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  • I-864

    post general question Affidavit of support 11-14-2019, 03:28 AM Hi, I am in the process of my application for adjustment of status but for some reason I am confused with the forms and requirements for I-864 affidavit of support. my wife did not qualify as a sponsor now since her mom is doing it for me as the beneficiary, what kind of forms do both of us need to fill, after getting her recent 3 years tax return, 6 months paystubs, what else do I need and can someone please help what is a W2s and how do i get it.
    Thanks

  • #2
    Your wife (the petitioner) and her mom (the joint sponsor) has to both do the I-864. Even though your wife does not qualify, she still has to sign up that form.

    -Your wife has to submit her most recent tax returns. If she did not file, she has to submit a letter stating why she was not permitted to do so.

    - I would suggest asking your joint sponsor to retrieve her "Tax return transcript" on the IRS website. When she does get them, W2's are NOT needed. The transcripts are better evidence to send, because it shows she actually filed her taxes. 6 months pay stubs and a employment letter is good to show her current income.
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    • #3
      Originally posted by Upnext1975 View Post
      post general question Affidavit of support 11-14-2019, 03:28 AM Hi, I am in the process of my application for adjustment of status but for some reason I am confused with the forms and requirements for I-864 affidavit of support. my wife did not qualify as a sponsor now since her mom is doing it for me as the beneficiary, what kind of forms do both of us need to fill, after getting her recent 3 years tax return, 6 months paystubs, what else do I need and can someone please help what is a W2s and how do i get it.
      Thanks
      Here Goes :

      1. your wife needs to fill 864, since she is sponsoring you. she needs her last 3 years IRS tax transcript available from IRS site, her last 3 paystubs are good but not needed as she does not have enough income.
      2. if she does not have enough income then her mom can step in, your mother in law needs to fill up form 864A, again MIL needs last 3 years tax transcript. Also she needs proof of continuous income since she is sponsoring you. this is Mandatory
      3. W2 is what your employer gives you.Form W-2 is an Internal Revenue Service tax form used in the United States to report wages paid to employees and the taxes withheld from them. Employers must complete a Form W-2 for each employee to whom they pay a salary, wage, or other compensation as part of the employment relationship

      All in all this is what you need.

      your wife needs to fill up form 130 and 864. together you two will fill up 485, 765 and 131 (if you want EAD and AP). you yourself need to fill up 130A and your mother in law needs to fill up 864A.

      Check the sticky posts here for more information and feel free to ask questions.
      Marriage based AOS (IR1)
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      Comment


      • #4
        Originally posted by Stormlead86 View Post

        Here Goes :

        1. your wife needs to fill 864, since she is sponsoring you. she needs her last 3 years IRS tax transcript available from IRS site, her last 3 paystubs are good but not needed as she does not have enough income.
        2. if she does not have enough income then her mom can step in, your mother in law needs to fill up form 864A, again MIL needs last 3 years tax transcript. Also she needs proof of continuous income since she is sponsoring you. this is Mandatory
        3. W2 is what your employer gives you.Form W-2 is an Internal Revenue Service tax form used in the United States to report wages paid to employees and the taxes withheld from them. Employers must complete a Form W-2 for each employee to whom they pay a salary, wage, or other compensation as part of the employment relationship

        All in all this is what you need.

        your wife needs to fill up form 130 and 864. together you two will fill up 485, 765 and 131 (if you want EAD and AP). you yourself need to fill up 130A and your mother in law needs to fill up 864A.

        Check the sticky posts here for more information and feel free to ask questions.
        I-864A is for household members. The OP's mother-in-law can only be the OP's wife's household member if they live in the same residence. Otherwise, the mother-in-law must be a joint sponsor, and must fill out her own I-864.

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

        Comment


        • #5
          Originally posted by newacct View Post

          I-864A is for household members. The OP's mother-in-law can only be the OP's wife's household member if they live in the same residence. Otherwise, the mother-in-law must be a joint sponsor, and must fill out her own I-864.
          My Bad, thought they are staying together with MIL because of the income limitation,(sorry me being an Indian we do it that way) will correct it. thanks newacct
          Marriage based AOS (IR1)
          Field Office : Chicago
          Service Center : NBC
          07/03/19 : RD
          07/13/19 : BIO Notice
          07/24/19 : BIO Complete
          07/26/19 : BIO Review Done
          09/05/19 : Ready to be scheduled for Interview
          10/04/19 : Interview scheduled
          11/13/19 : Interview - Approved
          11/21/19 : GC in Hand
          08/15/21 : ROC Window opens

          Comment


          • #6
            Originally posted by Upnext1975 View Post
            post general question Affidavit of support 11-14-2019, 03:28 AM Hi, I am in the process of my application for adjustment of status but for some reason I am confused with the forms and requirements for I-864 affidavit of support. my wife did not qualify as a sponsor now since her mom is doing it for me as the beneficiary, what kind of forms do both of us need to fill, after getting her recent 3 years tax return, 6 months paystubs, what else do I need and can someone please help what is a W2s and how do i get it.
            Thanks
            Check newacct comment here and do accordingly.
            Marriage based AOS (IR1)
            Field Office : Chicago
            Service Center : NBC
            07/03/19 : RD
            07/13/19 : BIO Notice
            07/24/19 : BIO Complete
            07/26/19 : BIO Review Done
            09/05/19 : Ready to be scheduled for Interview
            10/04/19 : Interview scheduled
            11/13/19 : Interview - Approved
            11/21/19 : GC in Hand
            08/15/21 : ROC Window opens

            Comment

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