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Haven't filed taxes or the past two years because of unemployment/full time student. How should I fill out Question 11 on i-864?

Lehi, UT |

Hi there,
I'm filing for change of status after getting married to a US citizen. We got married in September 2012. I'm currently employed (after graduation) and has been so since March 2012 and I'm currently on F-1 OPT. I didn't file for tax returns for the past two tax years because I did not work from Jan 2010 to Feb 2012.
How should I fill out Question 11 on Form i-864? I have tax transcripts for the years 2009, 2008, and 2007. I came to the US in Jan 2006 on student visa.

Thank you in advance!

Attorney Answers 4

Posted

On an Affidavit of support it is the USC petitioner (and not the foreign national beneficiary) who needs to answer all these questions and provide earnings info and copy of latest tax return.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

Unless you want your income to be taken in consideration as well, if your spouse's income is not deemed enough. Since you don't qualify either, your USC spouse will need to get a co-sponsor who qualifies. That person will need to file and present a second I-864.

Asker

Posted

I should have clarified. Yes, we want my income to be considered since she's still a student and only a part time employee. My income is well over the poverty line. I have a stable job and my employer even has a H1B petition currently open for me. Do I still need an additional sponsor?

Asker

Posted

And it's the i-864a that I'm filling it out. Should that be filled out by the sponsor as well?

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

Again, only the USC sponsor and a co-sponsor (when needed) fills out that affidavit. Not the foreign national beneficiary.

Asker

Posted

Got it. In that case, do we need a co-sponsor since I don't have tax records for the past two years? We are filing my income for consideration and I can get a notarized letter from my employer and past paystubs

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

If the USC petitioning spouse does not have tax returns or enough income to qualify, you'll need to have a co-sponsor.

Posted

That is correct, it is the USC who is filling out the affidavit of support.

This is a general answer only and does not imply that I am your attorney giving advice with full knowledge of all the particulars of your case or that there is any attorney client relationship. I strongly urge you to retain experienced legal counsel who can better advise you once they have reviewed all your documentation and are fully apprised of the details of your case.

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Posted

I agree with my colleagues.

Please click the link below for additional information.

---------
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Subscribe to our Free Immigration Newsletter
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
www.inmigracion-abogado.com (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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Posted

It seems you are somewhat unclear on who needs to prepare which forms.

You may click the link below to find some useful free attorney-prepared self-assessment tools relating to I-130 and I-485 petitions along with the other necessary forms (I-864, and optional I-765 and I-131).
www.immigrationease.com

Good luck!

Hasan Abdullah, Founder of ImmigrationEase: www.immigrationease.com (providing user-friendly do-it-yourself case prep with discounted attorney case review services), and Managing Attorney at the Shah Peerally Law Group: www.peerallylaw.com (for full legal representation), call 510-742-5887. Note: Hasan Abdullah is an attorney licensed in the State of Illinois. The answer provided is informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client.

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