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I-864 tax return question for recent college grad...

I-864 tax return question for recent college grad...

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Old Jan 27th 2011, 4:16 am
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Default I-864 tax return question for recent college grad...

Hello, I am filing the I-130 for my UKC husband who is waiting outside of the US for it to process. I am looking ahead to the affadavit of support, form I-864. I have an income that is plenty sufficient to sponsor my husband, but I have only had my fortunate job for just over 7 months and will be doing my first "real job" taxes this April. Otherwise, I worked small part time jobs in college. I had always heard that the I-864 is based on income, which bodes well for me, but I am concerned about having enough tax history. Will I be able to simply explain that I am a recent college grad and simply do not have the history except for my current employment? My dad filed my taxes for me when I worked my part time job....do I just submit those even though my income was miniscule? Or, as much as I don't want to have to do, am I going to have to find a joint sponsor because of this? Any opinions, especially based on experience are extremely welcome! Thank you.
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Old Jan 27th 2011, 10:24 am
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Default Re: I-864 tax return question for recent college grad...

Yes, include all your tax returns for the last 3 years even though they meet the guidelines. The US Consulate will understand that you were a student during those times and that you have just started gainful employment after graduation.
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Old Jan 27th 2011, 11:06 am
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Default Re: I-864 tax return question for recent college grad...

Originally Posted by midwestgirl
Hello, I am filing the I-130 for my UKC husband who is waiting outside of the US for it to process. I am looking ahead to the affadavit of support, form I-864. I have an income that is plenty sufficient to sponsor my husband, but I have only had my fortunate job for just over 7 months and will be doing my first "real job" taxes this April. Otherwise, I worked small part time jobs in college. I had always heard that the I-864 is based on income, which bodes well for me, but I am concerned about having enough tax history. Will I be able to simply explain that I am a recent college grad and simply do not have the history except for my current employment? My dad filed my taxes for me when I worked my part time job....do I just submit those even though my income was miniscule? Or, as much as I don't want to have to do, am I going to have to find a joint sponsor because of this? Any opinions, especially based on experience are extremely welcome! Thank you.
Whilst not necessary, and i'm sure your explination will suffice, why not try and get a joint sponsor as a just in case?
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Old Jan 27th 2011, 11:55 am
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Default Re: I-864 tax return question for recent college grad...

Thank you Rete. I was hoping that would be the case.

While I would be able to find a joint sponsor if needed, I really wanted to be able to do this on my own. My parents have done so much already for us financially, that I want to be responsible for everything here on out and not cause them any extra hassle or work whatsoever! Seem silly, but it's just a strong feeling I have.

Thanks
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Old Jan 27th 2011, 12:45 pm
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Default Re: I-864 tax return question for recent college grad...

Originally Posted by midwestgirl
I am concerned about having enough tax history.
It's a non-issue.

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Old Jan 27th 2011, 3:41 pm
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Default Re: I-864 tax return question for recent college grad...

Originally Posted by londonmale2008
Whilst not necessary, and i'm sure your explination will suffice, why not try and get a joint sponsor as a just in case?
If the Sponsor's I-864 is sufficient, the CO/AO can not take a Joint Sponsor.
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Old Jan 28th 2011, 1:57 am
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Default Re: I-864 tax return question for recent college grad...

Well there you go, not a problem I guess. Thank you guys!
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Old Jan 28th 2011, 7:16 am
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Default Re: I-864 tax return question for recent college grad...

Originally Posted by meauxna
If the Sponsor's I-864 is sufficient, the CO/AO can not take a Joint Sponsor.
So there is no chance that the co could say "you havnt been working for that long how else can you satisfy the financial support requirement?"

Is it the case that It is againt the rules to have a joint sponsor if the primary sponsor Is over the requirements?
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Old Jan 28th 2011, 11:46 am
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Default Re: I-864 tax return question for recent college grad...

Originally Posted by londonmale2008
Is it the case that It is againt the rules to have a joint sponsor if the primary sponsor Is over the requirements?
Yes. The I-864 has a specific threshhold... if the sponsor is at or over that threshhold, the I-864 requirements are satisfied as a matter of policy (and possibly as a matter of law).

Note that this is in direct contrast to the I-134 (for a K-1) where there is no specific requirement, even though most follow the amount listed in the I-864P. The AO can decide, on a whim, that what has been presented to him is insufficient... even if it meets or exceeds the I-864P amount.

Ian
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Old Jan 28th 2011, 12:56 pm
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Default Re: I-864 tax return question for recent college grad...

Originally Posted by ian-mstm
Yes. The I-864 has a specific threshhold... if the sponsor is at or over that threshhold, the I-864 requirements are satisfied as a matter of policy (and possibly as a matter of law).

Note that this is in direct contrast to the I-134 (for a K-1) where there is no specific requirement, even though most follow the amount listed in the I-864P. The AO can decide, on a whim, that what has been presented to him is insufficient... even if it meets or exceeds the I-864P amount.

Ian
very interesting, i didn't know this was the case! thanks
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