I-864 IRS Return Question?

[aayitrun 66]

on the form i-864 q25 it asks for federal income tax return reported income. here is the situation

in year 2011 my wife (usc) had no income and i (h-1b) had all the income. we were married in 2011 so we filed joint. so when it asks for total income in the three most recent years is it just the sponsors? or just the total income on the return?

the exact question is

My total income (adjusted gross income on IRS Form 1040EZ) as reported on my Federal tax returns for the most recent three years was:

tax year total income

2011 (most recent) ???

2009 (2nd most recent) 0

...

since this is from the sponsors perspective, what does "my total income" stand for in year 2011?

Edited April 11, 2012 by aayitrun

[Julie and Soufien 0]

on the form i-864 q25 it asks for federal income tax return reported income. here is the situation

in year 2011 my wife (usc) had no income and i (h-1b) had all the income. we were married in 2011 so we filed joint. so when it asks for total income in the three most recent years is it just the sponsors? or just the total income on the return?

the exact question is

My total income (adjusted gross income on IRS Form 1040EZ) as reported on my Federal tax returns for the most recent three years was:

tax year total income

2011 (most recent) ???

2009 (2nd most recent) 0

...

since this is from the sponsors perspective, what does "my total income" stand for in year 2011?

[Julie and Soufien 0]

Hello,

On the I-864 form because your wife is a USC that means she files taxs so it would be from her income. For the last two years

If you filed together this year that would mean both your income. That would mean both your income for 2011 unless she is still not working than it would be all yours....

I hope this helps you

Good luck and God bless

[kcoyclay1 98]

Most recent three years are 2011, 2010 & 2009. However, as the 2011 tax year hasn't closed as yet you may use 2010 as the most recent if submitted prior to April 17 - last day to file taxes- if it is unfiled. If the sponsor did not file taxes in any of these years, put the year and zero in amount. Do not skip years. It means that a joint or household sponsor is needed and that individual MUST have filed the last three years of taxes. No zero income can be reported for that individual.

Edited April 11, 2012 by kcoyclay1

[kcoyclay1 98]

I believe her income would be zero, but your income would suffice for the total household income.

[kcoyclay1 98]

Please update your timeline. We do not know if you were married in the year she was unemployed and you were H-1B. The more information you supply, the more accurate the responses will be.

Edited April 11, 2012 by kcoyclay1

[aayitrun 66]

I believe her income would be zero, but your income would suffice for the total household income.

i'll go make a time line. in the meantime

for 2011 we have filed joint and already got our return. i dont need a joint sponsor because my income (the intending immigrant) can be counted since its lawful and i have a letter from employer stating full time status.

let me see if i can articulate my question better.

for the year 2011 her contribution to the joint return was 0. my contribution was xxxxx. now the form is to be filled by the sponsor (her).

the question uses the word "my" in the "my total income".

so for 2011, should her total income be 0? since she didnt really earn anything, or should it be our joint income since we filed taxes together? we got married in october, but irs allows joint filing for the whole year.

for 2010 and 2009, her total income would show 0, but as i said above we are demonstrating my income for the last three years which is well above the 125% mark.

[kcoyclay1 98]

I dont think you can sponsor yourself just because your wife has no income to cover the tax years. This was prior to your marriage. Your income can be included only as household income with the criteria being you have been living together for at least 6 months and listed as her dependent. You cannot use it as household income for previous tax years because you were not married to her. You cannot be a co-sponsor because only citizens and PRs can co-sponsor. In essence, you are trying to use your prior years income to sponsor yourself and you cannot do that. I think you need a sponsor.

Edited April 11, 2012 by kcoyclay1

[kcoyclay1 98]

Check out the questions on this website. I don't know when it was dated or if the criteria has changed. I found these questions on the website:

http://www.hooyou.com/familybased/faq.html

Question: I am unemployed and have no income, but my wifes income exceeds the federal poverty line. Can my wife sponsor herself?

Answer: No. But your wifes income can be included as your household income if she has been living with you for the last 6 months. Household income includes those living with the sponsor for the last 6 month if they are related to the sponsor by birth, marriage, or adoption, and persons listed as dependents on tax return

Question: Who may be a co-sponsor?

Answer: Basically to be a co-sponsor, a person must be a U.S. citizen or permanent resident, 18 years of age or older, and must fulfill the domicile requirement, the affidavit requirement, and the income requirement

Edited April 11, 2012 by kcoyclay1

[kcoyclay1 98]

This is from the USCIS website: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=720b0a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=720b0a5659083210VgnVCM100000082ca60aRCRD

What is an Affidavit of Support?

An affidavit of support is a document an individual signs to accept financial responsibility for another person, usually a relative, who is coming to the United States to live permanently. The person who signs the affidavit of support becomes the sponsor of the relative (or other individual) coming to live in the United States. The sponsor is usually the petitioner of an immigrant petition for a family member.

An affidavit of support is legally enforceable; the sponsor's responsibility usually lasts until the family member or other individual either becomes a U.S. citizen, or can be credited with 40 quarters of work (usually 10 years).

The law concerning affidavits of support is found in Immigration and Nationality Act (INA) sections 212(a)(4) and 213A. The provisions are codified in Title 8 of the Code of Federal Regulations (CFR) at 8 CFR 213a

[aayitrun 66]

i dont know how dated that information is, but it is wrong.

What If I Cannot Meet
the Income Requirements?
Income from the intending immigrant, if that income will
continue from the same source after immigration, and if the
intending immigrant is currently living in your residence. If
the intending immigrant is your spouse, his or her income
can be counted regardless of current residence, but it must
continue from the same source after he or she becomes a
lawful permanent resident.

this was picked from the i864 instructions. as was the following

Can the Intending Immigrant Help
Me Meet the Income Requirements?
If certain conditions are met, the intending immigrant's
income can help you meet the income requirement. If the
intending immigrant is your spouse, his or her income can be
included if it will continue from the same source after he or
she obtains lawful permanent resident status. If the intending
immigrant is another relative, there are two requirements.
First, the income must be continuing from the same source
after he or she obtains lawful permanent resident status, and
second, the intending immigrant must currently live with you
in your residence. Evidence must be provided to support both
requirements.
However, an intending immigrant whose income is being used to meet the income requirement does not need to complete Form I-864A, Contract Between Sponsor and Household Member, unless the intending immigrant has a spouse and/or children immigrating with him or her. In this instance, the contract relates to support for the spouse and/or children.

i believe what you are referring to is a fiance visa aos applicant who currently has no lawful job in the US or has a job overseas which clearly will not continue after LPR status. My wife can include my income since it is lawful employment in the us and i am providing a letter from my employer stating that it is a full time job which is the standard used to demonstrate continuity of income.

tl;dr version: i am not sponsoring myself. my wife is still sponsoring me, but she is including my income in the total income as is allowed by the i864.

Edited April 11, 2012 by aayitrun

[kcoyclay1 98]

What about the previous years? I'm aware of the current and future years; however, the requirement for sponsoring someone is based on the current and previous tax records. While you are qualified for household income, I don't think you are qualified to solely sponsor yourself for the previous tax years. They need the affidavit of support from someone other than the beneficiary to support you and give their word that you will not become a ward of the state.

Double check and make sure. I had also attached information from the USCIS website which states that it has to be someone other than the beneficiary.

[kcoyclay1 98]

I know your wife is the principal sponsor; however she needs a co-sponsor who has filed the last 3 years of taxes because she had no income for two years. You cannot use your income, because it would mean that you are her co-sponsor for those years -prior to your marriage- and while you are allowed to use your current income for the past six months, you cannot use income prior to marriage; only citizens and legal residents are allowed that privilege. Even though you had legal income and filed taxes for those years, you are unqualified because, in essence, you cannot use that as household income -you were not a PR. Your income can only be used from present to future.

Edited April 12, 2012 by kcoyclay1

[kcoyclay1 98]

Note that the information that Julie gave concerning you using all your salary as household income was meant for 2011 only.

[aayitrun 66]

where are you getting this 3 year history requirement from? even the form says its optional and that u are required to submit return transcripts only if u were required to file. otherwise u can submit a letter saying why u were not required to file. from many places on the internet including attorney answers from some sites, its perfectly valid to count intending immigrants income and use that to prove current income, which is what is compared against poverty line. not the past income. just current is compared as long as there is evidence of continued income which i have the letter for.

also it seems that the answer to my question is that we write combined income on the latest since it was a joint return and they want the AGI exactly as appeared on the 1040. they will use the w2 to figure out where the income came from and whether it was legal, which in my case it is because h-1b status.