Affidavit of support i 864 or 864a

[devinr12]

I have not filed taxes ever. I have had income, and I am getting that squared away with a tax attorney now. Before that happens however, I would like to get my wife her green card. I would like to do it beforehand because my wife and I have a son, and my tax situation could potentially take years and I had years where I didn't earn income at all. She is currently in the USA with me. My parents have agreed to fill it out the joint sponsorship for me. But which one should they use? I feel as if they should use the i- 864a, but not certain.

1. They do not claim me as a dependent.
2. We are currently in their house as we just moved back to the USA recently and it was the holiday season, and haven't found our own place yet. Super hard to find a place here as there is long waiting lists, and just finding one could take 6+ months.
3. My mailing address has been the exact same for my entire life, and it is their address. I lived overseas the last decade, but never changed mailing address.
4. For all the paperwork I have used their address.

I know I have to fill out the i 864, but which one do they fill out? If I have not filed taxes, do I mark the box unemployed?

Lastly, my wife and I have a son born in the USA. I am a bit confused on some of the filing of the paperwork, on whether or not to include him. He was born in the USA when my wife was here on a student visa a couple years ago. I would only include him under i 864 Part 5, sponsors household size, right? He is not immigrating since he is a US citizen, and only a US citizen. He is not needed to be sponsored, even though he is a member of our household, correct? Somewhat confused.

[rayb]

Devinr,

Your parents can prepare an I-864A and include with your I-864, or they can file a separate I-864.

All you need for your I-864 is the most recent year income tax return, or else you must include a statement explaining why you did not file an income tax return.

--Ray B

I have not filed taxes ever. I have had income, and I am getting that squared away with a tax attorney now. Before that happens however, I would like to get my wife her green card. I would like to do it beforehand because my wife and I have a son, and my tax situation could potentially take years and I had years where I didn't earn income at all. She is currently in the USA with me. My parents have agreed to fill it out the joint sponsorship for me. But which one should they use? I feel as if they should use the i- 864a, but not certain.

1. They do not claim me as a dependent.
2. We are currently in their house as we just moved back to the USA recently and it was the holiday season, and haven't found our own place yet. Super hard to find a place here as there is long waiting lists, and just finding one could take 6+ months.
3. My mailing address has been the exact same for my entire life, and it is their address. I lived overseas the last decade, but never changed mailing address.
4. For all the paperwork I have used their address.

I know I have to fill out the i 864, but which one do they fill out? If I have not filed taxes, do I mark the box unemployed?

Lastly, my wife and I have a son born in the USA. I am a bit confused on some of the filing of the paperwork, on whether or not to include him. He was born in the USA when my wife was here on a student visa a couple years ago. I would only include him under i 864 Part 5, sponsors household size, right? He is not immigrating since he is a US citizen, and only a US citizen. He is not needed to be sponsored, even though he is a member of our household, correct? Somewhat confused.

[devinr12]

response

Since I did not file since 2006, I would need the statement explaining why?

[rayb]

All you need is a copy of your 2014 Federal income tax return. For purposes of this sponsorship package, only the most recent tax return (2014) or credible explanation for why you are not required to file a tax return, is needed.

Neither USCIS nor NVC care about earlier tax returns, just 2014 (and soon, 2015).

--Ray B

Since I did not file since 2006, I would need the statement explaining why?

[devinr12]

All you need is a copy of your 2014 Federal income tax return. For purposes of this sponsorship package, only the most recent tax return (2014) or credible explanation for why you are not required to file a tax return, is needed.

Neither USCIS nor NVC care about earlier tax returns, just 2014 (and soon, 2015).

--Ray B

I didn't file once since 2006. Thats why I need to use my father. Are you the lawyer here? My father would file the i 864....or i 864a? I would like to use his address on the paperwork, and am at his house currently but would be moving soon. I have no way of providing proof of being able to support her at all, but for my father it is not a problem.

[rayb]

If you are the petitioner, you are the primary sponsor, and your father is either a household member joint sponsor or a separate joint sponsor.
You must either include a 2014 Federal income tax return or an attachment, signed and dated, explaining why you were not required to file a 2014 Federal income tax return.


--Ray B

I didn't file once since 2006. Thats why I need to use my father. Are you the lawyer here? My father would file the i 864....or i 864a? I would like to use his address on the paperwork, and am at his house currently but would be moving soon. I have no way of providing proof of being able to support her at all, but for my father it is not a problem.

[element123]

Affidavit of support

Here's my situation right now. My father was petitioned by my aunt and is already a lawful resident in the US. I'm his son and he place me under the follow to join. I was required for an affidavit of support by the embassy and while my aunt is filling the form which box should she check? the petitioner or the only joint sponsor? since my father is already a lawful resident there. My father is the principal immigrant and we stated it on the said form. here's another problem on part 3 of the form. should we check the yes or no? since yes states that my aunt is sponsoring my father but he is already a lawful resident in the US or no because it's me that she should be sponsoring but it also states that she should be a 2nd joint sponsor. I'm confused with the options.