Question on I-864, Part 6 Question 25

[Zenda 0]

Hello fellow VJers,

Our K-1 visa AOS package is complete aside from a birth certificate translation (expected later this week) and a question regarding the I-864 form, Part 6, Question 25 and my Federal income tax return information.

The question asks for gross income for the three most recent years, so I plan to include information from my 2009, 2008 and 2007 returns.

My concern is for 2007. I filed for divorce in 2007 (granted 2008) and filed my 2007 tax return jointly with my former wife. Therefore, I have a 1040A for 2007 that shows an income for the two of us combined and a W-2 for 2007 showing only my income.

In the "2007" income column, should I put in my (our) income as listed on the 1040A, or my own personal income as listed on my W-2? Both numbers exceed the poverty guideline, so that isn't a concern; my personal income for 2007 would be sufficient to meet the requirement. I'd feel more comfortable and honest just putting in my W-2 value, so it doesn't look like I'm trying to use my ex-wife's income as a factor in the AOS application, but I couldn't see my situation addressed in the I-864 instructions.

I've read through the posts on the forum (and found some good information here) but since these posts were similar to (but not the same as) my situation, I thought I would ask for clarification.

Thank you for any responses,

Zenda

[Barbara J 115]

Hello fellow VJers,

Our K-1 visa AOS package is complete aside from a birth certificate translation (expected later this week) and a question regarding the I-864 form, Part 6, Question 25 and my Federal income tax return information.

The question asks for gross income for the three most recent years, so I plan to include information from my 2009, 2008 and 2007 returns.

My concern is for 2007. I filed for divorce in 2007 (granted 2008) and filed my 2007 tax return jointly with my former wife. Therefore, I have a 1040A for 2007 that shows an income for the two of us combined and a W-2 for 2007 showing only my income.

In the "2007" income column, should I put in my (our) income as listed on the 1040A, or my own personal income as listed on my W-2? Both numbers exceed the poverty guideline, so that isn't a concern; my personal income for 2007 would be sufficient to meet the requirement. I'd feel more comfortable and honest just putting in my W-2 value, so it doesn't look like I'm trying to use my ex-wife's income as a factor in the AOS application, but I couldn't see my situation addressed in the I-864 instructions.

I've read through the posts on the forum (and found some good information here) but since these posts were similar to (but not the same as) my situation, I thought I would ask for clarification.

Thank you for any responses,

Zenda

We just did ours too but did not do 3 years worth just last year as it was optional. I personally would put your income as on W2 and as you said you are over the poverty line so should not be a deal breaker

[VanessaTony 3,567]

You would put YOUR tax information only on the paperwork. You can include the joint return but only your information is relevant.

While including the actual returns for the previous second and third year is optional, I don't think that writing their info on the forms is optional... In either event only your previous years return income needs to be above the 125%.