I-864, seriously worried. HELP

[Frosty56]

I married my hubby last year 2017 and filed for AOS (I-485,i-130 etc) in Jan 2018.
I am scheduled for my biometric on the 14th of match but what worries me is my I-864.affidavit of support. My husband who is an American citizen is my sponsor but earned 28,000 in 2015 taxes and 40,850 in 2016 taxes respectively.
Most importantly, he has 4 kids on child support which he pays and the KIDS are with the WOMAN not him so we didn?t include them as dependents just both of US (2) only
My QUESTION, what he earns is enough to support me more than the 20000 or so required for 125 percent above poverty guide line for 2015/16 most recent tax but not enough if the kids are included.
Do they check if the sponsors has child support payments for processing I-864???
Do u think my application might be RETURNED, DENIED or need RFE?
My friends was returned last week for a little different reason though.

And I submitted just 2015,2016 taxes only including passport, birth certificate, SSN etc.

Has anyone been in this shoes???

I?m soooo worried
Thanks

[azblk]

if he claims the kids on his tax return then he has to include those kids in household size on i-864.

[Frosty56]

Thank you

Thank you for your reply. Just wondering, in your case, were there any child supports and was it considered for your I-864 approval? I mean the amount on you tax returns? Thanks a lot

[tomjerry111]

I-864 rfe

I cant comment on household size scenario but I can comment on RFE for I-864 based on my experience. We married last year and filed on January 2018. we submitted our 2016, 2015 Federal tax transcripts and final paystubs of 2017 as We have not filed for taxes at the time of filing AOS. Therefore, after a month we received a RFE requesting Most recent Year 2017 tax return and w-2s. I just submitted that because by the time I received RFE we already filed for 2017 tax return.

So based on my experience, Yes you may receive RFE for sure regarding 2017 tax return and about household size I don't know.

[Frosty56]

Very helpful

Thank you for your reply. Very helpful.
When you filed the 2017 taxes, I guess you didn?t have your SSN yet, did you still file jointly? Or did the citizen file alone for now? On the tax, did you say married because if you did, it will request for SSN of husband or wife of the non US citizen (if filed jointly),
Please how did you go about it?
Thanks

[tomjerry111]

Thank you for your reply. Very helpful.
When you filed the 2017 taxes, I guess you didn?t have your SSN yet, did you still file jointly? Or did the citizen file alone for now? On the tax, did you say married because if you did, it will request for SSN of husband or wife of the non US citizen (if filed jointly),
Please how did you go about it?
Thanks

I had a same question and I did some research before filing to Taxes. Sure I am more than happy to share.

We wanted to file taxes Married Filing Jointly. However, My partner don't have an SSN as she is on F1 visa (Student). the person who don't have an SSN and want to file for Taxes with US Citizen Spouse. They need to apply for ITIN number ( Individual Taxpayer Identification Number) along with Federal Tax filling.
That means we filed our 2017 federal taxes and Applied for ITIN Number at the same time. So Instead of spouse's SSN, there will be her ITIN number used to file the taxes.

In order to apply for ITIN number, there are two option.

option 1 : Apply for ITIN with form W-7 and send original Passport to IRS. They will take weeks to send ITIN.

option 2: you can Go to IRS Certified Centers like H&R Block or Liberty Tax Services(You will find the list on www.IRS.gov). They will apply for your ITIN number with 2017 Federal Tax return to IRS; however, you only can file through paper filing because you are applying for ITIN number. It will take 4-7 weeks or more to process you Taxes. (I choose this option because you don't need to send you original passport to IRS as they certified your passport copy and attach with an application)

as you mentioned, Yes I think your spouse can File for federal tax return - Married Filing Separately for now (Without your SSN/ITIN) and he can amend the taxes later with Married Filing jointly status. We wanted to file jointly ; therefore, we decide to apply ITIN number. I don't know about married Filing Separately status.


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This is just a my Opinion, Not a Legal Advice.

[Frosty56]

Thank you... you are a blessing

Thank you for taking this time to help. Very very helpful