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about sponsor for an affidavit support (I-864)urgent!!

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  • about sponsor for an affidavit support (I-864)urgent!!

    I (B2 visa) married to the citizen. And our baby was born last month. Currently our household income is not meet the minimum requirement. Also we do not have much cash to add on the different. I have a relative. He can to be my sponsor. But he just have one year(2004) federal tax return. Can he to be my sponsor with a explain letter to explain (2003 and 2002) he don't have W2 for (he was study in university). Now he still working in the same company.

  • #2
    I (B2 visa) married to the citizen. And our baby was born last month. Currently our household income is not meet the minimum requirement. Also we do not have much cash to add on the different. I have a relative. He can to be my sponsor. But he just have one year(2004) federal tax return. Can he to be my sponsor with a explain letter to explain (2003 and 2002) he don't have W2 for (he was study in university). Now he still working in the same company.

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    • #3
      Tax returns cannot be provided if he had no obligation to file a tax return. If his income is more than sufficient at this time to meet the Affidavit standards, simply have him include an explanation with it for the reason he has no prior returns.
      The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

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      • #4
        What would be accepted reasons for a USC who wants to sponsor a spouse not to have three years of tax returns?

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        • #5
          Thanks sappyconifor for your quick reply! So my husband (the sponsor) needs to only fill up I-864. And my relative (co-sponsor) needs to fill up I-864 and I864A Form beside attech the explanation letter (the reason is he was in school)! Is that right! And the reason will be accept?

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          • #6
            Your sponsor and co-sponsor must fill the form I-864. THe form I-864 A is only enclosed when the income of a household member is going to be taken into account to meet the immigration requirements.

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            • #7
              Thank you williamaria advise. Now my status is (expired B2). When I fill the form I-485. Do I need the fill the form I-485A (with penalty $1000). My friend said I married to US citizen as a spouse that will be excepted.

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              • #8
                Your husband can refer to the language in the instructions from the Internal Revenue Service on "who must file a Tax Return?" as an explanation that his total income for prior years did not meet the minimum required to file a tax return.

                Visa overstay is typically not a problem at adjustment of status for immigrants who married US citizens provided the alien spouse entered with inspection.
                The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

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                • #9
                  You need to file the form I-485 only since you entered the country with a visa...

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                  • #10
                    When I apply the I-765 Form. What should I select. (1. Permission to accept employment. or 3. Renewal of my permission to accept employment.) Because I had my OPT employment authorization card. But that already expired on 2002. I came back US with B2 visitor on 2004. An other hand on item 16. the Eligibility categories. Should I fill (c)(24) LIFE Legalization application or (c) (9) Adjustment Applicant (wait for the receipt notice of the I-485?

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