urgent! I-864 or I-864EZ if husband sponsors wife?

[Frenchican 13]

Hello

if household is completed by USC husband & non-USC wife. is it I-864+I-864A or I-864EZ+I-864A?

(household of 2 => requires 19,000ish // According to my USC husband's tax return, his gross profit was 22,000,and I thought we were ok, but checking in detail taxable, after non taxable expenses, his income becomes 16,000! Dammit! So I will add my tax returns (working with EAD as F1 on OPT) and complete the required amount)

I understand non-US Spouse uses I-864A (contract between sponsor and household member) but does USC spouse fills I-864 or I-864EZ?

It is confusing because eligibility for EZ is if you meet all criteria below:

1- you are the one filing I-130 for relative ---> YES

2- the relative you are sponsoring is the only one in I-130 --> YES (no dependents)

3- The income used to qualify is entirely based on your salary. --> Technically since I-864A is not a joint sponsor affidavit, but an addition to I-864, So IS he indeed applying entirely with his salary?

Do I submit all my Tax returns with I-864A?

thank you!

Edited August 17, 2012 by Frenchican Flo

[Malagasy 4]

First, carefully read page 2 What If I Cannot Meet the Requirements on the I-864 instructions.

As the spouse your income can be included on the same I-864.

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.

The USC's income goes in box 22 and your income information goes in 24b.

You, the intending immigrant will need provide proof your income will continue from the same source after you become a permanent resident so you will want to obtain a letter from your employer, have recent pay stubs, and copies of your taxes or tax transcripts.

[Frenchican 13]

First, carefully read page 2 What If I Cannot Meet the Requirements on the I-864 instructions.

As the spouse your income can be included on the same I-864.

thanks for your answer

Do you mean, that as wife I don't file the I-864A contract between sponsor & household?

You, the intending immigrant will need provide proof your income will continue from the same source after you become a permanent resident so you will want to obtain a letter from your employer, have recent pay stubs, and copies of your taxes or tax transcripts.

OK, Yes, I have 2010, 2010, 2011 tax returns, Pay stubs for 2012 + Job offer for 2013

[Malagasy 4]

What do you mean a job offer for 2013? To be able to use your income on the I-864 then you need to continue working at the same company you are presently working. The I-864 instructions state, " it (your income) must continue from the same source after he or she becomes a lawful permanent resident."

[Malagasy 4]

If your income can be used based on the I-864 requirements, then you will not complete a I-864A.

Your husband's income information will go in 22 and your income information goes in 24 on the same I-864 form.

If your income will not continue from the same source (company)after immigration then your income can not be used.

[Frenchican 13]

If your income can be used based on the I-864 requirements, then you will not complete a I-864A.

Your husband's income information will go in 22 and your income information goes in 24 on the same I-864 form.

If your income will not continue from the same source (company)after immigration then your income can not be used.

By job offer I mean the same place. I teach at a university and they give us one offer per academic year, so, it is the same source

Ok, so that mean I do not need the I-864A form.

another question, for line 22 income

is this the Adjusted Gross Income from tax return (14,000)? or Gross Income (22,000)?

thanks in advance for any response!

[Malagasy 4]

Ohhh.... ok, now I understand about the offer letter

Did you and your husband file a 1040 or a 1040EZ?

Edited August 17, 2012 by Malagasy

[Malagasy 4]

A link to the I-864 stuff http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b70f8875d714d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190aRCRD.

You really need to read and then re-read the I-864 instructions.

[Malagasy 4]

Whoops, meant to copy this from the I-864 instructions.

For purposes of this affidavit, the line for gross (total) income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ, the line for adjusted gross income will be considered.

[Frenchican 13]

thank you very much Malagasy

ok, it's getting clearer,

my husband filled the first draft of this since it was his income and we thought he met the required, but I took it over now that I am adding mine and it got very confusing, I read the instructions but they don't get clear until after the 4th reading plus I don't understand anything about the tax forms either, automatic system at school has done it for me the last 3 years

but I think I get it!

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. <<<---- YES

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. <<--- NO CHILDREN = NO FORM

[Ryan H 3,834]

Moved from IR-1/CR-1 Process & Procedures to Bringing Family Members of US Citizens to America; topic is not a spousal visa process topic.