I-864

[CB82 0]

http://www.uscis.gov/files/form/I-864P.pdf

New guidelines starting April 1st 2007

Does anyone know if someone is self-employed, can they combine their Federal tax Return and Personal Tax return to meet the poverty guidelines, as they earned money personally outside of the business. Or does the Federal return have to be over the poverty guidelines? Just checking as we do meet the guidelines but not sure what to declare on the form I-864, just the business or both the business and personal.

Thanks everyone.

[jaytal79 0]

i am self employed, so do you have any idea how i am supposed to file a w2 or a 1099, i didnt think i could file them, because im self employed and therefore, i cant submit them to the uscis for the i 864.

[Cherisenoir 0]

http://www.uscis.gov/files/form/I-864P.pdf

New guidelines starting April 1st 2007

Does anyone know if someone is self-employed, can they combine their Federal tax Return and Personal Tax return to meet the poverty guidelines, as they earned money personally outside of the business. Or does the Federal return have to be over the poverty guidelines? Just checking as we do meet the guidelines but not sure what to declare on the form I-864, just the business or both the business and personal.

Thanks everyone.

Personally, I'd declare everything. I sent ours in March and declared my W-2's as well as my 1099's. Just make sure to have your schedule c attached to everything. It amazes me though as for the k1 interview, the consulate had a hard time understanding my taxes and I was well over the poverty guidelines. They say they want what you made net and not gross income, but they're really looking for gross income in all actuality. I don't think it would look right, my putting $ -5000 as my earned income, don't you think? It's just so tricky how they ask for things. Hope this helps.

[Cherisenoir 0]

i am self employed, so do you have any idea how i am supposed to file a w2 or a 1099, i didnt think i could file them, because im self employed and therefore, i cant submit them to the uscis for the i 864.

Being self employed you would need to submit your income taxes with your schedule c attached to it to show your profit loss. With you being self employed though, I'd assume that you would have a 1099, although I could be wrong. Hope this helps.

[Cherisenoir 0]

I have a quick question, if the sponsor signed the form I-864 before 4/15/2007, then only the 2005 Federal income tax return is required? The sponsor don't have to wait for the 2006 Federal income tax return right?

I had the same question; so to be on the safe side I waited until my taxes were done for '06 and mailed them off in March being as we were already in the new calendar year. I think you may be alright though being as it's before the taxes due date. Good luck.

[Cherisenoir 0]

I have a quick question, if the sponsor signed the form I-864 before 4/15/2007, then only the 2005 Federal income tax return is required? The sponsor don't have to wait for the 2006 Federal income tax return right?

I had the same question; so to be on the safe side I waited until my taxes were done for '06 and mailed them off in March being as we were already in the new calendar year. I think you may be alright though being as it's before the taxes due date. Good luck.

Future advice to people...make sure to send as much supporting evidence as possible. We received an rfe yesterday for lack of evidence on the I-864. It states that my income is sufficient but lacks evidence of support. They now want a letter from my employer stating how much I make, the hours I work, date of employment, as well as if there are any chances for future advancement. They're also requesting my last six months of pay stubs. Here I thought that just my taxes would have been sufficient enough. Guess not.

[meauxna 15]

We received an rfe yesterday for lack of evidence on the I-864. It states that my income is sufficient but lacks evidence of support. They now want a letter from my employer stating how much I make, the hours I work, date of employment, as well as if there are any chances for future advancement. They're also requesting my last six months of pay stubs. Here I thought that just my taxes would have been sufficient enough. Guess not.

The instructions are abundantly clear:

Affidavit of Support Under Section 213A of the Act

Special Instructions :

All sponsors must submit the following documentation with their I-864:

Proof of current employment or self employment

A photocopy or an Internal Revenue Service-issued transcript of a photocopy or an Internal Revenue Service-issued transcript of your complete Federal income tax return for your most recent tax year, or an explanation if it is not submitted. Your W-2s and/or 1099 forms may also be required, see the I-864 instructions for details.

You may also, at your option, submit a photocopy or an Internal Revenue Service-issued transcript of your complete Federal income tax returns for your second and third most recent tax years if you believe these additional tax returns may help you establish the ability to maintain your household income at the governing threshold set forth in Form I-864P, Poverty Guidelines.

If you are using the income of persons in your household or dependents to qualify as a sponsor, you must also submit a separate Form I-864A, Contract Between Sponsor and Household Member, for each person whose income you will use.

[Robert and Tanya 0]

we've got a problem. My husband doesn't have any income for 2004 because he was going to school full time and his parents clamed him. So I called to the USCIS several times trying to find out what we sohuld do about it and should we have any prove of it. One persone said that yes, we needed to encolse his parents' tax returns for that year and a letter explaining everything. The second time I called, they told me that we don't need any returns from his parents just a letter with explanation. So we are kind of lost. It's the last thing that is holding us from sending the papers in. Maybe someone had this kind of situation and can help us, please. Thank you very much.

[Cherisenoir 0]

we've got a problem. My husband doesn't have any income for 2004 because he was going to school full time and his parents clamed him. So I called to the USCIS several times trying to find out what we sohuld do about it and should we have any prove of it. One persone said that yes, we needed to encolse his parents' tax returns for that year and a letter explaining everything. The second time I called, they told me that we don't need any returns from his parents just a letter with explanation. So we are kind of lost. It's the last thing that is holding us from sending the papers in. Maybe someone had this kind of situation and can help us, please. Thank you very much.

What paperwork are you applying for exactly? I know on the affidavit of support I-864, says that it's optional to include anything from 2004, just mainly the most recent year. I do hope you find your answer. Wish I could help you more.

[meauxna 15]

we've got a problem. My husband doesn't have any income for 2004 because he was going to school full time and his parents clamed him. So I called to the USCIS several times trying to find out what we sohuld do about it and should we have any prove of it. One persone said that yes, we needed to encolse his parents' tax returns for that year and a letter explaining everything. The second time I called, they told me that we don't need any returns from his parents just a letter with explanation. So we are kind of lost. It's the last thing that is holding us from sending the papers in. Maybe someone had this kind of situation and can help us, please. Thank you very much.

In place of the 2004 tax return, place a short letter of explanation, telling why he was not required to file an income tax return (insufficient income). The most important is your husband's current income (prove this with pay stubs & employment letter) and his last tax year's tax return (2006).

Don't call USCIS anymore! They don't give very good answers on the phone. But, our office in Portland is staffed by great people! Best wishes for completing your applications.

[Robert and Tanya 0]

Thank you for all your answers!!! I will file tomorrow!!!

[MsAM 2]

first of i am not sure if this is the right place for my question but here i goes anyway

my husband has been in prison until nov 2006 which means he didnt file any taxes for the past 3 years. now he does have a job that pays well above the poverty line which means he could easily support me but my question is:

will we still need a joint sponser for our application?

[JessiPooh 0]

Has anyone used the intending immigrant's income to qualify??? I will need to as I had 2 extra dependents on my taxes last year (only one time deal but I still have to count) so I am like $4,000 short.

I have our joint taxes that shows his income and I also got a letter from his employer saying that they are holding his job until he is able to return to work and it states his monthly take home pay. Do I need anything else?

Edited May 2, 2007 by JessiPooh

[Jashley820 0]

first of i am not sure if this is the right place for my question but here i goes anyway

my husband has been in prison until nov 2006 which means he didnt file any taxes for the past 3 years. now he does have a job that pays well above the poverty line which means he could easily support me but my question is:

will we still need a joint sponser for our application?

Has anyone used the intending immigrant's income to qualify??? I will need to as I had 2 extra dependents on my taxes last year (only one time deal but I still have to count) so I am like $4,000 short.

I have our joint taxes that shows his income and I also got a letter from his employer saying that they are holding his job until he is able to return to work and it states his monthly take home pay. Do I need anything else?

I think on the I-864 instructions it says that you can only use the intending immigrant's income if the source will continue during and after the Adjustment...not sure what your situation is, but a lot of people aren't eligible to work so using the intending immigrant's assets/income isn't possible.

I would recommend 1) reading the instructions carefully for the I-864 and 2) posting your question in the general forum because not a lot of people will respond to the pinned thread.

[JessiPooh 0]

OMG great! lol Thanks I will post in gen forum!