Question about 864 (And 864A)

[mamosc 7]

My wife is completing form 864 & has a question regarding Part 6.

Part 6, Section 6: The only other person in the household who's "income" we are reporting is that of a minor child who receives monthly Social Security benefits because of her biological father passing away from pancreatic cancer (he was on full-time SS diability).

Obviously, we are reporting her income, as required by form 846, however my wife is unsure about #11 under Part 6. You are supposed to check the box if the person you are reporting has completed 864A. Well, she is a minor child who cannot complete 864A. Should my wife complete it on her behalf?

I cannot find a link to 864A which would help her determine whether or not she should complete it on her daughter's behalf. Does any one have a link to 864A?

The other question regarding part 6 is this:

#13: my wife filed for a tax extension in April & therefore does not have an official tax return to provide. Should she check box 13 & send a copy of the extension she submitted to the IRS? AND since she has not filed her 2013 return, she is planning on giving her best estimate for 13a (most recent years total income). Should that be OK for now? She is above poverty line & also plans to submit copies of her tax returns for 2012 & 2011. Has anyone ever been in this situation where the most recent years taxes have yet to be filed due to a request for extension, and if so, did you run in to any issues with the processing of your I-864?

Thank you so much for your replies!

Massimo & Jill

[aussie_jason 195]

If she doesn't need the minor's income to meet 125% of the poverty line for a household of 3 then I would not include it and hence remove any confusion over whether an I864A is required or not so that would mean 9c and 10 would match as you wouldn't complete 6c, 7c and 8c.

She hasn't filed 2013 yet so I would detail the previous 3 tax returns and attach a copy of the extension letter so they know she hasn't filed 2013 yet along with her 2012 tax transcript as that is the most recent year filed.

The important thing to prove is the amount listed in 10, she must provide some documentation that correlates with that otherwise it is guaranteed that you will get an RFE.