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URGET! I-864 income of your spouse

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  • URGET! I-864 income of your spouse

    I am filling out the I-864 affidavit of support and trying to figure out what documents i need to submit to show the income requirement is satisfied.

    I am a US citizen and am sponsoring my husband. We are both now in USA with two kids. Since I've been a housewife for the past 6 six years and my husband earns all the money/pays the bills, I put down "zero" as my current income on I-864. I'm going to use my husband's income to help satisfy this requirement. He works for a company located in Taiwan so he gets paid in Taiwan dollars. We are going to file tax return for the first time in USA next April. The instructions say do not submit any tax returns you filed with any foreign government, so what documents I should submit to show that he earns enough money and can support us?

    the instructions also say do not submit foreign tax returns unless the amount of your income is not subject to tax in the US. But our income is subject to US tax as we are living here (cannot use the foreign tax credit) and all foreign income is taxable...I am confused as to what documents I can submit?

    Thank you very much!

  • #2
    How is your husband here? Is he on a work visa or something?

    When you sponsor someone you use your income. If you don't have an income then you would have to find another sponsor that can supply the financial support. You can't use his income.
    Last edited by samlynn; 12-07-2015, 05:53 PM.
    This is my opinion not legal advice.

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    • #3
      Thanks for your reply. He is here under the visa waiver program. I am trying to file the I-485 adjustment of status for him. He doesn't have to be physically in Taiwan to work for his employer as long as he has access to the internet.

      If I read the instructions for I-864 correctly, you can include the income of your spouse as long as he is over 18 years old and provide evidence that his income will continue from the current source after obtaining lawful permanent resident status. (Instructions P.7. under item number 3-17 current annual household income)

      But i do not know what documents I can submit 'cause he has never filed tax return with the US government (as he was never a green card holder or citizen) and we are not going to file tax return with the US gov (IRS) until next April. We don't have any documents in hand except those foreign tax returns/bank records. Based from what I read in the instructions, they don't accept foreign tax returns. Any thoughts? thanks!

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      • #4
        paycheck stubs and letter from employer
        This is my opinion not legal advice.

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        • #5
          URGET! I-864 income of your spouse

          You can't use his income to sponsor himself, to be safe you should use a joint sponsor. As you state before he makes the money, and he is not a green card holder or citizen or in working visa so he don't have to file tax. You have not file tax in a while because you don't work so if you you want to avoid RFE in your AOS you should get a joint sponsor. Trust me I did try to avoid the joint sponsor at all cost but I used him anyways and it was no problem. I got my case approve and now I'm only waiting for the card in the mail. Try googling your question it might pop other sites that can also help you.
          Good luck

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          • #6
            URGET! I-864 income of your spouse

            Janice check this website
            http://www.alllaw.com/articles/nolo/us-immigration/income-requirements-sponsor-immigrant-affidavit-support.html

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            • #7
              thanks for the info. I think I will ask my brother or sister to be the joint sponsor but they might be scared to sign the contract. they are very careful and cautious, that's why I did not want to ask them for help in the first place...but i guess i have no choice. I don't wanna get a RFE. I will just ask them. Again, thank you very much!

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