Questions Regarding Affidavit of Support

[MoozB]

My dad is sponsoring 3 of sisters, but he retired and only has Social Security as income. He is earning about $1000 a month. So not enough to sponsor my sisters. However, my wife and my seff filed taxes as married flling jointly, and our combined incomes is about $120,000, and we have 4 childrens.

1. Can we fill out an affidavit as joint sponsors using our combined income? If so,
2. Do we have enough income to fill out as joint sponsor?
2. What applicaton form do I need fill out?
3. Does my dad still need to fill out I-864 form?
4. Does my wife require to fill out a form as well as we have a combined income? Or Am I the only one who need to fill out a form?


Appreciate the help. Thank you

[newacct]

My dad is sponsoring 3 of sisters, but he retired and only has Social Security as income. He is earning about $1000 a month. So not enough to sponsor my sisters. However, my wife and my seff filed taxes as married flling jointly, and our combined incomes is about $120,000, and we have 4 childrens.

First of all, the I-864 Affidavit of Support is only needed at the step when a visa number is almost available, and that is many years or decades after the I-130 is filed. So this is something you should only worry about at that time.

1. Can we fill out an affidavit as joint sponsors using our combined income? If so,

Yes

2. Do we have enough income to fill out as joint sponsor?

According to this year's I-864P, an income of $120,000 is enough for a household size of 16 (the numbers may change in future years). Your household size would be you, your spouse, your dependent children, and the immigrants being sponsored.

2. What applicaton form do I need fill out?

I-864

3. Does my dad still need to fill out I-864 form?

Yes, so there will be two I-864s (one from your dad as petitioner, one from you as joint sponsor) for each I-130.

4. Does my wife require to fill out a form as well as we have a combined income? Or Am I the only one who need to fill out a form?

Yes, your spouse and you must fill out I-864A in order to count your spouse's income in your household income. Whether you file separately or jointly doesn't matter. Even if you file jointly, if all the income is yours, then you can count it without your spouse filling out I-864A. I-864A is only needed if you need to include your spouse's income.

[MoozB]

Thank you for your response. So my dad needs to fill out I-864, and my wife I-864A. Just to clarifly, as the joint sponsor, so I need to fill out both I-864 as well as I-864A ? Based on your previous response, it seems I need to fill out both. Please clarifly. Again thank you for the feedback.

[newacct]

Thank you for your response. So my dad needs to fill out I-864, and my wife I-864A. Just to clarifly, as the joint sponsor, so I need to fill out both I-864 as well as I-864A ? Based on your previous response, it seems I need to fill out both. Please clarifly. Again thank you for the feedback.

Your dad fills out an I-864 as petitioner. You fill out an I-864 as joint sponsor. In order to include your spouse's income into your household income on your I-864, your spouse needs to fill out an I-864A, and the I-864A has spaces for both you and your spouse to sign.

[MoozB]

Your dad fills out an I-864 as petitioner. You fill out an I-864 as joint sponsor. In order to include your spouse's income into your household income on your I-864, your spouse needs to fill out an I-864A, and the I-864A has spaces for both you and your spouse to sign.

Thank you for the clear explanatiion. Really appreciate it!

[MoozB]

For the past years, my wife and I filed taxes as married filling jointly. So for Tax Year & Total Income (Most Recent, 2nd Most Recent & 3rd Most Recent) on part 6 of I-864 and part 4 of I-864A, do I have to enter my wife and I combined gross income as reflecting on the tax form? Or do we have to enter our individual income?

[newacct]

For the past years, my wife and I filed taxes as married filling jointly. So for Tax Year & Total Income (Most Recent, 2nd Most Recent & 3rd Most Recent) on part 6 of I-864 and part 4 of I-864A, do I have to enter my wife and I combined gross income as reflecting on the tax form? Or do we have to enter our individual income?

Put exactly what it says on the "total income" line of your tax return for those years, no matter if you filed jointly or separately.

[MoozB]

Put exactly what it says on the "total income" line of your tax return for those years, no matter if you filed jointly or separately.

Once again thank you for your assistance. Really appreaciate it!

[MoozB]

My dad did not file income taxes since 2016 as he retired and only had social security as source of income. He submitted an I-864 Affidavit of Support and included Form SSA 1099-SM which shows the total amount of social security benefits he received during the tax year. However, it was rejected. What documents (financial evidence) he needs to submit with I-864 form since he was not require to file taxes as he only had social security as source of income?

[newacct]

Read the form 1040 instructions for the last 3 years; read the section near the beginning of 1040 instructions called "Do You Have To File?". (It is pretty much the same every year, but the numbers might be slightly different.) He is required to file if his income is above the amount in Chart A (there are complicated rules regarding whether Social Security benefits need to be included in income, in the footnotes) or he meets any of the conditions in Chart C.

If his income was below the amount in Chart A and he did not meet any of the conditions in Chart C, for all of the last 3 years, then in I-864, he would check the box for No in Part 6 #23a, put the last 3 years with total income "N/A" in Part 6 #24a-c, check the box in Part 6 #25, and attach a statement stating his income for those 3 years, and that they were below the level for being required to file a tax return for those years.

[MoozB]

Read the form 1040 instructions for the last 3 years; read the section near the beginning of 1040 instructions called "Do You Have To File?". (It is pretty much the same every year, but the numbers might be slightly different.) He is required to file if his income is above the amount in Chart A (there are complicated rules regarding whether Social Security benefits need to be included in income, in the footnotes) or he meets any of the conditions in Chart C.

If his income was below the amount in Chart A and he did not meet any of the conditions in Chart C, for all of the last 3 years, then in I-864, he would check the box for No in Part 6 #23a, put the last 3 years with total income "N/A" in Part 6 #24a-c, check the box in Part 6 #25, and attach a statement stating his income for those 3 years, and that they were below the level for being required to file a tax return for those years.

Thank for the response. My dad only has social securty as inocme and it is below the amount in Chart A. He selected income tax not available and provided statement stating he was not require to file income taxes as his income was below the require amount to file taxes. However, they keep updating the case as "Missing or Incomplete document". Not sure what else he needs to provide under FEDERAL INCOME TAX RETURN OR TRANSCRIPT. Please advise

[newacct]

Did he check the box in Part 6 #25? I think the best thing to do is just to submit the I-864 and statement again, with a cover letter stressing that he was not required to file a tax return for those years due to low income, and he has attached a statement, in accordance with I-864 instructions (Page 9 of I-864 instructions says, "If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a typed or printed explanation."), and see what happens.

[MoozB]

Did he check the box in Part 6 #25? I think the best thing to do is just to submit the I-864 and statement again, with a cover letter stressing that he was not required to file a tax return for those years due to low income, and he has attached a statement, in accordance with I-864 instructions (Page 9 of I-864 instructions says, "If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a typed or printed explanation."), and see what happens.

Part 6 #25 (I was not require to file Federal income tax...) was cheked and Part 6 #23a I checked "No". It looks like they accepted the I-864 form as it shows "Accepted". And also "explantion for not file taxes" is marked as accepted. Under FEDERAL INCOME TAX RETURN OR TRANSCRIPT I provided a statement that he was not required to file taxes as income was under the required amount to file tax. I added a statement explaining he was not required (marked as accepted). I did that three times already, but they keep marking that section as "Incomplete" with a description stating Feceral Income tax is missing. Every time they marked it as incomplete, I re-add the statement explaiining he was not required. I didt that 3 times already, but still the same. Not sure what to do. Should I contact them?