I-864 Income requirements

[shennel 0]

Hey guys, I am having a bit of a problem and hope someone is able to help.

My husband is filling out the I-864 and his adjusted gross income on his 1040EZ is less than his individual annual income and less than the Poverty Guideline amount. Does that mean that we need a co sponsor?

I am so confused.

[Terry J 50]

If his current income is less than the Poverty Guideline amount then yes you would need a joint sponsor.

Even if your husband made less than the 125% of poverty guidelines for his family size based on 2013 tax returns and/or prior returns, but his income for 2014 would be above then no you don't need a joint sponsor. You just need to prove that the current income is above the required threshold by sending copies of pay stubs and an updated letter of employment.

You would still need to submit a copy of the most recent tax transcript(s) or a copy of the signed return with a copy of the W2.

Edited March 3, 2014 by Terry J

[shennel 0]

His current income on his W2 is more than the Poverty Guideline, but after filing his taxes his total adjusted income is less.

My current individual annual income is:

(See Instructions) $ 28 000

My total income (adjusted gross income on IRS Form 1040EZ) as reported on my Federal tax returns for the most recent 3 years was:

Assets from Form I-864A, line 12d for:

Tax Year Total Income

13.a 2013 (most recent) $ 18829

13.b 2012 (2nd most recent) $ 1850​8

13.c 2011 (3rd most recent) $ 4332

[Caryh 5,206]

His gross income is what matters (income you see on his W-2), not his adjusted gross income.

[shennel 0]

thanks for the help guys!

[shennel 0]

SO I m a bit confused...If gross income is what the process goes by, how come I received an RFE stating that my husbands income is insufficient? Did the income requirements change?

[KayDeeCee 4,893]

SO I m a bit confused...If gross income is what the process goes by, how come I received an RFE stating that my husbands income is insufficient? Did the income requirements change?

What did you list as the current annual income? How many in your household size? What did you send to prove his current income? What exactly does the RFE say?

[Caryh 5,206]

SO I m a bit confused...If gross income is what the process goes by, how come I received an RFE stating that my husbands income is insufficient? Did the income requirements change?

Income guidelines go up every April.

I agree with the questions previously asked, but would ask what is the source of income? Some benefits cannot be considered income.

[Nickrob187 0]

If your current income for 2014 is $40,000 and you have sufficient pay stubs/+salary contract (notarized) would this be sufficient? My wife (citizen) was a recent graduate (Dec 2013), so all her recent tax returns show no signs of income (as she was a student). However, she landed a job straight after graduation and has been working since January 2nd....Would we still need a co-sponsor?

[shennel 0]

His income last year was 21125, wensenr his W-2 and his income tax transcript, also a letter from his employer which quotes his income which by the way will be more this year because he got a raise in the middle of last year.

The RFE says "Based on the documents submittedwith form I-864, Affidavit of Support, fort the petitioner/sponsor, the income did not meet 125% (100% if military) of the federal poverty line for the petitioner/sponsors house hold size. Submit a evidence of assets that meet the standards listed below or obtain a joint sponsor."

There are only two of us in the household.

[Caryh 5,206]

If your current income for 2014 is $40,000 and you have sufficient pay stubs/+salary contract (notarized) would this be sufficient? My wife (citizen) was a recent graduate (Dec 2013), so all her recent tax returns show no signs of income (as she was a student). However, she landed a job straight after graduation and has been working since January 2nd....Would we still need a co-sponsor?

They have a tendency to look at the last tax year, then verify the income is still currently being made. I'd prepare for a c0 or joint sponsor just in case of an RFE.

[shennel 0]

Thanks guys. We'all just get a co sponsor. His parents have agreed to do it.

[Nickrob187 0]

They have a tendency to look at the last tax year, then verify the income is still currently being made. I'd prepare for a c0 or joint sponsor just in case of an RFE.

Okay - Thank you

Nick

[KayDeeCee 4,893]

I disagree about looking at what you made last year and just seeing if the current income is still enough, Current annual income trumps past income. They will look at the overall picture on a case by case basis though. If you are recently employed or your income in the past was below the requirement, it will make a difference on how much you are earning. If your income is right on the borderline of the requirement, then they may want a joint sponsor for more assurance that they would get their money if the intending immigrant became a public charge.

If your current income for 2014 is $40,000 and you have sufficient pay stubs/+salary contract (notarized) would this be sufficient? My wife (citizen) was a recent graduate (Dec 2013), so all her recent tax returns show no signs of income (as she was a student). However, she landed a job straight after graduation and has been working since January 2nd....Would we still need a co-sponsor?

They look at the overall situation of a case, but the current annual income is what is most important. Being that you were a recent graduate and just got the job that pays wells over the requirement for a household of 2, then you probably will not need a joint sponsor. Supply a statement about being a recent graduate and starting you career in Dec, 2013. Provide a letter from employer and most recent pay stubs to prove the current income. IF they did not accept the current income alone as is, then you would receive an RFE asking for assets or a joint sponsor. I think your chances of not needing a joint sponsor are very good though.

His income last year was 21125, wensenr his W-2 and his income tax transcript, also a letter from his employer which quotes his income which by the way will be more this year because he got a raise in the middle of last year.

The RFE says "Based on the documents submittedwith form I-864, Affidavit of Support, fort the petitioner/sponsor, the income did not meet 125% (100% if military) of the federal poverty line for the petitioner/sponsors house hold size. Submit a evidence of assets that meet the standards listed below or obtain a joint sponsor."

There are only two of us in the household.

Current income would be what he makes an hour times how many hours he works a week, then multiplied by 52 weeks. It does not necessarily match what was made last year, which is past income. You prove the current income amount with a letter from employer and recent pay stubs. Something tells me that you were listing his income from his last year's tax return and they were then looking at the return and seeing that the AGI from the 1040EZ did not meet the requirement.

If he makes more than $21k, then he does meet the income requirement. You can either send in an updated I-864 that shows his true current annual income and highlight that amount on his employer letter and recent pay stubs, or play it completely safe and find a joint sponsor. I suggest the joint sponsor route for your case.