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  • I-864 Question

    My daughter is my petitioner on a I-130 but she has not enough income to sponsor me on a I-864, so I go a friend who is has enough income to support me and sign the I-864. My question is, can we do only one form I-864 using my friend as a the only sponsor and leaving my daughter out as she has no income or we still have to do hers too?

  • #2
    Originally posted by Trappaca_I_130 View Post
    My daughter is my petitioner on a I-130 but she has not enough income to sponsor me on a I-864, so I go a friend who is has enough income to support me and sign the I-864. My question is, can we do only one form I-864 using my friend as a the only sponsor and leaving my daughter out as she has no income or we still have to do hers too?
    Kuddos for asking this question. Your daughter is your default sponsor for the I-864. Therefore, she has to fill out the I-864, even though you will use a joint sponsor. If your daughter did not have to file taxes because her income was below the threshold, then she can either file taxes anyway OR she has to submit a statement along with W-2s and clearly explain "My income in 2017 was $X,ZZZ. I was not required to file a federal tax return for 2017 because my income was below $Y,YYY"
    I am pro-filing taxes whether you have to or not. When the IRS audits you, they can only go audit a number of years. Say 5. So if you file taxes 3 times when you were not required to, then you are using up 3 of those possible years they can audit.

    Her statement should be a sworn affidavit. You don't want any doubt that she was not required to file taxes.

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