I864 Part 6,19b. or 19c. below poverty guideline

[SugarPlumFairy 3]

Hi Everyone,

After looking around for awhile, I still haven't found an answer to this. On the I-864 form, part 6, it asks for the 3 most recent tax return amounts. I have two questions:

1) Do I have to list all three years, or should I just list the most recent if I am only submitting the tax transcript on the current year (on questions 19a. to 19b.)

In the I-864 instructions it states "NOTE: Do not leave the boxes for Item Number 19.a. blank. Print or type the most recent tax year and your total income for that most recent tax year. If the amount was zero, enter “zero” or if you were not required to file a Federal income tax return enter “N/A” for not applicable." but it doesn't say anything about 19b. or 19c.

2) For the last two years (2014 and 2015), my husband (the petitioner's) income was over the poverty line, but for 2013, he is under the poverty line. Do I need to include assets in part 7 as a result?

The reason for my confusion is that in the directions on the form, it states "If your income, or the total income for you and your household, from Part 6., Item Numbers 19.a. - 19.c., exceeds the Federal Poverty Guidelines for your household size, YOU ARE NOT REQUIRED to complete this Part 7. Skip to Part 8. " Implying that I DO need to fill out section 7...

But then I look at the instructions for I-864, it states "Only complete Part 7. if you need to use the value of assets to meet the income requirements. If your Current Annual Household Income (indicated on Part 6., Item Number 15.) is equal to or more than needed to meet the income requirement as shown by the current Federal Poverty Guidelines (Form I-864P) for your household size (indicated on Part 5., Item Number 8.), you do not need to complete this Part. If your total household income does not meet the requirement, you may submit evidence of the value of your assets, the sponsored immigrant’s assets, and/or assets of a household member that can be used, if necessary, for the support of the intending immigrant(s). The value of assets of all of these persons may be combined in order to meet the necessary requirement. "

These seem like very conflicting statements as to if I need to fill out part 7...

Any help would be appreciated!

[KayDeeCee 4,893]

They are not conflicting. It states if your income or total income amounts from last 3 years of taxes. Your current annual does meet the requirement, so no need to list assets.

As for the total income for last 3 years, YES, you must list all 3 years as it asks. It makes no difference if one of the years did not meet the income requirement. They will be going by your current annual income. List that amount where it asks separately on the form. If an employee, include letter from employer and/or recent pay stubs.

If self-employed, they will look at line 22 of your most recent 1040, but sending in more than one year of taxes showing you meet the requirement will help in proving stable, ongoing income.

Edited September 16, 2016 by KayDeeCee

[NikLR 13,227]

When we filed my husband didnt meet the requirement in the middle year on his w2 because of deployment. Technically he didnt meet it 2012 either because he only worked from Sept to Dec, but we didnt have to submit that tax year (he had an extension.) But his current income was way over so it was a non-issue especially for Montreal.

Dont include assets if he's currently making over the guidelines.