I-864 (not required to file tax)

[Tuanv 2]

Hello everyone,

I am trying to meet the guideline for adjustment of support. Do I need to fill out both I-864 and I-864A if my parents are helping me with joint support. Also, do I need to use a specific IRS form to explain why I did not file tax for the last three years (I was in school, so I did not make over $4000) or a normal written explanation is fine?

This is from the USCIS site: If you did not have to file a tax return, attach a written explanation and a copy of the instructions from the IRS publication that shows you were not obligated to file. For general information on income tax obligations, visit the IRS website.

Edited July 15, 2010 by Tuanv

[TOM&Riz 4]

Hello everyone,

I am trying to meet the guideline for adjustment of support. Do I need to fill out both I-864 and I-864A if my parents are helping me with joint support. Also, do I need to use a specific IRS form to explain why I did not file tax for the last three years (I was in school, so I did not make over $4000) or a normal written explanation is fine?

This is from the USCIS site: If you did not have to file a tax return, attach a written explanation and a copy of the instructions from the IRS publication that shows you were not obligated to file. For general information on income tax obligations, visit the IRS website.

Hello Tuanv, you will fill out a I-864 as the princible sponsor reguardless of your income, if BOTH of your parents are co-sponsoring each with seperate incomes then your father will fill out a I-864 and your mother will fill out a I-864A, your mother will only need to fill out an I-864A if your fathers income is not enough to satisfy the 125% poverty limit for a family of three, (father,mother,wife) -

Note: Typical proof that a sponsor was not required to file a tax return for a particular year would consist of a written statement from the sponsor, signed under penalty of perjury, attesting to the amount of his or her income for the relevant year and to the fact that a tax return was not required by law. USCIS adjudicators handling Form I-864 issues should be aware of the income threshold for the requirement of filing a tax return for the last several years, so that an RFE for evidence of the law is not necessary. In particular, the Instruction booklets for each year’s Forms 1040, 1040A, and 1040EZ specify the income threshold below which a person is not required to file a return.

source: HQRPM 70/21.1.13 Chapter 20.5 of the Adjudicator’s Field Manual (AFM)

[Tuanv 2]

Tommy&Riza,

Thank for the comprehensive reply. My parents filed their on a joint return. Do they need to fill out both I-864 (father) and I-864A (mother), or just an I-684 or I-684A. I doubt I will the poverty guideline with my dad alone. He made $36,000 last year. My mother made $40,000.

By the way: CONGRATULATION ON YOUR OWN JOURNEY!

Edited July 15, 2010 by Tuanv

[Tuanv 2]

This link is incredibly helpful. http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&CH=afm in case anyone want to learn USCIS guideline.

[Anh map 2,098]

You complete an I-864 regardless of income level.

If the income from only one parent is needed then that parent will complete the I-864 using their income information only even though they filed a joint tax return. If both parents' income is needed one parent completes the I-864 and the other completes an I-864A again each using their own personal income information for the form.

Each parent needs to supply all the information required for the form even though they have the same income tax return. Also don't forget to have each parent include their proof of residency/citizenship.

Edited July 15, 2010 by Anh map

[Tuanv 2]

Anh map,

Thank for the reply. Should I use the I-864A instead of I-864 because they are living in the same principal address as me?

According to this site (http://www.americanlaw.com/affidavitrule2.html): To meet the 125 percent income requirement, a petitioner may count his/her income and assets and/and the income and assets of household members (as defined in Paras 20 and 25) in the same Affidavit of Support. As long as the household members are included in the same Affidavit of

Support and have signed Form I-864a (see Para 21), they are not considered joint sponsors.

[bobby_kvisa 7]

Tuanv - how did you get that link (Adjucator's Field Manual) - it is very interesting indeed. I see the word "I-Link Reference" but I cannot find any way to actually bring up the top level directory to see what other documents or manuals are available like this to the public.

[Tuanv 2]

bobby_kvisa,

Here is the link: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=a2e29c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=a2e29c7755cb9010VgnVCM10000045f3d6a1RCRD. I used google to search for it.

[Anh map 2,098]

If you and your parents are living in the same place then they can use the I-864A. You will complete the I-864.

[Tuanv 2]

Thank!

[Tuanv 2]

Should I count my brother as household member on my I-864 even though he is not sponsoring my wife (he lives with me)?

[Tuanv 2]

In case, anyone is wondering. The answer is no.

[RommelandApril 1]

Hmm, i read that Adjucators Field Manual and still confused a bit. As the sponsor, I can send a copy of my tax transcript for the recent year and I don't need to send copies of my income tax returns, is that correct? Well, let's make the question more simpler. Will the tax transcripts from the IRS more than enough to send to NVC with my I-864 without a copy of the recent year's copies of my income tax return?