I864 question

[chance3349 0]

Hi Dear Forum Member,

Here is my situation:

I am an immigrant on F1 visa. I married a US citizen on December of 2010. Right now both of us have been living with my in-laws until we stand on our feet financially.

My father-in-law is willing to sponsor me and he makes enough to support me. In the house there are 4 members: My in-laws, myself and my wife who is a US citizen.

My question is: 1. What form should my father-in-law use to sponsor me? Is it I864 or I864-a?

2. Does my wife also need to fill out I864? I am assuming in that case my wife will fill out I864 and my father-in-law will fill out I-864-a right?

Please help me with this whoever can.

I would really appreciate it.

Thanks.

[amykathleen2005 441]

Correct!

[Haarp425 26]

My question is:

1. What form should my father-in-law use to sponsor me? I864-a

2. Does my wife also need to fill out I864? I am assuming in that case my wife will fill out I864 and my father-in-law will fill out I-864-a right? Yes.

On your wife I-864, Part 3. #8 put check on box "I am sponsoring the principal immigrant named in Part 2 above". Put a check mark on box for "Yes".

[chance3349 0]

On your wife I-864, Part 3. #8 put check on box "I am sponsoring the principal immigrant named in Part 2 above". Put a check mark on box for "Yes".

Thank you very much for your reply. I have a couple of questions:

My wife was a dependant until this year when she turned 26. This year (2010) both of us filed joint tax return. My question is:

1. In my wife's I864, under "Part 4. Information on the Sponsor" and "Part 6. Sponsor's income and employment", I put my wife's information right?

2. For my wife's I864, for the "Part 25. Federal income tax return information". Can we put the joint tax return that we filed together for 2010?

I would really appreciate your help.

[Haarp425 26]

Thank you very much for your reply. I have a couple of questions:

My wife was a dependant until this year when she turned 26. This year (2010) both of us filed joint tax return. My question is:

1. In my wife's I864, under "Part 4. Information on the Sponsor" and "Part 6. Sponsor's income and employment", I put my wife's information right? YES

2. For my wife's I864, for the "Part 25. Federal income tax return information". Can we put the joint tax return that we filed together for 2010? YES

I would really appreciate your help.

[chance3349 0]

HAARP thanks a lot for your prompt replies. I really appreciate it.

[chance3349 0]

Hi HAARP,

Here is a small background reminder about me: I am an F1 visa student who got married to USC wife on December 2010. I have filed last three years taxes but since my wife was dependent until last year, she has not filed any tax returns until this year when we filed jointly.

So, I have one more question regarding question 2 from my previous post:

Me and my wife filed a joint tax return 2010 for the FIRST time. So, we cannot put the tax information for the last THREE years. In that case in my wife's I864, "Part 25. Federal income tax return information" where it says: I have filed a Federal tax return for each of the three most recent tax years doesn't hold true. So, I cannot check mark on that and cannot fill "Tax year" and "Total Income" column for second and third year taxes.

What should I do in this case? Is it ok if we JUST mention our most recent 2010 joint tax return and leave 2nd and 3rd year taxes blank?

Please help. I would greatly appreciate it.

[Haarp425 26]

Hi HAARP,

Here is a small background reminder about me: I am an F1 visa student who got married to USC wife on December 2010. I have filed last three years taxes but since my wife was dependent until last year, she has not filed any tax returns until this year when we filed jointly.

So, I have one more question regarding question 2 from my previous post:

Me and my wife filed a joint tax return 2010 for the FIRST time. So, we cannot put the tax information for the last THREE years. In that case in my wife's I864, "Part 25. Federal income tax return information" where it says: I have filed a Federal tax return for each of the three most recent tax years doesn't hold true. So, I cannot check mark on that and cannot fill "Tax year" and "Total Income" column for second and third year taxes.

What should I do in this case? Is it ok if we JUST mention our most recent 2010 joint tax return and leave 2nd and 3rd year taxes blank?

Please help. I would greatly appreciate it.

According to I-864 checklist guidelines, 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.

So, in addition to attaching a written explanation why your wife do not have to file a tax return, print the a copy of the IRS publication 929 (dependents) for the tax year 2009 and 2008. I would suggest to print the Table 1 and mark applicable boxes.

http://www.irs.gov/pub/irs-prior/p929--2009.pdf

http://www.irs.gov/pub/irs-prior/p929--2008.pdf

Edited April 19, 2011 by Haarp425

[chance3349 0]

Thank you for your information HAARP, I will go over the guidelines.

[Anh map 2,098]

Being a dependent is not a reason to file/not file a tax return. If your wife's income was below the filing threshold $$ that would be an acceptable reason.

Only your wife's income is listed on line 23 of the I-864.

If you have any income then it would go on line 24b. In that case you would complete an I-864A as well.

If your wife's current annualized income (or your combined current annualized income) meets the requirement ($18,387) then a joint sponsor is not needed.

[chance3349 0]

Being a dependent is not a reason to file/not file a tax return. If your wife's income was below the filing threshold $$ that would be an acceptable reason.

Only your wife's income is listed on line 23 of the I-864.

If you have any income then it would go on line 24b. In that case you would complete an I-864A as well.

If your wife's current annualized income (or your combined current annualized income) meets the requirement ($18,387) then a joint sponsor is not needed.

Our combined income doesn't meet that requirement, so my father-in-law will be sponsoring us. So, I put his name in line 24b and he will also will fill up I864a.

I asked my mother-in-law today and she said that my wife's income was included in their tax returns until she was 25 and this is the first year that she became independent and also got married with me. Thus, this year we filed joint tax return for both of us. My wife haven't made enough $$ before we got married. I am really confused what to include in line 25 of my wife's I-864. The only tax return with my wife's name is the joint return we filed together this year.