

31 minutes ago, Shahrukh khan said:

Hi every one I just want know a quick information my wife have filed for my AOS after K1 visa and We have received (RFE) in which USCIS wants my wife’a affidavits of support, as she have sponsored me initially we did not submitted because her income is to low now I want to know as we are married so do we need to file Tax together as her 2018 Tax is still not filed so do I file with her or she can file alone ??? As we need to send them latest tax statement. 

Waiting for reply for all of you.

The 2017 income tax forms can be used as proof of income on the I864 as the most recent tax year up until the filing cut off for 2018 on April 15th, 2019. 

Sounds like your wife will not meet the financial poverty guidelines for your household though for either 2017 or 2018 (I'm not sure because you havent made it really clear). If she doesnt meet the FPGL's you will need to find a joint sponsor.

Not sure why you did not submit an I864 with your AOS application as it was required.

Edited February 11, 2019 by K1visaHopeful

[Shahrukh khan 0]

12 hours ago, Jorgedig said:

Why would you file for AOS without an affidavit of support?  Sounds like you'll need a joint sponsor, and your wife will need to file taxes as married.

We have send AOS with her UNCLE (joint sponsor) and we did not filed with her Affidavit of support and now we received AOS and USCIS is asking for my wife Affidavit  of support as she sponsored me. so now she did not filed her 2018 TAX returns so do we need to filed 2018 and then send them or we can send them 2017 as its read.

 

thanks

[Shahrukh khan 0]

12 hours ago, K1visaHopeful said:

The 2017 income tax forms can be used as proof of income on the I864 as the most recent tax year up until the filing cut off for 2018 on April 15th, 2019. 

Sounds like your wife will not meet the financial poverty guidelines for your household though for either 2017 or 2018 (I'm not sure because you havent made it really clear). If she doesnt meet the FPGL's you will need to find a joint sponsor.

Not sure why you did not submit an I864 with your AOS application as it was required.

Actually my wife income is low so we have send her uncle affidavit of support as a joint sponsor but now USCIS wants my wife Affidavit of support we recevied (RFE) so on that note I was asking do we need to first jointly file our TAX for 2018 and then send or send them 2017 as she file her on TAX because I just came to United states on K1 visa

 

[K1visaHopeful 2,661]

 

38 minutes ago, Shahrukh khan said:

Actually my wife income is low so we have send her uncle affidavit of support as a joint sponsor but now USCIS wants my wife Affidavit of support we recevied (RFE) so on that note I was asking do we need to first jointly file our TAX for 2018 and then send or send them 2017 as she file her on TAX because I just came to United states on K1 visa

 

Ah I c.

You didnt submit your wife's I864 AT ALL because you assumed because her income was so low that she would have no responsibility to be financially responsible for you. (Not true. She is still financially responsible for you).

 

The 2017 income tax forms can be used as proof of income on the I864 as the most recent tax year up until the filing cut off for 2018 on April 15th, 2019. You dont need to submit 2018 ITRs if she hasnt filed yet. You would submit 2017 instead up until April 15th.

[SalishSea 16,770]

2 hours ago, Shahrukh khan said:

Actually my wife income is low so we have send her uncle affidavit of support as a joint sponsor but now USCIS wants my wife Affidavit of support we recevied (RFE) so on that note I was asking do we need to first jointly file our TAX for 2018 and then send or send them 2017 as she file her on TAX because I just came to United states on K1 visa

 

The petitioner is always the primary sponsor, regardless of income.....