loocfa

im currently gathering info about the I-864 form, i am a british citizen, married to a USC. my mother-in-law (lives in the USA) has agreed to be my sponsor, as my wife's income does not reach the requirements. my wife does have her last 3 years of tax records.

my questions are;
can my mother in law be my sponsor?
if so do i still need to include my tax records with my application?
and does my wife still have to include her tax records, even thou she does not meet the minimal requirements?

any help would be greatly appreciated
thanks

meauxna

Your wife must be your Sponsor, regardless of her income/assets (dont' forget your assets can be counted as well).

Your MIL can be your Joint Sponsor.

Tax transcripts are required from each Sponsor type.

Noorah101

Just want to make sure here that your mother-in-law is also a USC (or a PR).

Your wife must still be your sponsor, even though she doesn't earn enough. Your MIL will be your joint sponsor.

Your wife will need to include a copy of her most current tax return (either a photocopy of her return or IRS tax transcripts).

Yes.

Your wife will fill out an I-864 and include whatever backup info she has, including tax returns. Your MIL will fill out a separate I-864 and include all her backup (tax returns, letter from employer, pay stubs).

If you and your wife have assets (home, property) which meet 3x the amount needed in income, you can use that instead of a joint sponsor.

Rene

Bluegrass Lass

She is not your sponsor. She would be your joint sponsor. She must be a legal Permanent Resident or a US citizen to be your sponsor.

Your wife fills out the I-864, with her tax information. She would include her tax forms. Your MIL fills out the I-1864 and includes her tax information.

Absolutely. See my answer above.

As Meaxna said, you may also be able to add your income to your wife's I-864 at the time of your interview. I don't think you can add your income at this time because you have only been married a short period of time (I assume). Most people, by interview date, have been married close to (or more than) 1 year. At the interview, you can take a new I-864 that includes your income. If this new I-864 meets the income guidelines, and the Adjudicating Officer accepts it, your mother-in-law may not need to be a joint sponsor. However, the AO may not accept this I-864 and you may still need to use your MIL as a joint sponsor. It's pretty much up to the officer to decide whether to accept the new I-864 or not.

Good luck!

Noorah101

Actually, Sunflower, he's in a VWP overstay situation, so any money he is earning cannot be counted on the I-864, as it is being earned illegally.

Here's the link to more of his details: http://britishexpats.com/forum/showthread.php?t=536596

Rene

loocfa

thanks for the replies,
great info,
yes my mother in law is a USC. and Rene is right i am an overstayer, but did get married within my first 90days.
i do not have any income/assets and will find it hard to get my tax information, will this, effect my application, do i need to submit information of my past tax history in any part of my application?, or does it not matter seeing as i have a sponsor and a co sponsor?

Noorah101

YOU personally don't need to do anything for the I-864. It's your wife's form to fill out. They need HER tax returns and info, not yours.

Her most recent tax return should be for 2007, and since you were married at that time, she should have checked the "married" box on her tax return. She could have either checked "married filling jointly" or "married filing separately", but she can't have checked "single". If she checked "single", she should do an amended return ASAP. It will be important for immigration to see that you guys filed a "married" tax return.

So to answer your question, no...YOU don't need to do anything in particular about YOUR individual taxes from your past. Only the 2007 year comes into play here.

Rene

clarissageo

Just a quick question on this one - my hubby has been over here in the UK with me since July last year, not working, and didnt work in the US before he came over, so has no figures to file - we have his returns for 04, 05 and 06 - was he meant to file, and do you think the returns we have will suffice? (his mother is my joint sponsor)

Noorah101

Include copies of the returns he does have, just to show he's doing the right thing by filing a return. If he was not required to file a return for 2007, have him write a statement why not, and include that too.

Rene

clarissageo

Thanks Rene, that puts my mind at rest

loocfa

thanks for your help,
yet another question answered, i will sleep well tonight,
thanks

Pandajuice

I have basically the same question and know you answered it Rene, but I just wanted to be sure. I've been living in the UK as a house-husband for over 3 years now so my last tax return filed in the states was in 2005. Is that 3 year old return sufficient for their documentation purposes or will I be shot down for not having a more recent return and/or indicted for tax evasion?

Noorah101

As a USC, you are supposed to file a US tax return. If you were not required to file a return because you didn't earn enough worldwide income, write a letter to that effect to include with your I-864.

Rene

Noorah101

That said, if you are doing DCF, I have heard that you *should* file your current tax returns, however I'm not sure if that only applies if you are earning income or not. Hopefully someone will chime in who knows for sure.

Rene