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  • QUESTION ON AFFIDAVIT OF SUPPORT

    MY PARENTS FILE THEIR TAXES JOINTLY, THEY ARE HELPING ME SPONSOR MY HUSBAND, DOES ONLY MY DAD NEED TO SIGN THE AFFIDAVIT OF SUPPORT, SINCE HE IS THE PRIMARY ON THE TAX FORMS? ALSO IF WE JOINTLY (FATHER & I) HAVE ENOUGH ON OUR TAX FORMS OVER THE POVERTY LINE, IS THAT ALL WE NEED TO SEND IN? (3 YEARS TAX) DO WE STILL NEED HOUSE DEED AND BANK STATEMENTS? THANK YOU!!!

  • #2
    MY PARENTS FILE THEIR TAXES JOINTLY, THEY ARE HELPING ME SPONSOR MY HUSBAND, DOES ONLY MY DAD NEED TO SIGN THE AFFIDAVIT OF SUPPORT, SINCE HE IS THE PRIMARY ON THE TAX FORMS? ALSO IF WE JOINTLY (FATHER & I) HAVE ENOUGH ON OUR TAX FORMS OVER THE POVERTY LINE, IS THAT ALL WE NEED TO SEND IN? (3 YEARS TAX) DO WE STILL NEED HOUSE DEED AND BANK STATEMENTS? THANK YOU!!!

    Comment


    • #3
      I'm not positive, but I believe that your co-sponsor has to meet the line alone. You cannot combine your income and your co-sponsor's income.
      Have a nice day

      Comment


      • #4
        Originally posted by Glühbirne:
        I'm not positive, but I believe that your co-sponsor has to meet the line alone. You cannot combine your income and your co-sponsor's income.
        That would make no sense at all..if it is a co-sponsor, by definition he/she helps to sponsor...and does not have the full burden..I think both sponsors can show income to prove above poverty level..otherwise there would be no need for a co-sponsor to begin with...

        Comment


        • #5
          Ayesha:

          If memory serves me correctly, if your income meets or exceeds 125% of the poverty guidelines for your household (which includes yourself, any dependents or other immigrants being sponsored) then you do not need a joint sponsor. If your income does not meet the minimum poverty guidelines but you have additional assets, 1/5th of their value can be used to meet the guidelines. Keep in mind that if property is used to meet the guidelines, the 1/5th value is after all liens against the property have been deducted from the value.

          If neither of these cases apply, and your father can meet these guidelines with his sole income, keeping in mind that he must consult the poverty guidelines for his household size, including the sponsored immigrant, then evidence of his assets would not be needed. However, if your father's joint tax return includes income from his spouse then she would have to fill out an I864A (Affidavit of household member).

          If I am not mistaken, one cannot have a co-sponsor who does not meet the guidelines himself or jointly with another household member. In other words, I do not think you and your father's joint income could be used to meet the requirements. Please check on this, though. You might wish to look at the form I864 itself, and read the requirements, since it has been a long time since I looked at the one I filed.

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          • #6
            if your parents file jointly, both will need to sign the document.

            Comment


            • #7
              OUR INCOMES COMBINED FOR THE YEAR 2003 IS $27,000.00, ON MY TAX I HAVE 2 CHILDREN AND HIS IS JUST MY MOM AND HIMSELF, THEN I WOULD HAVE TO COUNT MY HUSBAND, AND POSSIBLY HIS SON. WOULD THAT BE ENOUGH FOR THE QUIDELINE? THANKS GUYS FOR YOUR ANSWERS AND HELP.

              Comment


              • #8
                As I now recall better, I think Swissnut might be right..

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                • #9
                  check at www.uscis.gov. I think the form itself tells you what the necessary quantity for the number of people.

                  I know that for self and spouse the 125% is around 16,000, but I am not sure for self, immigrant spouse and two children (or for your father - self, spouse and immigrant)

                  Comment


                  • #10
                    Ayesha:

                    There is no need to state your income or your father's separate income on this public forum. But you alone have a 4 person household (yourself, 2 kids and immigrant) so you need to add approximately $3,500 per person to the $15,900 guideline in order to meet the requirement. If your husband also has a son and he will need to be counted as well, making your total household 5 persons.

                    For father, he has a 3 person household (himself, spouse, and immigrant) so dad would have to add $3,500 for 3 persons to the $15,900. It appears that unless Dad is earning almost all of your joint income, that he will need to attach asset information to meet the guidelines. Also, if Dad's wife is also earning income, she will have to file an I864A.

                    Please check the number I used here because I am going on memory.

                    Comment


                    • #11
                      Ayesha:

                      I thought I should check the current poverty level guidelines for 2004. One other thing I failed to mention, which someone might have been confused over is the reference "co-sponsor". All marriage based petitioners must file an I864, even if he or she does not meet the requirements. In such a case, a joint sponsor is necessary, but once again, the joint sponsor must meet the guidelines on his or her own merit, and not as a combined effort with the petitioner.

                      The numbers being used right now for 125% poverty level is $15,600 and an additional $3,975 for each household member. So in your case, you would need an income of $27,525 alone to meet the requirements, and Dad (or Dad and Mum) would need an income of $23,550. If neither is the case, then you can include Dad's liquid assets, (monies in bank) and value of his home, less the outstanding mortgage.

                      EXAMPLE:
                      If Dad has $10,000 in bank, you can add $2,000 to meet the guideline (1/5th value)
                      If his home is worth $200,000 but he has a mortgage of $160,000, then you can use net worth figure of $40,000 divided by 5, which equals $8,000 to add to the number in order to meet the guideline.

                      Hope this makes sense to you.

                      Comment


                      • #12
                        Swissnut is completely correct. Your parents have to meet the entire requirement on thier own. You cannot combine yours and your parents' incomes.
                        Have a nice day

                        Comment


                        • #13
                          Ayesha, first of all most important thing is your household size. That is you and your two kids become total of three and immigrant you are sponsoring that is your husband and his son (i.e. two) so total house hold size is 5. According 2004 poverty guide line, household size of 5 must have income of $27,537.
                          If your last year that is 2003 IRS-1040 form indicates income of $27,000 then you are behind poverty line by just $537. so that $537 *5= $2685, if you have $3000 in Bank either in checking or savings account or CD's then you can take bank statement indicating that amount as of today. Attach bank statement with affidavit of support. Then this way you don't need any cosponsor.

                          If your parents are living with you right now or they lived during past 6 months or more then consider following case, on page-3 of I-864 form

                          Indicate most recent tax year 2003

                          Sponsor's individual income $27000

                          Income of other qualifying persons.
                          (List names; include spouse if applicable.
                          Each person must complete Form I-864A.)

                          Your Father name $______________
                          Mother name $______________

                          Total Household Income $______________

                          And I am sure if you add all the amount then it will be beyond poverty line very easily, however you're both parents need to fill out I-864A since it is a contract between you and your dad and you are your mother for the support of the sponsored immigrant because they are making their income available for the support.

                          Read this statement given on I-864 form on page three
                          Sponsor's Annual Household Income
                          { If your individual income does not meet the income requirement for your household size, you may also list total income for anyone related to you by birth, marriage, or adoption currently living with you in your residence if they have lived in your residence for the previous 6 months. For their income to be considered, household members or dependents must be willing to make their income available for support of the sponsored immigrant(s) and to complete and sign Form I-864A, Contract between Sponsor and Household Member.}

                          If they are not living with you then parents has to filled out separate affidavit of support form as a cosponsor and mother has to fill out I-864A since it is contract between him and her for the support of sponsored immigrants. But both have to cross poverty line.
                          I hope this would help and I could be wrong about this.

                          Comment


                          • #14
                            I THANK YOU ALL FOR YOUR ANSWERS. ALL THIS IS IMPOSSIBLE THEN, I THOUGHT INCOME COULD BE COMBINED, BUT I READ YOU CANT COMBINE INCOME, MY DAD'S TAX IS ONLY ABOUT $19,000.00 AND MINE IS ABOUT $8,000.00, HE OWNS A HOME AND ITS PAID OFF, AND MAYBE WITH THE HOUSE THINGS WILL HELP, BUT I AM WORRIED BECAUSE OF THE INCOME.

                            Comment


                            • #15
                              Ayesha:

                              No need to worry. If your Dad's home is indeed paid off and is worth $45,000 or more, he should meet the requirement, with that and his income alone.

                              Comment

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