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  • i-864 joint sponsor

    dear team
    i hope you are fine.
    i am currently submitting a joint sponsor for my application. my original application was submitted by my wife who is not employed but a housewife. we are currently outside usa but we did visit more than once. so now for the i-864 i had to go with join sponsor as she cannot submit this as she never apply for any tax or tax return as she never worked and she never even lived at the US.
    now i found a friend to do the i-864 joint sponsor he is a green card holder and self employed and he meets the poverty guidelines 2017 but he only have this year of tax submission as he moved to usa only 2 years back and in the first year he didnot work. so he has the current most recent year.
    i noticed in the form that they are asking for the last 3 most recent years. in part 6 point 19.a, b and c.

    can any one help or suggest what to do. shall i look for other sponsor because of this?
    please your help is really needed.

  • #2
    Hi Rayb
    i do really appreciate your feedback on this

    Comment


    • #3
      Originally posted by fhasweh View Post
      dear team
      i hope you are fine.
      i am currently submitting a joint sponsor for my application. my original application was submitted by my wife who is not employed but a housewife. we are currently outside usa but we did visit more than once. so now for the i-864 i had to go with join sponsor as she cannot submit this as she never apply for any tax or tax return as she never worked and she never even lived at the US.
      As the petitioner, she must file an I-864. A US citizen or permanent resident is subject to US taxes on worldwide income no matter where they live. The only legitimate reason for her to not file a US tax return for a given year is if her income that year is below the minimum income threshold for needing to file, found in that year's Form 1040 instructions in the section called "Do You Have to File?". If that was the case for her for some of those 3 years, per the I-864 instructions, she would "N/A" to the question asking for total income from the tax return for that year, and attach a statement explaining why she was not required to file for those year(s).

      Originally posted by fhasweh View Post
      now i found a friend to do the i-864 joint sponsor he is a green card holder and self employed and he meets the poverty guidelines 2017 but he only have this year of tax submission as he moved to usa only 2 years back and in the first year he didnot work. so he has the current most recent year.
      i noticed in the form that they are asking for the last 3 most recent years. in part 6 point 19.a, b and c.

      can any one help or suggest what to do. shall i look for other sponsor because of this?
      Again, if this person was not required to file a US tax return for some or all of those 3 years, then he would put "N/A" in the space asking for total income from the tax return for those years, and attach a statement explaining why he was not required to file for those years (e.g. before he immigrated and became a permanent resident, he was a nonresident alien for tax purposes, who is not required to file unless they have income connected to the US; in the other year, he would state his income and the filing threshold for that year, and show that he was not required to file).

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

      Comment


      • #4
        thank you newacct for your detailed reply.
        so my question will be for this person who only have the 2016 year income and for the 2 years before that he will put N/A as he was nonresident alien. do you think they will reject the form based on that. i mean he will only put last year income 2016 which he submitted this month March and his income was 30900USD. he has a working wife and 2 dependent kids.

        any advise is really appreciated from you.




        Originally posted by newacct View Post
        As the petitioner, she must file an I-864. A US citizen or permanent resident is subject to US taxes on worldwide income no matter where they live. The only legitimate reason for her to not file a US tax return for a given year is if her income that year is below the minimum income threshold for needing to file, found in that year's Form 1040 instructions in the section called "Do You Have to File?". If that was the case for her for some of those 3 years, per the I-864 instructions, she would "N/A" to the question asking for total income from the tax return for that year, and attach a statement explaining why she was not required to file for those year(s).


        Again, if this person was not required to file a US tax return for some or all of those 3 years, then he would put "N/A" in the space asking for total income from the tax return for those years, and attach a statement explaining why he was not required to file for those years (e.g. before he immigrated and became a permanent resident, he was a nonresident alien for tax purposes, who is not required to file unless they have income connected to the US; in the other year, he would state his income and the filing threshold for that year, and show that he was not required to file).

        Comment


        • #5
          Originally posted by fhasweh View Post
          thank you newacct for your detailed reply.
          so my question will be for this person who only have the 2016 year income and for the 2 years before that he will put N/A as he was nonresident alien. do you think they will reject the form based on that. i mean he will only put last year income 2016 which he submitted this month March and his income was 30900USD. he has a working wife and 2 dependent kids.

          any advise is really appreciated from you.
          any advise is really appreciated from anyone could help

          Comment


          • #6
            Originally posted by fhasweh View Post
            any advise is really appreciated from anyone could help
            You can find more information about the Poverty Guidelines here:
            Use the HHS Poverty Guidelines to complete Form I-864, Affidavit of Support Under Section 213A of the INA.


            or Google "USCIS Poverty Guidelines".
            Not legal advice.

            Comment


            • #7
              Originally posted by fhasweh View Post
              thank you newacct for your detailed reply.
              so my question will be for this person who only have the 2016 year income and for the 2 years before that he will put N/A as he was nonresident alien. do you think they will reject the form based on that. i mean he will only put last year income 2016 which he submitted this month March and his income was 30900USD. he has a working wife and 2 dependent kids.

              any advise is really appreciated from you.
              Well according to what you said, he was a nonresident alien with no income in the US for the first of the 3 years, and for the second of the 3 years, he was a resident alien but his income was below the threshold for filing. So that's what he writes in the statement.

              If you believe his income is insufficient, his wife's income can also be counted if she submits an I-864A.

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

              Comment

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