I-864 joint sponsor has enough income

[eunahlee92 23]

Hello everyone, i have two questions about filing i-864. My husband is petitioning for me but he is a student, so his dad is helping us as a joint sponsor. My husband and I are living together, but since he doesn't really have a real job, he is a dependent of his dad on IRS 1040. Here is my two questions:

1. Dad has a wife, and they file tax jointly, so on 1040, it shows all combined total income not only his. And on i-864, there is a box that we have to put his incomes from last 3 years. Does anyone know if we can use his income from W2 to fill out the income part on i-864 and still send the Joint IRS transcript, 1040, and hos w2??? And we don't have to fill out i-864a for mom because we are not using her income?

2. Since my husband is filling out i-864 as a petitioner, he has to put his house hold member which is 2 (md and him). But his dad has to put not only me and mom for household member but also my husband because he is dependent of dad?? So like my husband's house hold is 2 and dad's household is 4?

ill very appreciate if somebody could answer my questions!!!!!

[geowrian 22,337]

1. For the I-864, where it asks for the AGI for the 3 most recent tax years, put down the amounts exactly as filed (even if filed jointly). Sending the W2s will show his part of that income.
   1. Technically, his spouse doesn't need to fill out an I-864A because he isn't using her income to qualify. However, they have issued RFEs requesting this from others in the past so that the spouse is aware of what's going on. So the safer bet is to include an I-864A from her as well.
2. That's possible...depending on if your husband was claimed as a dependent on his father's 2016 tax returns or not. If he was, then the household size is 4. If not, a married son/daughter does not need to be counted and the household size would be 3. See page 6 of the I-864 instructions (Item #5).

Edited September 30, 2017 by geowrian

[eunahlee92 23]

 

6 hours ago, geowrian said:

1. For the I-864, where it asks for the AGI for the 3 most recent tax years, put down the amounts exactly as filed (even if filed jointly). Sending the W2s will show his part of that income.
   1. Technically, his spouse doesn't need to fill out an I-864A because he isn't using her income to qualify. However, they have issued RFEs requesting this from others in the past so that the spouse is aware of what's going on. So the safer bet is to include an I-864A from her as well.
2. That's possible...depending on if your husband was claimed as a dependent on his father's 2016 tax returns or not. If he was, then the household size is 4. If not, a married son/daughter does not need to be counted and the household size would be 3. See page 6 of the I-864 instructions (Item #5).

my husband's name is on dad's tax return. so I'm going to put 4 for dad's I-864. But would the household member 2 on my husband's I-864 (me and husband) even though he is in dad's household member?

Also I think if we put down the amounts from 1040, we have to use total income not adjusted gross income because AGI is only for 1040EZ.

Edited September 30, 2017 by eunahlee92

[geowrian 22,337]

4 hours ago, eunahlee92 said:

my husband's name is on dad's tax return. so I'm going to put 4 for dad's I-864. But would the household member 2 on my husband's I-864 (me and husband) even though he is in dad's household member?

Also I think if we put down the amounts from 1040, we have to use total income not adjusted gross income because AGI is only for 1040EZ.

Yes, it's 4 for his dad, and 2 for him.

 

Correct. It's total income for a 1040/1040A and AGI for the 1040 EZ.

"For purposes of this affidavit, the line for Total Income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ, the line for adjusted gross income will be considered."

[eunahlee92 23]

30 minutes ago, geowrian said:

Yes, it's 4 for his dad, and 2 for him.

 

Correct. It's total income for a 1040/1040A and AGI for the 1040 EZ.

"For purposes of this affidavit, the line for Total Income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ, the line for adjusted gross income will be considered."

Thank you so much! i hope we don't get RFE for not sending mom's I-864a.