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  • a Sponsoring Question

    Good Evening ! my name is alexander new to the forum , with a very particular question

    i got married 2 years ago , my wife and myself decided is time to move into residency , while 2 yrs is probably a long time to wait we decided it was the best.
    Now this is were my issue comes into play , the sponsor part, im having an exceptional hard time to find one,my wife is only 24 and she doesnt have the Tax Required income wise is fine,both parents have refused to render any type of aid,but we are decided to stay together no matter what, now in this particular subject i have some questions
    -Do i really need a sponsor?
    -is there a solution for that in the event i cannot find one?
    -can i "hire" one or something?

    any , absolutely any help is more than welcome

    Forgive my english is not my mother tongue

    Thanks in advance
    Best of regards.-

  • #2
    Your wife or you just need to have a Join Sponsor. That Join Sponsor can be anyone as long as your wife is the primary sponsor, you will be okay.
    05/08/20: I-485, I-765, I-131, I-944 sent to USCIS
    05/13 Rejected due to lack of I-864
    05/27 resubmitted with explanation
    06/03 Rejected again-same reason
    06/13 Resubmitted with I-864
    07/07 Lockbox emailed back and ask to resubmit
    07/09 Filings accepted with PD 05/08/20 (nice)
    08/06 Prior biometrics applied to I485
    08/28 Took biometrics for I-765 only
    09/28 I-765's Cards Ordered
    10/02 EAD/AP received
    04/12 Interview Sched
    05/11 Interview done approval on the spot but no USCIS update online

    Comment


    • #3
      What matters most is current income. It matters more than income on past years' tax returns. When you say "income wise is fine", do you mean that your wife's current salary is sufficient? If so, just try to file based on that.

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

      Comment


      • #4
        what i meant is , she doesnt have the required 3 yrs of tax , probably just 1 , she started to work somewhat recently.

        now, is there a way to skip that step? is really really a must ? do i have to have a sponsor?
        it seems i just have a storm over me , no one wants to do that, i dont blame them is a lot of risk , but how can get one if no one is willing to?

        Comment


        • #5
          Originally posted by alexanade View Post
          what i meant is , she doesnt have the required 3 yrs of tax , probably just 1 , she started to work somewhat recently.

          now, is there a way to skip that step?
          There is no requirement to have any particular income on past years' tax returns, or to have filed tax returns for the last 3 years, or even the last 1 year. There is a threshold of income below which you are not required to file a tax return, found in the section "Do You Have To File?" in Form 1040 instructions. If she wasn't required to file for those years (because her income was below the threshold) and she didn't file, that's perfectly fine. If you are looking at the question about her "total income" from her tax returns from the last 3 years (I-864 Part 6 #24a-c), per the instructions, she would put "N/A" for years where she didn't file and was not required to file. She would also check the box in Part 6 #25, and attache a statement stating what her income was and how it was below the threshold. Only if she was required to file and didn't file would she need to go back and file.

          The income requirement is on her current household income (Part 6 #20), which is made up of her current individual income (Part 6 #7), which is the current salary of her current job, which she can support by recent pay stubs and an employer letter if possible.

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

          Comment


          • #6
            Originally posted by newacct View Post

            There is no requirement to have any particular income on past years' tax returns, or to have filed tax returns for the last 3 years, or even the last 1 year. There is a threshold of income below which you are not required to file a tax return, found in the section "Do You Have To File?" in Form 1040 instructions. If she wasn't required to file for those years (because her income was below the threshold) and she didn't file, that's perfectly fine. If you are looking at the question about her "total income" from her tax returns from the last 3 years (I-864 Part 6 #24a-c), per the instructions, she would put "N/A" for years where she didn't file and was not required to file. She would also check the box in Part 6 #25, and attache a statement stating what her income was and how it was below the threshold. Only if she was required to file and didn't file would she need to go back and file.

            The income requirement is on her current household income (Part 6 #20), which is made up of her current individual income (Part 6 #7), which is the current salary of her current job, which she can support by recent pay stubs and an employer letter if possible.
            so if understand this right , she doesnt need the 3 years of tax return? only 1 would be fine in this case?

            Comment


            • #7
              Originally posted by alexanade View Post

              so if understand this right , she doesnt need the 3 years of tax return? only 1 would be fine in this case?
              Right. She actually doesn't even need 1 year if she wasn't required to file. But if she filed the last year, she needs to include a copy of the last year's tax return. (3 years is optional.)

              And she needs to fill out the "total income" number from her tax returns from the last 3 years. But if she didn't file and wasn't required to file for some of those 3 years, that is okay.

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

              Comment


              • #8
                Originally posted by newacct View Post

                Right. She actually doesn't even need 1 year if she wasn't required to file. But if she filed the last year, she needs to include a copy of the last year's tax return. (3 years is optional.)

                And she needs to fill out the "total income" number from her tax returns from the last 3 years. But if she didn't file and wasn't required to file for some of those 3 years, that is okay.
                awesome! for some reason all the lawyers i have visited tells me 3 yrs is a must , i dont know where they got that....

                thank you for the answers!

                Comment

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