K-1 Spouse I-864 Income question

[Skye88 0]

Hello,

I haven't posted on here too much but when I have it's been incredibly helpful. I'm just about to file for my husband's AoS from his K-1 visa. I'm currently a full time college student and just recently got a part time job. Of course, I know since I've only just gotten the job that I can't use it for my i-864. I will have a joint sponsor. This is where my questions start.

My mother, who lives in the same house as me, has offered to be the sponsor. However, on her most recent tax return [last year] she made $26,000 annual. Now I was listed on her tax return as a dependent. So therefore I'm assuming that will count overall as 3 dependents: herself, me and my new husband. The poverty guide says she must make at least 23.2k. Now on her previous tax return she had two jobs. Full time earning $20,900 for one job, which she currently still has, and the part time which only netted $5500. She no longer has the part time job as of this year and is now full time at $10.00/hr at 40 hours a week at the other job. Also, I'm not going to be one of her dependents this year, taking the number down to 2: herself and my husband. She has a letter from her full time employer stating her position since '07 and instead of annual income she stated $10/hr on the letter.

My overall question, with all that information, will this suffice as being a joint sponsor? If she turns in the 2010 tax return stating $26 annual with both w-2 copies stating each job, would she then need a letter also for the part time? Will they consider that I am not a dependent any longer now that I'm married and no longer claimable? And is it all right for the employer letter to simply state $/hr instead of annual? I think her employer got confused on that section. Finally, the i-864 really confused me on the household member section. since we all live in the same house together does she have to file as a household member and does that make it more or less complicated?

Sorry for this wall of text. I just don't want to send in insufficient information and end up getting rejected or an RFE stating that this will be insufficient. I can rely on a different joint sponsor if necessary. I just need to make sure and I have looked for this information and found some people giving advice that certain annuals may be too close to borderline and rejected. Thanks so much in advance and sorry again for sounding so ignorant.

-Amber H.

[yachachiq12 43]

The first issue to tackle is that your mother should be filling out an I-864a since you share a household. That will change the outcome of your calculations as you will be part of her household equation. In general, they are going to be more concerned with current earning than past earning. You will put her annual income as the projected 2011 income based on the rate she is earning this year. Past earning through tax trascripts shows consistency and tax obligation fulfillment. Current earning shows present reality.

Your part time job might close the gap. Fill out the forms and see if it does. And remember that it would be current individual annual income, so take what you earn per month and multiply by 12 even though you aren't working 12 months this year.

Edited September 28, 2011 by yachachiq12

[Nich-Nick 3,354]

1. When you share a house with a family member, you can tack on their income to yours on line #24. Your current earnings (not last years tax return) + Mom's current earnings go into one big pot on your I-864. She does an I864A which is basically agreeing to let you use her earnings on your form and swear to also be responsible for the immigrant.

2. Another way to do it is each of you fill out your own I-864, but hers then would have to fully cover two people--herself + immigrant.

If she will not be claiming you as a dependant for 2011 tax year, then she doesn't have to list you. She is giving an oath when she signs that she has told the truth.

#1 way is probably easiest. Makes a bigger pot of money. Both will prove their income with documentation.

Employer letter: Does it also say the number of hours worked a week? If not, then there's no way to do the math to come up with a yearly salary. If it dos say $10/hr and 40 hr/wk, it should be fine. Does anybody have recent pay stubs to show current income since it's better than the 2010 taxes show? That's another way to show current income.

Edited September 28, 2011 by Nich-Nick

[Skye88 0]

1. When you share a house with a family member, you can tack on their income to yours on line #24. Your current earnings (not last years tax return) + Mom's current earnings go into one big pot on your I-864. She does an I864A which is basically agreeing to let you use her earnings on your form and swear to also be responsible for the immigrant.

2. Another way to do it is each of you fill out your own I-864, but hers then would have to fully cover two people--herself + immigrant.

If she will not be claiming you as a dependant for 2011 tax year, then she doesn't have to list you. She is giving an oath when she signs that she has told the truth.

#1 way is probably easiest. Makes a bigger pot of money. Both will prove their income with documentation.

Employer letter: Does it also say the number of hours worked a week? If not, then there's no way to do the math to come up with a yearly salary. If it dos say $10/hr and 40 hr/wk, it should be fine. Does anybody have recent pay stubs to show current income since it's better than the 2010 taxes show? That's another way to show current income.

Thank you both for the replies, and so fast.

I, unfortunately, have more questions. Okay, so if we take the route of household income, do they divide that pooled income by the amount of people offering their income? And what I mean by this is that if everyone in my household pools their income, lets say 3, not including my husband. Does the poverty limit have to be equal to 4 persons?

Next question, I've only just started this part time job this very month, right after we got married. I've only received one pay check and I'm currently unsure of my monthly hours. My income is $8/hr and I average about 8-10hrs a week. Because the seasonal holidays are coming up my hours may go up, but because I'm not sure then how should I go about finding out what my average monthly and therefore annual income would be? Also what documentation can I provide? Should I see if my employer will write out a letter for me stating my current status and their estimated monthly and, therefore, annual income?

Last question, I hope. Since household income is pooled together, my mother's fiance lives with us and he has an income for workman's comp/disability. He was injured at his job and is still actively employed but he is unable to work. I was concerned that this would not count because of how it is funded. Is this usable too or should we just leave this completely out of the equation?

Once again, thanks for the replies. I'm sorry if I'm making this complicated. I'm just a little stressed out and I like to have all my ducks in a row before I make a final decision. You've been very helpful so far. Thanks.

-Amber

[Skye88 0]

Thank you both for the replies, and so fast.

I, unfortunately, have more questions. Okay, so if we take the route of household income, do they divide that pooled income by the amount of people offering their income? And what I mean by this is that if everyone in my household pools their income, lets say 3, not including my husband. Does the poverty limit have to be equal to 4 persons?

Next question, I've only just started this part time job this very month, right after we got married. I've only received one pay check and I'm currently unsure of my monthly hours. My income is $8/hr and I average about 8-10hrs a week. Because the seasonal holidays are coming up my hours may go up, but because I'm not sure then how should I go about finding out what my average monthly and therefore annual income would be? Also what documentation can I provide? Should I see if my employer will write out a letter for me stating my current status and their estimated monthly and, therefore, annual income?

Last question, I hope. Since household income is pooled together, my mother's fiance lives with us and he has an income for workman's comp/disability. He was injured at his job and is still actively employed but he is unable to work. I was concerned that this would not count because of how it is funded. Is this usable too or should we just leave this completely out of the equation?

Once again, thanks for the replies. I'm sorry if I'm making this complicated. I'm just a little stressed out and I like to have all my ducks in a row before I make a final decision. You've been very helpful so far. Thanks.

-Amber

If you would disregard my previous message, I've found out some new information that will actually help me with my Sponsorship. Originally I wanted to ask my Grandparents to sponsor my husband and they were both willing. However, they had both retired last year and I assumed that Social Security Benefits weren't acceptable. However, I just recently read that they are acceptable forms of income for the sponsorship. Is that really the case? This is where I got my info:

http://www.msclaw.com/U_S_Immigration_Law/U_S_Green_Cards/Affidavit_of_Support.html

"Q: Can Social Security Benefits (not SSI) be considered as income?

A: Yes."

If so, with the two of them together, my grandmother as my joint sponsor and my grandfather as her household member to combine their income, what evidence do they need to provide? Do they simply need to provide their federal tax return, which they file jointly, along with their W-2s? Will they need any other documentation on their SS Benefits? I'm sorry about this long and obnoxious thread and about how complicated I've made this. The research can be so tedious and I've been going insane trying to make sure I do this correctly. Thanks again for your help.

-Amber

[Nich-Nick 3,354]

If you would disregard my previous message, I've found out some new information that will actually help me with my Sponsorship. Originally I wanted to ask my Grandparents to sponsor my husband and they were both willing. However, they had both retired last year and I assumed that Social Security Benefits weren't acceptable. However, I just recently read that they are acceptable forms of income for the sponsorship. Is that really the case?

Absolutely fine. If either get a pension from their work, that's also income.

If so, with the two of them together, my grandmother as my joint sponsor and my grandfather as her household member to combine their income, what evidence do they need to provide?

Do they simply need to provide their federal tax return, which they file jointly, along with their W-2s? Will they need any other documentation on their SS Benefits? -Amber

Yes, you understand the I-864 and I-864A. Yay!

Joint tax return will be required. You won't need this for some months if you haven't even filed yet. It goes in later than the petition. So if 2010 tax return is the most recent at that time, part of 2010 they may have worked and would have that part on a W2. And part of the year could have been SS and will be on form 1099R. In that case it would be tax return + W2s + 1099Rs. If the whole year was only SS, then they won't have W2s and will include the 1099Rs.

Tip: get them to order a free tax transcript from the IRS and then you don't have to worry about W2s or 1099Rs or copies of the tax return. A transcript covers it all.

At the end of every year, Social Security sends out a benefits statement telling what you will be getting starting in January. There are no monthly pay stubs. Use that benefits letter like an employer letter. If they started SS mid year, they would have a letter telling them their starting benefits. If you haven't had to submit your I-864 before December, send their new statements if they comes in time.

Both will need to prove their US citizenship--US passport or US birth certificate.

That should cover it.

There household size will be 3.

Edited September 29, 2011 by Nich-Nick

[Nich-Nick 3,354]

Sorry minor correction to above:

They will file form 1099-SSA with taxes. The 1099-R is what pensions are reported on. Social Security is on 1099-SSA.

Edited September 29, 2011 by Nich-Nick

[Skye88 0]

Absolutely fine. If either get a pension from their work, that's also income.

Yes, you understand the I-864 and I-864A. Yay!

Joint tax return will be required. You won't need this for some months if you haven't even filed yet. It goes in later than the petition. So if 2010 tax return is the most recent at that time, part of 2010 they may have worked and would have that part on a W2. And part of the year could have been SS and will be on form 1099R. In that case it would be tax return + W2s + 1099Rs. If the whole year was only SS, then they won't have W2s and will include the 1099Rs.

Tip: get them to order a free tax transcript from the IRS and then you don't have to worry about W2s or 1099Rs or copies of the tax return. A transcript covers it all.

At the end of every year, Social Security sends out a benefits statement telling what you will be getting starting in January. There are no monthly pay stubs. Use that benefits letter like an employer letter. If they started SS mid year, they would have a letter telling them their starting benefits. If you haven't had to submit your I-864 before December, send their new statements if they comes in time.

Both will need to prove their US citizenship--US passport or US birth certificate.

That should cover it.

There household size will be 3.

Thank you so very much Nich-Nick. You've really helped me out and I feel so much better about this. Everything should go pretty smoothly now. You've no idea how much I appreciate it. Thanks!

-Amber

[bigdog 376]

Looks like you are on the right path, just meet the income guidelines, good luck.

[Nich-Nick 3,354]

Thank you so very much Nich-Nick. You've really helped me out and I feel so much better about this. Everything should go pretty smoothly now. You've no idea how much I appreciate it. Thanks!

-Amber

I missed that you were already done with a K1. You said it, so my mistake. You will be doing the I-864 with the other things and not sending later. I was thinking you hadn't started the visa yet since your profile said N/A.

So get a photocopy of grandparents current Social Security statement/letter stating their monthly benefits. You'll be filing before their new one comes. If their SS covers 3 people, then they do not have to list assets---home, property, stocks, investments. That may make grandmother feel more comfortable completing the form. Assets are for when the income doesn't reach the mark.

Tax Return Transcripts over the phone: 800-908-9946, an automated system. They are mailed to the address on file, so if Grandma has moved since her last tax return the automated line won't work. Otherwise they only take about a week to arrive.

Tax Return Transcripts order online: http://www.irs.gov/individuals/article/0,,id=232168,00.html