Affidavit of support - 1 QUESTION

[Pierrot]

Hello friends,

I have a quick question, here is our situation.
My wife and I filed for my Adjustment of status in Nov 17.
She is still a student and not making enough money to be my sponsor
Her dad is the co-sponsor and he filled the I-864, I-134, earning statements, the 3 last year tax return, employers letter.
We didn't understand that she was supposed to fill the I-864 then.

I thought we did that well, but here is the mail we received two days ago about my application.

"Form I-864, Affidavit of Support, was submitted; however, it was not from the petitioner/sponsor. Submit a completed and signed Form I-864, (revision date of 07/02/2015), for the petitioner/sponsor listed on Form I-130 or Form I-129F. Even if a joint sponsor will be used, the petitioner/sponsor must submit Form I-864. (The Form I-134 is no longer acceptable to use for Adjustement of status.) Also, provide copies of the petitioner/sponsor's most recent Federal Income tax returns and all supporting tax documents (W-2s, 1099s, Form 2555, and tax schedules)."

Here are my questions :
What are the documents that we need to send?
Is there anything else that could help?
Any tips for my wife to fill the I-864?

Thank you so much for your help!!
Pierrot

[newacct]

Hello friends,

I have a quick question, here is our situation.
My wife and I filed for my Adjustment of status in Nov 17.
She is still a student and not making enough money to be my sponsor
Her dad is the co-sponsor and he filled the I-864, I-134, earning statements, the 3 last year tax return, employers letter.
We didn't understand that she was supposed to fill the I-864 then.

I thought we did that well, but here is the mail we received two days ago about my application.

"Form I-864, Affidavit of Support, was submitted; however, it was not from the petitioner/sponsor. Submit a completed and signed Form I-864, (revision date of 07/02/2015), for the petitioner/sponsor listed on Form I-130 or Form I-129F. Even if a joint sponsor will be used, the petitioner/sponsor must submit Form I-864. (The Form I-134 is no longer acceptable to use for Adjustement of status.) Also, provide copies of the petitioner/sponsor's most recent Federal Income tax returns and all supporting tax documents (W-2s, 1099s, Form 2555, and tax schedules)."

Here are my questions :
What are the documents that we need to send?
Is there anything else that could help?
Any tips for my wife to fill the I-864?

Thank you so much for your help!!
Pierrot

Your wife, as the petitioner, is a sponsor and must fill out an I-864. She needs to attach her last year of tax returns, and on the form she needs to fill in the "total income" number from her tax returns from the last 3 years.

[UScitizenFilingforspouse]

Hello friends,

I have a quick question, here is our situation.
My wife and I filed for my Adjustment of status in Nov 17.
She is still a student and not making enough money to be my sponsor
Her dad is the co-sponsor and he filled the I-864, I-134, earning statements, the 3 last year tax return, employers letter.
We didn't understand that she was supposed to fill the I-864 then.

I thought we did that well, but here is the mail we received two days ago about my application.

"Form I-864, Affidavit of Support, was submitted; however, it was not from the petitioner/sponsor. Submit a completed and signed Form I-864, (revision date of 07/02/2015), for the petitioner/sponsor listed on Form I-130 or Form I-129F. Even if a joint sponsor will be used, the petitioner/sponsor must submit Form I-864. (The Form I-134 is no longer acceptable to use for Adjustement of status.) Also, provide copies of the petitioner/sponsor's most recent Federal Income tax returns and all supporting tax documents (W-2s, 1099s, Form 2555, and tax schedules)."

Here are my questions :
What are the documents that we need to send?
Is there anything else that could help?
Any tips for my wife to fill the I-864?

Thank you so much for your help!!
Pierrot

It’s too bad you didn’t catch that. Live and learn. If she didn’t make any money at all and does not have W-2s, then she should file a 1040EZ showing ZERO income. Just go on turbo tax and do it. It’s quick and possibly free.

Even if her income falls below the IRS minimum and technically she can skip filing a return, she should still file a return.

You can take care of this in no time. Get to it!

Best of luck!

[newacct]

It’s too bad you didn’t catch that. Live and learn. If she didn’t make any money at all and does not have W-2s, then she should file a 1040EZ showing ZERO income. Just go on turbo tax and do it. It’s quick and possibly free.

Even if her income falls below the IRS minimum and technically she can skip filing a return, she should still file a return.

You can take care of this in no time. Get to it!

Best of luck!

She doesn't need to file a return if she wasn't required to file.

[Pierrot]

Hello newacct and UScitizenfillingforSpouse
Thank you for your answers.
She is still a student. She has a W-2 but she does not make enough money to have to file taxes.
Not sure if this is acceptable or if it'll be a problem.

[newacct]

Hello newacct and UScitizenfillingforSpouse
Thank you for your answers.
She is still a student. She has a W-2 but she does not make enough money to have to file taxes.
Not sure if this is acceptable or if it'll be a problem.

The only way she would not be required to file taxes for a given year is if her income is lower than the threshold for needing to file taxes. The exact threshold can be found in the relevant year's Form 1040 instructions, in a section near the beginning called "Do You Have To File?" If she did not file for any of the last 3 years but was required to file, she needs to file now. If she did not file for any of the last 3 years and she was not required to file, then that's fine. She would put "N/A" for the "total income" for that particular year's tax return in Part 6 #19, she would check the box in Part 6 #20, and per the I-864 instructions, she would attach a statement stating that she was not required to file because her income was below the threshold for those year(s), citing her income for those years, and citing the threshold for needing to file for that year.