i864 I864 Split income and other queries

[EMMO 2]

Hi VJ,

Hope everyone is doing good. We are waiting on the NOA2 but getting started on I864 process if all goes well.

We got some answers, but a couple of points have been a slight head-scratcher

 

Background -

- My Father in Law will be our joint sponsor. He files the taxes jointly with my Mother in Law. He is a lawyer and she is retired so gets pension

- The last 3 years combined income has been 2017 - 90,000, 2016 – 70,000, 2015 – 60,000 - We have got both tax returns and account transcripts – but we have asked for Tax Return Transcripts

 

Question 1

Option 1 

- If we only use my FIL’s income, do we have to show ONLY HIS Income in Part 6/Question 7. 

- My MIL will still file the i864A – should then her details be mentioned in Part 6/Question 8 as person from the same household even if we don’t count her income?

 

Option 2

- We use both of them as Joint Sponsor and Income from Household member. Then fill the respective forms.

- Do we still have to show the split incomes? I think the answer is obvious, but just wanted to check which would be the better option?

 

Question 2

- If my wife fills the I864/and the I864A on behalf of my in-laws, can she fill part 10 (Person Preparing the affidavit) for both of them?

- And can they then just sign and send us the scanned copy of the signature page with their signatures vs requiring ‘wet signatures’

 

Question 3

- My wife’s last 3 years tax returns state married but filing separate, but the transcripts only say this for 2015 and 16, and say filing Single on the 2017 Transcript – can we submit or would that be a problem?

 

Question 4

- We got tax account transcripts instead of tax return transcripts – would that suffice or we should still ask for Tax Return Transcripts?

 

Hope the above make sense, and sorry for the lengthy post. As always thank you everyone for helping out.

 

Have a good one.

emmo

[Liam2021 583]

There is no such thing called split income. Your father need to file I-864 and your mother I-864A. In addition, you need to get the tax return transcript, not tax account transcript. You can get tax return transcript by get it online or order it mail to your address( it free).

For 2017 year, asked your wife amended her tax to MFS.

Edited September 25, 2018 by H&T

[pushbrk 12,881]

6 hours ago, H&T said:

There is no such thing called split income. Your father need to file I-864 and your mother I-864A. In addition, you need to get the tax return transcript, not tax account transcript. You can get tax return transcript by get it online or order it mail to your address( it free).

For 2017 year, asked your wife amended her tax to MFS.

Not exactly.  Sure, we don't use the term, split income, but in the current income sections of the forms, they will state their personal income separately, then add it together as household income.  In the tax sections, line 22 from the joint return will go on both forms.

 

Joint sponsor and household member is the best practice way to go in this situation.  Remember the petitioner must also provide an I-864 regardless.

[EMMO 2]

5 hours ago, pushbrk said:

  In the tax sections, line 22 from the joint return will go on both forms.

 

Thank you both, for the responses.

@Pushbrk – yeah, The Petitioner (my wife) will submit her own I864 as well

 

Just a follow up query on your point below

Is there a difference when they state

‘My current Household income’ (which is Joint Sponsor + Household member )

VS

My total income  (for the tax section asking for the last 3 years) – would this be only joint sponsor’s individual income for I864 and only household members individual income for I864a? 

 

Or am I reading your reply wrong?

Thanks again!

Cheers emmo

[pushbrk 12,881]

18 hours ago, EMMO said:

Thank you both, for the responses.

@Pushbrk – yeah, The Petitioner (my wife) will submit her own I864 as well

 

Just a follow up query on your point below

Is there a difference when they state

‘My current Household income’ (which is Joint Sponsor + Household member )

VS

My total income  (for the tax section asking for the last 3 years) – would this be only joint sponsor’s individual income for I864 and only household members individual income for I864a? 

 

Or am I reading your reply wrong?

Thanks again!

Cheers emmo

You are asking about how to state current income.  Current income does not come from a tax return.  For an employed person, it is 12 month of their current income going forward.  For a pension, it is the monthly amount times 12.  This can be and usually IS, different than any amount coming from a tax return.  Tax returns are the past, so not "current".

[EMMO 2]

Hi Pushbrk, The above is clear,  thanks.

 

Lets assume the amount being 100 as their total tax returns for the each of the last 3 years - My FIL makes 60 and MIL makes 40

 

What I meant to ask was in the section of last 3 years total income for both I864 and I864a

would they fill in their individual amounts - so I864 would be 60,60,60 and I864a would be 40,40,40

or

their jointly filed tax return amounts for the last 3 years  100,100,100 in both I864 and I864a

 

Thanks again.

 

Cheers

emmo

[pushbrk 12,881]

I told you already that in the tax section on both forms, enter the number on line 22.  The separation comes when stating their individual personal income.

[EMMO 2]

Clear! thank you very much Pushbrk!