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Questions about Affidavit of Support - Bringing Mom to America

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  • Questions about Affidavit of Support - Bringing Mom to America

    First of all I am really grateful to everyone who's part of this website for helping me with all my paper works for my mom's petition. Just by reading all the information found in here I was able to proceed in the middle of the process and now I am processing the financial documents. I have been reading all topics here but there are some questions I cannot find an answer. Can someone please give me some thoughts to all my questions below. Thank you.

    a. I'm not working for over 3 years now because I have to take care of my kid but I have my father in law that will help me to be a joint sponsor since my husband's income doesn't meet the over the poverty guidelines. As a petitioner, I will fill out FORM I 864 and my joint sponsor will fill out FORM I 864A. Am I right? Should my joint sponsor also fill out FORM I 864 as well or only FORM I 864A?

    b. In the form they asked if I filed tax return from the previous 3 years. My husband was the one working and he filed jointly which means I filed even if I don't have a job. My question is should I check the box that I filed and put the yearly income amount there even though it wasn't my income at all?

    c. My joint sponsor receives military disability retirement pay and Veterans' benefits every month which is excluded from taxable income which means this money he's getting every month are not on tax return but the social security he gets every month is on the tax return. My question is I can provide the immigration office letter from the military stating the amount he gets every month but they ask if he filed tax return from the previous years and if I only put the amount of the tax return he did from the Social Security it will not meet the poverty requirements, should I just leave the box blank and not answer it? Also, he filed taxes jointly with his wife who works, how am I suppose to do this? Should I also let his wife fill out a FORM I 864A?

    d. Does the US Embassy in Manila will ask for the original copy of the joint sponsor's birth certificate or only the petitioner they need?


    Thank you so much everyone for your patience. Your thoughts and answers are really appreciated.

  • #2
    A. you fill out i-864 even if you have 0 income. your husband fill out i-864a. the father in law fill out separate i-864.

    B. keep the box checked and send last 3 yrs tax return

    C. provide job letters, and disability verification letters...and if he filed joint tax return you MUST complete i-864a for his wife also.

    D. joint sponsor just need to prove his immigration status...Green Card or US passport is enough.

    Comment


    • #3
      Thank you so much for the reply, I have been waiting for someone to answer all my questions that is so nice of you. Regarding your reply, I am a bit confuse because my husband is not my joint sponsor how come he needs to fill out the Form I864? Because on the form there's a statement there that says I,_________ the sponsor..... and I have to write his name but he's not my joint sponsor same goes with the wife of my father in law. Can you please explain so that I can understand. I do not know if this will change but my husband claimed me as his dependent. Can I not just send the copy of the tax return since it is not really my income or I will get an RFE for that?

      Comment


      • #4
        Originally posted by me_2015 View Post
        Thank you so much for the reply, I have been waiting for someone to answer all my questions that is so nice of you. Regarding your reply, I am a bit confuse because my husband is not my joint sponsor how come he needs to fill out the Form I864? Because on the form there's a statement there that says I,_________ the sponsor..... and I have to write his name but he's not my joint sponsor same goes with the wife of my father in law. Can you please explain so that I can understand. I do not know if this will change but my husband claimed me as his dependent. Can I not just send the copy of the tax return since it is not really my income or I will get an RFE for that?
        well i probably misspoke there. what i meant was if you and your father in law filed taxes jointly then your mother in law and husband need to do i-864a. even though you shouldn't be required if you not using your mother in laws income but you must do it. because my friend had similar case and he had to use his father in laws income and they filed taxes jointly. i spoke to nvc over phone and asked if i-864a would be required for wife and the agent said no. but on their interview they got checklist for requesting father in laws wife i-864a. just to be on the safe side i recommend doing i-864a for your husband and mother in law.

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