I-864 (2009 & 2010)

[Black Velvet 4]

I have a question about the I-864. Husband (US citizen) is filing AOS for wife. He requested tax transcripts for the last 3 years. Here's the break down-

2008- No record of return filed

2009- $15,296 (Adjusted gross income)

2010- $22,305 (Adjusted gross income)

Will the USCIS base the income requirement on 2010 or the last 3 years? Does he need a co-sponsor? It is just a family of two (husband and wife). He is currently active duty in the Army Reserves.

[CC90 90]

There is no easy answer to this one.

This form puts a lot of discretion on the part of the adjudicating officer given the truely infinite number of differing circumstances; you have to convince them that you do--and will continue to--meet the amount they want you to meet.

We don't know how many people he listed he is supporting for the purposes of the I-864, but if the numbers are shaky and inconsistent, it would be best to list some assets, employment letter, etc. to convince the IO that the target will consistently be met.

[Harpa Timsah 13,258]

They typically go off of current income, shown in the "current income" box on the form, though there is some discretion. He will need a letter from his employer etc to show poof of current income to qualify based on that. You will need to show that he was not required to file 2008 taxes. if he was required, then he needs to file the back taxes.

[VanessaTony 3,567]

Easy answer. 2010 taxes are considered BUT current income is most important. The reason for including the last 3 years taxes (tax return/transcript is only required for the most recent tax year but the income amount from the tax returns is required for the last three years) is not to show consistency of income, but to show that you are properly filing taxes (a requirement of a USC).

If you weren't required to file taxes for 2008 then you will need to send a letter explaining why you weren't required to file taxes.

Based on the 2010 return he is fine for a 2 person household (level is $18,387 for 2 person household) but he will need a letter from his employer, and pay stubs, to prove CURRENT income. My husbands employer letter said words to the effect of "works 40 hours a week, at $10 an hour" (more money than that but you get the idea). Based on that you can calculate annual income to write in the income box. So that's $400 a week, 52 weeks in a year so annual income of: $20,800 so that is the amount i would write in the "current income" box.

If he's still earning what he earnt in 2010 then you won't need a co-sponsor.

.

Edited August 23, 2011 by Vanessa&Tony

[CC90 90]

Easy answer. 2010 taxes are considered BUT current income is most important. The reason for including the last 3 years taxes (tax return/transcript is only required for the most recent tax year but the income amount from the tax returns is required for the last three years) is not to show consistency of income, but to show that you are properly filing taxes (a requirement of a USC).

This isn't completely true. While they are interested in the USC's ability to file, there is an ample amount of discretion depending on the circumstances. The past 2 of 3 tax years can be material or immaterial depending on the way USC makes money. For instance, you cannot get an employer letter or pay stubs if you're self-employed freelance or a professional investor; therefore, your previous years' tax returns and the consistency/inconsistency thereof (especially on your Schedule C and E) will matter greatly in adjudication. Having an extention for the current year can also complicate things. So, in those cases, too, the amount of cash the 2nd and 3rd year can be material.

The OP didn't give enough facts, so it can be difficult to give an "easy answer". There is no one-size-fits-all answer for the 864's because of the possibility of many different types of situations. Your answer may not be valid for the OP depending on how the husband in question makes his income.

Edited August 23, 2011 by CC90