Debbie12345

hi - i'm overactive today i know.

Does anyone know the conditions for filing a I864EZ or not? Our attorney gave us the EZ to use, but it has a checklist that includes having W-2's. I've been out of the country working for 2 1/2 yrs so i don't have W-2's that match my tax returns (they are P60's in the UK).

So, does anyone know what exactly is the requirement and can we file using the EZ?

My lawyer isn't sure and she's trying to be conscious about saving us money so i'm doing a bit of digging ourselves.

Noorah101

Hmmmm...I'd say if you don't have exactly what the EZ is asking for, go ahead with the regular I-864.

Rene

meauxna

Have you looked at the form download page? That is where you'll find the explanation of the different types of I-864s.
Pretty much all of them will request W-2s so I wouldn't look at that as the qualifying document. And yes, you're not going to have them, because you weren't paid by a US employer.

Oh, lawyer isn't sure? Why did she give that to you then?

Look here first: The EZ form was introduced in the Final Rule. From the top of my head, the EZ is for income-only I-864s. If you're overseas, without US income, that doesn't sound like the right one.

then jump over to the forms page at uscis.gov and look at the detailed instructions, but I think that article has the info you need. Focus on the Final Rule document.

Debbie12345

Our lawyer is mostly familiar with US processing of Visas so the USE filing rules she isn't as sure about.

I'm actually working in the US now, but my 2007 tax return would've been from UK income exclusively. I think its probably best to file the I-864 (no EZ).

Will my current income (which exceeds the 3x requirements) qualify us? or because my last tax return is from UK income mean that we need a co-sponsor? I also have significant savings in the US bank account that we can show along with the last month of paystubs and my job offer letter.

thx!

meauxna

Whoa, stop right there.
Your tax return is nothing to do with your current income.
Your current income is what matters on the I-864.
You may indeed qualify to use EZ but don't make me look it up tonight.

Right, there you are. Almost.
Your current income has nothing to do with the 3X requirement. You are starting to make this harder than it needs to be.

Your current income must be 125% of the poverty guideline for your household size. Two people, roughly $17K annualized income.

You are earning in excess of that now. Check.
You have earned commensurate income in your recent past. Check.
Your last year's income tax return in fact shows that you were earning on a similar level outside the US. Check.
You have liquid assets that you amassed on your job in the UK. Check.

I don't see why you need a joint sponsor; you're earning sufficient income now, have earned it in the past AND have assets.
The tax return requirement is for two things: mostly it shows that you did your duty and filed as required. It can also show a history of your earnings and the likelihood of that income level continuing. Keep in mind that I was totally unemployed and had been for a couple of years when I turned in my I-864. But I HAD earned sufficient+ and had job offers to return to that field AND had the required assets etc. The things the CO said to me in my DH's interview and the things I've read here over time have lead me to the conclusions I've made.