How to show my H1B job earnings instead of USC spouse earnings in I-864?

[justmarriedusciti 7]

I have a well paying job on my H1B visa and my employer is very happy with me. I'm married to a USC but she's a grad student and has not worked thus far at a level where she was required to file taxes. Could we somehow tell the USCIS officer that my income alone is what we have been on since we got married and that it is what we plan on using for our financial needs? I could ask her parents to be one of our Joint Sponsors but I want to use that as the last resort since I don't want to give the impression that I'm using them for my GC application. 

What letters or forms do I need to submit and which exact I 864 do I submit for this purpose?  

[Wuozopo 4,293]

6 hours ago, justmarriedusciti said:

I have a well paying job on my H1B visa and my employer is very happy with me. I'm married to a USC but she's a grad student and has not worked thus far at a level where she was required to file taxes. Could we somehow tell the USCIS officer that my income alone is what we have been on since we got married and that it is what we plan on using for our financial needs? I could ask her parents to be one of our Joint Sponsors but I want to use that as the last resort since I don't want to give the impression that I'm using them for my GC application. 

What letters or forms do I need to submit and which exact I 864 do I submit for this purpose?  

She has to do the I-864 as the USC spouse. 

She must provide her latest tax return or a statement why she was not required to file.  Her statement will say "I am a full time student. In 2018, I earned $xxx.xx which was below the income level to file an income tax return."  She can state similar for 2016 and 2017. Add a signature.

 

She fills out the form fully, even if she has to say unemployed or zero income in the appropriate section. See page 4 of the form I-864. In the second column after her employment/income details, there is the option the add the income of family members. It starts with:

 

Income you are using from any other person who was counted in your household size, including, in certain conditions, the intending immigrant. (See Form I-864 Instructions.) Please indicate name, relationship, and income. 

You will be Person 1

 

The instructions instructions allowing your income say:

 

If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part 5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after obtaining lawful permanent resident status. He or she does not need to complete Form I-864A unless he or she has accompanying children. 

 

So you have to provide a copy of your visa that shows you are already LEGALLY allowed to work in the US. Provide proof of your income with a 2018 tax transcript, an employer letter, and 6 months pay stubs. 

 

After your income is added as Person 1, then the total Household Income includes hers and yours on page 5 #20.

#21 blank

#22 checked and your name written in

 

 

[justmarriedusciti 7]

Great response! One follow up question, is it still valid for us to do this if we have only lived together for a month so far? I have read on certain websites that the H1B spouse can only use his income in the Affidavit of Support if he/she has lived with USC spouse for at least 6 months. Any truth to that statement? 

Thanks so much!

[Wuozopo 4,293]

3 minutes ago, justmarriedusciti said:

Great response! One follow up question, is it still valid for us to do this if we have only lived together for a month so far? I have read on certain websites that the H1B spouse can only use his income in the Affidavit of Support if he/she has lived with USC spouse for at least 6 months. Any truth to that statement? 

Thanks so much!

I have never seen that. You are her spouse and the intending immigrant. Even if you lived in the UK she could add your income to her I-864 because you are married. 

 

That is less typical because somebody in the UK needing this form for their spouse visa usually won't have a US income. But if they produce a letter from their UK employer saying that their job and income will continue after moving to the US by working remotely, then they have satisfied the requirement mentioned in the instructions..."you must provide evidence that his/her income will continue from the current source". If the intending immigrant was other than her spouse, like father or sister, then that person would have to already live in her home and provide proof of the same address and that they were related. As a spouse it doesn't apply to you

 

See page 12 of the instructions https://www.uscis.gov/system/files_force/files/form/i-864instr.pdf?download=1

How Can My Relatives and Dependents Help Me Meet the Income Requirements? 

Can the Intending Immigrant Help Me Meet the Income Requirements? 

[justmarriedusciti 7]

That's good! I've been working in the US itself for the last 2 years now (same employer). I'll ask my employer's HR to produce such a letter. As long as they don't care how long she has been living with me, it should be fine. 

[USS_Voyager 1,972]

Great info. I would throw in there your W2 as well, just for good measure

[Wuozopo 4,293]

From the I-864 instructions 

 

Item Numbers 23.a. - 25. Federal Income Tax Return Information.  

If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income. 

[justmarriedusciti 7]

On 6/14/2019 at 11:24 AM, Wuozopo said:

From the I-864 instructions 

 

Item Numbers 23.a. - 25. Federal Income Tax Return Information.  

If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income. 

I'll just provide all my W2 print outs from my employer and tax returns from my accountant. I think that should suffice? Or do I need official ones from the IRS?