I-864 assistance please!

[Sweetcheeksss 91]

Ok so my hubby is filling out his I-864 for my application and he had a few questions - but I am not able to answer them so I thought I'd ask here

Part 3 Question 8 - He would check, but does he check the "yes" box right below that?

Part 3 Question 9 - He listed my son as other family members he is sponsoring but it says "Do not include any relative listed on a separate visa petition". My son has his own I-130 application so should my husband leave him off of my I-864? Because he (my son) has to have a separate affidavit for his I-130 yes?

And lastly, in regards to my husband's income. He is active duty military and as such, the past two years, he's been deployed 10 out of the 12 months and while deployed, one of his "benefits" is that the income he earns is not taxed. On his IRS tax transcripts it shows his adjusted gross income very low because I *think* it's only showing the portion of his earnings that WAS taxed. How will that effect the I-864? His W-2's show ALL of his income.

Thanks in advance for any help.

[Bleauwolf 9]

Ok so my hubby is filling out his I-864 for my application and he had a few questions - but I am not able to answer them so I thought I'd ask here

Part 3 Question 8 - He would check, but does he check the "yes" box right below that?

Part 3 Question 9 - He listed my son as other family members he is sponsoring but it says "Do not include any relative listed on a separate visa petition". My son has his own I-130 application so should my husband leave him off of my I-864? Because he (my son) has to have a separate affidavit for his I-130 yes?

And lastly, in regards to my husband's income. He is active duty military and as such, the past two years, he's been deployed 10 out of the 12 months and while deployed, one of his "benefits" is that the income he earns is not taxed. On his IRS tax transcripts it shows his adjusted gross income very low because I *think* it's only showing the portion of his earnings that WAS taxed. How will that effect the I-864? His W-2's show ALL of his income.

Thanks in advance for any help.

Regards your questions:

• Part 3 / Question 8:
  

I assume it is you whom he is sponsoring, Right? Therefore, it is you who should be listed in PART 2. (Questions 2 through 6). The answer is YES. He should check the 'Yes' box.

• Part 3 / Question 9:
  

Sounds like your son is going through his own process... i.e. by virtue that he is on a separate I-130 petition. Therefore, (just as the I-864 states). You CAN'T list him. If the original petition included two family members it would be different. However, in this case he has is own I-130 processing. He can't be listed on this I-864.

Here is an excerpt directly from the I-864 instructions regarding your question: (Form I-864 Instructions (Rev. 10/18/07)Y Page 3 - [bottom right column])

Separate affidavits of support are required for intending immigrants for whom different Form I-130 family-based petitions were filed. For instance, if you are sponsoring both parents, each will need an original affidavit of support and accompanying documentation since you were required to submit separate Form I-130 visa petitions for each parent.

• Regards your husband's income: Along with sending the tax transcript AND the W-2. I would strongly suggest adding two more documents just to clear-up any questions.
  1) Call IRS customer service just to double check and confirm that his transcript only reflects the 'taxable' portion of his wages (therefore the discrepancy between tax transcript and W-2)
  2) Prepare a short, concise, and to the point statement (send it as an addendum WITH the I-864 package) Don't forget to add the basics to header of your typed statement. i.e. Case # / Name and DOB of petitioner / Name and DOB of applicant / beneficiary / then write the body of your statement.
  3) Include a copy of proof of active military duty (send it as an addendum WITH the I-864 package)
  

An Added Note:

In case you were not aware, your husband gets some additional benefit to the income requirement (meaning his salary can be at 100% minimum poverty guidelines [for active duty] rather than the 125% required by everyone else).

Below I have provided an excerpt from the I-864 information: (Form I-864 Instructions (Rev. 10/18/07) Page 6 - [bottom right side column] 20. Military Service.)

20. Military Service.

Check "yes" if you are the petitioning sponsor and on active duty in the U.S. Army, Navy, Air Force, Marines,or CoastGuard, other than for training. If you provide evidence thatyou are currently on active duty in the military and you arepetitioning for your spouse or minor child, you will need todemonstrate income at only 100 percent of the poverty level for your household size, instead of at 125 percent of the poverty level. (See Form I-864P for information on the poverty levels.) Check "no" if you are not on active duty in the U.S. military. This provision does not apply to joint and substitute sponsors.

Hope this response has been helpful.

Very Best Wishes,

~Bleauwolf

[Sweetcheeksss 91]

Your response has been EXTREMELY helpful, thank you so much Bleauwolf!

[Darnell 8,479]

In addition to what Bleuwolf mentioned - suggest you get some LES - Leave and Earnings Statements -

The LAST ONE FOR DECEMBER 2009 shows his 'year to date' income, regardless of W-2 status.

Also include 3 or 4 of the most current LESs, as well.

Bundle those into the I-864, and include a letter of explanation about his income, referencing the DEC 2009 LES, and his W-2 income, explain the discrepancy and tax-exempt status.

Edited June 11, 2010 by Darnell

[Sweetcheeksss 91]

Lemme run this past you. My hubby called NVC and an operator there told him (after he explained about his earnings) that the only number they are truly interested in was from box 3 on his W-2 (social security wages) and that is what he should put on his affidavit.

Anyone heard of this before? Because that number is almost triple compared to his Box 1 earnings total.

[Sweetcheeksss 91]

Sorry - one more question.

We have been trying to follow LingChe_NVC_ShortCut as closely as we can but upon reading the Time Savers for NVC, specifically Jame's thread, it mentions my hubby should include a Authorization for Release of Federal Tax Data sheet. I do not see that mentioned in Ling Che's shortcut...

Do we include this in our I-864 package?

Thanks for any info....

Edited June 11, 2010 by Sweetcheeksss

[Darnell 8,479]

Authorization for Release of Federal Tax Data - I've not seen this in the newer I-864 instructions - so I must think this info in James' shortcuts must be outdated.

[JimVaPhuong 4,863]

Lemme run this past you. My hubby called NVC and an operator there told him (after he explained about his earnings) that the only number they are truly interested in was from box 3 on his W-2 (social security wages) and that is what he should put on his affidavit.

Anyone heard of this before? Because that number is almost triple compared to his Box 1 earnings total.

If that's true, then they are limiting the amount of income they will consider at about $106K per year. That's the current Social Security withholding cap. Someone who earned $200K during the year would show $200K in box 1, but $106K in box 3. Granted, they would still be eligible to sponsor a small army of immigrants (household size of about 27!), but it still seems odd that they would choose that number. It would also leave me wondering what they do for someone who is self-employed, and doesn't receive any W2's.

I'm not familiar with how military pay works when you're deployed, but is the additional pay subject to Social Security tax withholding and NOT subject to federal income tax? If so, then that would explain the discrepancy between the numbers. Maybe the NVC customer service person meant that they use box 3 for military personnel.