Need help for Part 6 of i864 (RFE)

[LucyF 1]

Hello,

I'm working on a RFE for my i486, and it requires more information about my husband's income. Detailed background about us can be found in this post. I found that our initial submission of i864 may not be accurate enough, especially in part 6; so I would appreciate your advice on the following questions:

1. i864 Part 6 #5 (page 5) : My current individual annual income is:

For my husband (petitioner): he does not have a W2 or anything equivalent as he got paid by fellowship. Should I enter my husband total fellowship income on his offer letter (equivalent to employment letter) in this case? Or should I enter the total income of us both from our joint tax return (I don't know how to separate out his income from our final joint return...he doesn't have any 1040 form filled, only education related forms) ?

2. i864 Part 6 #5 (page 5) : My current individual annual income is:

For our joint sponsor, should the "ADJUSTED GROSS INCOME PER COMPUTER" on his IRS transcript be used in this case?

3. i864 Part 6 # 6a-c and #7a-c (page 5): person 1 and 2

According to the i864 instruction page 5 (bottom) to page 6(top): "Take your annual individual income from Item Number 5, and enter it on Item Number 6....... b. If you include the income of the intending immigrant who is your spouse (he or she should be counted on Item Number . of Part 5.), evidence that his/her income will continue from the current source after obtaining lawful permanent resident status must be provided...."

So for my husband's form, I should have his name and income for #6a-6c, and my name and income for #7a-7c then? This is confusing because his income had already been entered in #5 of this part 6, and it thus will be counted twice in #10 My current Annual Household Income (Total all lines from 5,6c.,7c.,8c., and 9c., will be Compared to Poverty Guidelines - see Form I-864P.).

4. i864 Part 6 #13a-c (page 6): Federal income tax return information. My total income (adjusted gross income on IRS Form 1040EZ) as reported on my Federal tax returns for the most recent 3 years was:

I guess my question here is related with my first question. Should this number be the same with Part 6 #5? How should I find the right number to use from our joint tax return, when my husband's fellowship income is not even shown up...? (It shows, but only partially, in a session for school...) Can I just use our total income on the tax return, not his alone?

5. This is a more general question about i864. The current form is expiring in a week (on 3/31), but as long as the signature date is before expiration, I can still mail this form right?

Sorry if my questions are long and silly. I'm not an expert in tax, but I'm learning! We really don't want to get another RFE, so need to get this right. Thank you in advance for your time and help!

Lucy

Edited March 25, 2015 by LucyF

[NancyNguyen 1,657]

Lucy, you are confused. You said your husband is petitioner so I-864 is of him, everything is about him.

Part 6 / Section 6a - 6c = your income. He will use intending immigrant's income together on I-864.

Part 6 / Section 13a - 13c and 14 = his income.

You need to include joint tax transcript, his pay stubs, your pay stubs, W2s, employer letters for both of you. You calculate his number and your number based on W2 and/or 1099, employer letter stating salary.

You will be using your income (intending immigrant) for I-864 so you need to prove your income will be same source after your receive your GC, so you will need job contract, employer letter stating they will hire you for a long time.

Good luck.

[LucyF 1]

Lucy, you are confused. You said your husband is petitioner so I-864 is of him, everything is about him.

Part 6 / Section 6a - 6c = your income. He will use intending immigrant's income together on I-864.

Part 6 / Section 13a - 13c and 14 = his income.

You need to include joint tax transcript, his pay stubs, your pay stubs, W2s, employer letters for both of you. You calculate his number and your number based on W2 and/or 1099, employer letter stating salary.

You will be using your income (intending immigrant) for I-864 so you need to prove your income will be same source after your receive your GC, so you will need job contract, employer letter stating they will hire you for a long time.

Good luck.

Hi Nancy,

Thanks a lot for your reply to my this one and previous post too. Sorry my questions are confusing, but I have both my husband and his father to file i864, and some questions are for both. I agree that 6a-c should be about me, but it doesn't seem to be the case in the instruction. Anyway, I will have my information there.

For my husband income for 13a-c and 14, I'm not sure where to find his adjusted gross income. He has no W2 or anything equivalent, because his income is a fellowship. In our joint tax return, the "adjusted gross income" is a sum of my income + roughly 1/3 of his taxable income. Should I just give that number please? Or should I try to exclude my income from it.

And yes I will have our school provide us some letter equivalent to employment letter to prove our income.

Thank you:)

Lucy

[NancyNguyen 1,657]

If you have your father in law as joint sponsor, don't input your income in 6a - 6c to minimize document hassle.

13a-13c whatever he thinks his taxable income is, and provide tax transcript, pay stubs, employer letter.

Number on joint tax transcript is fine you don't have to separate your number, they will focus much on his father's I-864.

Good luck.

Edited March 26, 2015 by NancyNguyen

[LucyF 1]

If you have your father in law as joint sponsor, don't input your income in 6a - 6c to minimize document hassle.

13a-13c whatever he thinks his taxable income is, and provide tax transcript, pay stubs, employer letter.

Number on joint tax transcript is fine you don't have to separate your number, they will focus much on his father's I-864.

Good luck.

Thanks so much Nancy. However this is a RFE - and in our first submission, I have submitted my information in 6a-c. Should I try to be consistent in this case please? Also, we submitted his father's tax files at the first place, but USCIS seems to be interesting with our tax, not his fathers:(...

My husband taxable income is rather low ($5000 or $10,000, not sure how US tax system work, but it should be one of these numbers based on my calculation), but should I just use one of these numbers...? You said I don't have to separate my numbers, so simply use the $30230 (my income $25230 + $5000, OR my taxable income as international student $20230 + $10000) on our tax return is okay?

I'm sorry for all the questions... our case seems to be a little headache... Thank you.