I-864 Questions

[Kristi&Luigi 157]

Hey guys, 

I have some questions regarding form I-864. I would appreciate the help! 

Background: I am filing for my husbands AOS after k-1. 

 

General Question: When we filed i-134 for i-129f i was unemployed and filed a i-134 stating i am unemployed and my co sponsor filed a separate i-134. So does my husband have to file a i-864 stating he is unemployed? Or is that obvious since he is intending immigrant with no work permit (filing same time as aos)? 

 

Form Questions: 

From Part 1. This is a bit of a silly question but I read up that I am supposed to check number 1.a. for my situation. This sounds incorrect though as I am not the petitioner of the AOS and my husband is? 

 

From Part 6. Do I include my husband as person 1 since it says "including intending immigrant"? 

 

 

From Part 6. How do I answer these questions? 

22. Do I state my husbands name? 

23-25. I have not ever earned enough to file taxes up until last year so I will be filing for 2018 but haven't yet. I do not need a co sponsor as i make over the income requirement how do i answer these in my case and what support evidence if i have to "check" 25? I realize I need to bring more evidence like pay stubs and the tax return at interview time, but what do I do for this application? 

Edited February 17, 2019 by Kristi&Luigi

[K1visaHopeful 2,815]

32 minutes ago, Kristi&Luigi said:

Hey guys, 

I have some questions regarding form I-864. I would appreciate the help! 

Background: I am filing for my husbands AOS after k-1. 

 

General Question: When we filed i-134 for i-129f i was unemployed and filed a i-134 stating i am unemployed and my co sponsor filed a separate i-134. So does my husband have to file a i-864 stating he is unemployed?

 

The I864 is filled out by the sponsor, not the intending immigrant. So YOU.

 

Or is that obvious since he is intending immigrant with no work permit (filing same time as aos)? 

 

Form Questions: 

From Part 1. This is a bit of a silly question but I read up that I am supposed to check number 1.a. for my situation. This sounds incorrect though as I am not the petitioner of the AOS and my husband is? 

1.a.

YOU are the petitioner/sponsor on the I864. The immigrant is the applicant/petitioner on the I485, I765, I131.

From Part 6. Do I include my husband as person 1 since it says "including intending immigrant"? 

Are you using any of his cash assets in combination with your income to meet the Financial Poverty Guidelines? If yes you will input his name there. If he has no assets or you do NOT need to use him then your answer will be N/A.

 

From Part 6. How do I answer these questions? 

22. Do I state my husbands name? Again, are you using his assets?

23-25. I have not ever earned enough to file taxes up until last year so I will be filing for 2018 but haven't yet. I do not need a co sponsor as i make over the income

 

23.a. no, you have not filed.

23.b. do not check. Three years are optional but you dont have three years worth to submit anyways. You will only submit the most recent year (2018).

24.a 2018, your total income from your 2018 ITR or Return Transcript.

24.b. 2017, $0

24.c. 2016, $0

25. You will check and write a statement as to why you were not required to file in 2016/2017.

 

requirement how do i answer these in my case and what support evidence if i have to "check" 25? I realize I need to bring more evidence like pay stubs and the tax return at interview time, but what do I do for this application? 

You will provide copies of all financial documents you are using to prove the income you reported on the I864 WITH your AOS submission (and those of your husband's assets if you need to include them). Then you will bring the originals to your interview.

 

Edited February 17, 2019 by K1visaHopeful

[Kristi&Luigi 157]

36 minutes ago, K1visaHopeful said:

 

Thank you always for such a prompt response!

Husband has no assets. 

 

So, I will include the 3 pay stubs that I have so far and bring more to the interview, correct? but I don't have a tax return yet for 2018 so on 24.a. how do I know that value?

 

Do I need to print from the IRS website something stating I didn't file taxes for 2017/2016? 

 

Also before I was employed with my current company, I had a temporary job position for about 2 months but no where on this form it asks for previous employment. I was payed in checks. Do I need to include a copy of these checks as well? 

[K1visaHopeful 2,815]

1 minute ago, Kristi&Luigi said:

Thank you always for such a prompt response!

Husband has no assets. 

 

1 minute ago, Kristi&Luigi said:

So, I will include the 3 pay stubs that I have so far and bring more to the interview, correct? Sorry, no.

 

What evidence you will provide depends on your particular financial situation. I would not suggest filing AOS as the only sponsor if you have no income tax forms to provide. While current income is important, not having any ITR reported income would not be wise.

IMO:

1) you MAY be able to input just your current PROJECTED income from an Employment Verification letter plus 6 months worth of paystubs (the I864 instructions specifically state 6 months, not 3) but I doubt this will satisfy them without any reported tax returns for the last 3 years. A Joint sponsor would be necessary.

2) Wait to file AOS and file your 2018 tax returns ASAP so you at least have taxes to report that meet the FPGL's.

 

but I don't have a tax return yet for 2018 so on 24.a. how do I know that value?

 

Do I need to print from the IRS website something stating I didn't file taxes for 2017/2016? 

No you have to make a statement explaining why. I suggest you read the instructions regarding income and taxes on the I864 instructions, especially pages 7, 8 and 9.

 

Also before I was employed with my current company, I had a temporary job position for about 2 months but no where on this form it asks for previous employment. I was payed in checks. Do I need to include a copy of these checks as well? 

When? Will this be reported on your 2018 tax returns? If so that will be included there in option 2 above. If not, then it's not "current employment", nor a job you still hold so you would not be able to get an EVL for it nor provide 6 months worth of paystubs for it so it would not apply in option 1 above.

You needs to consider that they regard the taxed or non taxable income (pension, disability, SSI) earned in the most previous year as primary evidence of income. 

Current employment income is secondary and is weighed in the manner of: 1) is it stable and current? 2) does it IMPROVE your financial situation over what was reported on your most recent taxes? 

My suggestion: Option 2 and you still may want to prepare for an RFE for a joint sponsor request.

[Kristi&Luigi 157]

1 hour ago, K1visaHopeful said:

 

You needs to consider that they regard the taxed or non taxable income (pension, disability, SSI) earned in the most previous year as primary evidence of income. 

Current employment income is secondary and is weighed in the manner of: 1) is it stable and current? 2) does it IMPROVE your financial situation over what was reported on your most recent taxes? 

My suggestion: Option 2 and you still may want to prepare for an RFE for a joint sponsor request.

Hmm. My assumption was made on this post and similar: 

 

If I file now with employment letter Plus 3 pay stubs, is the worst that can happen an RFE? 

 

Is the i864 judged at the interview or prior? 

[K1visaHopeful 2,815]

24 minutes ago, Kristi&Luigi said:

Hmm. My assumption was made on this post and similar: 

 

If I file now with employment letter Plus 3 pay stubs, is the worst that can happen an RFE? 

 

Is the i864 judged at the interview or prior? 

I read that but it's from 2008. (I stopped when they said "as many paystubs as she could" as the current I864 instructions state specifically 6 months worth). I do disagree with that post in thinking that a job you have only had for a for a few months will satisfy them if you have no tax returns to report at all. It's just not feasible.

 

The worse that could happen is that you could:

1) get an RFE for 2018 Return Transcripts and you could get that before you have managed to file 2018 taxes, IRS could take a long time to process your taxes and issue a Return Transcript and you only have so many days to satisfy the RFE before you are given a NOID.

2) they could ask you for a joint sponsor. 

 

The I864 is adjudicated at the NBC before it arrives at your local FO. If your finiancial situation changed by the time of the interview, it may be necessary to provide updated financial documents.

Edited February 17, 2019 by K1visaHopeful

[carmel34 3,633]

You can file your 2018 tax return now, like TODAY.  Then you can include a copy of it with W2 with your  I-864.

[Kristi&Luigi 157]

1 hour ago, carmel34 said:

You can file your 2018 tax return now, like TODAY.  Then you can include a copy of it with W2 with your  I-864.

Problem is, I've never filed taxes before and don't know how the process goes. If I file today can I get some sort of documentation same day? 

 

Also the amount on my tax return will be below the 125% requirement because I have been employed just 2 months now with this job and another 2 months with the other. Will that be a problem? 

Edited February 17, 2019 by Kristi&Luigi

[Naes 12,205]

I think with 3 paystubs and no taxes income that shows above income requirements, would definitely trigger a rfe.  I’d get a joint sponsor.

[K1visaHopeful 2,815]

16 minutes ago, Kristi&Luigi said:

 

 

Also the amount on my tax return will be below the 125% requirement because I have been employed just 2 months now with this job and another 2 months with the other. Will that be a problem? 

Sorry but yes...by your original post I was under the impression that your financial situation had completely changed that you did not need a joint sponsor at all.

In order to not need a joint sponsor, you alone have to meet the 125% somehow. Tax returns first, a current employer with 6 months paystubs secondly, and assets thirdly. You are going to need a joint sponsor my dear. I'm sorry.

 

[Kristi&Luigi 157]

6 minutes ago, K1visaHopeful said:

Sorry but yes...by your original post I was under the impression that your financial situation had completely changed that you did not need a joint sponsor at all.

In order to not need a joint sponsor, you alone have to meet the 125% somehow. Tax returns first, a current employer with 6 months paystubs secondly, and assets thirdly. You are going to need a joint sponsor my dear. I'm sorry.

 

Well I make well above the 125% requirement. About 2.5 times more. But I haven't worked a  full year is what I mean, and what I have made in the last 4 months isn't a full years worth and so my tax returns will be of a smaller amount, if that makes sense. 

 

Sorry for my confusion. But I promise I'm getting a hang of this adult life! 

[NikLR 13,227]

15 hours ago, Kristi&Luigi said:

Hey guys, 

I have some questions regarding form I-864. I would appreciate the help! 

Background: I am filing for my husbands AOS after k-1. 

 

General Question: When we filed i-134 for i-129f i was unemployed and filed a i-134 stating i am unemployed and my co sponsor filed a separate i-134. So does my husband have to file a i-864 stating he is unemployed? Or is that obvious since he is intending immigrant with no work permit (filing same time as aos)? 

 

Form Questions: 

From Part 1. This is a bit of a silly question but I read up that I am supposed to check number 1.a. for my situation. This sounds incorrect though as I am not the petitioner of the AOS and my husband is? 

You check 1a.  You are still his original/current petitioner. 

 

From Part 6. Do I include my husband as person 1 since it says "including intending immigrant"? 

Not unless he's working and you're including his income.  Since he can't work yet then you don't include anyone here at this time. 

 

 

From Part 6. How do I answer these questions? 

22. Do I state my husbands name? No. 

 

23-25. I have not ever earned enough to file taxes up until last year so I will be filing for 2018 but haven't yet. I do not need a co sponsor as i make over the income requirement how do i answer these in my case and what support evidence if i have to "check" 25? I realize I need to bring more evidence like pay stubs and the tax return at interview time, but what do I do for this application? 

You would actually write "not required to file".  the answer isn't $0 because you weren't required to file, not that you filed and made $0 income.   Send pay stubs with the I-864.  

 

[K1visaHopeful 2,815]

1 minute ago, Kristi&Luigi said:

Well I make well above the 125% requirement. About 2.5 times more. But I haven't worked a  full year is what I mean, and what I have made in the last 4 months isn't a full years worth and so my tax returns will be of a smaller amount, if that makes sense. 

 

Sorry for my confusion. But I promise I'm getting a hang of this adult life! 

I agree that adulting is hard. 

You will either need: 

1) at least the most current tax return that proves you meet the 125%

Or

2) an EVL that states your PROJECTED income will meet the 125% AND 6 months worth of paystubs. 

But yes I get you now. That's why I'm saying you'll need a JS for sure if you file AOS for him now because you dont have either. You COULD wait to file AOS until you have 6 months of paystubs under this new job too. That MIGHT work.

[Kristi&Luigi 157]

6 minutes ago, K1visaHopeful said:

I agree that adulting is hard. 

You will either need: 

1) at least the most current tax return that proves you meet the 125%

Or

2) an EVL that states your PROJECTED income will meet the 125% AND 6 months worth of paystubs. 

But yes I get you now. That's why I'm saying you'll need a JS for sure if you file AOS for him now because you dont have either. You COULD wait to file AOS until you have 6 months of paystubs under this new job too. That MIGHT work.

But is it true that after I have 6 months worth of paystubs I can submit them to USCIS then and get myself ahead by 6 months? Like submit what I have so far and in 6 months submit all 12 paystubs and the tax return. I thought we could always submit new evidence to uscis along the way and since the process is taking over a year now they probably haven't even touched my case at the 6 month mark? 

 

Please tell me if this is a big NoNo.  

[Naes 12,205]

6 minutes ago, Kristi&Luigi said:

But is it true that after I have 6 months worth of paystubs I can submit them to USCIS then and get myself ahead by 6 months? Like submit what I have so far and in 6 months submit all 12 paystubs and the tax return. I thought we could always submit new evidence to uscis along the way and since the process is taking over a year now they probably haven't even touched my case at the 6 month mark? 

 

Please tell me if this is a big NoNo.  

You can’t submit more evidence along the way, but I-864 rfes usually comes within the month.

 

you can calculate your annual income and that would work.

 

the problem is there are a lot of people getting rfes these days even when they income looks sufficient, because the taxes not looking sufficient. That is why I suggested a joint sponsor.

 

but your income would normally be ok to use, even if you haven’t received it all yet. A letter from employer would be a good evidence along with paystubs