King Ineptune

Hello Faithfull Group,

First of all, I want to thank everyone involved in answering our questions
so far. We have decided to do DCF. We were married last week and my spouse
has returned to Europe. I now have the task of "correctly" filling out
subject forms.

Here's the situation...

* I have my tax forms from the last 3 years with the following issue:

1. The oldest return was filed jointly. I do not have an actual copy of that
year's W2 but the tax preparer provided the specific information that was on
it (ie: Employer Id Number, Type, Wages, Witholdings, Medicare,
Fed/state/local taxes, etc). Will this suffice in leiu of the actual W2?

* I have earned the required minimum for each year of the 3 year period but
I am currently unemployed (have been for approx 5 months... blechhh). How
critical is it for me to have the 864A on hand? Should I bring a copy of my
resume as well as a list of jobs that I have applied to? I am a
marketing/management guy.

FORM 864 Questions:

* Part 4D (Sponsor's Annual Household Income) - Is this simply the amount
listed under wages on the W2?

* Part 4F (Sponsor's Assets and Liabilities) - Even though I am currently
unemployed, I have met the minimum requirement. Do I still need to fill this
part?
Subtracting depts... Does this mean if I still owe money on a car loan that
I must deduct that amount from my savings deposits? Do Savings Bonds qualify
as a bond asset? Is a 401k an asset?


FORM 864A Questions:

* Part 1 (Info on Sponsor's Household Member etc) - This is confusing to me.
Does the co-sponsor's information go in this part? If my co-sponsor are my
parents (who do not live with me) is that acceptable?

* Part 2 (Sponsor's Promise) - I assume that is me.

* Part 3 (Household Member's Promise) vs. Part 4 (Sponsored Immigrant
Household) - Which is which?


Co-Sponsor Questions:

* Do they need to provide "certified copies" of their birth certificate or
will a copy suffice?

* What financial information do they have to provide (details please.... do
they need to list bank names/addees, 3 years of tax returns, etc?).


Sorry for the length but I'm sure this thread will help others in the
future. By the way, the wedding was extremely small and extremely wonderful
and special.... we are quite happy with making that tough decision!



Thanks in advance,
Mark

meauxna

First, Congrats on your new marriage! When/where will you be filing your DCF? I remember your nick, but not your details.
I'll take a stab at your questions...

Which 3 years are you using? If 99, 00, 01, you could file 02 and drop the one year of joint filing.

If 00, 01, 02, you may want to look into ordering a copy of your W2. I personally don't feel that it will be that important, as you will likely be there in person to deliver your I-864 to the CO and can answer any questions at that time. They are usually most interested in what you will do in the future. I would certainly try to fly the tax preparer's version of what you have.


You can search under my name to see how I handled being unemployed at the time of my DCF. It raised questions with the CO and my answers satisfied her. I think a copy of your resume on hand and a diary of your recent job search activity (if you can put a positive spin on it!) is a great idea. You can either include it as an attachment to your I-864 packet, or hold it back for the interview. I was specifically asked if I had any job offers or prospects. As I too fall under the marketing/management veil, I think you'll understand my continued encouragements to look on this interview/submission as a selling opportunity. Don't be afraid to inject some personality into the process!


No, as you can include other forms of income than just job wages. I believe the correct line is line 33 on your 1040: Adjusted Gross Income

Use assets to bolster your position *if you like*. If you meet the 125% on income and can make a good case that you will continue that level of income soon, you do not need to include assets. I did use assets, as I had zero income. You can see some of my I-864 details in this post: http://britishexpats.com/forum/showt...threadid=92538

If you use assets that are financed (real estate, autos etc), you can only claim the amount of equity you have in each. You must prove ownership, real market value, and debt on the assets. So you don't deduct the debt from savings deposits, but from the RMV of the asset.

Savings Bonds and 401Ks should be considered assets.

You will only use the I-864A if you are going to include your new spouse's income and/or assets. If not, it doesn't apply and has nothing to do with the co-sponsor at this point.

If you meet the 125% with income, and barring that have sufficient assets to use, you don't *need* a co-sponsor. If you decide (as I did) to have one in case of a backup, they will need to provide proof of their US Citizenship. This can be a copy of their passport, probably notorized (don't recall off the top of my head), so I imagine a 'real' copy of their BC would be in order.

The co-sponsor completes their own version of the I-864 and includes similar info as the main sponsor. It is completed as a stand-alone document.

Yes, the topic comes up pretty regularly. Again, a search on my nickname and I-864 will net you posts that may be of further assistance.

Best of luck, let me know if I was unclear about anything.
meauxna