littlelady7891

Ok now I understand I just have a few questions on the I-864. On number 21 it says to not count anyone twice, but 21a and 21c are both my husband. 21a says to enter the number I entered on question number 10 (total number of immigrants I'm sponsoring on the form) and 21c says if you're currently married enter "1" for your spouse. Do I have to put "1" for both questions? I also have a 6 month old baby who was born this year. I did not include her as a dependent when I filed my 2009 taxes this year. I will include her as dependent on next years taxes though. Does that mean I don't have to enter a "1" on question 21d, which says "if you have dependent children, enter number here"? The instructions say to include any dependents on my most recent tax returns, which she is not. I would imagine that I don't have to, but wasn't too positive. Thanks again!

You as the petitioner are always the primary sponsor. So you would say "yes" to the question.

Follow the example I-864 here on VJ. It can be very helpful.

I checked it out and it did help! Thanks!

Well the 1099 would be for interest income or self-employed income or retirement income to name a few. If all you have are wages, then their request would not apply. It is the 1040 they want, but remember that the 1040 includes all the federal forms attached to it. So I think you have a good idea to send a copy of all the pages. Good luck!

Thank you for your help! It was very helpful.

Hi Littlelady, sorry if this posts twice, my first reply didn't show up. You will need to copy every page of your FEDERAL return. Is it really 18 pages? For the 1099 forms - look at the forms you have your preparer - they say 1099 on them (some of them say 1099-MISC, or 1099-R, etc) Sounds like you have to copy those also. I don't know what "all different sorts of forms mixed together means."

Hope that helps.

ann

Thank you for your response! No, it didn't post twice Yes, my tax preparer handed me 18 pages of my tax returns! They are mixed because there are different forms included. I think it's because I filed for Earned Income Credit as well and there are several forms. Anyway, so my federal return is the form 1040 right? It says "form 1040 U.S. Individual Income Tax Return" I'm assuming this is it. I think I will just make copies of every single page my tax preparer gave me just to be sure! I looked over all of them and not one says 1099. I think they ask for it only if it applies to you. Please respond. Thanks for your help

I'M ABOUT TO SEND IN I-864 AFFIDAVIT OF SUPPORT. THEY ARE ASKING FOR PHOTOCOPIES OF MY MOST RECENT TAX RETURN. I HAVE THEM AT HOME, BUT WANT TO KEEP THEM FOR MY RECORDS, SO DO I NEED TO MAKE A COPY OF EVERY SINGLE PAGE (THERE' S 18 PAGES TOTAL) WHICH ARE ALL DIFFERENT SORTS OF FORMS MIXED TOGETHER THAT MY TAX PREPARER HANDED BACK TO ME TO KEEP?? ALSO THEY ARE ASKING FOR A COPY OF "FORM 1099-THAT RELATES TO MY RETURN" WHAT IS THAT? THANKS FOR ANY HELP

Yes it's for a visa. So should she just not include her deceased brother on the I-864 but send in a copy of death certificate to show that's the reason why she's not including him? Even if the reviewer decides to include the deceased brother in her household size she would still meet the minimum income requirements. So that wouldn't be a problem anyway. Can she send in a copy of the death certificate since I don't think she would feel comfortable sending in the original? What would you do?

We were thinking that she would probably would have to include my husband when she files taxes because she's sponsoring him, which is supporting him financially. You're saying that the affidavit of support has nothing to do with that at all and if she does support him he will probably not qualify as a dependent. So, I'll just go ahead and tell her she probably won't have to include him in next year's taxes.

One more thing, since I petitioned for my husband, I also have to fill out an I-864 as the petitioning sponsor, but I am unemployed (I wasn't at the time I sent in the I-130) so I know that my income won't really matter because I have a joint sponsor who's income is way past the minimum income requirements. So how should I fill out the the form? I'm stuck on a couple of questions like in part 3 question 8 says "I am sponsoring the principal immigrant named above" do I check the box? I don't know if you're familiar with the I-864 but I could really use help filing it out. Please let me know if you are so I can ask you a couple more questions that I'm stuck on. Thank you so much, you're advice has been very helpful

Hi all! I finally found someone to joint sponsor my husband for the I-864 affidavit of support, but the sponsor had a couple of questions regarding her income tax returns. Her brother passed away in 2009 and she included him as a dependant when she filed her taxes this year and she was wondering if she has to send in evidence along with the Affidavit of support showing that he passed away so that NVC will see that she will no longer be including him in next years taxes. Does she need to send in a letter explaining the situation? She also asked if she needs to put my husband as a dependant when she files taxes during the time she will be sponsoring him. Any and all advice/answers are greatly appreciated!! Thank you in advance!

Yes as mentioned, you are still primary sponsor and need to file the I-864.

The letter will be fine to explain why she didn't need to file taxes before, but she will need more than that to prove current income. I am not quite sure how as it is such a new business, you may want to start a new topic asking specifically about "how to prove income of newly self-employed" or similar. To be honest, I think they may be a bit suspicious of how someone goes from no income at all (and not enough assets to pay taxes on either) to making enough for a household of three people within a few months. Some suggestions would be evaluation and deeds of any business premises she owns (=assets), bank statements showing regular money coming in, letters from customers stating they have, and will again regularly in the future, buy from her etc.

Ok. Well she is receiving monthly checks from her husband (they are separated) and she has been saving up to start her business, she's a contractor. I was thinking maybe she could send in copies of checks she's received from the contracts (jobs) she gets and as you said, letters from other contractors that have worked with her before stating they will work with her again. Thank you very much. Your advice has been VERY helpful!!!

Taxes are the accepted way of providing proof of support even if there was not a legal requirement to file in which case this must be explained, for example the person receives non-taxed disability or retirement or even if they live off their assets. Then you must show proof of the non-tax income or assets.

Thank you! You helped a lot!

Ypou are still the primary sponsor, even if you have no money so yes, you need to file a I-864.

If your sister made so little that she was not required to file taxes, she should instead write and sign a letter saying so. However, how will she sponsor your husband if not on income? She will need to proof she has the assets necessary, or that her business is so successful it already makes enough money to support her household plus the immigrant.

Thanks for you reply! Ok, so even if I am unemployed, I still have to fill out a I-864? She hasn't filed taxes because she hasn't worked and now just started a business which is already getting very good income and seems to be successful enough to support her, her child and my husband (the immigrant). How can she prove she is making enough money if she hasn't filed taxes? Can she just make a letter stating why she hasn't filed taxes (hasn't worked and hasnt completed a year to file taxes for her business)?

Hi all!! I filed the I-130 for my husband and am now gathering documents for the affidavit of support. I was working at the time we sent in the I-130 but I am now unemployed. My sister who lives in USA is willing to sponsor my husband, she's a business owner and just started this month. She has not filed for taxes, obviously since she was unemployed and had not started her business, so can she still sponsor my husband even though she hasn't filed?? If so, do I leave the box unchecked on question #25 of the I-864???

This is what #25 says: "I have filed a Federal tax return for each of the three most recent tax years. I have attached the required photocopy or transcript of my Federal tax return for only the most recent tax year. My total income (adjusted gross income on IRS Form 1040EZ) as reported on my Federal tax returns for the most recent three years was: "

Also, do I need to fill out a I-864 myself even though I won't be sponsoring my husband at all in any way?

Oh ok, so our friend needs his most recent tax year, meaning the ones he filed this year?? Can he sponsor us even though he hasn't filed taxes, by using his earned quarters from the Social security administration? And what do we do if we don't have anyone to sponsor my husband, no family, no friends???

Hi all! I filed the I-130 Petition for Alien Relative for my husband who lives in Mexico, and am now at the part of filling out the affidavit of support. I was employed at the time when we sent in the I-130, but I am now unemployed. We have a friend of the family that is willing to sponsor my husband, but he hasn't filed taxes in the last 2 years. Can he use his latest tax returns (which would be for the year 2007) for the affidavit of support or does he need to have this years tax returns?

Any answers would be appreciated. Thanks!

l

Thank you! I'm sorry I wasn't more specific. I filed from the US. I'm at the part where I already sent in the $70 AOS fee, but in the process of sending in the AOS. I also paid the $400 IV Application Processing Fee and and I'm in the process of gathering all my documents together to send it all in. I still have not received my husband's interview date because I have not sent in the AOS or the IV Applicant Processing Documents. I think his interview will be in Ciudad Juarez. Some of the documents NVC is asking for at this time, in originals, are my husband's birth certificate as well as a photocopy of the biographic data page of his mexican passport and our marriage certificate which are all in spanish, along with translations and photocopies of each. You said if they are in spanish, there is no need to transalte them to english for the consulate, is that right? So what I'm thinking is that NVC requires translations, while the consulate does not, am I right or wrong? I had sent them with translations to english when I first sent in the I-130 petition to the chicago lockbox and don't know why NVC is asking for them again?? (NVC is also asking for photos at this time, and I think the consulate will be asking for more at the time of the interview, which I had also sent in at the beginning)??? If you have gone through this already, could you please let me know what you had to take for your interview at the consulate? Also, is it necessary to transalate mexican passport to english for the NVC?? Seems to me, they are more picky than the consulate. I know I don't need to translate mex passport for the consulate. Any answers would be GREATLY appreciated!! Thank you!!

Thank you! I'm sorry I wasn't more specific. I filed from the US. I'm at the part where I already sent in the $70 AOS fee, but in the process of sending in the AOS. I also paid the IV Application Processing Fee and and I'm in the process of gathering all my documents together to send it all in. I still have not received my husband's interview date because I have not sent in the AOS and the IV Applicant Processing Documents. I think his interview will be in Ciudad Juarez. Some of the documents they are asking for in originals are my husband's birth certificate as well as a photocopy of the biographic data page of his mexican passport and our marriage certificate which are all in spanish, along with translations and photocopies of each. They are asking for them now to send to the NVC and they are also going to ask for them again at the time of the interview, from what I have read on their "interview preparation" link on their website. You said if they are in spanish, there is no need to transalte them to english, is that right? I had sent them with transalations to english when I first sent in the I-130 petition and don't know why they are asking for them again?? (they are also asking for photos at this time, and at the time of the interview, which I had also sent in at the beginning)??? If you have gone through this already, could you please let me know what you had to take for your interview? Also, is it necessary to transalate mexican passport to english?? Not sure! Any answers would be GREATLY appreciated!! Thank you!!

Hello everyone! I'm filling out the DS-230 and came across a question I have a doubt on. First of all, I'm petioning for my husband who lives in Mexico, I am a US citizen. This is my question: When my husband goes for his interview, our two children and I are not going to accompany my husband. We are already residing in the USA. So does that mean we don't have to fill out a DS-230 for each one of us? Also, one of the documents I have to send in along with DS-230 is my husbands passport, but do I have to translate it to english? I know I have to translate our marriage certificate and his birth certificate, but wasn't sure if I had to translate the passport, since it's just common sense information. Please respond!!