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Thread: AOS on hold - additional docs. Please advise...

  1. #1
    We have just been to the aos interview with my husband. They told us we had to have i-864 filled by him (even though his father, our joint sponsor, did it).
    Our lawyer who did all the papers did not know we needed this one. Now my case is on hold.
    We do not have enough income, because he's been working for his father (he is fixing and selling houses) before we got married and started living separately. We are going to file for 2005 now - and that's all we have to send with i-864. He gets paychecks now, but no w-2s or tax returnes from before.
    Can anybody tell me if i'm going to have a problem now and what should i do?

  2. #2
    We have just been to the aos interview with my husband. They told us we had to have i-864 filled by him (even though his father, our joint sponsor, did it).
    Our lawyer who did all the papers did not know we needed this one. Now my case is on hold.
    We do not have enough income, because he's been working for his father (he is fixing and selling houses) before we got married and started living separately. We are going to file for 2005 now - and that's all we have to send with i-864. He gets paychecks now, but no w-2s or tax returnes from before.
    Can anybody tell me if i'm going to have a problem now and what should i do?

  3. #3
    Hopefully someone else will post that is more knowledgeable... my understanding is that your Husband has to be the main sponsor, as in, he has to complete the form, even if he doesn't meet sponsor requirements. You have a co-sponsor that will make that up. They just require the spouse to complete the I-864 as well.

  4. #4
    The USC is always the primary sponsor in marriage-based petitions/applications. A joint sponsor can be used. The joint sponsor must be able to meet the Affidavit of Support requirements for his/her household plus the sponsored immigrant(s).

    It used to be that the Affidavit of Support I-864 called for 3 years of tax returns for AOS, but late last year that was relaxed to 1 year (the most recent tax year for which a tax return has been filed by the sponsor). This I-864 procedure applies to all marriage-based AOS submissions after November 2005.

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