NVC (merged)

[Ozii 0]

 I am in the process of trying to obtain an IR1 visa for my wife. I am currently in the NVC stage of the process. I have two questions with regards to this phase.
1.    My wife does not fully comprehend English; may I assist her with filling the DS260?
2.    I believe the NVC requests the petitioner’s last 3 years tax returns (w 2’s, 1099’s and schedules). They also request petitioner’s proof of employment. I am currently living abroad with my wife and have been for the past 4 years. I was working for a local company up until last year and I am currently unemployed. I do not have any tax returns. What should I do?
 

[Ozii 0]

Hey everyone! Im sort of stressed about the affidavit of support. My sponsor lives with her husband, they both work. She (my sponsor) makes well over 40k a year. I know that she needs to make around 30k to sponsor my wife (the beneficiary), but is the 30k gross or net?

[Liam2021 551]

13 minutes ago, Azad Ismail said:

Hey everyone! Im sort of stressed about the affidavit of support. My sponsor lives with her husband, they both work. She (my sponsor) makes well over 40k a year. I know that she needs to make around 30k to sponsor my wife (the beneficiary), but is the 30k gross or net?

 Do you means she will be your joint- sponsor?

[Boiler 43,391]

Yes

 

How will you address the domicile and sponsorship issues.

[millefleur 5,035]

**Similar topics merged; please keep all discussion about joint sponsors and the NVC process to this thread.**

 

VJ Moderation

[geowrian 22,335]

2 hours ago, Azad Ismail said:

I believe the NVC requests the petitioner’s last 3 years tax returns (w 2’s, 1099’s and schedules). They also request petitioner’s proof of employment. I am currently living abroad with my wife and have been for the past 4 years. I was working for a local company up until last year and I am currently unemployed. I do not have any tax returns. What should I do?

You will need to file US federal taxes for at least the past 3 years to qualify as an I-864 sponsor. As the petitioner, you must be an I-864 sponsor even if you have a joint sponsor. US citizens are taxed on worldwide income...check your passport as a reminder.

The exception is if your income is below the filing threshold. This threshold is the same whether you live/work in the US or abroad.

You may or may not qualify for the FEIE to reduce or eliminate any taxes on your foreign income. Seek a qualified CPA if you need assistance with filing the back tax returns.

Edited April 5, 2020 by geowrian

[Ozii 0]

Do i have to be her sponsor? Can i have another individual state that she will fully sponsor all my wife's financial needs?

[Boiler 43,391]

You are always the Sponsor.

[Ozii 0]

Hey everyone! Im sort of stressed about the affidavit of support. My sponsor lives with her husband, they both work. She (my sponsor) makes well over 40k a year. I know that she needs to make around 30k to sponsor my wife (the beneficiary), but is the 30k gross or net?

 

is the 30k or so she has to make to sponsor my spouse  gross or net?

[geowrian 22,335]

2 hours ago, Azad Ismail said:

Do i have to be her sponsor? Can i have another individual state that she will fully sponsor all my wife's financial needs?

You can have a joint sponsor for the financial support, but as the petitioner you must be the primary sponsor still. No I-864 from the petitioner = no family-based visa permitted by law. No tax returns = no valid I-864.

 

1 hour ago, Azad Ismail said:

Hey everyone! Im sort of stressed about the affidavit of support. My sponsor lives with her husband, they both work. She (my sponsor) makes well over 40k a year. I know that she needs to make around 30k to sponsor my wife (the beneficiary), but is the 30k gross or net?

 

is the 30k or so she has to make to sponsor my spouse  gross or net?

Current income. If W-2 earners, this is the gross wages on the pay stub.

$40k would satisfy the minimum for consideration. The CO makes a decision on the public charge risk based upon a totality of the circumstances: https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2

Edited April 5, 2020 by geowrian

[Ozii 0]

Current income. If W-2 earners, this is the gross wages on the pay stub.

$40k would satisfy the minimum for consideration. The CO makes a decision on the public charge risk based upon a totality of the circumstances: https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2

 

My sponsor is a 1099 earner, she makes 40k a year gross. would that be acceptable?

[Ozii 0]

You can have a joint sponsor for the financial support, but as the petitioner you must be the primary sponsor still. No I-864 from the petitioner = no family-based visa permitted by law. No tax returns = no valid I-864.

 

What do you mean when you say i (the petitioner) have to be the primary sponsor? Does that mean i have to sponsor my spouse  more financially than my joint sponsor?

[geowrian 22,335]

12 minutes ago, Azad Ismail said:

My sponsor is a 1099 earner, she makes 40k a year gross. would that be acceptable?

Then her current income would be based on her most recent tax return income. See the "total income" line on the 1040.

 

6 minutes ago, Azad Ismail said:

What do you mean when you say i (the petitioner) have to be the primary sponsor? Does that mean i have to sponsor my spouse  more financially than my joint sponsor?

It means you must provide an I-864 (and therefore qualify to file one, such as having filed taxes).

It means you will be financially responsible for them in accordance with the I-864 terms (even in the event of divorce). Your joint sponsor will be as well.

It does not mean you have to provide more financial support than anybody else.

Edited April 5, 2020 by geowrian

[Ozii 0]

It means you must provide an I-864 (and therefore qualify to file one, such as having filed taxes).

It means you will be financially responsible for them in accordance with the I-864 terms (even in the event of divorce). Your joint sponsor will be as well.

It does not mean you have to provide more financial support than anybody else.

 

Can i do back taxes now for the last three years and use them on my i864? It doesnt matter if the taxes were filed late right? like right before submitting them to the NVC?? Do both me and my joint sponsor have to file separate i864's? 

[geowrian 22,335]

14 minutes ago, Azad Ismail said:

Can i do back taxes now for the last three years and use them on my i864? It doesnt matter if the taxes were filed late right? like right before submitting them to the NVC?? Do both me and my joint sponsor have to file separate i864's? 

Correct. The backed taxes must be filed. When they were filed doesn't matter.

Since it will take time to get a tax transcript after filing, you can submit a copy of the complete tax return for the most recent year to NVC alongside the I-864.

 

Yes, an I-864 packet from each sponsor is required.