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Posted (edited)

Hello everyone. I am filing AOS package for my father who is in B2 visa right now. While finishing the I864 form, I am confused about question 25 which is Federal Income Tax Return information. In that part, the question is "My total income (adjusted gross income on IRS Form 1040EZ) as reported on my Federal tax returns for the most recent three years was". I filed the federal tax jointly with my wife, so on the 1040EZ we have the combined income both my wife and I. I don't want to include my wife income in the I864 because my income is sufficient for the AOS package. So on the I864, should I write combined income of my wife and I on the federal tax income question? Or should I just write my income on there?

Thank you very much

Edited by tobias
Posted
Hello everyone. I am filing AOS package for my father who is in B2 visa right now. While finishing the I864 form, I am confused about question 25 which is Federal Income Tax Return information. In that part, the question is "My total income (adjusted gross income on IRS Form 1040EZ) as reported on my Federal tax returns for the most recent three years was". I filed the federal tax jointly with my wife, so on the 1040EZ we have the combined income both my wife and I. I don't want to include my wife income in the I864 because my income is sufficient for the AOS package. So on the I864, should I write combined income of my wife and I on the federal tax income question? Or should I just write my income on there?

Thank you very much

I would just use yours. (since it is going back 3 years)

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Posted

But on the 1040 EZ, it has my combined income. If I only put my income in the I864 federal tax question. Would it confuse the USCIS that read my federal tax return? In my 1040, I have a sheet that seperate my income and my wife income? So should I write the combined income in the I864 and include the federal tax return with the attached sheet that seperate my income and my wife income?

Thanks

Posted
But on the 1040 EZ, it has my combined income. If I only put my income in the I864 federal tax question. Would it confuse the USCIS that read my federal tax return? In my 1040, I have a sheet that seperate my income and my wife income? So should I write the combined income in the I864 and include the federal tax return with the attached sheet that seperate my income and my wife income?

Thanks

Instructions I-864:

This section is used to determine the sponsor's household income. Take your annual individual income from line 23 and enter it on line 24a. If this amount is greater than 125 percent of the Federal Poverty Guidelines for your household size from line 21h, you do not need to include any household member's income.

If you included the income of the intending immigrant who is your spouse (he or she would be counted on line 21a),evidence that his/her income will continue from the current source after obtaining lawful permanent resident status must be provided. He/she does not need to complete Form I-864A unless he/she has accompanying children.

So - just use yours if you wish, and make note that you are only showing your income. If you combine the two, you will have to provide proof of your wife's job as mentioned above.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

 
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