Legal Question in Immigration Law in Hawaii

When filing affidativ of support I-864, the sponsor needs to attach a copy of federal tax return of the most recent year. What if the most recent year tax return will be available only at the end of January 2011, but the applicant's visa expires in December 2010, so documents need to be submitted before expiration. The second most recent tax returns for 2009 are not as good as those for 2010 - less income - so would it be better than to mail the tax returns for 2009 and then send later or bring to the interview tax return for 2010 when it is available. Wouldn't this 2009 tax return disqualify the sponsor? When does the immigration make the final decision on the qualification of the sponsor? Husband is the sponsor.



Asked on 12/01/10, 5:04 am

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

As of December 2010, the most current tax returns are those for 2009. In addition, evidence of your current income (for 2010) can be enclosed to document your current income.

The affidavit of support requirements must be met at the time of filing. You will not be scheduled for the interview if you fail to submit sufficient affidavit of support and supporting documents.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn’t create an attorney-client relationship. If you want to schedule a legal consultation, I would be happy to help and advise you. You can email me at [email protected] or complete an Info Form with a consultation request at . For more information visit

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Answered on 12/06/10, 7:21 am

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