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Need little help about I864.

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  • Need little help about I864.

    Hey guys, I wished you all the best. I got some question and I hope you guys can discuss as well as answer my question, is will help me alot.
    Last month, I already send all my application AOS based on marriage. All cashed check and have a recipt. Waiting for BIO. My question is, while filling I864, my wife had already file her I864 but her income didnt over 125%, plus she doesnt file her tax. Then, one of my family help me as joint sponsor, already file tax return and w2. So I have send the USCIS that package,( include my wife I864 but without w2 and tax return, plus my joint sposnor i864 and their w2 and tax return, proof of USC) all accept. But all I worry is after the BIO, will USCIS give me a RFE for my wife taxes and w2? Because she doesnt file, so I don't have that file to send, but I already have my joint sponsor i864, their tax and w2 and their proof of USC. I don't know if USCIS will asking my wife taxes and w2 even i already have my joint sponsor. Currently, all the application and package has been accepted and got all the recipt and case number. Thanks guys!

  • #2
    Your wife is required to attach her tax return for the last year, and also provide the "total income" number from her tax returns for the last 3 years for one of the questions on the form. If she didn't file a tax return for any of those 3 years because her income was below the income threshold for needing to file, she needs to check a box on the form and attach a statement stating that she wasn't required to file for those years.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Help with the I-864

      I came from another country last year and started working, so my Income tax is only showing my income for 3 months... can I be affidavit with this only income tax and couple of paystubs that demostrate that I earn more than the 125%

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      • #4
        Originally posted by pontw123 View Post
        Hey guys, I wished you all the best. I got some question and I hope you guys can discuss as well as answer my question, is will help me alot.
        Last month, I already send all my application AOS based on marriage. All cashed check and have a recipt. Waiting for BIO. My question is, while filling I864, my wife had already file her I864 but her income didnt over 125%, plus she doesnt file her tax. Then, one of my family help me as joint sponsor, already file tax return and w2. So I have send the USCIS that package,( include my wife I864 but without w2 and tax return, plus my joint sposnor i864 and their w2 and tax return, proof of USC) all accept. But all I worry is after the BIO, will USCIS give me a RFE for my wife taxes and w2? Because she doesnt file, so I don't have that file to send, but I already have my joint sponsor i864, their tax and w2 and their proof of USC. I don't know if USCIS will asking my wife taxes and w2 even i already have my joint sponsor. Currently, all the application and package has been accepted and got all the recipt and case number. Thanks guys!
        It looks like you will get a RFE for your wife's tax transcript (or tax return plus either W2 or 1099). You can submit tax transcript of the most recent year (unless you feel like you need to submit all 3 years) She should start filing now so you have ready when they send the RFE

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        • #5
          Originally posted by Lyanna View Post
          It looks like you will get a RFE for your wife's tax transcript (or tax return plus either W2 or 1099). You can submit tax transcript of the most recent year (unless you feel like you need to submit all 3 years) She should start filing now so you have ready when they send the RFE
          If she wasn't required to file, then she doesn't need to have filed.

          This is my personal opinion and is not to be construed as legal advice.

          Comment

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