I-864 help

[kebandre 0]

Hi guys, I'm filling out an I-864 for an AOS.

My wife is the US citizen, me (husband) is a Canadian citizen. We're married and I (husband) is in the US as an overstay entered the country as a tourist.

I have 3 questions:

1) In part 23, where it asks for individual annual income, is this gross or net (after taxes)? A portion of her income which pushes us above the poverty limit came from unemployment insurance (or whatever you call it in the US) from the state. Does this matter? I also had some income from Canada in 2011 that would put us well above that mark. Does my Canadian income matter?

2) In Part 3, #8 it states "I am sponsoring the principal immigrant in Part 2. (Yes/No)"

So that would I tick off there? Yes, because the wife is sponsoring the Canadian husband?

If yes, in Part 3 #10, then would I enter 1 for the "total number of immigrants you are sponsoring on this form in Part 3, Items 8 and 9"?

that takes me to Part 21a, "Enter the number you entered in line 10" which would be 1. In 21b, 1 is already selected and in 21c it asks "if you are currently married" to enter 1, which we are married.

21h asks to add all the items together in Part 3 and Part 21, which would give us a total of 3... but we are 2. Am I double counting something? What should I do?

3) Is it recommended that my wife provide copies of her last 3 tax returns or just the 1 as required? Also, where/how do we get copies of her tax return?

I appreciate any and all help and thank you so much for the wonderful service this site provides to us!

Edited November 27, 2012 by kebandre

[Cathi 5,754]

your income from Canada cannot be used.

Edited November 27, 2012 by mimolicious

[KayDeeCee 4,893]

Hi guys, I'm filling out an I-864 for an AOS.

My wife is the US citizen, me (husband) is a Canadian citizen.

I have 3 questions:

1) In part 23, where it asks for individual annual income, is this gross or net (after taxes)? A portion of her income which pushes us above the poverty limit came from unemployment insurance (or whatever you call it in the US) from the state. Does this matter? I also had some income from Canada in 2011 that would put us well above that mark. Does my Canadian income matter?

Is she currently employed? Current income is what matters. What is she earning currently and is she self-employed or not? Unemployment is temporary and will most likely not be accepted as income meeting the requirement. Your income last year in Canada also does not count.

2) In Part 3, #8 it states "I am sponsoring the principal immigrant in Part 2. (Yes/No)"

So that would I tick off there? Yes, because the wife is sponsoring the Canadian husband?

Yes.

If yes, in Part 3 #10, then would I enter 1 for the "total number of immigrants you are sponsoring on this form in Part 3, Items 8 and 9"?

Yes.

that takes me to Part 21a, "Enter the number you entered in line 10" which would be 1. In 21b, 1 is already selected and in 21c it asks "if you are currently married" to enter 1, which we are married.

21h asks to add all the items together in Part 3 and Part 21, which would give us a total of 3... but we are 2. Am I double counting something? What should I do?

It also states clearly not to count anyone twice. 21a states 'Persons you are sponsoring in this affidavit'. After that is states, 'Persons NOT sponsored in this affidavit' She enters 1 for 21a, which is you, and 1 for 21b which is herself. All the rest would be 0. Please see the example form: http://www.visajourney.com/examples/INS-Form-I-864.pdf

3) Is it recommended that my wife provide copies of her last 3 tax returns or just the 1 as required? Also, where/how do we get copies of her tax return?

She must list the amounts from the last 3 years on #25, but it is only required to provide a copy the most recent year. You can get free tax return transcripts from the IRS: http://www.irs.gov/Individuals/Order-a-Transcript

I appreciate any and all help and thank you so much for the wonderful service this site provides to us!

Edited November 27, 2012 by Jay-Kay

[aaron2020 11,651]

Hi guys, I'm filling out an I-864 for an AOS.

My wife is the US citizen, me (husband) is a Canadian citizen. We're married and I (husband) is in the US as an overstay entered the country as a tourist.

I have 3 questions:

1) In part 23, where it asks for individual annual income, is this gross or net (after taxes)? It's gross. The I-864 instructions tells you which line of the tax return to pull the number from. Follow the instructions for the correct tax form filed by your wife; 1040EZ or 1040-A or 1040. A portion of her income which pushes us above the poverty limit came from unemployment insurance (or whatever you call it in the US) from the state. Does this matter? Unemployment payments are temporary in nature, so it will not count. I also had some income from Canada in 2011 that would put us well above that mark. Does my Canadian income matter? It doesn't count because it is not income you can rely on in the future in the US.

2) In Part 3, #8 it states "I am sponsoring the principal immigrant in Part 2. (Yes/No)"

So that would I tick off there? Yes, because the wife is sponsoring the Canadian husband?

If yes, in Part 3 #10, then would I enter 1 for the "total number of immigrants you are sponsoring on this form in Part 3, Items 8 and 9"?

that takes me to Part 21a, "Enter the number you entered in line 10" which would be 1. In 21b, 1 is already selected and in 21c it asks "if you are currently married" to enter 1, which we are married.

21h asks to add all the items together in Part 3 and Part 21, which would give us a total of 3... but we are 2. Am I double counting something? What should I do?

You are counting yourself twice. You counted yourself as the intending immigrant and as the spouse. The I-864 instructions tells you to count any person only once. Your household total is 2.

3) Is it recommended that my wife provide copies of her last 3 tax returns or just the 1 as required? Also, where/how do we get copies of her tax return?

I appreciate any and all help and thank you so much for the wonderful service this site provides to us!

All taxpayers should have a record of their tax returns; it's vital for lots of things in life. If your wife did not keep copies of her tax returns, then she can contact the IRS for a free tax transcript. She needs the to send in the latest tax return (which is Year 2011 at this point). She does not need to send the ones in from prior years. However, she might as well order tax transcript for the last three years if she needs 2011.

[kebandre 0]

thanks for the help guys. As of now, she is working but obviously that doesn't reflect on her 2011 tax returns. She just came out of an internship and is beginning a normal paying job through that internship which should give us adequate income. How does this work as far as meeting/exceeding the poverty threshold?

Her mom on the other hand is more than capable of supporting us. So would it be recommended she file an affidavit of support for us anyways?

Edited December 18, 2012 by kebandre

[bigdog 376]

thanks for the help guys. As of now, she is working but obviously that doesn't reflect on her 2011 tax returns. She just came out of an internship and is beginning a normal paying job through that internship which should give us adequate income. How does this work as far as meeting/exceeding the poverty threshold?

Her mom on the other hand is more than capable of supporting us. So would it be recommended she file an affidavit of support for us anyways?

Just to cover yourself get the affidavit, if you don't need it so be it.

[KayDeeCee 4,893]

thanks for the help guys. As of now, she is working but obviously that doesn't reflect on her 2011 tax returns. She just came out of an internship and is beginning a normal paying job through that internship which should give us adequate income. How does this work as far as meeting/exceeding the poverty threshold?

Her mom on the other hand is more than capable of supporting us. So would it be recommended she file an affidavit of support for us anyways?

She will use her current annual income that she is earning from her job right now. She proves how much that is with a letter from employer and recent pay stub(s). Read through the I-864 instructions.

Since her job is so new, using her mom as a joint sponsor is advisable. Her mother will fill out her own separate I-864 and provide her most recent tax transcript, letter from employer and recent pay stub(s) as well. She will also need to include proof of being a USC or LPR.

[kebandre 0]

Just to cover yourself get the affidavit, if you don't need it so be it.

Thank you! This might be a dumb question but is the affidavit of support something we write up on our own or is the affidavit simply referring to the i864?

She will use her current annual income that she is earning from her job right now. She proves how much that is with a letter from employer and recent pay stub(s). Read through the I-864 instructions.

Since her job is so new, using her mom as a joint sponsor is advisable. Her mother will fill out her own separate I-864 and provide her most recent tax transcript, letter from employer and recent pay stub(s) as well. She will also need to include proof of being a USC or LPR.

Thanks for your help on this.

One last question about my wife's pay. Right now, at one of her jobs she isn't exactly an employee. They just pay her on a per work basis, kinda like being a sub contractor. Technically she gets a check, but not a stub with deductions and breakdowns and such. Should we just use a copy of the cheques(s) as proof? She just started her other job so her first pay check should be coming in in about 2-3weeks (strange pay schedule).

[KayDeeCee 4,893]

Thank you! This might be a dumb question but is the affidavit of support something we write up on our own or is the affidavit simply referring to the i864?

Thanks for your help on this.

One last question about my wife's pay. Right now, at one of her jobs she isn't exactly an employee. They just pay her on a per work basis, kinda like being a sub contractor. Technically she gets a check, but not a stub with deductions and breakdowns and such. Should we just use a copy of the cheques(s) as proof? She just started her other job so her first pay check should be coming in in about 2-3weeks (strange pay schedule).

The affidavit of support is the I-864 form.

Sounds like she is self-employed on her second job. It is hard to prove annual income for self-employed since they go by line 22 of your most recent 1040 tax form for that. If she is using her mother as a joint sponsor, it won't matter though.