Why does USCIS require the joint sponsor on Form I-864 to submit (Form 1099 "and" form 2555 for the non taxable income)?

Asked over 2 years ago - Albuquerque, NM

My wife is an American citizen, she is petitioning for me, I am a Mexican national. Because she could not meet the income requirements she had to use her mom as a joint sponsor. USCIS is requiring to submit all supporting tax documentation (Form 1099 and Form 2555 for the non taxable income) for the most recent year.
I looked up Form 2555 on the IRS website, and I understood this Form is for those individuals who have foreign earned income.
The joint sponsor in question has never worked abroad and has never earned any foreign income whatsoever.

Attorney answers (4)

  1. Marc Richmond Amos

    Pro

    Contributor Level 10

    2

    Lawyers agree

    Answered . In response, the joint sponsor must submit the complete tax return. If she had no foreign income, then state this in the response.

  2. Paul DeWitt

    Contributor Level 10

    2

    Lawyers agree

    Answered . Since you are not represented by a competent immigration attorney, the USCIS just wants all possible tax documents so a more informed determination can be made.

    Hire an immigration attorney, and they can take care of it.

  3. F. J. Capriotti III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . If no foreign income, no need to report. As for why they are asking for this, it isn't USCIS that's asking. The US Congress passed the Welfare Reform act .. .it is this law that created the requirement.

    www.capriotti.com -- franco@capriotti.com -- Senior Legal Counsel -- Capriotti International Law -- Legal... more
  4. Haroen Calehr

    Pro

    Contributor Level 17

    Answered . Then don't worry about it. Any joint sponsor ought to provide their most recent tax return; A copy of their green card or US Passport or Naturalization Certificate or US Birth Cert or Cert of Citizenship, a fresh letter from their employer stating what they do, what their salary is and on company letterhead and also if their employed form W-2, if self employed form 1099 misc. You see, USCIS want objective proof that you're mother in law is actually gainfully employed or self employed and making the adjusted gross income she is claiming on her 1040 federal income tax return. She could claim to make a million bucks but what objective proof does she have besides her return? Thats where the W-2, or 1099 or if she's employed overseas form 2555 comes in as well as a recent employment verification from her employer. Good luck.

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