I-864 question

[QAtester 0]

On form I-864, I am little confused on how to calculate my income for the past 3 tax years as my income in my tax filings reflects income with my previous spouse. Do I need to subtract her income and only list mine or should I just enter the same numbers from my form 1040 even though it is an income with a previous spouse.

My divorce with my previous spouse was final in the middle 2009 and my new marriage is at the end of 2009.

I did file in 2006, 2007, 2008 as married filing jointly with my previous spouse.

I am filing 2009 with my income alone which is more than enough to cover poverty level requirement.

I would really appreciate any advice. Thank you

[trailmix 77]

Hi,

You need to state only your income on the I-864 income lines for each year.

You should also get tax transcripts, not use the 1040 and slips - unless you can also get your ex-wife's 1040s and slips. You need to be able to show proof of your individual income. Someone stated here, the other day, that these individual amounts are shown on the transcripts, although I personally haven't looked.

[QAtester 0]

This is going to be a nightmare to calculate. I am not even sure how to begin to do that as there were joint investment income, joint stock sale in addition to the traditional W2s that we got from our jobs.

Anyone had a similar situation? Please advice??? Thank you

[trailmix 77]

Yes, it might be hard, but it has to be done, you are going to have to do those calculations.

From the Adjudicator's field manual - Enforceable affidavits of Support:

If a sponsor filed a joint tax return with a spouse, but is qualifying using only his/her own individual income, the sponsor must submit evidence of that individual income. This evidence would include, for example, the sponsor’s own W-2(s), Wage and Tax Statement, and if necessary to reach the income requirement, evidence of other income reported to IRS which can be attributed to him/her, usually on Forms 1099.