i864 - Federal Income Tax Return Information - Question 19 a, b & c

[mathew123 0]

Hi,

I am applying for Adjustment of status through my wife (LPR) and we are filling the i864 - Affidavit form.

Question 1:

My wife is the primary sponsor (she is a student, no income). So we are using my income as the primary source. Do I need to fill a separate i864 or only she needs to fill and add my name in Part 6? Her mom will be the joint sponsor, doing another i864 for us.

Bottomline: Total how many i864s required? Two ( My wife, her mom) or three (My wife, myself and her mom)?

Question 2:

We got married In 2014 and filed the tax jointly. Until 2013, she was filed as a dependent by her mother.

For 19.a. Most Recent Tax - Our joint files tax, Year 2014

For 19.b. and 19.c? She was dependent in her mom's tax filing on 2013 and 2012. Can she show her mom's household tax return in these columns for those years or should we leave it as N/A?

Please help.

Thank You

[newacct 688]

Hi,

I am applying for Adjustment of status through my wife (LPR) and we are filling the i864 - Affidavit form.

Question 1:

My wife is the primary sponsor (she is a student, no income). So we are using my income as the primary source. Do I need to fill a separate i864 or only she needs to fill and add my name in Part 6?

No. Your (the intending immigrant's) income can be counted as part of the household income of a sponsor (petitioner and/or joint sponsor) without needing you to fill out any form.

Her mom will be the joint sponsor, doing another i864 for us.

It doesn't make any sense for you to both count your income in your wife's household, and also have a joint sponsor. The point of counting your income in your wife's household is to make her household income enough to meet the requirements, in which case you wouldn't need a joint sponsor. If you are using a joint sponsor, then only the joint sponsor's household income matters, and your wife's household income doesn't matter, so there would be no point to include your income in your wife's household income.

Bottomline: Total how many i864s required? Two ( My wife, her mom) or three (My wife, myself and her mom)?

If you don't need a joint sponsor, one (your wife). If you need her mom as a joint sponsor, two (your wife and her mom).

Question 2:

We got married In 2014 and filed the tax jointly. Until 2013, she was filed as a dependent by her mother.

For 19.a. Most Recent Tax - Our joint files tax, Year 2014

For 19.b. and 19.c? She was dependent in her mom's tax filing on 2013 and 2012. Can she show her mom's household tax return in these columns for those years or should we leave it as N/A?

Whether she could be claimed as a dependent on someone's tax returns is independent of whether she filed a tax return for herself. Someone could be claimed as a dependent on someone else's tax return, and still file a tax return (and if their income is sufficiently high, must file a tax return). The only legitimate reason for her to not file a tax return is if her income that year is below the filing threshold for that year (which can be found at the beginning of that year's Form 1040 instructions). Whether she was claimed as a dependent is irrelevant. You would only provide her tax return information. If she did not file a tax return that year because she was not required to because her income was below the filing threshold, then she would write something like "did not file" and attach a statement stating why she was not required to file, per the I-864 instructions.

[mathew123 0]

Thank You newacc for the suggestions/ comments. I really appreciate that.