I-864 Question on Tax Returns

[jgdaily 4]

I am sponsoring my spouse (canadian) who is currently with me in the states (not working). I filled out my I-864 with my tax transcripts, pay stubs and employment letter.

Does she need to fill out a I-864 or I-864a? And if so, is she required to include her Canadian tax information or will mine suffice?

Thanks!

[teeak 224]

You didn't file taxes 'married filing jointly' right? Since she's not working, she doesn't need to complete an I-864A. Also, they only consider foreign income if it will continue after immigrating.

Have you considered the I-864EZ? It may be applicable in your case and it's a shorter form.

[jgdaily 4]

You didn't file taxes 'married filing jointly' right? Since she's not working, she doesn't need to complete an I-864A. Also, they only consider foreign income if it will continue after immigrating.

Have you considered the I-864EZ? It may be applicable in your case and it's a shorter form.

That is correct. Married in August 2015, filed in April 2015 as "single". She isn't working yet because we are waiting for her green card/work permit. She has no foreign income anymore.

After doing some Googling and comparing, looks like I can do the I-864EZ instead.

"Eligibility

Form I-864 EZ can be used only if ALL following conditions apply:

You are the person who filed or is filing the Form I-130, Petition for Alien Relative, for a relative being sponsored;

The relative you are sponsoring is the only person listed on the Form I-130 petition;

This can be true in all immediate relative petitions. This may be true in some preference-based categories if there are no dependents who are immigrating with or within 6 months of the sponsored immigrant.

The income you are using to qualify is based entirely on your salary or pension and is shown on one or more Forms W-2 provided by your employer(s) or former employer(s).

Ineligibility

You are not eligible for Form I-864EZ if any of the following conditions apply:

The relative you are sponsoring is not the only person immigrating based upon the underlying visa petition; In other words, there are accompanying dependent (or derivative) family members;

You filed or are filing a Form I-140, Immigrant Petition for Alien Worker, for the immigrant you are sponsoring;

You are a joint sponsor;

You are a "substitute sponsor" filing because the original I-130 petitioner has died;

The income you will be using to qualify comes from business."

[teeak 224]

Ahh, okay then I-864A isn't necessary and I'd advise using the I-864EZ since it's easier.

Best of luck!

[Ryan H 3,855]

Moved from Progress Reports to Process & Procedures.