I-864 question: joint sponsor's income?

[Anonymous Guy 3]

My wife and I concurrently filed the I-130 and I-485. I had a joint sponsor since my wife and I are unemployed. My joint sponsor is married and filed the income tax jointly with her husband. Their most recent year's income tax returns were $110,000.00 (as shown on a copy of Form 1099-MISC). I guess Form 1099-MISC is same as income tax return form. My joint sponsor just guessed and wrote "$23,500.00" under her individual income section in the I-864 form.

Now the problem is that USCIS says that my joint sponsor's income did not meet 125% of Federal Poverty Line for the joint sponsor's household size, which is 3 people.

Can my joint sponsor just fill out another Form I-864 and simply add an increased amount of "individual income" since her combined income with her husband was $110,000.00?

[KayDeeCee 4,895]

My wife and I concurrently filed the I-130 and I-485. I had a joint sponsor since my wife and I are unemployed. My joint sponsor is married and filed the income tax jointly with her husband. Their most recent year's income tax returns were $110,000.00 (as shown on a copy of Form 1099-MISC). I guess Form 1099-MISC is same as income tax return form. My joint sponsor just guessed and wrote "$23,500.00" under her individual income section in the I-864 form.

Now the problem is that USCIS says that my joint sponsor's income did not meet 125% of Federal Poverty Line for the joint sponsor's household size, which is 3 people.

Can my joint sponsor just fill out another Form I-864 and simply add an increased amount of "individual income" since her combined income with her husband was $110,000.00?

A 1099 is not an income tax return form. It is similar to a W-2 that lists how much income you made from a certain source. They are typically given out for those that are independent contractors, though there are many different types. A 1099-MISC is for miscellaneous income. Is she self-employed? She should not need to guess how much she makes. She should know, and it should be documented. For those self-employed, they will use line 22 of their most recent 1040 tax return form to see if they meet the requirement. She needs to provide a complete copy of her tax return including all forms, schedules, W-2s and 1099s.

She can fill out an I-864 and have her husband fill out an I-864A to combine his income with hers to meet the requirement. They filed jointly, but there should be documents that show each of their individual incomes as well.

Read through the I-864 and I-864A instructions for more information and details about the requirements and what is needed from each sponsor and household member used.

[reese1 68]

If her income is combined with her husband then she will need to fill out for I-864 and her husband will need to fill out I-864a as her income is not sufficient without her husbands.

Edited November 11, 2012 by reese1

[Darnell 8,479]

what 'family based visa' are you adjusting from ?