Sponsoring my child to come to the US

[Sonata Arctica 2]

In July of 2024, I filed an I-130 for my son to move to the US. We just got an approval for the I-130 and the case has been sent to the NVC for processing. He lives in Canada with my ex-wife.

 

One of the things to submit is the I-864 (AoS). I am married with my wife here in the US. My confusion is about which I-864 to file AND what supporting documents to share. Here is our situation:

 

On my own, I make well over the required income. My wife and I both work and we file our taxes jointly. The question is, do I file I-864EZ or I-864? It seems that the EZ form will work for me, but then then does my wife also need to file an I-864A, since we jointly file our taxes? And what documents should we submit? I have IRS return transcripts for 3 years, and I also have my and my wife's W2s for the last year. Do we submit the I864 and I864A along with only one year's IRS transcript or do we also submit our 2024 tax return (1040) with the W2s for both me and her? The confusion is about transcripts vs tax return and whether W2s and 1099s are to be submitted or not. I am happy to submit all of them, but not sure if giving too much information can result in the app being denied or delayed.

 

Any help as to what form(s) to submit as Affidavit of Support and what documents to submit with them is greatly appreciated.

 

Thanks.

[appleblossom 4,905]

**Thread moved to the Bringing Family Members of USC's to America forum for accurate advice - if you are a LPR, please let us know and we'll move it again**

[mam521 2,654]

Someone else can confirm, but I believe because you are MFJ, you have to file the I-864 (not the EZ) and the I-864A.  

 

If you have your tax transcripts, use those.  They prove not only were your taxes filed, but they were reviewed by the IRS.  So, transcripts for 2022-2024.  If you only have transcripts for 2022 & 2023 plus the 1040's and W2's for 2024, do that.  

 

How old is your child? 

[Sonata Arctica 2]

Thank you for your reply. He was 20 when I filed and now he is 22, but still qualifies as a child under IR-2.

 

We did file all our taxes as MFJ, so am happy to provide all three years' transcripts. But on the I-864A form, the instructions ask for 1040 along with ALL W2as well. It doesnt make sense to me to submit our 3 years' transcripts from the IRS, PLUS the 1040s and all the W2s. Also, from what I understood, if my income alone is sufficient to sponsor him, why does my wife need to submit an I-864A? I earn close to $53K and she earns over $55K. Together, we make around $110K a year, and for my son's immigration, we only need around $325K income. So it is a bit confusing.

[Sonata Arctica 2]

Pardon the typo. We need around $35K income, not $325K.

[Crazy Cat 45,288]

18 hours ago, Sonata Arctica said:

why does my wife need to submit an I-864A?

Because it's joint household income for taxes.  The I-864a ensures the spouse is fully aware of the obligations of sponsorship.   Some consulate officers require it.

Edited 12 hours ago by Crazy Cat

[Sonata Arctica 2]

1 hour ago, Crazy Cat said:

Because it's joint household income for taxes.  The I-864a ensures the spouse is fully aware of the obligations of sponsorship.   Some consulate officers require it.

Thank you for your response. She has already filled one out, so we are ok there. Now a few questions:

 

1. Should I do the EZ version or the full version?

2. What documents should I submit? I have 3 years' tax returns (1040s jointly filed), 3 years' IRS transcripts and all our W2s from the last year (2024). Do I submit all of these?

3. What documents should my wife submit in addition to what I submit?

 

Honestly, the way they write the instructions is not entirely clear. I have all the possible combinations of documents ready, but am not certain on what all needs to be submitted.

 

Thank you.

[Vickys_Mom 267]

2 hours ago, Sonata Arctica said:

Honestly, the way they write the instructions is not entirely clear. I have all the possible combinations of documents ready, but am not certain on what all needs to be submitted.

 

You want to submit enough to avoid an RFE.  (smile)  

 

My wife sponsored her mother.  She did an I-864.  I did an I-864A.  I gave them everything...tax transcripts, copies of W-2s from each year, copies of our 1040s.  We didn't get an RFE.

 

I am a weirdo who would rather send them more than they need instead of trying to figure out what's best.  Especially when all the numbers match.

 

Regards,
Vicky's Mom