I-864 and income questions...

[NateM 0]

I was hoping to not have to post any more questions, but a few have come up...

I'm helping my wife, who arrived on a K-1, file for AOS. I was able to qualify financially to get her here based on my 2008 income, but my financial situation so far this year isn't as good as last year, and I'm quite certain I'll need a co-sponsor (before I continue - I'm assuming a co-sponsor and joint sponsor are the same thing, but if I'm wrong, please let me know).

My mom, who we are currently living with, is willing to be a co-sponsor. This entire time, I've been assuming this would just require us each to fill out a separate I-864... But after reading the I-864 instructions, I'm now wondering if she has to fill out the I-864A instead (I found the instructions to be a little confusing and ambiguous in parts). So, in this situation, do I have to fill out the I-864 and have my mom fill out the I-864A? Or can we each just fill out a separate I-864?

I'm also a bit confused regarding what to put for my "Current individual annual income" on line 23... Because the main evidence required is my 2008 tax return, can I assume that's what they want to know (my 2008 income) and just use that? Or do I have to update them and just try to estimate what I'll make this year now that I've been laid off? (There are a few gray areas regarding this and question 22... While I am laid off, I am technically still considered an employee where I work, and may be called back in. So I'm trying to figure out if I should put "Employed" or "Unemployed since _xxxxx__" To add to the confusion, much of my income came from being self employed in 2008, but business has been almost non-existent since the economy took a dive. So I'm also wondering if I should choose the "self employed" option for 22 - it might look strange to them (the USCIS) if I don't, considering self employment made up most of the income on my 2008 tax return. Sorry - this paragraph has become quite scattered and choppy, so I may do what I did once before and put my main questions/points of this post in italics or bold. As for this paragraph itself, I guess I'm just totally confused what to put for question 22.

Thanks for all the help and patience so far - it means a lot. Just FYI - I already know about how many self employed people use their last 3 tax returns, but I didn't file in 2006 or 2007 due to being abroad/not making minimum income requirements. (Just trying to prevent the topic from flying off course ) .

[trailmix 77]

I'm not sure about your income question. Normally one would put their anticipated income for the current year.

As for the I-864 vs I-864A, for your Mother to fill out - she would use the I-864A as she is a household member.

Form I-864A, Contract Between Sponsor and Household Member

It is an optional form, completed and signed by two individuals: a sponsor who is completing Form I-864, and a

household member who is promising to make his or her income and/or assets available to the sponsor to help support

the sponsored immigrant(s). The combined signing of this form constitutes an agreement that the household member is

responsible along with the sponsor for the support of the individual(s) named in this form.

Edited June 17, 2009 by trailmix

[Bobby+Umit 161]

You would put your current annual income (2009), not what you made in 2008. If your laid off, you would put how much you made to that point. (can't claim income you do not have coming in).

I would say you need to put "unemployed"

But - if your Mom is joint sponsoring - you really shouldn't worry about it, since the onus is on her to provide for your wife. Does she make the poverty level needed?

[NateM 0]

You would put your current annual income (2009), not what you made in 2008. If your laid off, you would put how much you made to that point. (can't claim income you do not have coming in).

I would say you need to put "unemployed"

But - if your Mom is joint sponsoring - you really shouldn't worry about it, since the onus is on her to provide for your wife. Does she make the poverty level needed?

She makes about $3,700 above the 125% poverty level needed when going by her 2008 tax return... And about $5000 above this same level if we go by her "current" or projected 2009 income (since she got a small raise in between). These figures are based on a 3 member household.

So she's above, but not by a lot... Do you think this amount will be adequate given that my income has dropped down to very little?

[Bobby+Umit 161]

You would put your current annual income (2009), not what you made in 2008. If your laid off, you would put how much you made to that point. (can't claim income you do not have coming in).

I would say you need to put "unemployed"

But - if your Mom is joint sponsoring - you really shouldn't worry about it, since the onus is on her to provide for your wife. Does she make the poverty level needed?

She makes about $3,700 above the 125% poverty level needed when going by her 2008 tax return... And about $5000 above this same level if we go by her "current" or projected 2009 income (since she got a small raise in between). These figures are based on a 3 member household.

So she's above, but not by a lot... Do you think this amount will be adequate given that my income has dropped down to very little?

Again, they look at current income. They use past income to see the trend in your income.

If she is at or above the level needed, it should be OK, but they look at the whole picture, according to the State 864 FAQ for visa interviews (I would imagine all government agencies would follow the same guidelines):

Is a "sufficient" I-864 the only consideration for meeting any public charge issues at the time of the visa interview?

No. Even though the I-864 is a contract and the U.S. government prohibits giving immigrants most federal means-tested public benefits for at least the first five years after their arrival in the U.S., consular officers look at other public charge issues. They will look at the complete financial situation of the sponsor and the applicant. This means looking at the age, health, education, skills, financial resources and family status of the applicant and the sponsor. They will confirm to the extent possible that the applicant will have adequate financial support and is not likely to become a public charge.

Here is an excellent writeup on this process - 864 FAQ

(From my wanderings on posts/uscis/state, USCIS/State seem to match up with this 'read')

[Gary and Alla 3,694]

I was hoping to not have to post any more questions, but a few have come up...

I'm helping my wife, who arrived on a K-1, file for AOS. I was able to qualify financially to get her here based on my 2008 income, but my financial situation so far this year isn't as good as last year, and I'm quite certain I'll need a co-sponsor (before I continue - I'm assuming a co-sponsor and joint sponsor are the same thing, but if I'm wrong, please let me know).

My mom, who we are currently living with, is willing to be a co-sponsor. This entire time, I've been assuming this would just require us each to fill out a separate I-864... But after reading the I-864 instructions, I'm now wondering if she has to fill out the I-864A instead (I found the instructions to be a little confusing and ambiguous in parts). So, in this situation, do I have to fill out the I-864 and have my mom fill out the I-864A? Or can we each just fill out a separate I-864?

I'm also a bit confused regarding what to put for my "Current individual annual income" on line 23... Because the main evidence required is my 2008 tax return, can I assume that's what they want to know (my 2008 income) and just use that? Or do I have to update them and just try to estimate what I'll make this year now that I've been laid off? (There are a few gray areas regarding this and question 22... While I am laid off, I am technically still considered an employee where I work, and may be called back in. So I'm trying to figure out if I should put "Employed" or "Unemployed since _xxxxx__" To add to the confusion, much of my income came from being self employed in 2008, but business has been almost non-existent since the economy took a dive. So I'm also wondering if I should choose the "self employed" option for 22 - it might look strange to them (the USCIS) if I don't, considering self employment made up most of the income on my 2008 tax return. Sorry - this paragraph has become quite scattered and choppy, so I may do what I did once before and put my main questions/points of this post in italics or bold. As for this paragraph itself, I guess I'm just totally confused what to put for question 22.

Thanks for all the help and patience so far - it means a lot. Just FYI - I already know about how many self employed people use their last 3 tax returns, but I didn't file in 2006 or 2007 due to being abroad/not making minimum income requirements. (Just trying to prevent the topic from flying off course ) .

You fill out I-864, Mom fills out I-864a if you are in the same household.

Do not confuse "employment" with "working". You can be employed and not working. If you are still employed, state you are employed and state your current annual income. It is the truth. I took what amounted to several weeks off without pay last year during this process, yes it affected my final income for the year, but my salary remained the same and I stated as such.

If possible it would be great to submit something in writing that you are on temporary furlough and are expected to return to your normal work on...(anticipated date) I would imagine in this case you are collecting unemployment and do not need to do a job search, correct? Because if it is a seasonal or temporary layoff, this is usually documented and you are not required to do a job search during the period of not working. Get this document!

You will need to file the tax returns for the AOS, even if working abroad and not making much money. Not needing to file and not needing to pay taxes are two very different things. The threshold for not filing is VERY low. Foreign earnings must be claimed by US citizens. There is no penalty for filing late if you do not owe tax (which you very well may not) but you need to file. You can get the forms easily...google 1040/2006 for example. You will find all the forms you need.

[NateM 0]

Thanks to all who have replied so far... As far as tax forms for 2006 and 2007, I wasn't working abroad. I was living on money I had saved up prior. At one point in there I had returned to the US and worked part time for like a week or two. But, even if I did make slightly over the minimum abount required to file (which I think is $550 or so - which I'm pretty sure I made less than, but let's just suppose that I made $100 more, for example)... If I was already telling them how little I made, are you saying they would still demand tax returns from 2006 and 2007? I can fully understand them wanting three years of tax returns if I was claiming I make enough money and they wanted further evidence of that, but in this case, I'll be telling them up front I won't make enough in 2009 and am using a co-sponsor. What are your thoughts?

I'm starting to feel a bit overwhelmed by this whole thing... I also have actually been laid off twice in 2009, but only have a letter of employment from the first (I'm still technically an employee of both, I believe). I'm not even sure how much that last part matters, but basically, my wife's I-94 expires this weekend and I have to get this in the mail in less than 24 hours in order to beat the deadline. Do you think it's better to file on time, but still be unsure about the above things/whether the I-894 is perfect? OR... Would it be better to try to be sure everything is as perfect as possible on the I-864 before sending it in, but have my wife go "Out of Status" for a few days (or even a week)?

Any advice would be greatly appreciated at this point. I'm starting to feel very stressed.

[Bambi & João 2]

I know this topic is OLD but I am now filling out the i-894 and my brother who does NOT live with me is a co-sponsor. Does he fill out the I-894 too? Now I have a 19 year old son with a job and he's offered to let me include his income. That would require the I-894 A. Is this correct. Also, when the I-894 asks for household size, Am I supposed to count the immigrant who is my fiancee?

[aaron2020 11,651]

I know this topic is OLD but I am now filling out the i-894 and my brother who does NOT live with me is a co-sponsor. Does he fill out the I-894 too? Now I have a 19 year old son with a job and he's offered to let me include his income. That would require the I-894 A. Is this correct. Also, when the I-894 asks for household size, Am I supposed to count the immigrant who is my fiancee?

Your fiancee as the intending immigrant is always counted.

If you use your brother, he would be a Joint Sponsor. You file an I-864. He files a second I-864. Your brother must make enough to support his household count and your fiancee. Your household count is irrelevant. Your income is irrelevant when you use a Joint Sponsor. Only the Joint Sponsor's income is counted.

If your son lives with you, then he can be your household member. His income would be combined with yours. You count your son and your fiancee in your household.

Under no circumstances will you need both your brother to be the Joint Sponsor and your son to be the household member. Choose one or the other. (If your brother is accepted as the JS, then your income and your son's income become irrelevant. If you and your son's income qualify, then there is no need for a JS.)

Edited October 29, 2013 by aaron2020

[Bambi & João 2]

Thanks so much!! My brother make 3 times what I make and is well above the required amount to sponsor my fiancee. I am just below. I think I will just leave my sons income out of it and send him my I-864 and my brothers. My son has received two paychecks and is just trying to be helpful!