I have a question about I-864 Affidavit of Support. I am planning to live in Pennsylvania or Massachussets. None. Just

Expert's Assistant chat
Customer: Hey Ely
JA: Hi. How can I help?
Customer: I have a question about I-864 Affidavit of Support
JA: What state are you in? It matters because laws vary by location.
Customer: I am planning to live in Pennsylvania or Massachussets
JA: What steps have you taken so far?
Customer: none. Just Understanding the process
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I am an American and I intend to move back to the United States. However, my wife is Brazilian and I want to get a visa for her. I plan to file form I-130. But, currently, I live in Brazil and I don't have anyone to be my Joint Sponsor. Then, after the I-130 will be approved, I pretend to work some months in the US. But unfortunately I don't have three years of income tax payment
Answered by Guillermo Senmartin in 5 mins 1 year ago
imglogo
Guillermo Senmartin
10+ years of experience
logo

101384 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoimgimgVerified lawyers, 10+ years of experience
Chat with a Lawyer in minutes, 24/7
imglogo

Verified lawyers, 10+ years of experience

Save time and money. Get specialized help.

imglogo
Guillermo Senmartin
10+ years of experience
logo

101384 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
14 Lawyers are online right now.
img

Guillermo Senmartin, Expert

Hello! My name is***** and I am a licensed attorney with more than 19 years of experience. I am here to assist you with your questions. If I do not respond quickly, I promise I will reply as soon as I can. It may take a little time to research and write your answer, I could be helping other customers, or I could be attending to personal clients as I have my law practice.

I don't think Ely has been active for a while. Would you like me to respond?

Customer
Hello Guilhermo
Customer
Can I be the sponsor (working some months in the US) in the I-864 Affidavit of Support process?
img

Guillermo Senmartin, Expert

You mean to come to the U.S. first, get a job and a few weeks or preferably months later, do the I-864 to bring her to the U.S.?

Customer
I intend to do what I can to get my visa for her. What do you recommend me?
Customer
https://www.uscis.gov/i-864 "You may submit this information for the most recent three tax years, pay stubs from the most recent six months, and/or a letter from your employer if you believe any of these items will help you qualify... "
Customer
My big problem is: "...the most recent three tax years..."
img

Guillermo Senmartin, Expert

No. The last year of income taxes is mandatory, not the last three years. The two before the last year are optional. You may ook for a Joint Sponsor for the financial aspect of the case. This Joint Sponsor must also file the same Affidavit of Support that you do and submit the same evidence that you still have to submit. The Joint Sponsor can be any U.S. Citizen or U.S. Lawful Permanent Resident over the age of 18 that makes the minimum amount. It does not have to be a family member or a household member. If that will not be possible, you can come back a few months before her, get a job, and then a few months later, while the I-130 is pending (or approved), when they ask for the I-864, you should be able to provide the following:

1) Copies of the last income taxes.
2) Copies of the last 1099s and/or W-2s.
3) Copies of the last 3 to 6 bank statements.
4) Copies of the last 3 to 6 paycheck stubs.
5) Letter from the employer on company letterhead stating salary, position, time with the company, and prospects for continued employment in the near future.

What else may I answer for you?

Customer
I don't have anyone to be my sponsor. Then, I will work in the US some months before as you said. The copies of the last income taxes (last year) should be above the poverty line during the whole previous year?
Customer
For example, my annual salary did not reach the poverty line minimum last year, however, if you check at the monthly salary it was reached.
img

Guillermo Senmartin, Expert

Yes. The most important things relate to current income, not so much what you made last year, per se. So if it is just the two of you, no other dependents, get a job in the U.S. making $1815 or more per month and that should be enough after you can prove you are making it for a few months plus.

What else would you like to know?

Customer
Logical reasoning: If I have to send copies of the latest tax return, And I don't want to be away from my wife for too long. Then, I have to plan the optimal month to go to the US because there is a tax return period. I believe I should start working in the US a few months before the IRS tax deadline (in April). Is this correct?
img

Guillermo Senmartin, Expert

I cannot really answer tax questions for you as I am not an accountant or a tax lawyer, but my limited understanding is that as a U.S. Citizen, you are always required to file taxes every year even with a $1 income just that you don't pay any taxes. You still have to file them. So speak to an accountant about late filing. What other U.S. Immigration Law questions do you have for me?

Customer
My question is which month of the year is it possible to have a copy of the income tax return. But I believe that I have to ask a US accountant.
Customer
You've already helped me a lot with this suggestion:
“If that will not be possible, you can come back a few months before her, get a job, and then a few months later, while the I-130 is pending (or approved), when they ask for the I-864, you should be able to provide the following:
1) Copies of the last income taxes.
2) Copies of the last 1099s and/or W-2s.
3) Copies of the last 3 to 6 bank statements.
4) Copies of the last 3 to 6 paycheck stubs.
5) Letter from the employer on company letterhead stating salary, position, time with the company, and prospects for continued employment in the near future…”
Thank you Guilhermo
Customer
As you are an immigration lawyer, if you have any more advice, I would be very grateful. Thanks
img

Guillermo Senmartin, Expert

Yes. I've been an immigration lawyer for almost 20 years. And you are very welcome. Thank you for being a valued customer. My goal is to provide you with excellent service – but that does NOT mean we finished if you need to continue. If you feel you have received anything less than quality service or have additional questions, please reply. I am happy to address 1 or 2 follow-up questions for you. There is no additional charge for that. For any different cases in the future, please post a NEW session and remember to use FOR GUILLERMO in the message box so that no one else grabs the question. That way, I can become your exclusive immigration consultant. Also, I am not currently taking active cases for representation, but I am accepting certain cases for review. If that interests you, please let me know and we can upgrade to a quick phone call for just a few dollars to discuss pricing.

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer