Harveyspecter

My USC wife will be co-sponsoring my visa along with her parents as she doesn't meet the minimum requirements alone, so my understanding is she will fill out an affadavit of support I-164 and her parents will each fill out an I-164A. I have 2 questions:

1. Is the $88 fee with the Affadavit of support for EACH form, or total?
2. In the I-164 you have to put in your last 3 years annual salary. For my wife will this be based on a UK tax year or a US tax year? She has been resident in the Uk since october 2014, and began working in January 2015. We will be filing these in January-ish of next year, so what years tax returns does she need? If they use 2015, that will be an incomplete British tax year so she is unsure of how to work out total annual income for that period if so?

Many thanks in advance!

Noorah101

Form I-864.

Your wife is your sponsor. One of her parents will be a joint sponsor. Your wife fills out an I-864. Her parent fills out a separate I-864. Since they don't all live in one household, no I-864a is needed.

US tax year is Jan 1 to Dec 31, so those are the dates she uses for her US tax returns. In January 2016, my guess is that she will have prepared 2014, 2013, and 2012. The 2015 tax return isn't due until April 2016.

I assume the I-130 has been (or will be) sent to the USCIS field office in London? If so, there is no fee for the I-864 at all.

Rene

Harveyspecter

That's all correct Rene, will be filing the I-130 with USCIS in London next month, thank you!

ian-mstm

To clarify, your USC wife is your sponsor. One of her parents (but not both) will be a joint sponsor. If the income from both parents is required to meet the minimum financial requirement, the other parent will not be a joint sponsor but will, instead, be a household member. There can only be one joint sponsor.


You understand incorrectly. Your wife will complete an I-864 (not I-164), and the joint sponsor will also complete an I-864. If the income from both parents is required to meet the minimum financial requirement, the other parent (the household member) will complete an I-864A.


There is no fee to submit either an I-864 or I-864A when it's in support of an I-130 petition and/or CR-1/IR-1 spouse visa.


It'll be based on a US tax year - January 1 through December 31.


She needs the 3 most recent years... as you already noted. Be aware that she isn't required to submit UK tax returns... she's required to submit US tax returns. The US taxes her citizens on their worldwide income and, under US law, she is required to file a US tax return annually regardless of where in the world she lives. The only exemption from the filing requirement is if she earned less than the IRS threshold for filing. That info can be found at www.irs.gov.

Ian

Harveyspecter

Thanks Ian. That clears up the I-164 form situation.

Ok, so are you saying she will need her 2015 tax returns or her 2014? 2015 will be the most recent YEAR, but her most recent tax return will be 2014 at the time of applying for my visa (January).

Noorah101

The correct form number is I-864.

2014 will be the most recent year that she will have filed.

Rene

ian-mstm

It's an I-864.


She needs the most recent return. She is not obligated to file her 2015 tax return until April 15, 2016... so, if your interview is at any time before that date, her most recent return will be 2014.

Now, she can file the 2015 return any time between January 1, 2016 and April 15, 2016 - so, if she does file, then the most recent return is 2015. However, if your interview takes place before April 15, 2016 and she hasn't yet filed the 2015 return, then her most recent return will be 2014.


If I can ask, why are you not starting the process until January? Most folks file the I-130 ASAP knowing that it'll take 4-5 months until you get the visa. The visa itself is valid for roughly 5+ months after issue.

Ian

Harveyspecter

Right after I posted my last message and was chatting to Mrs Specter, I realised I'd said 164 and not 864. Apologies and thanks for the correction!.

Again thanks for the clarification Ian. To confirm, we are applying for the I-130 later this month with the aim of having that approved etc to apply for the Visa via to DS-260 in January, which is when the Affadavit of support is needed. Hope that clears my statement up.

ian-mstm

To clarify, the I-130 is a petition that establishes the relationship between a USC and a non-USC. You don't apply for it... that's just the form number.


Yes... that makes more sense now! Best of luck to you.

Ian

Harveyspecter

Thanks Ian