I-864 questions?

[Murph4444 12]

I'm AOS by way of marriage to a US Citizen. I'm in the US on a TN and have a full time job that makes over the 125% poverty line. Does my spouse still have to file the I-864 and prove that they make over the poverty line?

 

Also - my spouse is a graduate student and does make over the 125% but it's on a stipend and therefore not taxed so my spouse can't provide tax returns because they don't file them. Anyone else have this issue?

[D&D_NYC 58]

You can't be your own sponsor, so yes, regardless of your own income, your spouse or a joint sponsor needs to complete the I-864. The beneficiary's income (or any other income from the household) can be used to supplement the petitioner's income, but it's not mandatory if the petitioner fulfills the 125% rule on their own. 

 

I have no firsthand experience with the second part of your question, but per page 9 of the I-864 instructions: 

 

If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a typed or printed explanation including evidence of the exemption and how you are subject to it.

[Just Paul 4,595]

Ok you are on a TN "Nafta" Visa.  And by AOS I take it you concurrently filed i-130 i-485 i-131 i-765? And I presume you are Canadian.

 

Your spouse will have to file an I-864 and provide a written explanation as to why taxes were not filed.  Since you are a TN your income can be included via a I-864A since it is earned in the US.  On the I864  the income the both of you can be combined.  I take it you also make 125% above poverty line for the two of you.  You should be filing a US tax return.  

 

On the I-864 you can show the stipend proof at the end.  What they are most concerned about is that the two of you will be earning enough income after the AOS.

Edited December 20, 2018 by Paul & Mary

[geowrian 22,337]

Why wasn't he required to file taxes...? A stipend is still income, even if it's not taxable (and it may or may not actually be taxable..I don't know the specifics of his case). The requirement to file a tax return is dependent on income earned , not the tax liability associated with it.

Edit: To reiterate, this is a filing issue, (presumably) not a tax payment one. The income needs to be reported, which means filing a tax return.

 

The petitioner must always be the primary sponsor. They can include your income in their household income on the I-864, though.

Edited December 20, 2018 by geowrian