Questions about form I 864

[osprey 0]

Thanks, I understand what current means, but since they ask for your 1040 forms, I assumed they meant that... your last taxes, which happen to be 2013...

Now, will it hurt to add her current income, which is barely over 20K as well as mine, just to be safe?

My concern is when filling part 3 item 1 "I am sponsoring the principal immigrant named in Part 2" would I have to check NO?. Also, Item 7 in Part 3 will be 0, is that correct?

[bobcat190E 12]

I think you are confused.

If you are the intending immigrant and your wife is the US citizen, then she fills in the I-864 (not you). If she is going to be the sole sponsor (i.e. she will not be jointly sponsoring you with someone else), then in Part 3 item 1,"I am sponsoring the principal immigrant named in Part 2," she should check "Yes" and the number in part 3, item 7 will be 1 (she is sponsoring just you).

If she is going to be your sole sponsor, her current salary, as in right now, must be at least the 125% threshold for a household of your size ($19,662 for a household of 2, if I recall correctly).

The easiest way to prove her current salary is to get someone from the human resources office at her employer to type up a letter indicating her current job title, salary and start date. If that current salary reaches or exceeds the 125% figure you don't have to worry about combining her salary with yours for the I-864 (though you still can if you want to).

Yes she has to include 2013 tax returns and I understand you are concerned because she didn't make a lot of money during the last tax year. I suggest simply including a note to indicate that was because she only graduated in May (this is also why the letter from the employer should include a start date).

Edited August 12, 2014 by bobcat190E

[Harpa Timsah 13,258]

Current does not mean last year, so don't make assumptions. That's just guessing. To be successful in this process, you have to read accurately and interpret literally.

You will still need to show last year's taxes, but that it not for proof of current income.

The USC is the sponsor. Do you also want to add your income as the immigrant to the form? It is possible, with some conditions.

[osprey 0]

Newbie, you're right, my wife, the USC, is the one filling the application... but since we do it together sometimes I mention myself as the one filling it. And the way you suggested is how we initially filled it out.... what I meant to ask on my previous post is how is it supposed to be in case I want to add my income.

Now, after reading the instructions a hundred times, there are still a few confusing terms, for instance, the second to last paragraph on page 6:

"For purpose of this affidavit, the line for gross (total) income on IRS Forms 1040 and 1040A will be considered when determining income...."

I also spoke to an immigration firm in the past, and they mentioned that what is on her 1040 forms is what counts... that if we didn't meet the requirements based on 2013 taxes I needed a co sponsor.....

[Harpa Timsah 13,258]

The immigration firm was wrong. Dead wrong.

Something under "consideration" does not mean "determined" or "used."

Edited August 12, 2014 by Harpa Timsah

[KayDeeCee 4,893]

Newbie, you're right, my wife, the USC, is the one filling the application... but since we do it together sometimes I mention myself as the one filling it. And the way you suggested is how we initially filled it out.... what I meant to ask on my previous post is how is it supposed to be in case I want to add my income.

Now, after reading the instructions a hundred times, there are still a few confusing terms, for instance, the second to last paragraph on page 6:

"For purpose of this affidavit, the line for gross (total) income on IRS Forms 1040 and 1040A will be considered when determining income...."

I also spoke to an immigration firm in the past, and they mentioned that what is on her 1040 forms is what counts... that if we didn't meet the requirements based on 2013 taxes I needed a co sponsor.....

That would only be true if she is self-employed. For self-employed, their income that is looked at is from line 22 of their most recent 1040. Though they can also provide proof of current income with quarterly profit/loss statements and such.

Income tax info and current annual income are two separate things. They look at the overall situation, but current income is most important. The fact she was in school and had just graduated would be a good reason for less income last year. They will look at the letter from her employer and/or recent pay stubs to see if she is making the amount listed for current annual income. If she is, then you should have no issue. They can of course send an RFE and ask for assets or a joint sponsor, but that does not mean they will.

If you want to add in your income, you can do so on the form where it asks. No I-864A needed from you, but you do have to provide proof that your income will continue from the same source even after you become a permanent resident.

[bobcat190E 12]

I think you are over thinking things.

The requirement is that the sponsor's current salary be over the threshold, which you can establish with a letter from your wife's employer (you could also include some recent paystubs too if you like).

The purpose of the tax records they ask for (latest required, earlier ones optional) is to help establish that the sponsor has a history of earning sufficient income (the quote you extracted about the 1040 is just an explanation of what they define as income) and has been paying tax in accordance with the law. Of course, in instances where the sponsor recently graduated from school and only just started employment, then previous tax records are obviously not going to show much income.

I'm not a lawyer and what I'm giving you is my personal opinion, but I don't see that as being a problem for you. It sounds like you are both well educated and she is in secure employment.

Edited August 12, 2014 by bobcat190E

[Dave&Roza 748]

Let me give you an example that may help explain the differences between the income reported on your 2013, 2012, and 2011 tax returns and your current income. Your wife was hired in 2011 by a reputable company and due to her education was offered a $100k per year salary. She reported on her 2011 tax return an adjusted gross income of $67K and on her 2012 tax return her adjusted gross income was $105K and in 2013 she made $108K, Unfortunately in early March of 2014 she was laid off due to cut-backs and made only $18K while she was employed. She is now working as a waitress making $6.50 per hour with tips. She send off the I-864 listing all her past income and a few of her recent paystubs along with a letter from the restaurant stating her hours and salary and expected tips. That amount comes to $16K. Her 2014 adjusted gross income is expected to be $34K which is above the 125% of the poverty level, but she will be denied unless she has a joint sponsor. She is denied because her CURRENT income level is $16K based on the proof she submitted--i.e. paystubs and employer's letter. She needs to find a joint sponsor or combine your income with hers.

However, it sounds like she can show a paystub or four with her current income. Take that amount and turn it into an annualized salary (paid every two weeks multiply the amount by 26; paid bi-monthly multiply the amount by 24, etc.). If it is greater than the 125% of the poverty level or approximately $20K than she does not need a joint sponsor or to add your income to hers. All the tax returns do is show that she followed the law and filed a tax return and it may be used for salary history. What she is making right now is the most important part.

Good luck,

Dave

[osprey 0]

Thank you everyone, it is now clear what I need to do....

One final question, my wife's job is renewed on yearly basis, so the letter she received states that she has a job until June 2015....would that hurt us...???

[Harpa Timsah 13,258]

If she can't say she has a permanent job, then it may be a problem. I would use 6 months of paystubs as proof of current employment in that case.

[bobcat190E 12]

Is there a way you can ask her employer for a letter that doesn't mention the June 2015 date? That might help.

You don't want to lie on any part of the AOS application, of course, but you can present the facts in ways that are less likely to raise any red flags.

Edited August 12, 2014 by bobcat190E

[KayDeeCee 4,893]

If that is the only letter she can get, then perhaps don't send the letter and use only the pay stubs to prove current income.

[osprey 0]

No, we can get a letter without the date.... of course, we don't want to lie..... she will continue working there even after that date...

[bobcat190E 12]

Well I don't think you need to worry then. Worst case scenario, the USCIS officer might want further evidence that she will continue working there even after that date (another letter from the employer saying so?). Perhaps it would be prudent to take such evidence with you to the interview.

[KayDeeCee 4,893]

Getting a letter without the date is not lying though, since she will continue and it is a permanent position.