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Do I need to file i-864a together with i-864? My wife is listing me as part of the household income and we've no other sponsor.

Lindon, UT |

We got married a few months ago. I'm currently an F-1 visa holder on OPT. I've been working since March 2012 and earn significantly above the required poverty guideline. My wife is a full time student and a part time employee so she is listing me/my income on form i-864 as well.
Question 1 - Should I, the intending immigrant, fill out an i-864a along with copies of my tax transcripts as well? I was a full time student the past two years and have no tax records for the past two years, but have transcripts for the 3 years before that.
Question 2 - Because I have no tax records for the past two years, should we get an external sponsor or is a certified letter from my employer+my past pay stubs+a copy of my EAD be enough?

Thank you in advance

The instructions specifically says that I don't need to fill out I-864. (Sorry I didn't read that portion of the instructions). But are my paystubs together with a notarized letter of continued employment and certified pay rate, and the available tax transcripts (not the last two years) enough to support I-864?

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Attorney answers 3


I would state a very reasonable thing here: no attorney would commit to instructing you on specific isolated answers in your forms without first examining every prospective submission for accuracy and completeness in person.
You need to have the whole case be reviewed by a professional immigration attorney in person.

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And I intend on doing that this week. But I want to be as prepared as I can be before I go in. Thanks


I agree with my colleague. You are seeking very specific advice about your financial affidavit. This isn't the forum for such specific recommendations and advice. It's a good idea to meet with a local immigration attorney before you do this. Good luck.

This information is intended as general information only. This communication does not establish an attorney-client relationship between me and the asker.


Your question is too complex and/or case specific for it to be answered meaningfully on Avvo.

You need to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts and handle the case.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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