Can I exclude my spouse from being a sponsor on AOS?

[Arthess 0]

Hello! This is a question in filling out I-864. I am petitioning for my child.  My husband will not be a sponsor since I make sufficient income. However we file tax jointly.
My question is: can I exclude his name from the I-864 form, on Part 6 #20 can I put just my current income and state only my income in the past 3 years income fields? In such case USCIS won't be able to verify my income (only combined income appears in our federal tax form)

Thank you all in advance! 😊
 

[Chancy 6,241]

15 minutes ago, Arthess said:

can I exclude his name from the I-864 form

 

Yes, you do not have to list your husband's name in part 6, but you must still include him in your household count (part 5, item 3).

 

19 minutes ago, Arthess said:

on Part 6 #20 can I put just my current income

 

If you are using only your income, copy whatever you wrote in part 6, item 7.  That number should be taken from the annual salary listed in your employment letter, or the salary on your latest pay stub multiplied by the number of pay periods per year.

 

22 minutes ago, Arthess said:

state only my income in the past 3 years income fields?

 

No, you must list exactly whatever is in your tax filings.  There is no calculation involved for part 6, item 24.  Simply copy over the numbers listed on the line for Total Income on your IRS form 1040/1040A for 2020, 2019, 2018.  If you actually filed using IRS form 1040EZ, take whatever is listed on the line for Adjusted Gross Income instead.

 

Note that it is perfectly acceptable for your answers on part 6, items 7 & 20 to be different from the number on item 24a.

 

32 minutes ago, Arthess said:

In such case USCIS won't be able to verify my income (only combined income appears in our federal tax form)

 

If you are pursuing an immigrant visa for your child, USCIS will not be involved in checking your I-864.  It will be NVC that will screen it for the consul officer's assessment at the embassy stage.

 

Anyway, if you are using only your income to qualify, in addition to your Tax Return Transcript, you must also submit your W2 + all schedules for 2020.  You also need to submit evidence of your current income, like your latest pay stub or an employment letter listing your annual salary.  Details here -- https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-5-collect-financial-evidence-and-other-supporting-documents.html

 

[Arthess 0]

13 minutes ago, Chancy said:

 

Yes, you do not have to list your husband's name in part 6, but you must still include him in your household count (part 5, item 3).

 

 

If you are using only your income, copy whatever you wrote in part 6, item 7.  That number should be taken from the annual salary listed in your employment letter, or the salary on your latest pay stub multiplied by the number of pay periods per year.

 

 

No, you must list exactly whatever is in your tax filings.  There is no calculation involved for part 6, item 24.  Simply copy over the numbers listed on the line for Total Income on your IRS form 1040/1040A for 2020, 2019, 2018.  If you actually filed using IRS form 1040EZ, take whatever is listed on the line for Adjusted Gross Income instead.

 

Note that it is perfectly acceptable for your answers on part 6, items 7 & 20 to be different from the number on item 24a.

 

 

If you are pursuing an immigrant visa for your child, USCIS will not be involved in checking your I-864.  It will be NVC that will screen it for the consul officer's assessment at the embassy stage.

 

Anyway, if you are using only your income to qualify, in addition to your Tax Return Transcript, you must also submit your W2 + all schedules for 2020.  You also need to submit evidence of your current income, like your latest pay stub or an employment letter listing your annual salary.  Details here -- https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-5-collect-financial-evidence-and-other-supporting-documents.html

 

Do I have to add my retirement pay aside from my current income to my individual annual income? 
Thank you for again for all your help! I truly appreciate it. 
 

[Chancy 6,241]

1 minute ago, Arthess said:

Do I have to add my retirement pay aside from my current income to my individual annual income? 

 

Do you mean that you are receiving retirement benefits while also being a salaried employee?  If so, it's up to you whether to include your retirement income or not.  You don't need to if your annual salary is well above the minimum requirement for your household size.  But if it is borderline, better to include all current income that you have evidence for.